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HomeMy WebLinkAbout2003-09-02-9:00AM-REGULAR ~ Cy P Op BRAZOS COUNTY ? Q P c • BRYAN, TEXA6 NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 2 SEPTEMBER 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance= Commissioner Jones 2. Call for citizen's input and/or concerns Consider and take action on agenda items 3-24 ' 3. Budget Amendment 02/03-41.1 thru 02/03-41.4 4. Payment of Claims 5. Personnel Change of Status 6. Order No. 2003-002 Prohibiting Outdoor Burning in Brazos County (previously tabled). 7. Request from the Sheriff's Office to Expend funds from Block Grant 2001-LB-BX-2756 for the purchase of 18 modems at $2;526-98 each. .Q1 S6-7.4,7 8. Block Grant Requisition for the purchase of modems for Sheriff's Office vehicles. 9. Contracts for Residential Services with the following agencies for alleged or adjudicated juvenile offenders: a. Gulf Coast Trades Center b. Still Creek Ranch c. Lutheran Social Services 10. Memorandum of Understanding between the Brazos County Juvenile Board and San Antonio Positive Solutions, Inc. (Positive Solutions Charter School) for the 2003-2004 School Year. VOL 47 PAGE L3 Commis¢ionen Conn Agenda 2 September 2003, Page 2 11. Amendments to the Group Medical Insurance benefits: a. Change the definition of an Eligible Employee (requirement for insurance coverage). b. Set a maximum dollar amount per employee for coverage related to obesity, OR exclude coverage related to obesity. c. Set a maximum per calendar year dollar amount for Chiropractic Care, and restate the definition of Chiropractic Care. 12. Amend the responsibility of the Insurance and Benefits Committee. 13. Amendment to Hospital Service Agreement with Brazos County and College Station, Hospital, LP d/b/a College Station Medical Center and Brazos Valley of Texas LP d/b/a the Surgical Center; Attachment A Reimbursement. 14. Award bid #2003-043 for Sheriffs Office uniforms. 15. Award bid #2003-040 for Jail Commissary vendors. 16. Request for permission to declare Surplus Property as "Salvage." 17. Request for permission to enter Arnold LeUnes' property located off South Oaks Drive for the purpose of disposing of dead livestock ($180.00 fee) for the health, safety and welfare of the general public. Site is located in Precinct 1. 18. Request from'Verizon to construct buried communications cable installation in the right of way of Arrington Road beginning 550 ft. south of Windom Ranch Road extending for a distance of approximately 2,761 ft. Site is located in Precinct 1. 19. Request from Verizon to construct approximately 3,228 ft. of buried communications cable installation in the right of way, rather than the 16 ft. public utility easement, of Timberwilde Drive between Elmo Weedon Road and Falcon Crest Drive. Site is located in Precinct 2. 20. Request from Verizon to construct a road bore and approximately 2,812 ft. of buried cable installation in the right of way of Mancuso Road. Site is located in Precinct 2. 21. Request from Wickson Creek Special Utility District to construct two (2) road bores for water line installations in the right of way of Ranchero Road. Sites are located in Precinct 3. 22. Deed without warranty from Tim Crowley to Brazos County to convey a portion of land within the right of way of Arrington Road for roadway improvements. Site is located in Precinct 1. 23. Approval of the County Treasurer's report for the month of July 2003. 24. Presentation and approval of Commissioners Court minutes for the following dates: a. June 3, 2003 b. June 17, 2003 c. June 24, 2003 VOL 47 PACE 3'f • CammI5Slaaers Court Ageada 2 September 2003 Page 3 25. Announcement of interest items and possible future agenda topics. 26. Agency / Board / Committee reports by Court members. 27. Call for citizen input and/or concerns. 28. Convene into Executive Session pursuant to §551.072 of the Texas Government Code to discuss the acquisition of real property. 29. Consider and take action on the Executive Session. 30. Adjourn. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL._,ZPAGE 35 COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 2, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, September 2, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Jones gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns The Court next considered Budget Amendment #02/03-41.1 through 41.4, which would increase revenue and expenditures for the Dispute Resolution Fund, reallocate funds for the Sheriff's Department; transfer funds from Contingency to Constable, Precinct 2 and from Court Support Costs to the District Clerk. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to approve the VOL to PAGE A) Commissioners Court meeting April 1, 2003 2 budget amendment as submitted, a copy of which is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20045395 through 20045599 On motion by Commissioner Jones, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The next matter for consideration by the Court was adopting an Order banning outdoor burning. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to table consideration of an outdoor burning ban. The Court next considered a request from the Sheriff's Department to expend funds from Block Grant 2001-LB-BX2756 for the purchase of 18 modems. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request from the Sheriff's Department. The total cost will be $46,218.13. The Court next considered approval of the Block Grant VOL 4-7 PAGE Commissioners' Court meeting September 2, 2003 3 Requisition for the purchase of modems for the Sheriff's Department vehicles. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition in the amount of $46,218.13 for said purchase. The Court next considered approval of contracts for residential services with the following agencies for alleged or adjudicated juvenile offenders in licensed childcare facilities: A. Gulf Coast Trades Center Charges - Level III $81.88 per day per juvenile Level IV $91.22 per day per juvenile B. Still Creek Ranch Charges - Level III $81.88 per day per juvenile C. Lutheran Social Services Charges - Level V $121.55 per day per juvenile Level VI $206.60 per day per juvenile on motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the previously noted contracts and authorize the County Judge to execute them on behalf of Brazos County. A copy of each is attached. The Court next considered approval of a Memorandum of Understanding (MOU) between the Brazos County Juvenile Board and San Antonio Positive Solutions, Inc. (Positive Solutions Charter School) for the 2003-2004 School Year. The purpose of the MOU is to provide educations services to the Brazos County Academy(BCA)Program. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the VOLE PAGE 39 Commissioners' Court meeting September 2, 2003 4 Memorandum of Understanding between the Brazos County Juvenile Board and San Antonio Positive Solutions, Inc. A copy is attached. The next matter before the Court was approval of amendments to the Group Medical Insurance benefits. The following amendments are proposed: a. Change the definition of an Eligible Employee (requirement for insurance coverage). Commissioner Jones moved to change the definition from 32 hours per week to 40 hours per week. Commissioner Mallard seconded the motion. After some discussion Commissioners Jones and Mallard withdrew their motion and second. Then on motion by Commissioner Jones, seconded by Commissioner Mallard, the Court voted unanimously to define an Eligible Employee as a full time employee and those currently working 32 hours per week and receiving coverage will.continue to be covered until the position is vacated. b. Set a maximum dollar amount per employee for coverage related to obesity, OR exclude coverage related to obesity. The County Judge moved to remove all obesity coverage effective today. Commissioner Mallard seconded the motion. Demetrios Basdekas asked the Court if they had looked into this. He said it may be a false benefit to eliminate coverage related to obesity because it is preventative. Commissioner Jones said that most agencies do not cover this because of the difficulty in determining if something is or is not related to obesity. Commissioner Cauley asked if the Court had looked into the statistics or were we doing this just because no one else was doing it. He stated that the employee is getting less while co-pays are going up. Paying more for less. Commissioner Peters stated that this problem is everywhere. Commissioners Jones, Peters, VOL ~f7 PAGE 09 Commissioners' Cowl meeting September 2, 2003 5 Mallard and the County Judge voted "Aye". Commissioner Cauley abstained. The motion carried to remove all obesity related coverage as of this date. C. Set a maximum per calendar year dollar amount for Chiropractic Care, and restate the definition of Chiropractic Care. Demetrios Basdekas asked how many dollars will be shifted on the employees. He also asked if the County would continue to cover diabetes, stroke etc. that are related to obesity. On motion by Commissioner Jones, seconded by the County Judge, the Court voted unanimously to set a maximum of $1,000 per calendar year and to define Chiropractic Care as Skeletal adjustments, manipulation or other treatment in connection with the detection and correction by manual or mechanical means of structural imbalance or subluxation in the human body. Such treatment is done by a Physician to remove nerve interference resulting from, or related to, distortion, misalignment or subluxation of, or in, the vertebral column. The next matter before the Court was to amend the responsibility of the Insurance and benefits Committee. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to remove the responsibility of making medical recommendations and will now require the employee to correspond directly with the 3rd party administrator. The Court next considered approving an Amendment to Hospital Service Agreement with Brazos County and College Station, Hospital, LP d/b/a College Station Medical Center and Brazos Valley of Texas LP d/b/a the Surgical Center; attachment VOL ~7 PAGE 4o Commissioners' Court meeting September 2, 2003 6 "A" Reimbursement. Amend Attachment A, Reimbursement is as follows: All Inpatient Serv.-61.00% discount from Billed Charges All Out Patient Serv.-57.00% discount from Billed Charges On motion by the County Judge, seconded by Commissioner Jones, the Court voted unanimously to approve the Amendment. A copy is attached. The Court next considered awarding bid No. 2003-043, Uniforms for the Sheriff's Department. Pat Howard, Purchasing Agent, recommended acceptance of the bid submitted by Skaggs Uniforms. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Skaggs Uniforms. A copy of the bid tabulation is attached. The Court next considered awarding bid No. 2003-040, Jail Commissary. Pat Howard, Purchasing Agent, recommended acceptance of the following bids: 1. 1-12;19;21;23-30 to Keefe Services/ 13-18;20;22 to Brazos Wholesale II. 0; 7; 12 to Bob Barker/4;6;8-9; 11 to ICS/1- 3;5;10;13 to Keefe III. 3; 10 to Bob Barker/7 to Brazos Wholesale/ 1;6;9 to ICS/4-5 to Keefe/ reject 2 (Paper mate pens) IV. 1-4 Keefe V. Tennis shoes to Bob Barker VOL 47 PAGE 1 Commissioners' Court meeting September 2, 2003 7 On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendations of the Purchasing Agent and award the contract as noted. A copy of the bid tabulation is attached. The next matter before the Court was the declaration of property as salvage. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to declare the attached list of property as salvage and authorized the Purchasing Agent to either destroy it or declare it worthless. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Arnold LeUnes on South Oaks Drive in Precinct 1 to dispose of dead livestock. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to authorize the work. The Court next considered the request from Verizon to construct buried communications cable installation in the right- of-way of Arrington Road beginning 550 feet south of Windom Ranch Road extending for a distance of approximately 2,761 feet. The site is located in Precinct 1. The County Engineer offered the following exception: VOL 24 -7 PAGE qa Commissioners' Court meeting September 2, 2003 8 The roadway right-of-way at this location is only 45 feet wide; therefore the cable must be as close to the fence as possible (3-5 feet) and must be buried at least 30 inches deep. As Arrington Road will be widened in the future, Verizon must be aware that this cable will have to be relocated at that time. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the request by Verizon and authorized the installation subject to them complying with the exception noted by the County Engineer. A copy of the request is attached hereto. The Court next considered the request from Verizon to construct approximately 3,228 feet of buried communications cable installation in the right-of-way, rather than the 16 foot Public Utility Easement of Timberwilde Drive between Elmo Weedon Road and Falcon Crest Drive. The site is located in Precinct 2. The County Engineer recommended denial of this request because Brazos County's regulations specify that utilities will be placed in all Public Utility Easements where provided. It is Verizon's responsibility to clear a path in the utility easement and to make all arrangements with adjacent landowners on which these easements lie. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to deny the request from Verizon. A copy of the request is attached hereto. The Court next considered the request from Verizon to construct a road bore and approximately 2,812 feet of buried VOL 47 PAGE ~ a Commissioners' Court meeting September 2, 2003 9 cable installations in the right-of-way of Mancuso 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 the County Judge, the Court voted unanimously to approve the request from verizon and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Wickson Creek Special Utility District to construct two (2) road bores for waterline installations in the right-of-way of Ranchero Road. The sites are located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered acceptance of a Deed without Warranty from Tim Crowley to convey a portion of land within the right-of-way of Arrington Road in Precinct 1 for roadway improvements. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Deed without Warranty from Tim Crowley for the expansion and VOLq_ PAGE 44 Commissioners' Court meeting September 2, 2003 10 improvements to Arrington Road. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for July 2003. A copy of which is attached to and made a part of these minutes. The Court next considered approval of the minutes of the Commissioners' Court meetings held in June 2003 on the following dates: Regular Meetings - 3rtl, 17th, 29th On motion by Commissioner Peter, seconded by Commissioner Mallard, the Court voted unanimously to approve the minutes as submitted. There were no announcements of interest items and possible future agenda topics. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a. Reminded everyone that there will be a retreat on September 12, 2003 with the cities of Bryan and College Station and Texas A&M at the G. Rollie White farm. He needs ideas of what we would like to discuss. Under citizen input and/or concerns the following spoke: Clyde Garland a. Referring to agenda item llc, setting a maximum dollar amount per calendar year Chiropractic care, he VOL 47 PAGE ~ s Commissioners' Court meeting September 2, 2003 1 thinks this will cost the County more money. He feels people will stay home from work. b. On agenda item 12, amend the responsibility of the insurance committee, he suggested adding a Chiropractor to the committee. Constable Isaac Butler a. Said he was glad to see the Court using the cities of Bryan and College Station to make decisions today and he hopes that in the future the Court will take a kinder view on decisions comparing the two cities and the County. Richard Vance, County Engineer a. Noted problems at the Citizen's Collection Station in Precinct 2. Commissioner Jones suggested that he write a letter to Texas Commercial Waste. At 9:50 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the purchase of real property as allowed under Section 551.072 of the Texas Government Code. At 10:03 a.m. the County Judge announced the meeting open to the public and that no action would be taken on the Closed Executive Session. There being no further business to come before the Court, the meeting was adjourned. VOL ! 7 PAGE (o The foregoing minutes of the Commissioners Court meeting held September 2, 2003 have been examined and are approved in open Court this the day of AloyewIez , 2003, in Bryan, Brazos County, Texas. Randy ms To -one Count Judge Commissioner, Precinct 1 Duane Peters Kenny Mallark-N Commissioner, Precinct 2 Commissioner, ecinct C rey C uley, Jr. Commisgioner, Pr inc 4 Attest: ~j aren McQueen County Clerk VOL PAGE Y7 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON _ 200,E AT 9s1M NAME ORGANIZATION/DEPARTMENT l OR. G. o rr- 11 S'o Jio ~a , ce CJ~i(~ G~NUt Z a~ w'd{~c liII`IY8°~ !v t~rEO Y -r ~yG ~rr~ L VOLJ~LPAG 4 Q~ BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 3 AT ~,'bo IMA, NA O NIZATI /DEP T NT S try ~ ~w Ca~~51-. Pct. ~ VOL~PAGE~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR NO. 02/03-41.1 thru 02/0341.4 On this the god day of September 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on September 2, 2003 the Court heard and approved a budget amendment for the 2002-2003 budget year for Brazos County, Texas. 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 August 23, 2002 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2nd day of September, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Rand iVmsZCountyJu . dge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 47 PAGE Sa BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0341.1 9/2/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 17 110700 734000 Dr. Dis ute Resolution Ctr $ 3,000.00 17 410060 Cr. Fees-Dispute Resolution Ctr $ 3,000.00 Alternative Dispute Resolution Fun To increase revenue and expenditures for the FYE 9/30/03 for unanticipated revenues and the a ro riate expenditures of the same. $ 6,000.00 $ - 9 VOL 4-7 PAGE 51 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0341.2 9/2/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 280001 653500 Dr. Gasoline $ 7,017.00. 01 280001 600800 Cr. Clothing/Uniforms 1,098.00 01 280001 601900 Cr. Crime Prevention 173.00 01 280001 603200 Cr. Firearms Readiness 946.00 01 280001 610100 Cr. Advertising 1,200.00 01 280001 611200 Cr. Confidential Awds 330.00 01 280001 614500 Cr. Miscellaneous 210.00 01 280001 615000 Cr. Printing 400.00 01 280001 655500 Cr. Radio Maintenance $ 1,000.00 01 280001 659500 Cr. Vehicle Maintenance $ 1,000.00 01 280001 673420 Cr. Furniture 205.00 01 280001 715000 Cr. Rental -Equipment 276.00 01 280001 715020 Cr.. Rental - Facility 179.00 Sheriff Administration To reclassi bud et to allow enough funds for gasoline for the FYE 9/30/03. $ 7,017.00 $ 7,017.00 ~ I I VOL 4-) PAGE 5a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0341.3 9/2/2003 FD DIV ACCT' PROJ DR/CR ACCOUNT NAME Increase Decrease 01 302011 653500 Dr. Gasoline $ 625.00 01 110015 611300 Cr. Contingency 625.00 Constable Precinct 2 To increase the gasoline line item for antici ated expenditures tbrou t tho,FYE 9/30/03. $ 625.00 Is 625.00 ~PAGE X53 YOL 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0341.4 912/2003 FD DIV ACCT PROD DR/CR ACCOUNTNAME Increase Decrease 01 200001 802030 DR Computer Hardware $ 27,500.00 01 200001 802110 DR Com uter Software $ 14,400.00 01 200001 802050 DR Com uter - Network Costs $ 300.00 01 200001 710200 DR Computer Contracts $ 1,200.00 01 110100 722010 CR Court Appointed Attorrle CCL#r 21,700.00 01 110100 722020 CR Court Appointed Attorneys CCL#2 21,700.00 District Clerk- To allow for the purchase of 3 scanner stations. Area for stations needs network cabling, Costs include Im rinte lion for 5 scanners, and additions to current EA agreement with Microsoft. S 43,400.00 $ 43,400.00 VOL Lf~ PAGE 54 PERSONNEL CHANGE OF STATUS I . COURT DATE: September 2, 2003 DEPARTMENT: Personnel PURPOSE: AR~rove Personnel Change of Status . DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED DISTRICT CLERK/ WILDEN, SUSAN PROMOTION COLLECTIONS LENZ,SYLVIA TRANSFERFROM COLLECTIONS WITH PROMOTION BERGERON, JOAN TRANSFER FROM DIST. CLERK WITH PROMOTION SMOLINSKY, LAUREN NEW HIRE - FULL TIME SHERIFF'S OFFICE MARTINEZ, PAUL PROMOTION SHERIFF'S OFFICE/JAIL COBB, ERIN RESIGNATION LOVE, SHARON PROMOTION JUVENILE SERVICES GREEN, BRANDY TRANSFER WITHIN DEPT. MEDINA, DIANE NEW HIRE - TEMPORARY GREEN, DEBRA NEW HIRE - TEMPORARY BAZY, LEROY NEW HIRE - TEMPORARY ROBINSON, LEONARD NEW HIRE - TEMPORARY POSEY,DARODRICK NEWHIRE -TEMPORARY AYERS, VIRGENA NEW HIRE - FULL TIME. ROAD AND BRIDGE KELLY; DAVID E. RESIGNATION Approved in Commissioners' Court: S tember 2 2 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL 47 PAGE 65 STATE OF TEXAS COUNTY OF BRAZOS CONTRACT FOR RESIDENTIAL SERVICES In accordance with provisions of the Governor's Office, Criminal Justice Division Grant, Brazos County, and Guff Coast Trades Center, hereinafter called Service Agency, by this Agreement, and in consideration of the mutual promises set forth below, agree that: 1. PROVISION OF SERVICES The Service Agency agrees to provide the following services, which shall be limited to alleged or adjudicated juvenile offenders in licensed child care facilities: Level 111-$81.88; Level IV-$91.22. A. For and in consideration of the above described services, Brazos County agrees to pay the Service Agency an amount not to exceed Level III-$81.88, Level IV-$91.22. This fee does not exceed the actual cost of child care in the Service Agency, which is the same as above, and does not exceed the amount allowed in the current Criminal Justice Division/Health and Human Services Maximum Rate Schedule. Total reimbursement under this contract shall not exceed awarded grant amount. B. If a child is certified to be eligible for the Title IV-E Reimbursement Program and the rate stated in Section I.A. above is different that the Level of Care rate assigned to that child as per the Health and Human Services Code, that child will be billed at the actual Level of Care rate. C. Recognizing that a part of a client's rehabilitation program may include time away from the residential setting of the Service Agency such as weekends, holidays, etc., and that the Service Agency must retain space for this client until his return, Brazos County will pay the Service Agency the above agreed upon amount for such regularly scheduled days away from the Service Agency or its program providing they do not exceed ten (10) days' payment. D. If a client makes an unauthorized departure from the Service Agency, Brazos County shall be notified immediately. It the client returns to the Service Agency within ten (10) days or prior to the last billing day of the month, whichever shall occur first. the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten (10) days' payment. E. The Service Agency is under no obligation to retain space for the client in unauthorized departure situations. F. Payment is to be made monthly. Claim for payment will be submitted no later than ten (10) days from the last day of the month for which payment is being requested. G. Each billing should contain the name of the client or clients for whom payment is being requested, along with the number of days (stated consecutively) for which payment is requested. H. The Service Agency is under no obligation to accept a client who is deemed inappropriate for placement in the program by the Service Agency. 