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HomeMy WebLinkAbout2009-08-18-6:00PM-REGULAR E -0 T fi F ~ yam * I* % tax ~y 0 Lf., BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 18 AUGUST 2009 AT 6:00 P.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 Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 21: 3. Budget Amendment 08/09 - 46.1 thru 46.6. 4. Personnel Change of Status. 5. Payment of Claims. 6. Resolution 09-012 establishing an auxiliary courthouse in Brazos County. 7. Lease Agreements with Southwood West for the following office space with lease term of 10/01/2009 through 9/30/2010, pending availability of funds: a. Justice of the Peace, Precinct 1 located at 12845 FM 2154, suite 180, College Station, Texas. b. Constable, Precinct 1 located at 12845 FM 2154, suite 140, College Station, Texas. Office of the County Judge - 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361-4503 Commissioners Court Agenda 18 August 2009 Page 2 8. Maintenance Agreement Upgrade with Documation for the Brazos County Juvenile Academy, allowing a larger image volume to prevent image overage costs. Monthly lease cost will be $445.00/month. 9. Request from the Sheriff's Office for permission to make the following transfer of vehicles between the Sheriffs Office and the Special Investigative Unit (SIU): a. transfer 2 Ford 2005 Crown Victoria's from the Sheriffs Office to the SIU; b. transfer 1 Ford 2000 Crown Victoria and 1 Ford 2004 F-150 X-Cab Truck from the SIU to the Sheriffs Office. 10. Tax Refund Applications for the following: a. Dan & Annie Chew Estate g. Robert & Marie Van Volkenburg b. Johnny M. Rice & Ann Thornton h. Raynbo Development c. US Bancorp Service Providers LLC i. Chase Home Finance LLC d. O. E. Smith & B/CS Leasing LLC j. Hospital Clinical Services Group, Inc. e. Chester L. Foster k. Robert B. & Chari L. Fitzgerald f. Carolyn Matheson 1. Choate Monument Co. 11. Cancelation of the 25 August 2009 regular session of the Brazos County Commissioners Court; a quorum will not be available. 12. Establish the date and time of a Public Hearing to consider a plan for the County Clerk Archival Fund. 13. Establish the date and time of a Public Hearing to consider a plan for the District Clerk Archival Fund. 14. Request from Purchasing for an additional MasterCard to be issued to an investigator for the Special Investigations Unit for travel expenses. 15. Permission to award Bid 2009-44, Construction of Two Lane Bridges, to Wakefield Bridge. 16. Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Collette Lane approximately 1000 ft. from its intersection with Alexander Road; site is located in Precinct 2. 17. Request from Wellborn Special Utility District to construct 1000 ft. of 6-inch water line installations in the right of way of Graham Road at its intersection with I&GN Road; site is located in Precinct 1. 18. Acceptance of a Special Warranty Deed from Barbara Beal Knight for improvements to Straub Road located in Precinct 1. 19. Acceptance of a Special Warranty Deed from Daniel and Stephanie Colunga for improvements to Straub Road located in Precinct 1. VJQR4 PAGE_7 Commissioners Court Agenda 18 August 2009 Page 3 20. Convene into Executive Session pursuant to §551.071 of the Texas Government Code for consultation with an attorney to discuss pending litigation. 21. Consider and possible action on the Executive Session. 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Agency / Board / Committee reports by Court members. 25. Adjourn PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING AUGUST 18, 2009 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners Courtroom in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, August 18, 2009 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the following spoke: Clyde Collins, Chief Deputy a) There are 512 inmates in the Brazos County Jail, 63 are out of the county, 50 are on electronic monitoring and 46 are pending for monitoring. The next matter before the Court was Budget Amendment #08/09-46.1 through 46.6, which would reallocate funds for the Vol a~} Page 8a Commissioners Court meeting August 18, 2009 2 Juvenile Services-Academy & Juvenile Services Detention, County Clerk Records Management Fund, Brazos Center; transfer funds from the Expo Expansion to the Contingency HOT Fund and from The HOT Fund to Building Expansion Expo, from General Fund to Debt Service; set up a new division called HOT Fund. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendments as submitted, a copy of each 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 change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7065070 through 7065329 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of Resolution 09-012 designating the leased premises at 3030 East 29th Street, Suite 113, Bryan, Texas 77802 as an auxiliary courthouse. It is to be named the Brazos County Vol I a q, Page Commissioners Court meeting August 18, 2009 3 Family Court Annex and will be used by the Associate Judge for Title IV-D Cases, the East Texas Cluster Court, and the State Office of Administrative Hearings. The Court discussed making a change to the lease to correct the official name. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt Resolution #09- 012. A copy is attached. The Court next considered lease agreements with Southwood West for office space for the offices of Justice of the Peace, Precinct 1 located at 12845 FM 2154, Suite 180 College Station, Texas and Constable, Precinct 1 located at 12845 FM 2154, Suite 140, College Station, Texas. Term of the two leases is from October 1, 2009 through September 30, 2010. Cost to Brazos County will be $2,213.50 per month for suite 180 and $1,650.00 per month for suite 140. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve both leases. A copy of each is attached. The next matter before the Court was consideration of an upgrade to the maintenance agreement with Documation, to a larger image volume for the Brazos County Juvenile Academy. The volume increase will prevent the Juvenile Services Department from having to pay image overage costs at $0.0120 Vol I~ Page a Commissioners Court meeting August 18, 2009 4 per image. Monthly lease cost will be $445.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the upgrade to the maintenance agreement with Documation. The Court next considered a request from the Sheriff's office for permission to transfer two vehicles from the Sheriff's office to the Special Investigative Unit (SIU). The SIU needs patrol equipped and marked vehicles to do various projects while the Sheriff's Office will be rotating out vehicles used for patrol cars. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the request from the Sheriff to transfer two (2) vehicles to SIU. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Dan & Annie Chew Estate, Over Payment $5.35 b) Johnny M. Rice & Ann Thornton, Over Payment $310.00 c) US Bancorp Service Providers LLC, over payment $500.00 d) O.E. Smith & B/CS Leasing LLC, over payment $27.58 e) Chester L. Foster, over payment $13.33 f) Carolyn Matheson, over payment $134.51 g) Robert & Marie Van Volkenburg, over payment $156.78 h) Raynbo Development, over payment $33.05 i) Chase Home Finance LLC, over payment $4,319.13 j) Hospital Clinical Services Group, Inc., over payment $11.66 k) Robert B. & Chari L. Fitzgerald, over payment $18.14 1) Choate Monument Co., over payment $57.19 Vol ) Page 9 3 Commissioners Court meeting August 18, 2009 5 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The next matter before the Court was the cancellation of the regular session of the Commissioners Court meeting for August 25, 2009 for lack of quorum. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to remove this item from the agenda. The Court next considered establishing the date and time of a Public Hearing to consider a plan for the County Clerk Archival Fund. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to conduct a public hearing on Friday, September 4, 2009 at 9:00 a.m. in the Brazos County Commissioners Courtroom, Count Administration Building, 200 South Texas Avenue, Bryan, Texas. The next matter before the Court was establishing the date and time of a Public Hearing to consider a plan for the District Clerk Archival Fund. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to conduct a public hearing on Friday, September 4, 2009 at 9:30 a.m. in the Brazos County Commissioners Courtroom, Count Administration Building, 200 South Texas Avenue, Bryan, Vol 1 ~ q Page ~-4 Commissioners Court meeting August 18, 2009 6 Texas. The Court next considered a request for an additional MasterCard. This card is to be issued to Benson Kilgore, Investigator for the Special Investigations Unit for travel expenses. Commissioner Mallard questioned the issuance of a credit card. The County Auditor pointed out that he was actually a city employee. Clyde Collins, Chief Deputy Sheriff explained the need. On motion by the County Judge, seconded by commissioner Cauley, the Court voted unanimously to authorize the additional MasterCard and that it be issued to Benson Kilgore. The Court next considered awarding Bid# 2009-44, Construction of Two Lane Bridges. Gary Fuqua and Jeremy Holland were present to speak. Fuqua Construction was the low bidder being $80,000.00 lower than the next lowest bid. He told the court that it was hard to accept being the lowest bid and not getting the project. He asked the county to consider awarding the contract to Fuqua Construction citing the company's experience with bridges they have built. Commissioner Peters asked about the engineering drawings that were not provided. Mr. Fuqua went on to explain the omission. Commissioner Peters went on to state that he would like to save the money but concerned that the County does not have Vol I Page ~ 5 Commissioners Court meeting August 18, 2009 7 stamped/certified drawings. Charles Wendt, Assistant Purchasing Agent, explained they did not meet bid specifications. Tina Snelling County Attorney-Civil Division stated the bids should be thrown out. It was a non responsive bid that did not meet requirements. Gary Arnold, Director of Planning and Traffic also voiced concern. Ms. Snelling said the Court had only two choices, one to go with the lowest bidder that did meet requirements or second to throw out both bids and start all over. She went on to suggest the Court table consideration at this time to allow her time to do research. Commissioner Cauley moved to table. Commissioner Peters seconded the motion. Commissioners Peters, Mallard, Cauley and the County Judge voted "Aye". Commissioner Wassermann voted "No". The motion to table carried. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right-of-way of Collette Lane approximately 1,000 feet from its intersection with Alexander Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. on motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and Vol I DO Page! Commissioners Court meeting August 18, 2009 8 authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Wellborn Special Utility District to construct 1,000 feet of 6 inch water line installations in the right-of-way of North Graham Road at its intersection with I&GN Road. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wellborn Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Straub Road in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Barbara Beal Knight for the expansion and improvements to Straub Road. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Straub Road in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to Vol I-j Page 97 Commissioners Court meeting August 18, 2009 9 accept on behalf of Brazos County a Special Warranty Deed from Daniel Colunga and wife Stephanie Colunga for the expansion and improvements to Straub Road. At 6:44 p.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss pending litigation as allowed under Section 551.071 of the Texas Government Code. Tina Snelling County Attorney-Civil Division, Irene Jett, Budget Officer, Debbie Lockledge, Administrative Assistant, Colin Coker, Juvenile Services, Doug Vance, Director of Juvenile Services, Eric Magee, and Brian Gaddy were asked to stay for the meeting. At 8:22 p.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concerns. 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 Page 89 The foregoing minutes of the Commissioners Court meeting held August 18, 2009 have been examined and are approved in open Court this the ,96.2h day of jpr7}~ h~- 2009, in Bryan, Brazos County, exa Randy Si Lloyd Wa sermann County udge Commissioner, Precinct 1 Duane Peters Kenny Mallar Commissioner, Precinct 2 Commissioner, Precinct 3 I a Caul Commissioner, Pre ' ct 4 Attest: Kar n McQueen County Clerk Vol 1 A ~ Page 8 1 I BRAZOS pCOUNTY COMMISSIONERS COURT Meeting on l 0 / J of St- 2009 @ Name Organization / Department ~ Cvits r ;oH Cm MA A l ~ ~ ~ s 1 ~tsso~ r`u`~s / 44 t ~ ~l • Voct J-~~ /n RUVLA Zuf C1771, e t PAGE of J L- BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 46.1 thru 46.6 On this the 18'h 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 18 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 18'h day of August 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Randy ms, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes VJLIdq P;.SE BRAZOS cOUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 46.1 811812009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1100 11002500 91250000 DR Transfer to Expo Expansion 300,635.00 1100 11002500 61130000 CR Contin enc - HOT Fund 300,635.00 4309 49031000 CR Transfer from HOT Fund 300,635.00 4309 63430900 80160000 DR Building - Expansion Ex Po 300,635.00 HOT Fund And Expo Expansion Fund To a for the ex ens- incurred for the Ex ansion of the Exposition Complex in the capital fund. Attached is a detail listin of the cried ex enditures to date. These funds are from the Coun ortion of the 2% tax collected on hotel occu anc . 3 Date ~ R M, P~repredBy, , if ~ ` ME t r:- s x8111/2009= 15 d ns g qe Countylud p`p a1r~~De ak, ~'~°r~~x N';1L'ioc ~~t BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 46.2 8/18/2009 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease 0100 36000100 51300000 CR Salary - Staff 25,000.00 0100 36000100 51610000 CR Hourly - Staff 3,000.00 0100 36000100 53100000 CR Social Security 2,300.00 0100 36000100 53200000 CR Retirement 3,500.00 0100 36000100 53300000 CR Employee Health Insurance 3,900.00 0100 36000100 53800000 CR Worker's Comp, 150.00 0100 36000100 60315000 CR Event Su lies/Services 6,000.00 1,800.00 0100 36000100 60440000 CR Janitorial Supplies 0100 36000100 60600000 CR Office Supplies 180.00 0100 36000100 61110000 CR Conference & Seminars 400.00 0100 36000100 61740000 CR Telephone 4 000.00 0100 36000100 61801000 CR Travel 4,000.00 0100 36000100 61880000 CR Utilities 22,000.00 0100 36000100 65050000 CR Building Maintenance 4,500.00 0100 36000100 65320000 CR Copier Maintenance 200.00 0100 36000100 65400000 CR Ground Maintenance 600.00 0100 36000100 67286000 CR Equipment - Other 2,100.00 0100 36000100 71030000 CR Employment Services 200.00 0100 36000100 71500000 CR Rental - Equipment 300.00 0100 36000100 71701000 CR Solid Waste - Haulin6,000.00 0100 91240000 DR Transfer to Debt Service 90 130.00 4100 49028000 CR Transfer from General Fund 90,130.00 4100 45020000 DR Interest - Administration 90,130.00 To transfer funds from the General Fund to Debt Service Fund per HOT Fund Committee. The Committee has decided that the funds of General Fund freed b the marketing reimbursements from HOT Fund should be transferfed to Debt Service Fund for the service of the bond issuance for Expo Expansion Project. Approval from HOT committee from Jul 1, 2009 to end of fiscal ear. ?Qgpartment?Ap'rov gn `Prepfaredrgy ~ , )ILI 4PAGE q3 ti1OL-12 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 46.3 8/1 812 0 0 9 FUND DV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1100 11002500 51200000 CR Salary - Department Head 37,850.00 1100 11002500 60080000 CR Clothin niforms 