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2009-08-11-9:00AM-REGULAR
E op rA 5 Tp OF BRAZOS COUNTY cCG BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 11 AUGUST 2009 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard. 2. Call for citizen's input and/or concerns. 3. Presentation regarding Delinquent Property Tax Collection Activity for the period of 1 April 2009 through 31 June 2009. Consider and take action on agenda items 4 - 22: 4. Budget Amendment 08/09 - 45.1 thria 45.7. 5. Personnel Change of Status. 6. Contract with the Brazos Family Medicine Residency to provide medical assistance to qualified indigent applicants for services; term of contract is 10/01/2008 through 9/30/2009. 7. Payment of Claims. 8. Appointment of Commissioner Irma Cauley to the Solid Waste Advisory Committee. Commissioner Cauley replaces Carey Cauley as a Brazos County representative on this committee. VOL a PAGE Office of the County Judge • 200 South Texas Ave. Suite 332 Bryan, Texas 77803 Fax: (979) 361-4503 Commissioners Court Agenda 11 August 2009 Page 2 9. Appointment of Mr. Chad Hovde to the Brazos County Historical Commission, effective immediately through 31 December 2010. 10. Interlocal Agreement for increasing the height of the Brazos County Millican radio tower. 11. Contract with Austin Environmental, Inc. for consulting services regarding asbestos air monitoring and asbestos project management for the Brazos County Courthouse Renovation Project, Phase 1 and Phase 2. 12. Renewal of the current Depository Contracts with the following banks for an additional two years through 5/31/2011: a. Wells Fargo Bank b. Citibank, N.A. c. Prosperity Bank 13. Commissioners Court minutes for the following 2009 dates: a.. 1 June Special Meeting (2:30 pm) e. 14 July Regular Meeting b. 6-24 July Workshop Session f. 21 July Regular Meeting C. 7 July Regular Meeting g. 27-31 July Workshop Session d. 8 July Emergency Meeting h. 28 July Regular Meeting 14. Permission to accept donated property in the form of a large quantity of air filters in varying sizes from James E. Rudder, Jr. for use in County facilities. 15. Out of state travel request from the County Extension Office for Dr. Alma Fonseca to attend the 2009 National Extension Association of Family and Consumer Sciences Annual Conference and Exhibits in Birmingham, AL on 14-19 September 2009. 16. Tax Refund Applications for the following: a. Jesse & Jennifer J. Osufsen d. Boardwalk Spa & Nail Salon b. MKGD Properties e. Alex Reyes c. John & Ruth Drescher 17. Renewal of Bid 2009-34 as new Bid #2009-47R, Asphalt and Emulsions, as follows: Primary: Cleveland Asphalt - AEP and SS-1 Ergon - CRS-2 Secondary: Ergon-AEPandSS-I Cleveland Asphalt - CRS-2 18. Permission to award Bid 2009-45, Refinish of Exposition Center Floor, to North Texas Bromanite, and also award alternates B and C at the Exposition Center Director's discretion. VOL I~ PAGE 5 Commissioners Court Agenda 11 August 2009 Page 3 0 19. Construction of a tank dam located on Brazos County property at the Kathy Fleming Road Citizen's Collection Site. Project will entail moving a portion of the existing tank dam from private property onto Brazos County Property; site is located in Precinct 1. 20. Request from Wellborn Special Utility District to construct a water line improvements project in the right of way of Frontier Lane, Pioneer Drive and Westward Ho in the Seven-Eleven Ranch subdivision, and Joubert Road and Westbrook Road in Lake Millican Estates. Project will entail construction of numerous road bores and parallel installations; site is located in Precinct 1. 21. Payment Authorization in the amount of $2,405.00 to Crash Dynamics for work done on the vehicle that was involved in the Northgate Parking Garage accident; a purchase order was not obtained in advance 22. Payment Authorization in the amount of $403.92 to US Extraditions Services for the transport of an inmate from Edinburg, TX to the Brazos County Jail; a purchase order was not obtained in advance. 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. Agency / Board / Committee reports by Court members. 26. Adjourn. voij.~)4?AGE. ce COMMISSIONERS' COURT REGULAR MEETING AUGUST 11, 2009 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, August 11, 2009 with the following members of the Court present: Randy Sims, County Judge; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2, Presiding; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Alen, P.C. Attorneys at Law. Vol I a4 Page Commissioners Court meeting August 11, 2009 2 The Court next considered Budget Amendment #08/09-45.1 through 45.7 that would reallocate funds for the 85th District Court, Law Library Fund, County Clerk-Elections, Magistrate, 272nd District Court, District Clerk-Jury Services, Expo Center. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendments as submitted. A copy each amendment is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos Family Medicine Residency for medical care of the County's eligible indigents. The cost to Brazos County will be $85,000.00. The term of the contract is for twelve (12) months commencing on October 1, 2008 and terminating September 30, 2009. On motion by Commissioner Cauley, seconded by commissioner Mallard, the Court voted unanimously to enter into contractual agreement with the Brazos Family Medicine Vol P-4 Page 9 Commissioners Court meeting August 11, 2009 3 Residency and authorized the County Judge to execute the document. A copy of the contractual agreement is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7064868 through 7065069 On motion by Commissioner Wassermann, seconded by the County Judge, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was the appointment of a member of the court to serve on the Solid Waste Advisory Committee. On motion by the County Judge, seconded by Commissioner Mallard the Court voted unanimously to appoint Commissioner Irma Cauley as Brazos County's representative on the Committee. The appointment is effective immediately. She replaces the late Commissioner Carey Cauley, Jr. The Court next considered the appointment of an individual to serve on the Brazos County Historical Commission. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to appoint Mr. Chad Hovde to serve on the Brazos County Historical Commission. His appointment is effective immediately. The next matter before the Court was consideration of an Interlocal Agreement between the City of College Station and Vol 12-4 Page 9 Commissioners Court meeting August 11, 2009 4 Brazos County to remove a radio tower owned by the County and located on County property at 21550 Kathy Fleming Road and to construct a new tower utilizing portions of the old tower and increasing the tower height from 100 feet to 190 feet to enhance radio communication of the parties. The City of College Station will perform the work. The parties will each be responsible and assume the cost for the proper operation, maintenance, repair and use of the new tower. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to enter into the Interlocal Agreement and authorized the County Judge to execute the document. A copy is attached. The Court next considered a Consulting Contract between Austin Environmental, Inc. and Brazos County to include asbestos air monitoring and asbestos project management for the Brazos County Courthouse Phase 1 & Phase 2 Renovation Project. Estimated cost will be $25,000.00. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to accept the recommendation of the Purchasing Agent and approve the Consulting Contract with Austin Environmental, Inc. and authorized the County Judge to execute the document. The County Judge asked how long it would take. A copy of the proposal is attached. Vol 1 P q page 10 Commissioners Court meeting August 11, 2009 5 The next matter before the Court was consideration of the renewal of the current Depository Contracts with the following banks: a. Wells Fargo Bank b. Citibank, N.A. c. Prosperity Bank These contracts are for the District Clerk's Office. On motion by Commissioner Mallard, seconded by the County Judge, the Court voted unanimously to renew all of the previously noted contracts for a period beginning June 1, 2009 through May 31, 2011. The Court next considered approval of the minutes of the Commissioners' Court meetings held in June and July 2009 on the following dates: Regular Meetings July - 7th 14th 21st 28th Special Meeting June - 1st at 2:30p.m. Workshop Sessions July - 6th through 24th and 27th through 31st Emergency Meeting July - 8th on motion by Commissioner Wassermann, seconded by commissioner Cauley, the Court voted unanimously to approve the minutes as submitted. The Court next considered authorizing acceptance of donated property from James E. Rudder, Jr. Mr. Rudder has offered the County all air filters belonging to him currently stored at Texas A&M Surplus in Building 957 on Agronomy Road. Vol I d q Page l Commissioners Court meeting August 11, 2009 6 The County Judge asked the Director of Building Maintenance if the County could use them. Mr. Guitron replied that forty percent will fit and the others can be retrofitted. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to accept the donated property. The next matter for consideration by the Court was a request submitted by the County Extension Agent seeking approval for out of state travel for Dr. Alma Fonseca to attend the 2009 National Extension Association of Family and Consumer Sciences Annual Conference and Exhibits in Birmingham, Alabama on September 14 through 19, 2009. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the County Extension Agent and approved payment of out of state travel expense for Dr. Alma Fonseca. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Jesse & Jennifer J. Osufsen, over payment $84.80 b. MKGD Properties, over payment $663.43 c. John & Ruth Drescher, over payment $227.80 d. Boardwalk Spa & Nail Salon, over payment $64.31 e. Alex Reyes, over payment $60.74 Vol )-q Page 1 a Commissioners Court meeting August 11, 2009 7 On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered the renewal of Bid 2009-34, Asphalt and Emulsions. Charles Wendt, Assistant Purchasing Agent, made the following recommendations: Primary - Cleveland Asphalt-AEP and SS-1 Ergon-CRS-2 Secondary - Ergon-AEP and SS-1 Cleveland-CRS-2 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and awarded the contracts as noted above. The new bid number is 2009-47R and the renewal agreements are attached. The next matter before the Court was consideration of Bid 2009-45, Refinish Floor of Exposition Center. Charles Wendt, Assistant Purchasing Agent, recommended the bid submitted by North Texas Bromanite. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to North Texas Bromanite. A copy of the bid tabulation is attached. Vol l Page 13 Commissioners Court meeting August 11, 2009 8 The Court next considered the construction of a tank dam located on Brazos County property at the Kathy Fleming Road Citizen's Collection Site. The project will entail moving a portion of the existing tank dam from private property onto Brazos County property. The County has exhausted all possible means of locating the current property owner. On motion by Commissioner Wassermann, seconded by the County Judge, the Court voted unanimously to approve the work. The next matter before the Court was consideration of a request from Wellborn Special Utility District to construct a water line improvements project in the right-of-way of Frontier Lane, Pioneer Drive and Westward Ho in the Seven- Eleven Ranch subdivision,, and Joubert Road and Westbrook Road in the Lake Millican Estates. The project will entail the construction of numerous road bores and parallel installations. The sites are located in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered a payment authorization in the amount of $2,405.00 to Crash Dynamics for work done on a vehicle that was involved in a fatal accident. A purchase order was not done in advance. On motion by Commissioner Vol '19-4 Page 14 Commissioners Court meeting August 11, 2009 9 Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a payment authorization in the amount of $403.92 to US Extraditions Services for the transportation of an person from Edinburg, Texas to the Brazos County Sheriff's Office. A purchase order was not obtained in advance. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. There were no announcements of interest items and possible future agenda topics. Under citizen input and/or concerns, the following spoke: Sheriff Chris Kirk a) There were 506 inmates in jail, 77 are out of County, 51 have monitors and 44 are pending for monitors. There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 1 OA q Page 5 2 M eAvHYL5 The foregoing minutes of the Commissioners Court Werkehep held August 11, 2009, have been examined and approved in open Court this the day of 20(x(, in Bryan, Brazos County, Texas. Randy Sim Lloyd W ssermann County J dge Commissioner, Precinct No. 1 Duane Peters Kenny Mallar Commissioner, Commissioner, Precinct No. 2 Precinct No. 3 Irma a Commissioner,' Precinct 4 Attest: K en McQueen Count lerk Vol 19-4 Page I Le Brazos County Commissioners Court Meeting on ~,w1~ 2003 at Name Organization/Department i Onv AV v,9 Feic JCA-L L -ET 07/ to --:S-V, j ]A LI Vol. la~PAGE Brazos County Commissioners Court at 9 : v J R ✓WJ Meeting on /JwU 1200 Name Organization/Department s~ J.VOL 114 PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 45.1 thru 45.7 On this the 1 I m day of August 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 1 I August 2009 the Court heard and approved a budget amendment for the 2008-2009 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 19 September 2008, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 1 I°i day of August 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: da~ D Randy County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes q VJL la`s i AGE r / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 45.1 8/11/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 rDR Contin enc - General Fund 5,512.00 0100 22000100 61900000 Visitin Court Reporters 2,069.00 0100 22000100 61801000 Travel 183.00 0100 22000100 61620000 Subscri tions & Publications 1,307.00 0100 22000100 51642000 Visitin Baliffs 1,811.00 0100 22000100 53100000 Social Securi 139.00 0100 22000100 53800000 Workers Compensation 3.00 85th District Court To reallocate funds to allow for the additional costs associated with operations of the 85th District Court to finish out the fiscal year. t saw , .t Ypg~ UP - r{~ ~s Qeparfinent3`Approval "Date1 sRrepared By ~ ~-,x*tlf/~{ ,Dated ,3raw;'_8/5/2009 FIT * DEN-, t Prim ~ t€e PAGE oZD BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 45.2 8/11/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1500 52000100 67670000 CR Printers 3,000.00 1500 52000100 61620000 DR Subscriptions & Publications 3,000.00 Law Library Fund: To reallocate funds to allow for additional monies needed for boks and updates to West Group and additional expendi es anticipated to complete the fiscal year, t ~..'k*4* .'ua > %07314005- _ - ` max,; ss De aTfinent A coval vy h~ Date m:4 p P~epared,By~ Da~te~ ~;s'n*'t 8Ifi/2009 ~t:.^.. County Judg pprova5r ~.3.3 ~ J" Y t f..s , 't5"+5.yye t ,yw *%$J'" 3.P' t X Date ff'14~,fw UJLL ~ )4 pg'r o2I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 45.3 8/11/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 21002000 61010000 CR Professional Fees 175.00 0100 21002000 72590000 DR Advertising - Legal Notices 175.00 Count Clerk - Elections To reallocate funds to a for legal advertising re uired b the Department of Justice for moving the Courthouse Earl Votin & El ti day ollin laces, wy ~'L Z ~ ~ Tc# 's ~ Ty8-" e'~~ ~a'Nc-hQR',~ t#Y'!^ +~viryi' ~a,~a . t sr ~ { S'. `~f*v ff rvF i,.'2"6°*" re yti<z De a~rtmentaA rOVa~t jF L a c:SX sip Pr. Date~ ~ & R eparedrBy~ it b n, x ~ '31 :Date OWN t x-„mk ~s c ' yw.'~" 1`~ a ~"rr•••~~'~y^.' t~«.rr~ -Y'TM.~z. IF ma t VY > R" t sc4r 'tea,' ' a F."itf~=a . County utlge royal~vDat~~~~_ Vol. 194 PAGE as BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 45.4 8/1112009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22600100 60600000 CR Office supplies 295.00 0100 22600100 65320000 CR Equipment -Maintenance 121.00 0100 22600100 61500000 DR Printin 416.00 Magistrate To reallocate funds to allow for the orderin or Order A t Attome forms. x .r we " . a'te' .•z. '+x€"-ta-+,~* y°x Dep7rtMBOt Approya D..ate -.9- g-~ ',~rw P eparetl gY ~s MD.. ate , ~~g8/8/200e x~yr A. ~ Ln .kn I y G .t ~ ~~4 CountyJudg pproxklt MDateL 1 rte VOL )A PAGE a3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 45.5 8/11/2009 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 22100100 60500000 CR Office Equipment 310.00 0100 22100100 65320000 DR Equipment - Maintenance 310.00 272nd District Court To reallocate funds to allow for the purchase of a soundboard that has broken. The soundboard was sent for repair evaluation and then was determined to be more cost efficient to replace than to re air. ,tr-,.4«'C..bv°.~, AA'; r e ' N Kv r~. ~*ti'f K''NwyY3ft T Snl 4{A C.'