1. The Service Agency shall be licensed by the Texas Department of Public and Regulatory Services or an equally equivalent agency for their programs. Gulf Coast Trades Center - Contract Period 09/01/03 - 08/31/04 Page 7 of 6 VOL __7 _PAGE alp J. The Service Agency shall meet all other required licenses pertaining to health, fire and safety standards. K. If a child in placement at the Service Agency makes an unauthorized departure, becomes seriously ill, or is involved in an incident of a serious nature, the Service Agency shall notify the Brazos County Placement Officer immediately and ensure that parents and proper authorities, including the Texas Department of Public and Regulatory Services, are notified. L. Brazos County reserves the right to terminate the child's placement at the Service Agency at its discretion. The Service Agency must not release the child to any person or agency other than Brazos County without the express consent of Brazos County. M. Brazos County must approve the child's participation in any furloughs, home visits, or extended agency trips. N. Unless otherwise stipulated by Brazos County, the child may visit freely with parents and relatives at the home in accordance with established Service Agency policies. 0. Suspected or alleged cases of child abuse must be immediately reported to the Brazos County Placement Officer and the Department of Public and Regulatory Services. H. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT A. Each client placed with the Service Agency shall have a written Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Agency staff and appropriate Brazos County personnel prior to placement. B. The Case Plan shall be reviewed jointly by the appropriate Service Agency staff, the child, and appropriate Brazos County personnel at reasonable intervals, not to exceed ninety (90) days, to assess the client's progress with modification of the Case Plan being made when indicated. C. The Case Plan shall contain the reasons why the placement will benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved in the Case Plan to assist in preventing or controlling the client's alleged delinquent behavior or conduct indicating a need for supervision as defined in the Texas Family Code. .D. Copies of the original Case Plan and the periodic review are to be maintained by the Service Agency and the Brazos County Placement Officer. E. Goals, Outputs, and Measurable Outcomes: 1. The Service Agency agrees to pursue the goals and values of the Brazos County Juvenile Probation Department through providing services to clients which enable client growth and development to the client's fullest potential. This development will be through the provision of a safe, drug-free environment in which counseling services are utilized as tools for educational, emotional, and behavioral catharsis. 2. The Service Agency shall provide the Brazos County Juvenile Probation Department, . within ten (10) working days, information which outlines the services provided to clients. These output measures might include, but are not limited to: a. Average length of stay of clients. b. Specific type of milieu implemented by the Service Agency. Gait Coast Trades Center - Contract Period 09/01/03 - 08/31104 Page 2 of 6 VOL 47 PAGE raj C. Average number of counseling hours provided each client daily, weekly, or monthly. d. Number and types of reporting measures. 3. The Service Agency agrees to furnish the Brazos County Juvenile Probation Department the annual indicators which express the effectiveness of the Service Agency in providing public benefit. These measurable outcomes will be submitted annually and may include: a. The percentage of clients successfully completing the program. b. The percentage of clients who are reunified with family or guardians. C. The percentage of youth who remain drug-free, do not re-offend, and/or remain in school for a designated aftercare period. III. EXAMINATION OF PROGRAM AND RECORDS A. The Service Agency agrees that it will permit Brazos County to examine and evaluate its program of services provided under the terms of this Contract and to review Brazos County client records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the Service Agency and the client. B. The Service Agency shall provide Brazos County such descriptive information on contracted clients as requested on forms provided by Brazos County. C. The Service Agency shall provide Brazos County their annual TJPC Facility Monitoring Report, facility Registry information, TDPRS and TCADA monitoring or standards compliance reports, and child abuse and neglect investigation statistics. These shall be provided annually prior to contract execution. D. The Service Agency agrees to maintain and make available for inspection, audit, or reproduc- tion by an authorized representative of Brazos County, books, documents, and other evidence pertaining to the cost and expenses of this Contract, hereinafter called the Records. This includes profit and loss statement, annual financial statements, and outside, independent audits. These documents will be provided to Brazos County prior to entering into or renewing contract. E. The Service Agency agrees to maintain these Records for three (3) years after final payment or until the State-approved audit has been made and all questions therefrom are resolved. F. The Service Agency shall adhere to all applicable state and federal laws and Regulations pertinent to the Service Agency's provision of services to Brazos County. G. Under Section 231.006, Family Code, the Service Agency certifies that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. IV. FEE ASSESSMENT A. Clients or their families shall not be assessed fees for services by the Service Agency unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of County clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. Gulf Coast Trades Center - Contract Period 09/01/03 - 08/31/04 Page 3 01 6 VOL 7 PAGE ~8 B. Any and all medical treatments required to meet the needs of the child shall be the sole responsibility of the said child's parent(s), guardian(s), or court-ordered appointed conservator, by either personal payment, health insurance, or Medicaid coverage, as well as clothing, or other expenses not provided for in the Service Agency's program. It is the Service Agency's responsibility to ensure the child's eligibility for Medicaid. Brazos County will not be responsible for medical expenses for a child who is Medicaid eligible. In the event that the parent or guardian is unable to assume this financial responsibility, the Brazos County Juvenile Probation Department will assume such to a limited extent provided funds are available and prior authorization by the Chief Executive Officer has been secured, accepting only genuine medical emergencies. C. If a client is eligible for fiscal support from another state agency or organization, the Service Agency shall ensure that Brazos County is not charged for such fiscal support for which the client is otherwise eligible. D. The Service Agency agrees to account separately for the receipt and expenditure of any and all state funds received from Brazos County. These state funds are dispersed through the Texas Juvenile Probation Commission to fund residential care. These records will be included in the information provided to Brazos County at the time of contract renewal or execution of an initial contract. V. EQUAL OPPORTUNITY Services shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964. The Service Agency will not discriminate against any employee, applicant for employment, or client because of race, religion, color, sex, national origin, age, or handicapping condition. The Service Agency will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapping condition. VI. OFFICIALS NOT TO BENEFIT No officer, member, or employee of Brazos County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the under- taking or carrying out of this project, shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. VII. INDEMNIFICATION It is further agreed that the Service Agency will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of the Service Agency, its agents, servants, or employees arising from activities under this Contract. The Service Agency shall have no obligations to indemnify and hold harmless Brazos County for any act(s) of commission or omission of Brazos County or Brazos County's agents, servants, or employees arising from or related to this Contract from which a claim or other action is made. VIII. DEFAULT Brazos County may, by written notice of default to the Service Agency, terminate the whole or any part of this Contract in any one of the following circumstances: A. If the Service Agency fails to perform the work called from by this Contract within the time specified herein or any extension thereof; or Gulf Coast Trades Center - Contract Period 09101/03 - 08/31/04 Page 4 of 6 VOL_-7PAGE B. If the Service Agency fails to perform any of the other provisions of this Contract, or so fails-to prosecute the work as to endanger performance of this Contract in accordance to its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such extension as authorized by Brazos County In writing) after receiving notice of default. C. In the instance where a breach of contract by default occurs, payment will be refunded to Brazos County by the Service Agency. IX. DANGEROUS CHILDREN The Service Agency may be working with violent and potentially dangerous persons. Therefore, it is the Service Agency's duty to alert and inform the Brazos County Placement Officer and the Chief Executive Officer or his designee of any threatened or potentially dangerous situation which may arise from or in conjunction with any services the Service Agency provides hereunder. The Service Agency further agrees that Brazos County is not responsible for such violent or dangerous conduct, or liable for any damages arising therefrom, on the part of any persons with whom the Service Agency works or