6,000.00 1100 11002500 60315000 CR Event Supplies/Services 17,000.00 1100 11002500 60600000 CR Office Supplies 5,000.00 1100 11002500 6062,0600 CR -Postage 5,000.00 1100 11002500 61010000 CR Advertising 10,000.00 1100 11002500 61730000 CR Telephone - Lon Distance 780.00 1100 11002500 61801000 CR Travel 8,500.00 1100 11002600 51300000 DR Salary - Staff 25,000.00 1100 11002600 51610D00 DR Hourly - Staff 3,000.00 1100 11002600 53100000 DR Social Security 2,300.00 1100 11002600 53200000 DR Retirement 3,500.00 1100 11002600 53300000 DR Employee Health Insurance 3,900.00 1100 11002600 53800000 DR Worker's Comp. 150.00 1100 11002600 60315000 DR Event Su lies/Services 6,000.00 1100 11002600 60440000 DR Janitorial Supplies 1,800.00 1100 J11002600 60600000 DR Office Su lies 180.00 1100 61110000 DR Conference & Seminars 400.00 1100 61740000 DR Tele hone 4,000.00 1100 61801000 DR Travel 4,000.00 1100 61880000 DR Utilities 22,000.00 1100 65050000 DR Buildin Maintenance 4,500.00 1100 65320000 DR Co ier Maintenance 200.00 1100 65400000 DR Ground Maintenance 600.00 1100 11002600 67286000 DR Equipment - Other 2,100.00 1100 11002600 71030000 DR Employment Services 200.00 1100 11002600 71500000 DR Rental- Equipment 300.00 1100 11002600 71701000 DR Solid Waste -Haulin6,000.00 HOT Fund: To set u a new division 11002600 to keep track of the marketing reimbursement to the Ex o Center of General Fund from Jul 1 at, 2009 to the end of the current fiscal ear. % jj~~ L~ p+~p~ "„yy~^^yy~~•T 1/ A'~i"y ~~'1 .F CTi 4•'T`X k 'q'u'a b "T~K+K tl3`Y^o4M1HtyPb~w. 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P OdMiN xa g d ONE 119"8/mg009j i" AH yr"" n MR County"Ju ee .PP%v?~s~ Dat ' a x BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 46.4 8/18/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000300 72157000 CR Counselin Services 7,900.00 0100 31000200 80281000 Equipment -Electronic 7,900.00 Juvenile Services - Academy & Juvenile Services Detention To reallocate funds to allow for the purchase of an electronic ke mana ement s stem. _ Degayrtment~{Y~riiyal ,~~Date'--r~~5 Pref?. edfBy t'W-1 t 312009 -OWN7101 W10 ;~Cgi~ntSiy:ludge?; PJ?ro, r `iDateiz VIOLJI'PAGE Q•s BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 46.5 811 812 0 0 9 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2000 21005000 61130000 CR Contingency -County Crk MGMT Fund 24,700.00 2000 21005000 72590000 DR Professional Fees - Other 24 700.00 Count Clerk - Records Management Fund To provide funding for Phase 1 of the book recreation as a roved b Commissioners Court. Fundin is bein rovided b the County Clerk Records M t Fund contingency xair WWI a x.a " x s Date}~° s YPrepared Date. sCountyaJu a 'pp val" ` ° "Date" j e l: `L BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 46.6 8/1812009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 65050000 CR Building Maintenance 576.00 0100 36500100 65400000 CR Ground Maintenance 119.00 0100 36500100 67050000 DR Appliances 695.00 Brazos Center To reallocate funds to rovide funding in the category of accounts as well as allowing for the urchase of a box freezer to store ice. MW I Lpepa ; me Agp:2: - ~ Dafe~p,~-- gPrepared?By ifj IDa e 8/13/21311 if a t"` q4'"5 e"~T'S~ rg?P'~ r +~"zRd n wa is , ~ lS6N J , k r iea' r':a 0'1 County ` dge A rovaY~ `Dated VOL 1/-PAGE 97 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 18, 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 Brazos Center Phillips, Brian Resignation Aymond, Zachary New Hire County Clerk - Elections Gallion, Seth Resignation County Judge Guazzo, Gabriela New Hire / District Attorney Hilburn, David Resignation Juvenile Services - Detention Rose, Lisa Resignation l Criddle, Steven New Hire Sheriffs Office Administration Taplin, Frances New Hire Special Investigations Unit Solis, Tamara Resignation SO/Jail Offer, Dewayne Resignation Chavez, Stephany New Hire Approved in Commissioners' Court: August 18, 2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VOL I a PAGE ~ S Ritoolution of 9be QConuniggionerg Court of bra;og QCountp, 9exag Vhereag; the Commissioners Court of Brazos County has determined that an additional courtroom and office space is necessary for the Associate Judge for Title N-D cases, the East Texas Cluster Court, and the State Office of Administrative Hearings to conduct hearings; and Wbereag, this court is authorized by Tex. Local Govt. Code §§292.001 and 292.004 to designate a leased facility as an auxiliary courthouse at any location within the City of Bryan, the County seat; and Wbereag, this County has entered into a lease for approximately 6,169 square feet of space located in the 29'h Street Medical Plaza at 3030 East 29 ° Street in Bryan, Texas; ~Be 31t TberefOre 3Regolbeb, that the Commissioners Court of Brazos County, Texas, designates the leased premises at 3030 East 291" Street, Suite 113, Bryan, Texas 77802 as an auxiliary courthouse. jBe It 9furtber A golbeb, that the auxiliary courthouse at 3030 East 29th Street, Suite 113, Bryan, Texas 77802, shall be named the "Brazos County Family Court Annex." %Ipprobeb in Regular Session of the Commissioners Court of Brazos County, Texas, on this 18`s day of August, 2009. RANDY S S County dge 1 LLOYD WASSERMANN DUANE PETERS Commissioner, Precinct 1 Commissioner, Precinct 2 KENNY MALLA IRMA CAULEY Commissioner, Precinct 3 Commissioner, Precinct 4 VOL Resolution 09-012 LEASE PRECINCT 1, JUSTICE OF THE PEACE This lease is made and executed in duplicate between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas 77803, as "Lessee". I. Description of Premises Lessor leases to Lessee a portion of that certain single story building, said portion to be rented shall be referred to in this lease as the demised premises, situated at 12845 FM 2154, Suite 180, in the City of College Station, County of Brazos, State of Texas, and is more particularly described on Exhibit "A" appurtenances in connection with the premises. The demised premises shall have assigned to it eight (8) permanent reserved spaces for Lessee. On days jury trials are scheduled, the Lessee shall be assigned an additional seventeen (17) temporary spaces for the length of the trial. Such spaces shall be designated with temporary signs on poles placed at the assigned temporary space. The location of the permanent and temporary spaces is set forth on Exhibit "B" attached hereto and made a part hereto for all purposes. The demised Premises shall be at least 2330 sq. ft. in size. The building is to be handicap accessible in accordance with ADA standards. II. Term The initial term of this lease shall be for a period of twelve (12) months commencing on October 1, 2009 and terminating on September 30, 2010 (the "Initial Term"). This lease may be renewed five (5) times after the expiration of the Initial Term for a one (1) year term, each renewal term to be effective October l of the year of renewal. Each renewal term shall be numbered with renewal option 1 commencing on October 1, 2011 and being numbered consecutively thereafter with renewal option 5 commencing on October 1, 2015 and termination on September 30, 2016. Lessee shall notify Lessor in writing of its intent to renew the lease 90 days prior to the then current lease term expiring. All renewal terms shall be on the same terms and conditions set forth herein. in. Rental Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Initial Term of this lease and all renewal terms, at such place as Lessor may from time to time designate, an amount equal to $.95 per sq. ft. of occupied space or $2,213.50. Said rent is payable in monthly installments on the first day of each month for the term of the lease. VOLLO 1 _QkcI IbD IV. Occupancy and Acceptance of Premises By entering into and occupying the demised premises, the Lessee shall be deemed to acknowledge that the demised premises are in good condition and repair and that the building has been constructed substantially in accordance with the approved plans and specifications therefore. The entering upon the demised premises by Lessee