. -'4}c l` Y-L is 5 ON _ ,ar9m {rinw... 'da, F".. +u M1.h? ..e.~S - v k s M ..•l : NW, ~x~ c x De artmentkA ri5val *'Dateaz - ...._.._....~tt,ig a....,_.,....» .............v.`~+..i~. m~c.r„„. Prepared ByF `y at 3 m~'+T ~'.:rM`'2~5~s~` s~. y..G" ^.+M~7Y..~r YCOUn•74p.I ggl',r P eal` i KIM, teiv~''~'v-,^ i~ Min MR u VOL 194PAGE dµ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 45.6 8111/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 20010000 61500000 CR _Printing 1,500.00 0100 20010000 710250000 DR Contract Services 1,500.00 District Clerk - Jury Services To reallocate funds for postage formailin of summons. The mailing ofjury summons is outsourced to Information M mt Solutioi who is aid for the osta e. F„ r s WNW 'Qe _artinent{A ro I- w, v m Date Dane-S 8/6/20095 County°~Jud "Approval Date`, r s``a r xW ' a5 Vol. ia~l paGr. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 45.7 8/11/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36000100 71030000 CR Employment Services 10,000.00 0100 36000100 60440000 CR Janitorial Services 5,000.00 0100 36000100 65050000 DR Building Maintenance 15,000.00 Expo Center To reallocate funds for additional alternates to the Expo Ehibit Hall floor resurfacing base bid. r 1 !D6 M'' ii w a. ~°e :4a `fi't 3^a ~arEmenfvApproval,,, , _Y _~Date,p - r, Prepared`B t yd nty'~u_`d aApproval~: Date ' yatiy 'Nri i^' ..?+~u""4fi +i: r .a ate' ` tK ~L t.> Vol.-lAPAG}r ale PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 11, 2009 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk Langley, Michelle Resignation Human Resources O'Gilvie, Shanna Resignation Approved in Commissioners' Court: August 11, 2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) CONTRACT THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Brazos Family Medicine Residency (hereinafter "Provider"), located at 1301 Memorial Drive, Suite 200, Bryan, Texas 77802. WHEREAS, the medical care of the County's eligible indigents has become a growing problem; and WHEREAS, the County recognizes that good medical care of eligible indigent individuals and families that emphasizes prevention, care management, and appropriate acute care results in less costly medical expenses for the Community and in a more productive work force; and WHEREAS, the County is interested in promoting such care through the Provider, NOW THEREFORE the parties above stated agree to the following terms and conditions to provide such indigent health care. TERM The contract shall continue in force and effect for a term of twelve (12) months commencing on the 1 st day of October, 2008 and terminating 30th day of September, 2009. CANCELLATION This contract may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER Provider shall provide the following services through trained, salaried staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational information, information on sources of prescription medication and/or access to "sample" or subsidized medications, coordination of physician care during hospitalization (herein "services"). USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein below shall be used to provide a faculty physician for supervisory purposes and three (3) resident physicians. The County and Provider acknowledge that the County's purpose in providing funds is to provide medical assistance to qualified indigent applications and that the funding of trained personnel of Provider is designed to accomplish that goal. Vol. la 4 Pay6 COUNTY'S LIABILITY FOR PAYMENT The County agrees to reimburse the Provider for actual cost of the parts of the salaries up to a maximum of Eighty Five Thousand andNo/I00 Dollars ($85,000.00) for the term of this Contract. RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following Services pursuant to this Contract: 1. Completing all necessary application forms to potentially eligible indigent individuals. 2. Obtaining and compiling information on each applicant for Provider's Services with regard to residency and financial qualifications. 3. Maintaining this Contract. 4. Provision of the Provider's Services as defined herein. 5. Maintaining data files on clients/patients and the Services provided thereto. 6. Responding to all and any inquiries by the County regarding the Clinic and its Services. 7. Assisting the County with information needed for audit purposes. 8. Providing the County with quarterly financial statements. 9. Providing the County with any and all certified audits of Provider and the management letter prepared in connection therewith. 10. Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one week prior to the funding dates set forth herein above. II. Providing the County with statistics evidencing the number of Brazos County residents using the Provider's Services and the percentage Brazos County residents comprise of the total population using Provider's services. uo,.la'~~Ae~ a~ RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements. 1. Provide County funds for the payment of the consideration stated herein. 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records of the Clinic. The Provider agrees to maintain and make available for inspection by the County upon request consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the provider with funding. Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin..The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the Services stated herein and for any damage to any person resulting from any act or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree the Provider IS an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages or liabilities which may arise due to the duties and obligations contracted for herein. voi- ia4 COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the Services to which it relates has personal interest, direct or indirect, in this Contract. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Brazos Family Medicine Residency Program C/O David A. McClellan, M.D., Program Director 1301 Memorial Drive, Suite 200 Bryan, Texas 77802 Brazos County C/O Commissioners Court Brazos County Courthouse 300 S. Texas Avenue, Suite 325 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. 1 VOI I 94 PAGE 3 ASSIGNABILITY Provider shall have the right to assign this Contract and any of its rights hereunder to a wholly owned subsidiary or to a corporation with which it may be merged without prior written consent of the County; otherwise, this Contract is not assignable by the Provider without the prior written consent of the County. DATED this day of August, 2009. BRAZOSCO TY BY: andy Si , County ge BRAZOS FAMILY /MEDICINE RESIDENCY PROGRAM BY: Dav d McCle(tll-, M.D. 0 ' p r~ / jom~ voi.IAPASr 3a VOL I,114PAGE 53 INTERLOCAL AGREEMENT f FOR INCREASING THE HEIGHT OF THE BRAZOS COUNTY MILLICAN RADIO TOWER THE STATE OF TEXAS COUNTY OF BRAZOS This Agreement is made and entered into by and between the City of College Station (hereinafter referred to as "College Station"), a Texas Home Rule Municipal Corporation, and Brazos County, Texas (hereinafter referred to as the "County"). RECITALS WHEREAS, College Station and the County wish to enter into an interlocal agreement for the purpose of removing a radio tower owned by the County and located on County property located at 21550 Kathy Fleming Road, in the vicinity of the community of Millican, Texas and to construct a new tower utilizing portions of the old tower and increasing the tower height at such location from 100 feet to 190 feet to enhance radio communications of the parties; and WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes local governments to contract with each other to perform governmental functions or services including emergency response services and to make cooperative purchases of goods among themselves; and WHEREAS, College Station and the County desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, and services; and WHEREAS, the parties are of the opinion that the joint use and modifications to the Millican radio tower for the purpose of providing improved public safety and emergency communications will be beneficial to the citizens of Brazos County and College Station; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: 1. DEFINITIONS (a) "BVWACS" means the Brazos Valley Wide Area Communications System established among the City of College Station, City of Bryan, City of Brenham, Brazos County, Washington County, and Texas A&M University pursuant to that once certain agreement titled "Interlocal Agreement for the Construction, Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area Communications System (BVWACS)" approved in September and October of 2008 by such entities. Q\DOCUME-1\DLOCKL-1\LOCAL5-1\Temp\Millican Tower Final.doc VOL Pa PAGE 3'~ II. PURPOSE The purpose of this Agreement is to remove a radio tower and build a new, taller one utilizing portions of the old tower generally referred to as the Millican radio tower and raising the height of the tower at such location from the present height of approximately 100 feet to a height of approximately 190 feet for the new tower. The location and proposed removal, construction and cost estimate of such project is as shown on Exhibit A attached hereto and made a part hereof. The primary purpose of this project is to support public safety and general radio communications of the Parties and of third parties as set forth herein. III. OBLIGATIONS OF COUNTY The County agrees that it shall perform the following: 1. Make available to City, including the right of access, the property upon which sits an approximately 100 foot high radio tower owned by County and upon which will be constructed an approximately 190 foot high new radio tower at the location shown on Exhibit "A" , such location hereinafter referred to as the "Property." 2. Grant permission for City to remove the currently existing radio tower on the Property and to construct a new one as shown in Exhibit "A" for the purposes recited in this Agreement. This includes allowing the City to utilize all or some of the currently existing tower on the Property for construction of the new one on the Property. 3. Permit the City to carry out all its obligations and responsibilities as set forth in this Agreement. 4. Upon completion of construction of the new tower, permit, allow and make accessible to the City the new tower and Property as shown on Exhibit "A" for public safety radio systems users' communications. 5. Understand that during the period of removal of the old tower until completed construction of the new tower on the Property that neither tower may not be functional for communications during such period. Time is of the essence, and every effort will be made to minimize the time that communications are unavailable due to this project. 6. Understand that the scope of work to be performed by the City is to remove the old tower and construct a new one; and that making additional improvements or adding facilities upon the tower so as to allow or permit BV WACS radio communications falls outside the scope of this Agreement. Tower construction will be coordinated with BVWACS to minimize delay and impact on BVWACS. 7. Understand and agree that ownership of the Property, the old tower and the new tower shall remain with the County; but in the event this Agreement is terminated earlier than C:\DOCUME-l\DLOCKL-1\LOCALS-1\Temp\Millican Tower_Final.doc VoEJ PAcI 35 as otherwise set forth as the initial term that the provisions regarding early termination apply. 