comes into contact with pursuant to this Agreement. X. TERMINATION A. This contract may be terminated by either party by giving ten (10) days written notice to the other party hereto of the intention to terminate. B. Termination of the clients residence with or receipt of services from the Service Agency shall occur only after notifying the Brazos County Placement Officer of the causes and with sufficient lead time of at least ten (10) days to allow alternate placement or referral for service. XI. LAW AND VENUE In any legal action arising under this Contract, the laws of Texas shall apply and venue shall be in Brazos County. XII. CONTRACT PERIOD The contract period will begin on the 1 st day of September, 2003, and will terminate on the 31st day of August, 2004. BRAZOS COUNTY -47T C~ Randy Sims, C my Judge Date Brazos Coun Texas 1 &~h~ondo Gilchrist, Chief Executive Officer Date Juvenile Services Department Gulf Coast Trades Center- Contract Period 09/01/03 - 08/31/04 Page 5 of 6 VOL 47 PAGE (PD SERVICE AGENCY i - Authorized Signature Date Itib nA*5 M . owe Cf(cc~t/~,~ t2 ~ PRINTED name of person signing this Contract Title PRINT FACILITY NAME AND ADDRESS: FACILITY TELEPHONE NUMBER: Gulf Coast Trades center 936/344-5673 143 Forest Service Road #233 New Waverly, Texas 77358 PRINT BILLING NAME AND ADDRESS: BILLING TELEPHONE NUMBER: Gulf Coast Trades Center 436/344-6677 143 Forest Service Road #233 New Waverly, Texas 77358 PRINT NAME OF BILLING CONTACT PERSON: FEDERAL TAX IDENTIFICATION NUMBER: Linda Whitworth 74-1694949 CPS LICENSING REPRESENTATIVE: CPS TELEPHONE NUMBER: Lydia Barard 713/940-5206 Gult Coast Trades Center - Contract Period 09/01/03 - 08/31/04 Page 6 of 6 247 PAGE (1 „,r+TE OF TEXAS COUNTY OF BRAZOS CONTRACT FOR RESIDENTIAL SERVICES In accordance with provisions of the Governor's Office, Criminal Justice Division Grant, Brazos County, and Still Creek Ranch, hereinafter called Service Agency, by this Agreement, and in consideration of the mutual promises set forth below, agree that: 1. PROVISION OF SERVICES The Service Agency agrees to provide the following services, which shall be limited to alleged or adjudicated juvenile offenders in licensed child care facilities: LEVEL III, $81.88. A. For and in consideration of the above described services, Brazos County agrees to pay the Service Agency an amount not to exceed Level III, $81.88. This fee does not exceed the actual cost of child care in the Service Agency, which is the same as above, and does not exceed the amount allowed in the current Criminal Justice Division/Health and Human Services Maximum Rate Schedule. Total reimbursement under this contract shall not exceed awarded grant amount. B. If a child is certified to be eligible for the Title IV-E Reimbursement Program and the rate stated in Section I.A. above is different that the Level of Care rate assigned to that child as per the Health and Human Services Code, that child will be billed at the actual Level of Care rate. C. Recognizing that a part of a client's rehabilitation program may include time away from the residential setting of the Service Agency such as weekends, holidays, etc., and that the Service Agency must retain space for this client until his return, Brazos County will pay the Service Agency the above agreed upon amount for such regularly scheduled days away from the Service Agency or its program providing they do not exceed ten (10) days' payment. D. If a client makes an unauthorized departure from the Service Agency, Brazos County shall be notified immediately. If the client returns to the Service Agency within ten (10) days or prior to the last billing day of the month, whichever shall occur first, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten (10) days' payment. E. The Service Agency is under no obligation to retain space for the client in unauthorized departure situations. F. Payment is to be made monthly. Claim for payment will be submitted no later than ten (10) days from the last day of the month for which payment is being requested. G. Each billing should contain the name of the client or clients for whom payment is being requested, along with the number of days (stated consecutively) for which payment is requested. H. The Service Agency is under no obligation to accept o'client who is deemed inappropriate for placement in the program by the Service Agency. 1. The Service Agency shall be licensed by the Texas Department of Public and Regulatory Services or an equally equivalent agency for their programs. Still Creek Ranch - Contract Period 09/01/03-08/31/04 Pagel of 6 VOL 10 PAGE 6a J. The Service Agency shall meet all other required licenses pertaining to health, fire and safety standards. K. If a child in placement at the Service Agency makes an unauthorized departure, becomes seriously ill, or is involved in an incident of a serious nature, the Service Agency shall notify the Brazos County Placement Officer immediately and ensure that parents and proper authorities, including the Texas Department of Public and Regulatory Services, are notified. L. Brazos County reserves the right to terminate the child's placement at the Service Agency at its discretion. The Service Agency must not release the child to any person or agency other than Brazos County without the express consent of Brazos County. M. Brazos County must approve the child's participation in any furloughs, home visits, or extended agency trips. N. Unless otherwise stipulated by Brazos County, the child may visit freely with parents and relatives at the home in accordance with established Service Agency policies. 0. Suspected or alleged cases of child abuse must be immediately reported to the Brazos County Placement Officer and the Department of Public and Regulatory Services. II. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT A. Each client placed with the Service Agency shall have a written Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Agency staff and appropriate Brazos County personnel prior to placement. B. The Case Plan shall be reviewed jointly by the appropriate Service Agency staff, the child, and appropriate Brazos County personnel at reasonable intervals, not to exceed ninety (90) days, to assess the client's progress with modification of the Case Plan being made when indicated. C. The Case Plan shall contain the reasons why the placement will benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved in the Case Plan to assist in preventing or controlling the client's alleged delinquent behavior or conduct indicating a need for supervision as defined in the Texas Family Code. D. Copies of the original Case Plan and the periodic review are to be maintained by the Service Agency and the Brazos County Placement Officer. E. Goals, Outputs, and Measurable Outcomes: 1. The Service Agency agrees to pursue the goals and values of the Brazos County Juvenile Probation Department through providing services to clients which enable client growth and development to the client's fullest potential. This development will be through the provision of a safe, drug-free environment in which counseling services are utilized as tools for educational, emotional, and behavioral catharsis. 2. The Service Agency shall provide the Brazos County Juvenile, Probation Department, within ten (10) working days, information which outlines the services provided to clients. These output measures might include, but are not limited to: a. Average length of stay of clients. b. Specific type of milieu implemented by the Service Agency. Still Creek Ranch - contract Period 09/01/03 - 08/31/04 Page 2 of 6 VOL q7 PAGE 13 C. Average number of counseling hours provided each client daily, weekly, or monthly. d. Number and types of reporting measures. 3. The Service Agency agrees to furnish the Brazos County Juvenile Probation Department the annual indicators which express the effectiveness of the Service Agency in providing public benefit. These measurable outcomes will be submitted annually and may include: a. The percentage of clients successfully completing the program. b. The percentage of clients who are reunified with family or guardians. C. The percentage of youth who remain drug-free, do not re-offend, and/or remain in school for a designated aftercare period. III. EXAMINATION OF PROGRAM AND RECORDS A. The Service Agency agrees that it will permit Brazos County to examine and evaluate its program of services provided under the terms of this Contract and to review Brazos County client records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the Service Agency and the client. B. The Service Agency shall provide Brazos County such descriptive information on contracted clients as requested on forms provided by Brazos County. C. The Service Agency shall provide Brazos County their annual TJPC Facility Monitoring Report, facility Registry information, TDPRS and TCADA monitoring or standards compliance reports, and child abuse and neglect investigation statistics. These shall be provided annually prior to contract execution. D. The Service Agency agrees to maintain and make available for inspection, audit, or reproduc- tion by an authorized representative of Brazos County, books, documents, and other evidence pertaining to the cost and expenses of this Contract, hereinafter called the Records. This includes profit and loss statement, annual financial statements, and outside, independent audits. These documents will be provided to Brazos County prior to entering into or renewing contract. E. The Service Agency agrees to maintain these Records for three (3) years after final payment or until the State-approved audit has been made and all questions therefrom are resolved. F. The Service Agency shall adhere to all applicable state and federal lows and Regulations pertinent to the Service Agency's provision of services to Brazos County. G. Under Section 231.006, Family Code, the Service Agency certifies that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. IV. FEE ASSESSMENT A. Clients or their families shall not be assessed fees for services by the Service Agency unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of County clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. Still Creek Ranch - Contract Period 09/01/03 - 08/31104 Page 3 of 6 VOL47 PAGE 64 B. Any and all medical treatments required to meet the needs of the child shall be the sole responsibility of the said child's parent(s), guardian(s), or court-ordered appointed conservator, by either personal payment, health insurance, or Medicaid coverage, as well as clothing, or other expenses not provided for in the Service Agency's program. It is the Service Agency's responsibility to ensure the child's eligibility for Medicaid. Brazos County will not be responsible for medical expenses for a child who is Medicaid eligible. In the event that the parent or guardian is unable to assume this financial responsibility, the Brazos County Juvenile Probation Department will assume such to a limited extent provided funds are available and prior authorization by the Chief Executive Officer has been secured, accepting only genuine medical emergencies. C. If a client is eligible for fiscal support from another state agency or organization, the Service Agency shall ensure that Brazos County is not