for the purpose of the installation of trade fixtures, furnishing, and equipment shall not be construed as an acceptance of the demised premises. V. Use of Premises Lessee shall use the demised premises for a Justice of the Peace Office and no part of the demised premises shall be used for any other purpose without Lessor's prior written consent. VI. Signs: Exterior Lighting and Fixtures Lessee shall have the exclusive right to erect and maintain upon the exterior and interior of the demised premises, at its own expense, all signs, subject to the City of College Station's sign ordinance, necessary or appropriate to the conduct of Lessee's business. VII. Alterations, Change, and Additions No structural changes, alterations, or additions shall be made by the Lessee to the demised premises without Lessor's prior written consent, and any such structural change, alteration, or addition to or upon the demised premises made with Lessor's prior written consent shall remain for the benefit of and become the property of the Lessor, unless otherwise provided in the written consent. VIII. Defects; Defective Condition; Wind; Acts of Third Persons Lessor shall be liable to Lessee for any damage or injury to Lessee or Lessee's property occasioned by any defect of plumbing, heating, air-cooling, air-conditioning equipment and ducts, electric wiring or insulation thereof, gas pipes, or steam pipes, or from the backing up of any sewer pipe, or from the bursting, leaking, or running of any tank, tub, washstand, water closet, or waste pipe, drain, or any other pipe or tank in, upon, or about the demised premises, or for any such damage or injury occasioned by water being upon or coming through the roof, walks, or any other place upon or near the demised premises unless Lessee neglects or fails to provide written or oral notice (in case of emergency) to Lessor. Mf)_~-PAGE In' IX. Casualty Damage; Repair; Abatement of Rent a) Use of partially damaged premises: In the event of a partial damaging or destruction of the demised premises, Lessee shall continue to utilize the premises for the operation of its business to the extent that it may be practicable to do so from the standpoint of good business. b) Right to terminate on destruction of one-third of premises: Either patty to the lease shall have the right to terminate this lease, if the building is damaged to an extent exceeding one-third of the then reconstruction of such building as a whole; provided that, in such an event, such termination of this lease shall be effected by written notice to that effect to the other party delivered within five (5) days of the happening of such casualty causing the damage. c) Repairs by Lessor: If the demised premises shall, either prior to the beginning of the lease term or during the lease term, be damaged or destroyed by fire or by any other cause whatsoever beyond Lessee's control, Lessor, except as otherwise provided below, shall immediately upon receipt of insurance proceeds paid in connection with such casualty damage, but in no event later than 10 days after such damage has occurred, proceed to repair or rebuild the same, including any additions or improvements made by Lessor or by Lessee with Lessor's consent, on the same plan and design as existed immediately before such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes, whether similar or dissimilar, beyond Lessor's control. Materials used in repair shall be as nearly like original materials as may then be reasonably procured in regular channels of supply. d) Reduction of rent during repairs: In the event Lessee continues to conduct Lessee's business during repairs, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the premises bears to the whole premises. No rental shall be payable while the building is wholly unoccupied pending repair of casualty damage. X. Repairs Generally a) By Lessor: The Lessor shall, at its own cost and expense, repair any damage to the demised premises occasioned by termites, dry rot, mold or fungus, and maintain the roof and exterior walls, air-conditioning equipment of the demised premises in good repair at all times, and will further keep and maintain all underground plumbing in good order and repair, but not including the repair of plumbing stopped up by reason of foreign matter introduced into the plumbing fixtures. Lessor shall have no obligation to make any of the 3 VOL Jc~_PGG: IC!_ repairs required in the Section unless and until there has been served upon Lessor by the Lessee at least three (3) days' notice in writing, advising the Lessor of the necessity of the repair or repairs. The phrase "exterior walls" as used here shall not be so construed as to require the Lessor to make repairs to the interior surfaces of the walls. b) By Lessee: Lessee shall, at its own cost and expense, keep and maintain all of the demised premises, including but not limited to exterior entry and exit doors, ornamental facing, plate glass, in or on the demised premises, in good order, condition, and repair, and in compliance with all applicable laws and regulations, during the entire term of this lease, except for those repairs required of the Lessor to be made and damage occasioned by fire, earthquake, or other cause or causes as provided for in Section IX of this lease. c) Emergent repairs: Notwithstanding the provisions of Section IX, in the event repairs which the Lessor is required to make under the lease become immediately necessary in order to avoid possible injury or damage to persons or property, the Lessee shall be entitled to make such repairs at a cost not to exceed $1,000.00 for the account of the Lessor without giving the required notice. XI. Utilities and Services Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, power, janitorial services, and other similar charges incurred by Lessee with respect to and during its occupancy of the demised premises. XII. Insurance a) Insurance companies: Lessor agrees that any and all policies of insurance to be kept and maintained in force by the respective parties to the lease shall be obtained from good and solvent insurance companies rated A VII or better by the then current Best's Key Rates Guide, and licensed to do business in the State of Texas. Lessee agrees to keep and maintain in force insurance as required by law for counties. b) Lessee to obtain liability insurance: Lessee agrees that it will, at its own expense, at all times during the term of this lease, maintain in force a policy or policies of insurance as required by law for counties. c) Lessor to obtain fire insurance on premises: Lessor agrees to maintain in force, at all times during the term of this lease, a policy or policies of fire ad casualty insurance to the extent of at least 100% of the insurable value of the demised premises. If permitted without additional charge, Lessor shall cause to be endorsed on its fire insurance, and any extended coverage policy or VOL_&_J AGEJ_3 policies, the waiver of right of subrogation. Lessor shall pass through to Lessee the increase in cost of such insurance policy over the premiums payable for the year 2003 pro-rated based upon the percentage of the building occupied by Lessee. Such incremental increase shall be payable upon 30 days written notice. Accompanied by proof of the increase in premium. d) Lessee's waiver of casualty insurance proceeds: In the event the demised premises shall be damaged or destroyed by fire or other casualty so insured against, Lessee agrees that it will claim no interest in any insurance settlement arising out of any such loss where premiums are paid by Lessor, or where Lessor is named as the sole beneficiary, and that it will sign any and all necessary and relevant documents required by Lessor or the insurance company or companies that may be necessary for use in connection with the settlement of any such loss to the extent allowed by law. XIII. Transfer or Pledge of Leasehold Interest Lessee shall not assign this lease or any interest in the lease, or sublet the demised premises or