8. Understand and agree that capacity on the new tower for governmental use is to be shared equally by both Parties. 9. Be responsible and assume the cost for the proper operation, maintenance, repair and use of the new tower for radio communications, including proper maintenance, upkeep and repair of the tower structurally. 10. Not enter into any third party agreement for use of the new tower without mutual written agreement of the parties except that use of the new tower by BVWACS shall not require future mutual agreement. 11. Assume the cost and responsibility of purchasing and installing on the new tower whatever equipment is necessary for County radio communications. IV. OBLIGATIONS OF THE CITY The City agrees that it shall perform the following: 1. Assume responsibility for the performance and cost of removing the existing tower on the Property and constructing a new one as set forth in Exhibit "A." 2. Comply with all applicable laws, rules and regulations regarding the removal of the current tower and construction of the new one. 3. Comply with all applicable laws, rules and regulations in using the new tower for its radio communications. 4. Understand and agree that ownership of the Property, the old tower and the new tower shall remain with the County; but in the event this Agreement is terminated earlier than as otherwise set forth as the initial term that the provisions regarding early termination apply. 5. Understand that the scope of work to be performed by the City is to remove the old tower and construct a new one; and that making additional improvements or adding facilities upon the tower so as to allow or permit BV WACS radio communications falls outside the scope of this Agreement. 6. Understand and agree that capacity on the new tower for governmental use is to be shared equally by both Parties. 7. Not enter into any third parry agreement for use of the new tower without mutual written agreement of the parties except that use of the new tower by BV WACS shall not require future mutual agreement. C:\DOCUME-1\DLOCKL-1\LOCALS-1\Temp\Millican Tower Final.doc VOL L dTPAU 3( 8. Assume the cost and responsibility of purchasing and installing on the new tower whatever equipment is necessary for City radio communications. 9. Submit for County approval the tower design and specifications prior to beginning removal of the existing tower and construction of the new tower. 10. Ensure that the new tower design will accommodate the planned BVWACS antenna equipment. V. TERM The initial term of this Agreement is five years. Thereafter, this Agreement shall be automatically renewable for one year terms unless terminated in accordance herein. In the event either Party desires to terminate this Agreement during the first five years, it may do so only after giving 270 days advance written notice to the other Party. In such event, the County agrees to reimburse City its actual costs incurred in removing the old tower and constructing the new one, prorated for the time the tower is used by both Parties. Thereafter, in the event either Party desires to terminate this Agreement it may do so upon giving 180 days advance written notice to the other without further obligation. VI. INDEMNITY / RELEASE To the extent provided by law and without waiving governmental immunity or the limitations as to damages in the Texas Tort Claims Act, the Parties each individually agree to hold the other harmless from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death to any person or damage to any property, arising out of or in connection with the work performed under this Agreement. The Parties hereby agree that each Party will remain solely responsible for the legal defense and any civil liability due to the actions of a peace officer or other personnel regularly employed by the Party. Nothing herein shall be construed as a waiver of any legal defense of any nature to any claim against a Party or an agent, officer or employee of a Party. Each Party hereby releases, relinquishes, and discharges all other Parties, including their officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the services provided under this Agreement. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was C:\DOCUME-1\DLOCKL-1\LOCALS-1\Temp\Millicain Tf°~wer_Final.doc VOL I~' PAG{ 3-7 caused in whole or in part by the negligence of any Party, its officers, agents, and employees, or any third party. VII. EFFECTIVE DATE This Agreement shall become effective between the Parties hereto upon proper approval by both Parties. VIII. NOTICES Any notices, approval, consent, or communication by one Party to another must be in writing and may be by personal delivery or registered or certified United States Mail, properly addressed to the respective Parties as follows: COLLEGE STATION: Director Information Technology City of College Station P. O. Box 9960 College Station, Texas 77842 with copies to: City Manager City of College Station P. O. Box 9960 College Station, Texas 77842 BRAZOSCOUNTY: County Judge Brazos County 3132- 200 S. Texas Ave., Suite 319 - Bryan, Texas 77803 with copy to: Sheriff Brazos County Sheriffs Office 1700 Hwy 21 West Bryan, Texas, 77803 IX. MISCELLANEOUS a. The Parties expressly acknowledge that each Party to this Agreement is a Texas governmental entity. Nothing in this Agreement will be construed as a waiver or C:\DOCUME-l\DLOCKL-1\LOCALS-1\Temp\Millican Tower_Final.doc Vroi.1a`IPAG~ 3~ relinquishment by any Party of its right to claim such exemptions, privileges and immunities as may be provided by law nor form the basis of a consent to suit. b. The article headings in this Agreement are used for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. C. This