charged for such fiscal support for which the client is otherwise eligible. D. The Service Agency agrees to account separately for the receipt and expenditure of any and all state funds received from Brazos County. These state funds are dispersed through the Texas Juvenile Probation Commission to fund residential care. These records will be included in the information' provided to Brazos County at the time of contract renewal or execution of an initial contract. V. EQUAL OPPORTUNITY Services shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964, The Service Agency will not discriminate against any employee, applicant for employment, or client because of race, religion, color, sex, national origin, age, or handicapping condition. The Service Agency will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapping condition. VI. OFFICIALS NOT TO BENEFIT No officer, member, or employee of Brazos County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the under- taking or carrying out of this project, shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof.. VII. INDEMNIFICATION It is further agreed that the Service Agency will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of the Service Agency, its agents, servants, or employees arising from activities under this Contract. The Service Agency shall have no obligations to indemnify and hold harmless Brazos County for any act(s) of commission or omission of Brazos County or Brazos County's agents, servants, or employees arising from or related to this Contract from which a claim or other action is made. VIII. DEFAULT Brazos County may, by written notice of default to the Service Agency, terminate the whole or any part of this Contract in any one of the following circumstances: A. If the Service Agency fails to perform the work called from by this Contract within the time specified herein or any extension thereof; or still Creek Ranch - Contract Period 09/01 /03 - 08/31/04 Page 4 of 6 VOL4-7 PAGE 106 B. If the Service Agency fails to perform any of the other provisions of this Contract, or so fails to prosecute the work as to endanger performance of this Contract in accordance to its terms, and in either of these two circumstances does not cure such failure within a period of ten-(10) days (or such extension as authorized by Brazos County in writing) after receiving notice of default. C. In the instance where a breach of contract by default occurs, payment will be refunded to Brazos County by the Service Agency. IX. DANGEROUS CHILDREN The Service Agency may be working with violent and potentially dangerous persons. Therefore, it is the Service Agency's duty to alert and inform the Brazos County Placement Officer and the Chief Executive Officer or his designee of any threatened or potentially dangerous situation which may arise from or in conjunction with any services the Service Agency provides hereunder. The Service Agency further agrees that Brazos County is not responsible for such violent or dangerous conduct, or liable for any damages arising therefrom, on the part of any persons with whom the Service Agency works or comes into contact with pursuant to this Agreement. X. TERMINATION A. This contract may be terminated by either party by giving ten (10) days written notice to the other party hereto of the intention to terminate. B. Termination of the clients residence with or receipt of services from the Service Agency shall occur only after notifying the Brazos County Placement Officer of the causes and with sufficient lead time of at least ten (10) days to allow alternate placement or referral for service. XI. LAW AND VENUE In any legal action arising under this Contract, the laws of Texas shall apply and venue shall be in Brazos County. XII. CONTRACT PERIOD The contract period will begin on the 1st day of September, 2003, and will terminate on the 31st day of August, 2004. BRAZOS COUNTY Randy Sims ounty Judge Date Brazos C^nty, Texas • ~ r Ronda E. Gilchrist, Chief Executive Officer Date Juvenile Services Department Still Creek Ranch - Contract Period 09/01/03 - 08/31/04 Page 5 of b VOL~PAGE b b SERVICE AGENCY ~ f - Authorized Sign a Date 11 - WQ y\ Yl 1, Yvl \ V\b`~'F,(~g,,~pY - - PRINTED nobe of person signing this Contract Title PRINT FACILITY NAME AND ADDRESS: FACILITY TELEPHONE NUMBER: tooss R~ PRINT BILLING NAME AND ADDRESS: BILLING TELEPHONE NUMBER: PRINT NAME OF BILLING CONTACT PERSON: FEDERAL TAX IDENTIFICATION NUMBER: CPS LICENSING REPRESENTATIVE: CPS TELEPHONE NUMBER: Still Creek Ranch -Contract Period 09/01/03-06/31/04 Page 6 of 6 VOLq-3 PAGE_&7 STATE OF TEXAS COUNTY OF BRAZOS CONTRACT FOR RESIDENTIAL SERVICES In accordance with provisions of the Governor's Office, Criminal Justice Division Grant, Brazos County, and Lutheran Social Services, hereinafter called Service Agency, by this Agreement, and in consideration of the mutual promises set forth below, agree that: 1. PROVISION OF SERVICES The Service Agency agrees to provide the following services, which shall be limited to alleged or adjudicated juvenile offenders in licensed child care facilities: Level V-$121.55; Level VI-$206.60. A. For and in consideration of the above described services, Brazos County agrees to pay the Service Agency an amount not to exceed Level V-$121.55, Level VI-$206.60. This fee does not exceed the actual cost of child care in the Service Agency, which is the some as above, and does not exceed the amount allowed in the current Criminal Justice Division/Health and Human Services Maximum Rate Schedule. Total reimbursement under this contract shall not exceed awarded grant amount. B. If a child is certified to be eligible for the Title IV-E Reimbursement Program and the rate stated in Section I.A. above is different that the Level of Care rate assigned to that child as per the Health and Human Services Code, that child will be billed at the actual Level of Care rate. C. Recognizing that a part of a client's rehabilitation program may include time away from the residential setting of the Service Agency such as weekends, holidays, etc., and that the Service Agency must retain space for this client until his return, Brazos County will pay the Service Agency the above agreed upon amount for such regularly scheduled days away from the Service Agency or its program providing they do not exceed ten (10) days' payment. D. If a client makes an unauthorized departure from the Service Agency, Brazos County shall be notified immediately. If the client returns to the Service Agency within ten (10) days or prior to the last billing day of the month, whichever shall occur first, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten (10) days' payment. E. The Service Agency is under no obligation to retain space for the client in unauthorized departure situations. F. Payment is to be made monthly. Claim for payment will be submitted no later than ten (10) days from the last day of the month for which payment is being requested. G. Each billing should contain the name of the client or clients for whom payment is being requested, along with the number of days (stated consecutively) for which payment is requested. H. The Service Agency is under no obligation to accept a client who is deemed inappropriate for placement in the program by the Service Agency. 1. The Service Agency shall be licensed by the Texas Department of Public and Regulatory Services or an equally equivalent agency for their programs. Lutheran Social Services - Contract Period 09/01/03 - 08131/04 Pagel of 6 VOL4-7 PAGE loin J. The Service Agency shall meet all other required licenses pertaining to health, fire and safety standards. K. If a child in placement at the Service Agency makes an unauthortzed departure, becomes seriously ill, or is involved in an incident of a serious nature, the Service Agency shall notify the Brazos County Placement Officer immediately and ensure that parents and proper authorities, including the Texas Department of Public and Regulatory Services, are notified. L. Brazos County reserves the right to terminate the child's placement at the Service Agency at its discretion. The Service Agency must not release the child to any person or agency other than Brazos County without the express consent of Brazos County. M. Brazos County must approve the child's participation in any furloughs, home visits, or extended agency hips. N. Unless otherwise stipulated by Brazos County, the child may visit freely with parents and relatives at the home in accordance with established Service Agency policies. 0. Suspected or alleged cases of child abuse must be immediately reported to the Brazos County Placement Officer and the Department of Public and Regulatory Services. IL INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT A. Each client placed with the Service Agency shall have a written Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Agency staff and appropriate Brazos County personnel prior to placement. B. The Case Plan shall be reviewed jointly by the appropriate Service Agency staff, the child, and appropriate Brazos County personnel at reasonable intervals, not to exceed ninety (90) days, to assess the client's progress with modification of the Case Plan being made when indicated. C. The Case Plan shall contain the reasons why the placement will benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved in the Case Plan to assist in preventing or controlling the client's alleged delinquent behavior or conduct indicating a need for supervision as defined in the Texas Family Code. D. Copies of the original Case Plan and the periodic review are to be maintained by the Service Agency and the Brazos County Placement Officer. E. Goals, Outputs, and Measurable Outcomes: 1. The Service Agency agrees to pursue the goals and values of the Brazos County Juvenile Probation Department through providing services to clients which enable client growth and development to the client's fullest potential. This development will be through the provision of a safe, drug-free environment in which counseling services are utilized as tools for educational, emotional, and behavioral catharsis. 2. The Service Agency shall provide the Brazos County Juvenile Probation Department, within ten (10) working days, information which outlines the services provided to clients. These output measures might include, but are not limited to: a. Average length of stay of clients. b. Specific type of milieu implemented by the Service Agency. Lutheran Social Services - contract Period 09/01/03 - 06/31104 Page 2 of 6 VOL L7 PAGE C. Average number of counseling hours provided each client daily, weekly, or monthly. d. Number and types of reporting measures. 