any part, without first obtaining Lessor's written consent. XIV. Surrender of Premises Lessee shall, at the termination of this lease, vacate the demised premises in as good condition as they are in at the time of entry on the premises by Lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish and debris. XV. Subordination Agreement Lessee is given the right to make payment of any defaults under any and all hest deeds or liens of record on the demised premises, and to receive reimbursement for such payment by deducting and crediting from and against rentals becoming due under this lease. XVI. Lessor's Right of Inspection and Repairs Lessor shall have access to the demised premises and each and every part during Lessee's regular business hours for the purpose of inspecting the same and making repairs to the demised premises. Lessor shall give Lessee three (3) days written notice of its intent to make repairs to the demised premises except in the event of an emergency. ~FUL ~d~ Pi;GE l~ XVII. Default by Lessee a) Lessor's right to repossess, operate, or relet: If the rental reserved by this lease or other charges to be paid under the lease by Lessee, or any part, are not paid when due and remain unpaid for a period of 15 days after notice in writing, or if Lessee fails to promptly perform any other covenant, condition, or agreement by it to be performed under the lease and lessee has not commenced a cure for such failure, or if Lessee abandons the demised premises, or if Lessee breaches any obligation under this lease to be performed by it which cannot be cured, then, and in any such event, Lessee shall be deemed to be in default and Lessor, upon 30 days written notice may at its option take possession of the demised premises. By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or in part, for the account of the Lessee at such rental and on such agreement and conditions, and to such tenant or tenants as the Lessor in good faith may deem proper, for a term not exceeding the unexpired period of the current lease term. Lessor acknowledges Lessor's obligation under law to mitigate damages to the Lessee by using reasonable efforts to relet the demised premises. Lessor shall receive all proceeds and rent accruing from such operation or reletting of the demised premises. Lessor shall apply these proceeds first, to the payment of all costs and expenses incurred by the Lessor in obtaining the possession of, and the operation or reletting of the premises, including reasonable attorneys' fees, commissions, and collection fees, and any alterations or repairs reasonably necessary to enable the Lessor to operate or relet the premises; and, second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The remaining balance, if any, given by the Lessor to the Lessee, shall be paid over to the Lessee at the expiration of the then current lease term of this lease or on the sooner termination by written notice of termination. b) Repossession or reletting_not a termination: Lessor's right to terminate not forfeited: No repossession, operation, or reletting of the premises shall be construed as an election by the Lessor to terminate this lease until a written notice of such intention is given by the Lessor to the Lessee. Notwithstanding any such operation or reletting without termination of this lease, the Lessor may at any time thereafter elect to terminate this lease in the event that the Lessee remains in default under the lease. c) Lessor's right to terminate lease: In the event of Lessee's default as stated in Subsection XIXa, Lessor may, at its option, without further notice, terminate this lease and any and all interest of Lessee and may then take possession of the demised premises by legal proceedings, VOL 1 a`t PAGE 105 d) Lessor's remedies cumulative: Each and all of the remedies given to the Lessor in the lease or by law are cumulative and the exercise of one right and remedy by the Lessor shall not impair its right to exercise any other right or remedy. XVHL Default by Lessor The following shall be deemed events of default by the Lessor under this lease: a) Lessor shall fail to construct the demised premises (for a reason not the fault, in whole or in part, of Lessee). b) Lessor shall fail to perform its obligation and responsibilities to be performed under the Lease. XIX. Remedies of Lessee Upon an event of default as deemed in Article XVIII above, Lessee shall have the right to terminate the Lease and shall be entitled to recover direct to sue for direct and consequential damages from the Lessor. Should the default be a default as described in Article XVIIIa., consequential damages shall be limited to expense incurred by Lessee if it cannot continue at its present location on a month to month lease. If required by its present landlord to sign a year's lease, Lessor herein will permit Lessee to move into the demised premises when completed and shall pay Lessee's monthly rent at its current location. XX. Expenses of Enforcement Should either party incur any expense in enforcing any covenants of this lease, each party shall bear its own costs unless otherwise ordered by a court of competent jurisdiction. XXI. Eminent Domain In the event any portion of the demised premises shall be taken for a public or quasi-public use, this lease shall terminate as of the date of the actual physical taking, at Lessee's option, and the parties shall then be released from any and all further liability under the lease. In the event Lessee chooses to continue the lease, the Lessor shall, with reasonable diligence, proceed at its own expense to reconstruct or repair the demised 7 uGl iaJ_PAGI I Ne premises and place the same in a tenantable condition within 30 days after the date of the actual physical taking. Abatement of rent: During any reconstruction or repairing as provided above, Lessee shall be required to pay only that proportion of the fixed minimum monthly rental reserved in the lease as the area of the demised premises remaining in a tenantable condition during such reconstruction or repairing bears to the entire area leased by this agreement. Upon completion of such reconstruction or repairing, the fixed minimum monthly rental reserved in the lease shall be premises, and thereafter Lessee shall be required to pay such adjusted fixed minimum monthly rental in accordance with the provisions of this lease. There shall be no abatement of any rental due until such time as there shall be an actual physical possession of the portion of the demised premises taken. Right to condemnation award: Any award made in any condemnation proceeding for the taking of any part or the whole of the demised premises shall be the sole property of and be paid to Lessor. XXII. Peaceful Enjoyment Lessor covenants and warrants that, subject to any trust deeds or mortgages now of record or in the future place of record, it is the owner of the demised premises, and that Lessee, upon payment of rents provided for in the lease' and performance of the conditions, covenants, promises, and agreements to be performed by it, shall and may peaceably possess and enjoy the demised premises during the lease term without any interruption or disturbance. XXHL Effect of Waiver of Breach of Covenants No waiver of any breach or breaches of any provision, covenant, or condition of this lease shall be construed to be a waiver of any preceding or succeeding breach of such provision, covenant, or condition or of any other provision, covenant, or condition. XXIV. Time of the Essence Time is of the essence of each and every provision, covenant, and condition contained in this lease and on the part of the Lessee or Lessor to be done and performed. XXV. Headings for Convenience Only VOL'Ia PAGE I o-7 The headings used in this lease are for convenience and shall not be resorted to for purposes of interpretation or construction of this lease. XXVI. Venue This contract was entered into and is wholly performable in Brazos County, Texas. XXVII. Amendments to be in Writing This lease may be modified or amended only by a writing duly authorized and executed by both Lessor and Lessee. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both Lessor and Lessee. XXVHI. Parties Bound Each and every provision of this lease shall bind and shall inure to the benefit of the parties to the lease and their successors and assigns. XXIX. Holding Over No holding over and continuation of any business by the Lessee after the expiration of the lease term shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect is signed by the Lessor defining the length of such additional term. XXX. Notices All notices of demands of any kind which Lessor may be required or may desire to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a copy by registered or certified mail, postage prepaid, addressed to Lessee at the address stated herein or addresses as may from time to time be designated by Lessee in writing to Lessor, Service shalt be deemed complete within three (3) days after mailing of same. Any and all notices or demands fibm Lessee to Lessor may be similarly served upon Lessor at the address stated herein, or at such other address as Lessor may in writing designate to Lessee. Lessor; Southwood West, A General Partnership 4101 Texas Avenue, Suite B 9 V 0 l_1 -)q PMG~_~ Q~ Bryan, Texas 77802 979-846-4500 Office 979-846-9378 Fax mcdowell@txcyber.com Lessee: Brazos County Randy Sims, County Judge 200 S. Tex Ave., Ste. 332 Bryan, TX 77803 rsims@co.brazos.tx.us Dated this'- day of 2009. ATTEST: LESSOR: SOUTHWOOD WEST, A Texas General Partnership By: GAS Karen McQueen c YJffery L. McDowell County Clerk Title: ro, in~e_ LESSEE: BRAZOS COUNTY, TEXAS By Ran Sims C ty Judge 10 VOL 04 PAGE /0 9 b LEASE PRECINCT 1, CONSTABLE'S OFFICE This lease is made and executed in duplicate between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas 77803, as "Lessee". 1. Description of Premises Lessor leases to Lessee a portion of that certain single story building, said portion to be rented shall be referred to in this lease as the demised premises, situated at 12845 FM 2154, Suite 140, in the City of College Station, County of Brazos, State of Texas, and is more particularly described on Exhibit "A" appurtenances in connection with the premises. The demised premises shall have assigned Space #140. The demised Premises shall be at least 1625 sq. ft. in size. The building is to be handicap accessible in accordance with ADA standards. II. Term The initial term of this lease shall be for a period of twelve (12) months commencing on October 1, 2009 and terminating on September 30, 2010 (the "Initial Term"). This lease may be renewed five (5) times after the expiration of the Initial Term for a one (1) year term, each renewal term to be effective October I of the year of renewal. Each renewal term shall be numbered with renewal option 1 commencing on October 1, 2011 and being numbered consecutively thereafter with renewal option 5 commencing on October 1, 2015 and termination on September 30, 2016. Lessee shall notify Lessor in writing of its intent to renew the lease 90 days prior to the then current lease term expiring. All renewal terms shall be on the same terms and conditions set forth herein, III. Rental Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Initial Term of this lease and all renewal terms, at such place as Lessor may from time to time designate an amount equal to $1.015 per sq. ft, of occupied space or $1,650.00. Said rent is payable in monthly installments on the first day of each month for the term of the lease. IV. Occupancy and Acceptance of Premises By entering into and occupying the demised premises, the Lessee shall be deemed to acknowledge that the demised premises are in good condition and repair and that the UJL_44 PAGK /I0 building has been constructed substantially in accordance with the approved plans and specifications therefore. The entering upon the demised premises by Lessee for the purpose of the installation of trade fixtures, furnishing, and equipment shall not be construed as an acceptance of the demised premises. V. Use of Premises Lessee shall use the demised premises for a Constable's Office and no pail of the demised premises shall be used for any other purpose without Lessor's prior written consent. VI. Signs: Exterior Lighting and Fixtures Lessee shall have the exclusive right to erect and maintain upon the exterior and interior of the demised premises, at its own expense, all signs, subject to the City of College Station's sign ordinance, necessary or appropriate to the conduct of Lessee's business. VII. Alterations, Change, and Additions No structural changes, alterations, or additions shall be made by the Lessee to the demised premises without Lessor's prior written consent, and any such structural change, alteration, or addition to or upon the demised premises made with Lessor's prior written consent shall remain for the benefit of and become the property of the Lessor, unless otherwise provided in the written consent. VIII. Defects; Defective Condition; Wind; Acts of Third Persons Lessor shall be liable to Lessee for any damage or injury to Lessee or Lessee's property occasioned by any defect of plumbing, heating, air-cooling, air-conditioning equipment and ducts, electric wiring or insulation thereof, gas pipes, or steam pipes, or from the backing up of any sewer pipe, or from the bursting, leaking, or running of any tank, tub, washstand, water closet, or waste pipe, drain, or any other pipe or tank in, upon, or about the demised premises, or for any such damage or injury occasioned by water being upon or coming through the roof, walks, or any other place upon or near the demised premises unless Lessee neglects or fails to provide written or oral notice (in case of emergency) to Lessor. IX. Casualty Damage; Repair; Abatement of Rent a) Use of partially damaged premises: In the event of a partial damaging or destruction of the demised premises, Lessee shall continue to utilize the V0L_J)J PAGE-11L premises for the operation of its business to the extent that it may be practicable to do so from the standpoint of good business. b) Right to terminate on destruction of one-third of premises: Either party to the lease shall have the right to terminate this lease, if the building is damaged to an extent exceeding one-third of the then reconstruction of such building as a whole; provided that, in such an event, such termination of this lease shall be effected by written notice to that effect to the other party delivered within five (5) days of the happening of such casualty causing the damage. c) Repairs by Lessor: If the demised premises shall, either prior to the beginning of the lease term or during the lease term, be damaged or destroyed by fire or by any other cause whatsoever beyond Lessee's control, Lessor, except as otherwise provided below, shall immediately upon receipt of insurance proceeds paid in connection with such casualty damage, but in no event later than 10 days after such damage has occurred, proceed to repair or rebuild the same, including any additions or improvements made by Lessor or by Lessee with Lessor's consent, on the same plan and design as existed immediately before such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes, whether similar or dissimilar, beyond Lessor's control. Materials used in repair shall be as nearly like original materials as may then be reasonably procured in regular channels of supply. d) Reduction of rent during pairs: In the event Lessee continues to conduct Lessee's business during repairs, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the premises bears to the whole premises. No rental shall be payable while the building is wholly unoccupied pending repair of casualty damage. X. Repairs Generally a) By Lessor: The Lessor shall, at its own cost and expense, repair any damage to the demised premises occasioned by termites, dry rot, mold or fungus, and maintain the roof and exterior walls, air-conditioning equipment of the demised premises in good repair at all times, and will further keep and maintain all underground plumbing in good order and repair, but not including the repair of plumbing stopped up by reason of foreign matter introduced into the plumbing fixtures. Lessor shall have no obligation to make any of the repairs required in the Section unless and until there has been served upon Lessor by the Lessee at least three (3) days' notice in writing, advising the Lessor of the necessity of the repair or repairs. The phrase "exterior walls" as used here shall not be so construed as to require the Lessor to make repairs to the interior surfaces of the walls. 