Agreement is construed under and in accordance with the laws of the State of Texas and is performable in Brazos County, Texas. d. Public disclosure of information related to, and activities conducted under, this Agreement may be subject to the Freedom of Information Act (5 U.S.C. § 552) and the Texas Public Information Act (TEX. GOVT CODE 552.001 et. seq.). To the degree permissible by law and prior to public disclosure of any requested information, the Parties shall consult with each other regarding any such proposed disclosure. e. This Agreement may not be assigned by either Party without the written consent of the other Party. f. This Agreement constitutes the entire agreement between the Parties and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, representations, or agreements, either written or oral. g. The Parties represent that the undersigned representative of each entity is duly authorized to enter into this Agreement and that each Party is authorized to perform the functions or services contemplated herein. h. Each Party represents that it has sufficient funds available from current revenues to perform its obligations under this Agreement; i. This Agreement may only be amended or modified by the mutual agreement of the Parties hereto in writing. j. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. k. The failure of any Party to insist, in one or more instances, on strict performance of any of the requirements of this Agreement will not be construed as a waiver or relinquishment of such requirements in future instances, but such requirements will continue and remain in full force and effect. 1. Severability. If one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement and the Agreement shall be construed as if the invalid, illegal, or unenforceable term or provision had never been contained in it. C:\DOCUME-1\DLOCKL-1\LOCALS-1\Temp\Millican Tower_Final.doc C:\DOCUME-1\DLOCKL-1\LOCALS-1\Temp\Miftican Tower Final.doc VOL f aq PAGE 40 EXECUTED this the day of , 2009 by CITY OF COLLEGE STATION, TEXAS. CITY OF COLLEGE STATION, TEXAS By: Mayor ATTEST: APPROVED AS TO FORM: City Attorney City Secretary ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mayor of College Station, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2009. Notary Public in and for the State of Texas My Commission Expires: C:\DOCUME-1\DLOCKL-1\LOCALS-1\Temp\Millican Tower_Final.doc EXECUTED this the day of d(/L~1SF 2009 by BRAZOS COUNTY. - COUNTY O BRA By: Co Judge ATTEST: APPROVED AS TO FORM: 'ty Att ey - County Clerk ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersi ed authority, a Notary Public in and for the State of Texas, on this day personally appeared Kck 5(K.S County Judge of Brazos County, Texas, known to me to be the person whose ame is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of UOV A.D. 2009. g\E L. (LOCk~~!~~~~i rd O•~~~P3\YPUB` On'c~ O 3 ~j o Notary Public in and for the State o Tex My Commission Expires: ~LU( P pORE C:\DOCUM ~T~~LOCKL-l\LOCAL5-1\Temp\Millican Tower_Final.doc voz la's PAGE 4a Exhibit A The current 100' tower is shown in Figure i below: Figure 1: Current 100' tower s h f S 1 This work specified by this Agreement will remove the existing tower and install an approximately 190' tower in the same location. The existing tower will be reused in the new tower to the maximum extent possible. The new tower will be of similar construction, will be freestanding, and will not require guide wires for support. C:\DOCUME-l\DLOCKL-1\LOCALS-1\Temp\Millican Tower_Final.doc VOL IJ4PAGL L 3 AUSTIN ENVIRONMENTAL, INC. P.O. Box 3725 Bryan, Texas 77805-3725 979-778-2699 Fax 979-778-2730 pdehlinger@austinenv.com Asbestos Consulting Services Proposal Date: August 5, 2009 Proposal No.: Project Name: Brazos County Courthouse Remodel-Phase 1 & Phase 2 Location: 300E 26th Street Bryan Texas Project Contact Judge Randy Sims/ Ms. Pat Howard Telephone No.: 979-361-4290/phowardpco.brazos.tx.us Description of Services: Perform asbestos consulting services, asbestos air monitoring and asbestos project management duties for the Brazos County Courthouse Phase 1 & Phase 2 Renovation Project. Consulting services to comply with the Texas Asbestos Health Protection Rules TAC 295. 34 and the National Emissions Standards for Hazardous Air Pollutants (NESHAP) 40 CFR Part 61, subpart M. PROPERTY OWNER/OPERATOR IDENTIFICATION: Name: Commissioners Court -Brazos County Address: 200 S Texas Ave Bryan Texas 77802 Attention: Judge Randy Sims/ Ms. Pat Howard INVOICING: Asbestos Project Design Fifteen hundred dollars and no/100 ................................$1500.00 (Phase 1 & Phase 2 with bid form) Asbestos air monitoring/Per Day Four hundred dollars and no/100 ......................$400.00/8 Hr. Day Estimate 8-9 hrslday for the duration of the project depending on the Asbestos Abatement Contractors work schedule. Fifty dollars per hour over 8 hours ........................................................................................$50.00 Asbestos Consulting & Project Management Sixty-five dollars per hour ....................................$65.00 (Meetings, walk-thru, pre-bids, etc.) Asbestos Final Report Two hundred fifty dollars and no/100 .................................