3. The Service Agency agrees to furnish the Brazos County Juvenile Probation Department the annual indicators which express the effectiveness of the Service Agency in providing public benefit. These measurable outcomes will be submitted annually and may include: o. The percentage of clients successfully completing the program. b. The percentage of clients who are reunified with family or guardians. C. The percentage of youth who remain drug-free, do not re-offend, and/or remain in school for a designated aftercare period. III. EXAMINATION OF PROGRAM AND RECORDS A. The Service Agency agrees that it will permit Brazos County to examine and evaluate its program of services provided under the terms of this Contract and to review Brazos County client records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the Service Agency and the client. B. The Service Agency shall provide Brazos County such descriptive information on contracted clients as requested on forms provided by Brazos County. C. The Service Agency shall provide Brazos County their annual TJPC Facility Monitoring Report, facility Registry information, TDPRS and TCADA monitoring or standards compliance reports, and child abuse and neglect investigation statistics. These shall be provided annually prior to contract execution. D. The Service Agency agrees to maintain and make available for inspection, audit, or reproduc- tion by an authorized representative of Brazos County, books, documents, and other evidence pertaining to the cost and expenses of this Contract, hereinafter called the Records. This includes profit and loss statement, annual financial statements, and outside, independent audits. These documents will be provided to Brazos County prior to entering into or renewing contract. E. The Service Agency agrees to maintain these Records for three (3) years after final payment or until the State-approved audit has been made and all questions therefrom are resolved. F. The Service Agency shall adhere to all applicable state and federal laws and Regulations pertinent to.the Service Agency's provision of services to Brazos County. G. Under Section 231.006, Family Code, the Service Agency certifies that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. IV. FEE ASSESSMENT A. Clients or their families shall not be assessed fees for services by the Service Agency unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of County clients for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. Lutheran Social Services - Cmfraci Period 09/01/03 - 08/31/04 Page 3 of 6 VOL 41 PAGE 7O B. Any and all medical treatments required to meet the needs of the child shall be the sole responsibility of the said child's parent(s), guardian(s), or court-ordered appointed conservator, by either personal payment, health insurance, or Medicaid coverage, as well as clothing, or other expenses not provided for in the Service Agency's program. It is the Service Agency's responsibility to ensure the child's eligibility for Medicaid. Brazos County will not be responsible for medical expenses for a child who is Medicaid eligible. In the event that the parent or guardian is unable to assume this financial responsibility, the Brazos County Juvenile Probation Department will assume such to a limited extent provided funds are available and prior authorization by the Chief Executive Officer has been secured, accepting only genuine medical emergencies. C. If a client is eligible for fiscal support from another state agency or organization, the Service Agency shall ensure that Brazos County is not charged for such fiscal support for which the client is otherwise eligible. D. The Service Agency agrees to account separately for the receipt and expenditure of any and all state funds received from Brazos County. These state funds are dispersed through the Texas Juvenile Probation Commission to fund residential care. These records will be included in the information provided to Brazos County at the time of contract renewal or execution of an initial contract. V. EQUAL OPPORTUNITY Services shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964. The Service Agency will not discriminate against any employee, applicant for employment, or client because of race, religion, color, sex, national origin, age, or handicapping condition. The Service Agency will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapping condition. Vl. OFFICIALS NOT TO BENEFIT No officer, member, or employee of Brazos County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the under- taking or carrying out of this project, shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. VII. INDEMNIFICATION It is further agreed that the Service Agency will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of the Service Agency, its agents, servants, or employees arising from activities under this Contract. The Service Agency shall have no obligations to indemnify and hold harmless Brazos County for any act(s) of commission or omission of Brazos County or Brazos County's agents, servants, or employees arising from or related to this Contract from which a claim or other action is made. VIII. DEFAULT Brazos County may, by written notice of default to the Service Agency, terminate the whole or any part of this Contract in any one of the following circumstances: A. If the Service Agency fails to perform the work called from by this Contract within the time specified herein or any extension thereof; or Wtheran Social Services - Contract Period 09/01 /03 - 08/31/04 Page A of 6 VQL q' nu -7 B. If the Service Agency fails to perform any of the other provisions of this Contract, or so fails to prosecute the work as to endanger performance of this Contract In accordance to its terms, and in either of these two circumstances does not cure such failure within a period of ten-(10) days (or such extension as authorized by Brazos County in writing) after receiving notice of default. C. In the instance where a breach of contract by default occurs, payment will be refunded to Brazos County by the Service Agency. IX. DANGEROUS CHILDREN The Service Agency may be working with violent and potentially dangerous persons. Therefore, it is the Service Agency's duty to alert and inform the Brazos County Placement Officer and the Chief Executive Officer or his designee of any threatened or potentially dangerous situation which may arise from or in conjunction with any services the Service Agency provides hereunder. The Service Agency further agrees that Brazos County is not responsible for such violent or dangerous conduct, or liable for any damages arising therefrom, on the part of any persons with whom the Service Agency works or comes into contact with pursuant to this Agreement. X. TERMINATION A. This contract may be terminated by either party by giving ten (10) days written notice to the other party hereto of the intention to terminate. B. Termination of the clients residence with or receipt of services from the Service Agency shall occur only after notifying the Brazos County Placement Officer of the causes and with sufficient lead time of at least ten (10) days to allow alternate placement or referral for service. A. LAW AND VENUE In any legal action arising under this Contract, the laws of Texas shall apply and venue shall be in Brazos County. XII. CONTRACT PERIOD The contract period will begin on the 1st day of September, 2003, and will terminate on the 31st day of August, 2004. BRAZOS COUNTY Randy Sims, ounty Judge Date Brazos C nty. Texas Ronda E. Gilchrist, Chief Executive Officer Date Juvenile Services Department Lutheran Social Services - Contract Period 09/01/03 - 08/31/04 Page 5 of 6 VOL 4 7 PAGE ,SERVICE AGENCY Authorized Signat re Date DRU 1 D Vice. 1,wslcien+ ze CA-, I(A +90g ;Im ~eRO i e5 PRINTED name of persomisigning this Contract Title PRINT FACILITY NAME AND ADDRESS: FACILITY TELEPHONE NUMBER: See a.NucheA L.J PRINT BILLING NAME AND ADDRESS: BILLING TELEPHONE NUMBER: 8305 QROSS P Rftk ba- A,,Oj w T-K -I Y l b-4 rJ' I Z - 'A59-1000 t?0 (6a 140D1orl Ai b-kv3 7X -IX-714 PRINT NAME OF BILLING CONTACT PERSON: FEDERAL TAX IDENTIFICATION NUMBER: 1-lsa YPfP.~ ILA - 1109945-8, CPS LICENSING REPRESENTATIVE: CPS TELEPHONE NUMBER: See krAC fl M I k4. Lutheran Social Services - Contract Period 09/01/03 - 06/31/04 Page 6 of 6 VOLWPAGE- Lutheran Social Services of the South, Inc. Administrative Office, Contracts Administrative Office, Accounts Payable David Yarborough, VP Child & Family Services Lisa Perez 8305 Cross Park Dr PO BOX 140767 Austin TX 78754 Austin TX 78714-0767 Bokenkamp Residential Treatment Center Maria Thompson, Residential Contract Manager Joe Miller, Executive Director TDPRS 5517 S Alameda St 4201 Greenwood Drive Corpus Christi TX 78412 Corpus Christi, Texas 78416 361-994-1214 361-878-7517 Krause Residential Treatment Center Sandra Wright, Residential Contract Manager Phil Ashford, Executive Director TDPRS 5638 Medical Center Dr 2525 Murworth Katy TX 77494 Houston, Texas 77054 281-392-7505 713-3944126 Nelson Residential Treatment Center Brenda Latham, Residential Contract Manager Bill Brattvet, Executive Director TDPRS 46011-35 North 1200 E. Copeland, Suite 310 Denton TX 76207 Arlington, Texas 76011 9401384-8232 817-7924400 New Life Residential Treatment Center Veronica Ramirez, Residential Contract Manager Martha.Wynn, Executive Director TDPRS . 650 Scarborough Rd 355 E Texas Ave Ste 200 Canyon Lake TX 78133 Round Rock, TX 78664 830-964-4390 512-388-6208 dOLL+-7 PAGE 1{' MEMORANDUM OF UNDERSTANDING BETWEEN THE BRAZOS COUNTY JUVENNILE BOARD AND SAN ANTONIO POSITIVE SOLUTIONS, INC. (POSITIVE SOLUTIONS CHARTER SCHOOL) FOR THE 2003-2004 SCHOOL YEAR This Memorandum of Understanding (MOU) is entered into between the Brozos County Juvenile Board (BCJB) and Positive Solutions Charter School located at 1325 North Flores, Suite 100, San Antonio, TX 78212. PURPOSE The purpose of this MOU is for Positive Solutions Charter School to provide educational-services to the Brazos County Academy (BCA) program.. The BCA program serves as alternative placement for Juvenile dispositions. RESPONSIBILITIES OF THE BRAZO COUNTY JUVENILE BOARD The BCJB will provide the facility, (to include general maintenance) utilities, (to include telephone/s and inter-net access) furniture, (to include student table, chairs, computer hardware) for the operations of the Brazos County Academy program. BCJB will also provide an on-site Probation Officer for case management and supervision of the students assigned to the Brazos County Academy, and Activities Instructor/s to provide security, maintenance of student discipline and auxiliary services to include counseling, anger management, motivational and physical education classes, etc. BCJB will provide one instructor to assist with academic instructional services at the Academy. The Special Program Manager will provide the supervision of all county personnel assigned to the Brazos County Academy and the ultimate responsibility of all county personnel assigned to the "program belongs to the Chief Executive Officer of the Brazos County Juvenile Services Department. RESPONSIBLITIES OF POSITIVE SOLUTIONS CHARTER SCHOOL Positive Solutions Charter School will provide all aspects of the appropriate educational services for the Brazos County Academy program that are legally required by the State of Texas. This will include a teacher-student class ratio of 1:18 andone (1) full time Office Assistant. Positive Solutions Charter School will provide two four hours blocks class session (AM session 8:00 a.m. to 12: 00 noon and PM session 1:00 p.m. to 5:00 p.m.). Curriculum, assessment, technology, and A mandated requirements set by the State of Texas Education Agency through the Texas Education Code as it applies to Charter Schools in the State of Texas will be provide by Positive Solutions Charter VOLq~ PAGE 7-5 School. Positive Solutions Charter School will make its best effort