3 VuLJi P::ur_~ ~a b) By Lessee: Lessee shall, at its own cost and expense, keep and maintain all of the demised premises, including but not limited to exterior entry and exit doors, ornamental facing, plate glass, in or on the demised premises, in good order, condition, and repair, and in compliance with all applicable laws and regulations, during the entire term of this lease, except for those repairs required of the Lessor to be made and damage occasioned by fire, earthquake, or other cause or causes as provided for in Section IX of this lease. c) Emergogy rMairs: Notwithstanding the provisions of Section IX, in the event repairs which the Lessor is required to make under the lease become immediately necessary in order to avoid possible injury or damage to persons or property, the Lessee shall be entitled to make such repairs at a cost not to exceed $1,000.00 for the account of the Lessor without giving the required notice. XI. Utilities and Services Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, power, janitorial services, and other similar charges incurred by Lessee with respect to and during its occupancy of the demised premises. XIL Insurance a) Insurance companies: Lessor agrees that any and all policies of insurance to be kept and maintained in force shall be obtained from good and solvent insurance companies rated A VII or better by the then current Best's Key Rates Guide, and licensed to do business in the State of Texas. Lessee agrees to keep and maintain in force insurance as required by law for counties. b) Lessee to obtain liability insurance: Lessee agrees that it will, at its own expense, at all times during the term of this lease, maintain in force a policy or policies of insurance as required by law for counties. c) Lessor to obtain fire insurance on premises: Lessor agrees to maintain in force, at all times during the term of this lease, a policy or policies of fire ad casualty insurance to the extent of at least 100% of the insurable value of the demised premises. If permitted without additional charge, Lessor shall cause to be endorsed on its fire insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Lessor shall -pass through to Lessee the increase in cost of such insurance policy over the premiums payable for the year 2003 pro-rated based upon the percentage of the building occupied by Lessee. Such incremental increase shall be payable upon 30 days written notice. Accompanied by proof of the increase in premium. VOL_1a ~"PAGE J)3 d) Lessee's waiver of casualty insurance proceeds: In the event the demised premises shall be damaged or destroyed by fire or other casualty so insured against, Lessee agrees that it will claim no interest in any insurance settlement arising out of any such loss where premiums are paid by Lessor, or where Lessor is named as the sole beneficiary, and that it will sign any and all necessary and relevant documents required by Lessor or the insurance company or companies that may be necessary for use in connection with the settlement of any such loss to the extent allowed by law. . XIIL Transfer or Pledge of Leasehold Interest Lessee shall not assign this lease or any interest in the lease, or sublet the demised premises or any part, without first obtaining Lessor's written consent. XIV. Surrender of Premises Lessee shall, at the termination of this lease, vacate the demised premises in as good condition as they are in at the time of entry on the premises by Lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish and debris. XV. Subordination Agreement Lessee is given the right to make payment of any defaults under any and all trust deeds or liens of record on the demised premises, and to receive reimbursement for such payment by deducting and crediting from and against rentals becoming due under this lease. XVI. Lessor's Right of Inspection and Repairs Lessor shall have access to the demised premises and each and every part during Lessee's regular business hours for the purpose of inspecting the same and making repairs to the demised premises. Lessor shall give Lessee three (3) days written notice of its intent to make repairs to the demised premises except in the event of an emergency. ~~OL IoL! AUK XVIL Default by Lessee a) Lessor's right to repossess operate or relet: If the rental reserved by this lease or other charges to be paid under the lease by Lessee, or any part, are not paid when due and remain unpaid for a period of 15 days after notice in writing, or if Lessee fails to promptly perform any other covenant, condition, or agreement by it to be performed under the lease and lessee has not commenced a cure for such failure, or if Lessee abandons the demised premises, or if Lessee breaches any obligation under this lease to be performed by it which cannot be cured, then, and in any such event, Lessee shall be deemed to be in default and Lessor, upon 30 days written notice may at its option take possession of the demised premises. By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or in part, for the account of the Lessee at such rental and on such agreement and conditions, and to such tenant or tenants as the Lessor in good faith may deem proper, for a term not exceeding the unexpired period of the current lease term. Lessor acknowledges Lessr's obligation under law to mitigate damages to the Lessee by using reasonable efforts to relet the demised premises. Lessor shall receive all proceeds and rent accruing from such operation or reletting of the demised premises. Lessor shall apply these proceeds first, to the payment of all costs and expenses incurred by the Lessor in obtaining the possession of, and the operation or reletting of the premises, including reasonable attorneys' fees, commissions, and collection fees, and any alterations or repairs reasonably necessary to enable the Lessor to operate or relet the premises; and, second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The remaining balance, if any, given by the Lessor to the Lessee, shall be paid over to the Lessee at, the expiration of the then current lease term of this lease or on the sooner termination by written notice of termination. b) Repossession or reletting not a termination: Lessor's right to terminate not forfeited: No repossession, operation, or reletting of the premises shall be construed as an election by the Lessor to terminate this lease until a written notice of such intention is given by the Lessor to the Lessee. Notwithstanding any such operation or reletting without termination of this lease, the Lessor may at any time thereafter elect to terminate this lease in the event that the Lessee remains in default under the lease. c) Lessor's right to terminate lease: In the event of Lessee's default as stated in Subsection XIXa, Lessor may, at its option, without further VOL ~a Q~ cC -1 notice, terminate this lease and any and all interest of Lessee and may then take possession of the demised premises by legal proceedings. d) Lessor's remedies cumulative: Each and all of the remedies given to the Lessor in the lease or by law are cumulative and the exercise of one right and remedy by the Lessor shall not impair its right to exercise any other right or remedy. XVIII. Default by Lessor The following shall be deemed events of default by the Lessor under this lease: a) Lessor shall fail to construct the demised premises (for a reason not the fault, in whole or in part, of