$250.00 (Per Phase) Proposal does not include Department of State Health Services (DSHS) asbestos fees. Austin Environmental Inc.,/P ul B. Dehlinger fee is based on the scope of work described in the proposal. If the propof ceptease' dica ith signature below and return proposal. Proposal is valid for a period not ed ys Signed Date VOi- 0 PAGr 06/02/2009 12:18 FAX 979 695 2439 CITIBANK TS 206 t~002 Citibank, N.A. - Tel 979-260-4360 South College Station Fax 979-764-8694 2717 Texas Ave. S. College Station, TX 77840 i C tI June 1.2009 i Brazos County District Clerk Mr. Marc Hamlin 300 L. 26th Suite 216 Bryan, Texas 77803 Dear Mr. Hamlin, Please consider this Citibank, N. A. agreement to a two year extension of your current contract. This renewal of the Depository Contract is between the Brazos County District Clerk, Texas and Citibank N.A. from June], 2009 thru May 31, 2011. This renewal is agreed to by representative of Citibank, N. A. and Brazos County. I Citibank N. A. Brazos County, Texas By: Kathy L c RandX0 s Vice Presi nt Brazo my Judge i I vol. 0a4PAGF 4 5 Soo E. 25" St., Suite 216 Brazos County Bryan 7X 77803 (979) 361-4230-4240 Narc Hamlin District Clerk May 14, 2009 Prosperity Bank Attn: Tamara 2807 S. Texas Ave. Bryan, TX 77802 Dear Tamara, The Depository Contract between Prosperity Bank and the Brazos County District Clerk ends on May 31, 2009. The previous contract renewal was for a term of two years. I would like to renew our contract with your bank for an additional two years. Please let me know if this is possible or if a new contract is needed. Respectfully yours, i J!' CLLG- Gy~'^""t^ Mar6Hamlin Brazos County District Clerk MHfbe Wells Fargo Bank Business Banking MACT5177-020 3000 Briarcrest Drive Bryan,TX 77802 May 21, 2009 Mr. Marc Hamlin, District Clerk Brazos County 300 E. 26 h St., Suite 216 Bryan, Texas 77803 Dear Marc, I am in receipt of your letter dated May 15 regarding the renewal of our contract with the District Clerk's office for an additional two years. We are pleased to extend the current contract and look forward to continuing our relationship with you and your staff. Respe fully,, Annie Jackson Senior Industry Specialist Wells Fargo Bank, N.A. APPROVE ` R y Sims, County Judge date VOL 1oa4FAU 47 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2009- 034, new Bid # 2009-47R, Asphalt, Oil and Emulsion, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2009-47R with no increase in price. The term of this renewal is from August 2, 2009 through November 1, 2009. 1 understand this agreement will be in effect upon approval by Commissioner's Court. ERGON ASPHALT & EMULSIONS AUGUST 3, 2009 Authorized Sign. ure - R. M. McKEMIE Date BRAZOSCOUNTY Randy County Judge Date VOL la4p.cr 49 --i >»mmm . gomovwwm m y d m m m m m° °f a m r o a m F c m 3 3 3 N N S N N N N O ry 9 ~ a a m m m a a ai m g o 3 a d o'o mmm0 0 m ma°°--mom m °m °m n m D m a m o m 3 m a o am mm vto2Eom ma°:ammmm ° md.~cm '0 °mmm 039 Q n s n ~.m rm~ m a o c m >a~ y 3 -v sy.~ a a ; v~ ^ m N N m Q C C 6 a a r a m d o 3 3 c a o s ^ m Op o ~ m fn d > > r- ~ a m ~ VI A N N E S N y m= m m lD O 3 3 °c °a n ° a < 3 x m 3 m N C 3° n x a O c o u Ul o N T> m O j Q n pp W W V O. N- 3 N , 6 d N m w A MN N- N N O a < w p (p 1 V Vt m O O m 0 0 ~7 O y V O m mm om=. { { O 00 poop 00 Nl Om z < c a> > ~p Zm 00 oo Doom s m arm mm~ lm, = c m m m°01 ~ p1 N r S O) VJ N N N N N (D H 3 Z A A R H \1Y A A O m S O Ui C W O X 'C^ 1~\ N n 0 V' yA N 6 H 2 m co 1 OI N t0 W O m ry m o X DO O O m mN n 0000 ~C1 { 0 3 Z v Z m o Z { m m m{ o o n c c m m o m o °i~ ~WtO fOmo gv~ y m m m'm in 3 3 a°pm y'm (D m m Ny x X m o a o m m D s > o m m, o w w n (A m O< n m m O ~f T N a 0 m 'a 4 VI m (O m L N O~ N m x A ~Omm p V M_~ ~b W N O Q1 Q1 O O O Q1 N O m N N 2 A A o O N ° m m N N fR fR fA < ' O O_ r V n m No 0 w C T = ~i7 N V ry N A T N O O W N W ° 2 < N y N o 0 0 N O 7 > m N~ O O- (O V W 3 0 0 m m 9 N O N A C O N+ W,00 N O O Ut N° ry m A O m Z° n°O Zin ~m o ° 00 ZON c ~w m mZm m o m o 0 a{ o m m{ o m m N N m o m m O a O O m O N N K S O N N N N N N m R 3 N N N m f~/ fA fR EA fA fR M H! Z O g0 1 S T y 3 O N m ~.N =A wO Vt ~ m N m 3^x a mn ° N m o m ammo 0 0 o r, v v c Q n << a~ N p x 3 NN cnA A - _.m am ~~moo H m m wG)C)~ m ~[nomm :pm ~ o ~ m ° ti m ww moon cn O O O O O O O m O> a c m m m ~2 A N m m O G N N m m O O O O O O O N m O N N N V N 0 N@@ N 3 Fd N N VOL~a PAGE ~ 9 11 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM l DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: August 11, 2009 ITEM: Request from Wellborn Special Utility District to construct water line improvements project in the right of way of Frontier Lane, Pioneer Drive and Westward Ho in Seven-Eleven Ranch Subdivision, and Joubert Road and Westbrook Road in Lake Millican Estates; project will entail construction of numerous road bores and parallel installations. Site is located in precinct 1. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right- of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBM T BY: APPROVED BY: Richard F. Vance, P.E. Commissio ler Lloyd Wassermann County Engineer Precinct 1 CC2009-044 This Reques is Appro ed fp //Denied 0 by Commissioners' Court Date: q Ran71nS, County Judge VOI1 a4pkGr ~ REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wellborn Special Utility District proposes to place a (type) within across the right-of-way of (road) in Brazos County, Texas as follows: See Below The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 22 day of July 2009 Install 6"/4"/3" Pipes along & under: Fir Wellborn SUD I Frontier Lane By ~ L~ Westward He Pioneer Drive Title: General Manager Joubert Road Westbrook Road Address: P.O. sox 250 e orn, exas Phone' (979) 690-9799 APPROVED BY COMMISSIONERS' COURT ON: Date Randy' Sim County Judge VOL PlIPAGE CJ~. w w F ao~ ¢ m F 7 3 w - pp E 5°S~ wWwwW Etl °Q U. A- ~ ~g£es=~ a=, ~ u, W W~ x mw O W W m ~ o z z W U J o w W z z QIn > o v m F- ~ ca Y z a Lli ~ waa=azLLJa x w Z nO' ~ ~ 7 (.7 7 U J Y C7 ~ 7 V7 O V ~ _ o U ZO w o ~ a z wwww w z O o w W HEZ m Q co 2 I~1I z<n~ W W J m QL w V O O Q Q w cr Q ~ 0 0 (Z) C) ~ ~ cc ~ IL ~ dal m m o:: LL:j U C7 CIO It Q Mftftfta V W E V0lla'~F~cF 5~, U U W a h ? 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