Lessee). b) Lessor shall fail to perform its obligation and responsibilities to be performed under the Lease. XIX. Remedies of Lessee Upon an event of default as defined in Article XVIII above, Lessee shall have the right to terminate the Lease and shall be entitled to sue for direct to recover direct and consequential damages from the Lessor. Should the default be a default as described in Article XVIIIa., consequential damages shall be limited to expense incurred by Lessee if it cannot continue at its present location on a month to month lease. If required by its present landlord to sign a year's lease, Lessor herein will permit Lessee to move into the demised premises when completed and shall pay Lessee's monthly rent at its current location. XX. Expenses of Enforcement Should either party incur any expense in enforcing any covenants of this lease, each party shall bear its own costs unless otherwise ordered by a court of competent jurisdiction. XXI. Eminent Domain In the event any portion of the demised premises shall be taken for a public or .quasi-public use, this lease shall terminate as of the date of the actual physical taking, at Lessee's option, and the parties shall then be released from any and all further liability under the lease. V'oL►N P;,Gl NO In the event Lessee chooses to continue the lease, the Lessor shall, with reasonable diligence, proceed at its own expense to reconstruct or repair the demised premises and place the same in a tenantable condition within 30 days after the date of the actual physical taking. Abatement of rent: During any reconstruction or repairing as provided above, Lessee shall be required to pay only that proportion of the fixed minimum monthly rental reserved in the lease as the area of the demised premises remaining in a tenantable condition during such reconstruction or repairing bears to the entire area leased by this agreement. Upon completion of suchreconstruction or repairing, the fixed minimum monthly rental reserved in the lease shall be premises, and thereafter Lessee shall be required to pay such adjusted fixed minimum monthly rental in accordance with the provisions of this lease. There shall be no abatement of any rental due until such time as there shall be an actual physical possession of the portion of the demised premises taken. Right to condemnation award: Any award made in any condemnation proceeding for the taking of any part or the whole of the demised premises shall be the sole property of and be paid to Lessor. XXII. Peaceful Enjoyment Lessor covenants and warrants that, subject to any trust deeds or mortgages now of record or in the future place of record, it is the owner of the demised premises, and that Lessee, upon payment of rents provided for in the lease and performance of the conditions, covenants, promises, and agreements to be performed by it, shall and may peaceably possess and enjoy the demised premises during the lease term without any interruption or disturbance. XXIII. Effect of Waiver of Breach of Covenants No waiver of any breach or breaches of any provision, covenant, or condition of this lease shall be construed to be a waiver of any preceding or succeeding breach of such provision, covenant, or condition or of any other provision, covenant, or condition. XXIV. Time of the Essence Time is of the essence of each and every provision, covenant, and condition contained in this lease and on the part of the Lessee or Lessor to be done and performed. V3L la ~>,s._1J_7 XXV. Headings for Convenience Only The headings used in this lease are for convenience and shall not be resorted to for proposes of interpretation or construction of this lease. XXVI. Venue This contract was entered into and is wholly performable in Brazos County, Texas. XXVII. Amendments to be in Writing This lease may be modified or amended only by a writing duly authorized and executed by both Lessor and Lessee. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both Lessor and Lessee. XXVIII. Parties Bound Each and every provision of this lease shall bind and shall inure to the benefit of the parties to the lease and their successors and assigns. XXIX. Holding Over No holding over and continuation of any business by the Lessee after the expiration of the lease term shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect is signed by the Lessor defining the length of such additional term. XXX. Notices All notices of demands of any kind which Lessor may be required or may desire to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a copy by registered or certified mail, postage prepaid, addressed to Lessee at the address stated herein or addresses as may from time to time be designated by Lessee in writing to Lessor. Service shall be deemed complete within three (3) days after mailing of same. Any and all notices or demands from Lessee to Lessor may be similarly served upon Lessor at the address stated herein, or at such other address as Lessor may in writing designate to Lessee. Lessor: Southwood West, A General Partnership 4101 Texas Avenue, Suite B Bryan, Texas 77802 979-846-4500 Office 979-846-9378 Fax mcdowel I(,txcyber.com Lessee: Brazos County Randy Sims, County Judge 200 S. Tex Ave., Ste. 332 Bryan, TX 77803 rsims@co.brazos.tx.us Dated this day of 2009. ATTEST: LESSOR: SOUTHWOOD WEST, A Texas General Partnership Vj B B ' Karen McQueen Jeffery L. McDowell County Clerk Title:mNak,,st, I~ ~Sm LESSEE: BRAZOS COUNTY, TEXAS By: Rand ims C ty Judge 10 r 11~ BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridee NUMBER 56001000 DATE OF COURT MEETING: August 18, 2009 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Collette Lane approximately 1000 ft from its intersection with Alexander Road. Site is located in precinct 2. 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: SUBMI ED BY: AP ED Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 . CC2009-046 This Request is Approved V //Denied ❑ by Commissioners' Court Date: Randy County Judge uo~l!_r~~': 1~2? S y H Jp) ~ C~ LU 0 N V WN r D 13 Mo I d {,z P N 'h v a I i a ~~N$~ Cy ! 3 I 1 I~ 1 r 1 J¢ I ~ I) 1 ' 1 I i I 1` 1 11 In k~ ` ' 1 I f a III Q~ 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) wickson Creek Special Utility District proposes to place a Opel waterline within- across x the right-of-way of (road) 5175 CULLS TUE in Brazos County, Texas as follows: 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 instailation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 1 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 llday of AUGUST , 20 09 I l Firm: wic on Creek 8 ecial Utility District By: ` ✓ rr Title: General Manager ` Address: B. 0. Box 4756 Bryan, Texas P7805 Phone: 979-589-3030 APPROVED BY COMMISSIONERS' COURT ON: Date Randy Si , County Judge JAQ R ~a~ PAGE BRAZOS COUNTY i COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridt=_e NUMBER 56001000 DATE OF COURT MEETING: August 18, 2009 ITEM: Request from Wellborn Special Utility District to construct 1,000 ft. of 6-inch water line installations in the right of way of North Graham Road at its intersection with I&GN Road. 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: SUBMITT D BY: APPROVED BY: wkzle Gt1~4eo _ Richard F. Vance, P.E. Commis oner Lloyd Wassermann County Engineer Precinct 1 CC2009-047 This Request is Approved //Denied 0 by Commissioners' Court Id F~j~q,<7 Date: Randy S' s, County Judge VOL ~ qtr.. • } i • NMa~JC y ` 96 .r . l .o~ i ti •o y. 00 Ick" i ` poi •.r~" .1` '"~,y7 OUSO L • '9 10 4~ fit,, ♦9E VOLjc)t REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 7I7~8103 /I \ Formal notice is hereby given that (applicant) 4.0 vA -qp Pia 175[yi proposes to plp ce a (type)1000' (c ' within X across the right-of-way! of (road) N (ixi Ld Nu n Brazos County, Texas as follows: 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 `1 day of 200 n }h,r r klellbszm ~~D Fir l~~ By Title: C.vis.vc ' n 2~ Address: I.~ 43a oc,7CJ Phone: ~~CI (0~1O- ~17~15 APPROVED BY COMMISSIONERS' COURT ON: 4Siunty Judge V61. Flow ioa