to meet the educational needs of each student assigned to the Brazos County Academy to include Limited English Proficiency, and Special need students. The supervision of Positive Solutions Charter School personnel and the academic program will the responsibility of Positive Solutions Charter School's Superintendent or designee. In addition, Positive Solutions Charter School will be responsible for maintaining accurate daily attendance records, and for submitting all required reports to the Texas Education Agency. Positive Solutions Charter School personnel will work closely with the Special Program Manager of Juvenile Services to assure successful operation of the Brazos County Academy Program/Positive Solutions Charter School located in Bryan, Texas. Positive Solutions Charter School will providel80 days of student instructional service. Positive Solutions Charter School will provide officelclassroom supplies, and other such inventory necessary for the successful operations of the academic services at the BCA. Positive Solutions Charter School will coordinate the receiving and transfer of students with the appropriate school district including admission documentation, ARD, transcripts of grades, special education records etc. FUNDIN G Positive Solutions Charter School agrees to provide the above stated educational services for funds received from the State of Texas as the result of student daily attendance at the Brazos County Academy program. The Brazos County Juvenile Board, Brazos County Commissioners Count, Brazos County Juvenile Services Department or any other entity of Brazos County will not be responsible for providing any form of financial support to Positive Solutions Charter School for any services rendered. Brazos County will be awarded only the daily attendance funding for students attending the Academy under the Juvenile Justice Alternative Education Program. ADMINISTRATION OF TAAS/TAKS In accordance with the Texas Education Code, Positive Solutions Charter School will be responsible for administering all aspects of the Texas Assessment of Academic Skills (TAAS)/Texas Assessment of Knowledge Skills (TAKS) to those students assigned to the Brazos County Academy program. MISCELLANEOUS 2 VOL47 PAGE -7 (a Consistent with the Texas Education Code and Texas Juvenile Justice Code, the parties hereto agree to use their best efforts to expedite the administrative and judicial processing of all cases related to this MOU. To the extent permitted by applicable law, but without waiver or expansion of any limits established by the Texas Tort Claims Act, each party of the MOU will indemnify and hold harmless the other patties and their officers, employees, and agents from and any and all claims proximately caused by negligence, breach, or other act of omission by the indemnifying part or its officers, employees, or agents. In accordance with the Texas Education Code, the Brazos County Juvenile Board, Brazos County Commissioners Court, and employees of the Brazos County Juvenile Services Department are immune from liability to the same extent as Positive Solutions Charter School Directors, Superintendent, employees and volunteers are immune from liability. If any provision, section, subsection, paragraph, sentence, clause or phrase of this MOU, or the application of same to any person or set of circumstances, is for any reason held by a court or competent jurisdiction to be invalid, void, or unenforceable, the remaining provision hereof will remain in full force and effect. This MOU, together with the instrument heretofore incorporated by reference and the attachments hereto, contains the entire agreement between parties with respect to the subject matter thereof. No other agreement, statement, or promise made by or to any employee, officer, official, or agent of any party that is not contained herein is not of any force or effect. Any modifications to the terms hereof must be in writing and signed by all parties. The individuals executing this MOU on behalf of the respective Parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this MOU to do so on behalf of the Party for which his or her signature appears, and that there are no other parties or entities required to execute this MOU in order for the same to be an authorized and binding agreement on the Party for whom the individual is signing this MOU, and that each individual affixing his or her signature hereto is authorized is valid and effective on the date hereof. The death or attempted suicide of a student occurring at the Brazos County Academy program must be reported immediately to the Brazos County Sheriff's Office, the Brazos County Juvenile Board, the student's parent(s) or legal guardian. And, a written report must be submitted to the Texas Juvenile Probation Commission with in twenty-four (24) hours of the event. 3 VOlILPAGE= Any allegation of abuse or neglect of a student assigned to the Brazos County Academy program must be documented and reported immediately to Positive Solutions Charter School Superintendent, Brazos County Sheriff's Office for investigation, as required by Chapter 261, Texas Family Code. And, a written report must be submitted to the Texas Juvenile Probation Commission with twenty-four (24) hours of the event. TERM OF THIS MEMORANDUM OF UNDERSTANDING The term of this MOU is from the effective date of this signing by all Parties involved through August 2, 2004. Renewal will be made on a year-to-year basis by mutual consent of the Parties. Termination of this agreement may take place with 60 days notice provided by. either party. This MOU is executed in multiple original, each of which shall have the full force and effect of an original document, and each of which shall constitute but one and the same instrument. EXECUTIED this the day of A~Lzl 2003. Randy S7raz ounty udge Chairma zoos C ounty Juvenile Board Artu . Suare u ent Positive Solutions Charter School 4 VOlT7 PAGE '79 This amendment to the Hospital Service Agreement is entered into by and between Brazos County (hereinafter "Bmployer') and College Station Hospital, LP d/b/a College Station Medical Center and Brazos Valley of Texas. LP d/b/a the Surgical Center (hereinafter "Hospital'). WITNESSETH Whereas, Employer and Hospital entered into a Hospital Service Agreement pursuant to which Hospital agreed to provide services to Employer Members at negotiated rates; and Whereas, the Agreement between Employer and $ospital was effective as of January 1, 2002; and Whereas, Employer and Hospital desire to amend the Agreement as follows: AMENDMENT Amend Attachment A, Reimbursement as follows: All Inpatient Services 61.00% discount from Billed Charges" All Outpatient Services 57.00% discount from Billed Charges** Now; Therefore, the Agreement and Attachments thereto are amended as provided herein entitled Amendment. Except as specifically amended hereby, the terms and conditions of the Agreement remain the same. In Witness Whereof, the parties have executed this amendment to be effective May 4, 2003. Hospital d Employer By By: Name: Thomas Jackson Name: dy Sims Title: Chief Executive Officer Title: County Judge VOL D-7 Krr 7l Ila ° e s a a° ~ as a' 6 S a ~ o g s ~ n Z ~ o ~ 8' c c o z p C t rR7 .01 0 w , C N A w i F A b 9 M N m g SC =C A 8 2 o O y9 RM m o i /i VOL '4 PAGE 8D O fD pt V W N A (Nia N+ O [O m V Ol V1 P W N+ O f0 m V~ CT A W N+ , r m T m~ a N+ 5 5 m5 3.P B F e 3~ (7 yg y ~ v N W-3 R m JC N A r' c° m `Si e w Yo' 'p c c e 1n Cj O A O ie ~ m a .+K.w~ zzZm m m.L n z m N C 0 N m S J>> O ?W ~ a g _ F p O N O+N+ C N N N X100 O W 0 m O W N 4a N U~ N A (T ~ flU ~ A V W N W O+ V A W N O W W W N 2 O m m go T pp 0 _ m z N _ m an d {a pN p_ (J1 (N~ p Q 0 _I O A j O N O O O S y p O l(Qj. S1 ((Q~T O O p f C 'Z mS N W N W~NO]A mO] W O N ~~Nd N A A A m J N O 'O D y m r z`zzzz ~zz z ~zzz~~zzz zi~z,~z m3 `O f O~ O k x m y1 7c r~ o 30 T w my y z m v. m hm? 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(µpq (yq N~ V GV m m{mJ N ^I W 15, mq N A>t mvO O~ N~ r V rp` m m ~ y~o? f,T (T I<JJ ~ A O fT {off f~T f~. ~O? O N °mi (P (OS~ {n. ~ y W m O m zzzzL zzza zz zzzz zzz o ~a as mEB ED MmiBu iB a~H co w y mw $vi °o BFd'. (n $~8~ "~F$~"i8 oog m m w~~ w,ww ~ ~ox S m g.~'832-~4S~ra~ ~ $o}.ST"~' xg~ s3zs'.~' $S°- m hoc m m ~ r Mq m ~ m m Z Z Z Z z m m Z Z Z Z Z Z Z Z Z Z m i E5 63 65 B3 N m r 1C~ ~~i «+~q C~ S ~fn ~nN~j b+~w $!{~Wn <n g!tg C 7~ ,QA~r~am ~ U $ ~ m AtWp pOD tT Op ~'i mtn `7nltm~'mai oY N+ 9 T J {~qOj N N O SN C T H b O f~pA? }{8~ ~~+!j yO~i q~ 4Vn qW f~A~j yW~ r T 2 2 m: 2 & 0 X N m twD` 10 d <D iD m d~ tp N'' - Oi W Ifl VOL.-PAGE $a A W N + < m 2 a d N C z A C = v ~ O m mm 8 Z yo ~!n o q m n 3 S y y m ~ W N o O O O W N N N H m~ . N 0 • O q d~ q q M o m N D 3 T p 0 O m 3 rc Z m f OD Q 1 y m 30 2 Z m Vj W N m y > o b N m o A ;a m T. Y ~ m a m m m o n o n o 0 y m m ' Ia A (q ~ O A O y A omi v w o ~ n D 0 a: rnN ~n 3 2 Si g S' 6' va ~ wY6 ffi'm N x c m ~ m p:~, yA yA ~Ap C m A A A W VOL PAGE & BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 660010 DATE OF COURT MEETING: September 2 2003 ITEM: Permission to enter Arnold LeUnes' property located off South Oaks Drive for the purpose of disposing of dead livestock ($180.00 fee) for the health. safety and welfare of the general public Site is located in Precinct 1. SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS: SUBMITTED BY: APPROVED Richard F. Vance, P.E. Co fission T Jones County Engineer Precinct 1 0003-087 This Request is ApprovedErfDenied❑ by Commissioners Court Date: Randy S' s, County Judge VOL4-1 PAGE 84 BRAZOS COUNTY PRIVATE PROPERTY ACCFPS PERMISSION FORM Randy Sh m Ca1rdy JU.dw 'PE OF. 9 Tony C er Pct 1 Ot petws t k Commb5iow Pct 2 . Kenny MaRatd OF 9~Pryo~ OGNTy CarcNssk n Pct S Carey CauleY'.. Coayrdesi uPct4 Date 1. LANDOWNER AND ADDRESS ra n ld Z P U.n~. e 1 '.3 Sra Sn ..~1, Daly e nr~ ~ ~.4p,_ .Sz~a T„ x _ H. LOCATION OF WORK Sz ....e, III. DESCRIPTION OF WORK TO BE DONE B r r/ 1 Lr a rst=_ IV. MAINTENANCE YES NO r/ IF YES, ESTIMATE FREQUENCY OF MAINTENANCE (Owner will V!6d:p1ior to maintenance) Richard F.Vance, RE: _ Engineer Ai / Foreman / Right of Way Agent County Engineer Owner's' Signature: DATE - ZZ ~03 VOLIf7 PAGE 85 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: September 2, 2003 ITEM: Request from Verizon to construct buried communications cable installation in the right of way of Arrington Road beginning 550 ft. south of Windom Ranch Road extending for a distance of approximately 2,761 ft See Notes/Exceptions for further information. 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: The roadway right of way at this location is only 45 ft. wide; therefore, the cable must be as close to the fence as possible (3 - 5 ft.) and must be buried at least 30 inches deep. As Arrington Road will be widened in the future, Verizon must be aware that this cable will have to be relocated at that time. ACTION REQUESTED OR ALTERNATIVES: SUBMITTI~D BY: APPROVE Rlchard F. Vance, P.E. Co issioner y Jones County Engineer Precinct 1 0003-088 This Request is Approved / Denied ❑ by Commissioners' Court Date: oZ xa~ Randy County Judge VOLIJ _PAGE (D VERIZON COMMUNICATION ` Notice of Line Installation August 20, 2003 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Cable placement is to start approximately 550 feet south of Windom Ranch Road on east side of Arrington Road, with placement 3' to 5' in east right-of-way of Arrington Road for approximately 2761 feet to the entrance of Smith property. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future. and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after August, 2003. VERRON COMMUNICATIONS 5416-313002TU QJMhn AmoldG~ Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 VOL~PAGE k°3SyTdod,~§?3'<~7~n:~e`aae''eat3=.^+b ~.sa`a'aed+~ido;a~~dt"'e:x~;~~ I ~ 3 15~]s~ i~~~o is ^ as8~~'~jp¢'xi a$~~q~~S ~i ~~~5~~ t~ IS@°=` ,a'. .s 4 ¢ga€Cg ~)<`g$g~~.8~us~ s6p' pry. iii' io°o o6 s Will 2I@: ~gIi~ tip", to ~ . SR?ORALip BAi:~p p[R:^ia pi:pp:"~aII cC:C:C:aIOFf:RCap l.~RJlaa C:G " ' F usnoa sa eS WIVASOTA RfOA ~nrpaq~~ 9 . µwnoa s°xYap' ! ' e a b, a J dB p run ~ ~ ` ~J,~ p ~ O r i• R 6 0o- f( ell ► a 3 R"4 ~`il~ (yit ~.~arwa ommor ru~ o ~ `iD g e p a _ S q. 4Q~, + O e_°o s t!•+aWrN w ark '.i g4r (t j a . ° RHO eo ~ ~'p 2afa F 4~ •".J 4.w•~y P s v 1`~ 6 PAGE $g _ L` J Ew r < Y : g zW Z 8 8 „ Y 5E1 1 eti _ ^ ~ i N -W y a - Y y V ~ ~ S ~a 3 C A Y^ o, S w o i ; ~ ~a££8£$1~88~ a- T vai y6 48 Z ® 4. . Cl) w M g„ vSryN: LLI CL WIjV N t 1 - m _ r .8.j.............. .MOa----- - R :M02i------- 3 r.. • a a w G N y t W 00 y c yg~ O NL rz z a°w LLJ m ox: 4 tic': m~~m z w ,pN W~VW O~. NNN~.NI'1' wu Q Z O ~rvrv w O iNmiauf3 u Yw= .aK JO W Q O LL amp a wONN O Ow or 1-, ~~NmOD U Jm $ ~ . o~gcP ~ rte, . ww mm ~ ~ VOL 43_PA jE$! ~ ~ 4w~j. ~ ~ ~ 6 Z gg 5~ fit~e_ au j 3 6~ e~ g9ii~~a a E z N e a a ~4 fF $~e~~eseY mB d 3 101811 gas? 0 3 - 0 1 ° Z II: Z" <X U) J j z > LJ i > j W i. ° W 3 i S) w 7. i LL o i i (n es: ` U l9+YZ tl1S rv LtJ ~zm LX- Z9+gz tl1S' PsM F u mom ~ 48 y,.. uJ s pa i # jai s~ NS: a t 3 I 3UN At W m m r hAr;,,: a..: t Cf) a 1- fn vs N N a LL 1:. O ^Zv I ^ O OD CD 00^ 00 CY) 00 -¢q ¢ I . v as (r l W W f o}ter Z ~ 7 LL W y i j Q N W.' W y (n I.- i y. °D3 VUL BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING:_ September 2. 2003 ITEM: Request from Verizon to construct approximately 3,228 ft of buried communications cable installation in the right of way rather than the 16 ft Public Utility Easement. of Timberwilde Drive between Elmo Weed6n Road and Falcon Crest Drive. See Action Requested or Alternatives below. 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 fine 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 Applicants responsibility to do so and to remove all cleared brush, trees etc. from county right-ofway. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-M; 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 Sheets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVE- Recommend mend denial of this request Brazos County's regulations specify. that utilities will be placed in all Public Utility Easements where provided. It Is Verizon's responsibility to clear a path in the utility easement and to make all arrangements with adjacent land owners on which these easements lie. SUBMI D BY. ~ APP VED Rlc and F. Vance, P.E. Commissioner Duane Peters County Engineer Precinct 2 0003-089 This R4RAS' oved 11 / Denied by Commissioners' Court Date: ounty Judge V OL47 PAGE G I iAerizon Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 August 22, 2003 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are From ED-135 and a work location sketch showing the location of our. proposed communications cable line on county roads in Brazos County at Bryan, Texas. This work is to be completed on. Work Order 5413 - 3P001XM which is scheduled for September 2,2003. If you have any questions concerning this work, please contact Joe Young at our office in Bryan, telephone 979-821-4303 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, 14 1- Jizcy- z oB-Z~-o3 ~6ta~~iENq DE/~/~9+ of John Arnold Supervisor - Network Engineer %b~31(EGtu~ST, jNE~~ /S JA:ec /lD'puBC/c Uj/t/tY Attachment ~g5 EmE.uI' Fon %t}i3 ~BBcE 66 //v SG,~cc ED. 1 r /5 t/gn.~znv~S ~~5~ow5i$iLii"y /~uBC~c UritiTy F,gSEanF.uY, Aa0 70 ?iiaKtG .411 0Aa&Q-xja,E - M~ ors tv Tar e9,0 Ja-e VOLT PAGE Ra L m~+o 9wNFits ou /vtt,~hi .E.95.E~6.w TS / . VERIZON COMMUNICATION Notice of Line Installat fon August 22, 2003 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS W11 construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Verizon will place 3228 feet of buried cable along the southeast right-of-way of Timberwilde Drive between Elmo Weedon Road and Falcon Crest Drive. This cable is 1/25 inches in diameter and will be placed 3 feet in the right-of-way at a minimum depth of 30 inches. All asphalt driveways, creeks, and road crossings will be directional bored. We are requesting the placement of this cable in the right-of-way due to the 16 foot utility easement along this route not being cleared of trees and heavy brush. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, pemtission, privilege or right now granted by law or may, Wgranted in the future and any provision or provisions so construed shall be null and void. - Construction of this line will begin on or after September 2, 2003. V 1ZONCO~~MyyM~~UNICATIONS 5413-3P001XM lir/zztr~(~ John Arnold Supervisor-Netwgrk Engineer 301 Industrial Blvd. Bryan, TX 77803 VOL 4-7 PAGE_IL a III i III it i~ ?y , 14 I~ I SSE ` IDLARy,p e o s 42 ~ S ao v ion ~ ~ ah 1-4210 ~I~RI FPYM, N~ m x NI'Y et . ~ b w,er iD x ~ G w` o~ Pi1GE ry ; . VOL42 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridne NUMBER 560010 DATE OF COURT MEETING: September 2, 2003 ITEM: Request from Verizon to construct a road bore and approximately 2.812 ft. of buried cable installations in the right of way of Mancuso 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 Slate and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. Commissioner Duane Peters 1 County Engineer Precinct 2 0003-090 This Request is Approved / Denied ❑ by Commissioners' Court Date: Randy ms, ounty Judge VOL 0 ~ PAGE q5 VERIZON COMMUNICATION Notice of Line Installation August 21, 2003 To The Commissioners Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice. is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, . Texas as follows: . Verizon will place 2812 feet of buried communications cable along the ght-of-way of Mancuso Road. This cable is 1.63 inches in diameter and will be placed 3 feet in the right-of-way at a minimum depth of 30 inches. A plastic sub-duct conduit 1.5 inches in diameter will also be placed with the buried communications cable. The cable will be placed from the pedestal just past 3912 Mancuso Road to the intersection of Mancuso Road and FM 974. This will require boring Mancuso Road. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after August, 2003. V IZO CONJt~AUNICATJONS 5413-3F001EC Jo Amold /✓/V Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 VOL ilk PAGE 9(v 17 , wt 13 MM . . - VMN, M R", KR* I i-AN 00! 4;.4 k, or a4 Owe 4.1 MN- vix: Ad, I iq AN RIM BRAZOS COUNTY Qs2 I COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: September 2. 2003 ITEM: Request from Wickson Creek Special Utility District to construct two (2) road bores for water line installations in the right of way of Ranchero Road Sites are located in Precinct 3. SOURCE OF FUNDS: N/A 1. PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) All installations 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. . C) 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. D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechhical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) 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. II. ACTION REQUESTED OR ALTERNATIVES- SUB MITT D BY: APPROVED BY: n 9 Richard F. Vance, P.E. Commissioner I ny Mallard County Engineer Precinct 3 0003-092 Request is Approved I!!I / Denied 0 by Commissioners' Court Date: Randy S", County Judge VOL 17 PAGE 5 ~ REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE .~RYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Vickson Creek Special Utility District proposes to place a (type) Waterline within_ across x the right-of-way of (road) Ranchero Rd. 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 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. r 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 2 day of September 20 03 Firm: rri on Creek Sicy District ecial By: Title: General Manager Address: P. 0. Box .4756 Bryan, Texas 77805 Phone: 979-589-3030 APPROVED BY COMMISSIONERS' Aq COURT ON: - RAlf ChOpJ Date 1~Cr -3 08 - e&-03 dX /as 5ur3r7,0- TE9 Randy Sims, County Judge VOL q-7 PAGE 9 ti, n i cl >n ~ a d ~ \ O ul o c d - 41 tea( ~ , v pqp~. M i i Ss f I i VOL' PAGE /o BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: September 2. 2003 ITEM: Consider and take action on acceptance of a Deed Without Warranty from Tim Crowley to Brazos County to convey a portion of land within the right of way of Arrington Road for roadway improvements Site is located in Precinct 1 SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS: SUBMITTED BY: APPROVED BY: iP.E. Commissioner Tony Jones County Engineer Precinct 1 0003-091 This Request is Approved[]/DeniedO by Commissioners Court Date: Randy Sims, County Judge ~eCOrded VO i . 67 7 ng • S~ DEED WITHOUT WARRANTY ,M Date: August, 2003 Grantor. TIMOTHY J. CROWLEY Grantor's Mailing Address: 1301 McKinney, Suite 3500, Houston, Harris County, TX 77010 Grantee: BRAZOS COUNTY, TEXAS, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 ' Consideration: In consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged. Property: Being a tract of land containing 0.8486 acres, out of and part of the Augustus Babille Survey, A-75, also being out of and part of a called 60.353 acres tract owned by Elizabeth M. Williams as recorded in Volume 2974, Page 95 of the Brazos County Official Records (B.C.O.R.), the 0.8486 acres tract being more particularly described as follows: BEGINNING at a 5/8" iron rod set for the north comer of this tract, also being a point on the common line of the said Williams tract and the J.L. Gaut tract of land as recorded in Volume 1850, Page 248 of the B.C.O.R., also being a point on the northwest right-of- way line of Arrington Road, a 50' right-of-way, as recorded in said Volume 2974, Page 95; THENCE through said Arrington Road right-of-way, along the common line between this tract and the said Gaut tract, South 46'57'02° East, a distance of 29.81 feet to a point for the west comer of this tract, also being the east comer of the said Williams tract, also being the south comer of the said Gaut tract, also being a point on the centerline of the said Arrington Road right-of-way; , THENCE along the said centerline of the said Arrington Road right-of-way, South 01'01'00" East, a distance of 1435.51 feet to a point for the south corner of this tract, also being the south comer of the said Williams tract, also being a point on the said centerline of the said Arrington Road right-of-way, also being the east comer of the Wellborn Special Utility District tract of land as recorded in Volume 3989, Page 130 of the B.C.O.R.; THENCE along the common line between this tract and the said Wellborn Special Utility District tract, South 88'51'27" West a distance of 29.62 feet to a 5/8" iron rod set for the west comer of this tract, also being a point on the common line of the said Williams tract and the said Wellborn Special Utility District tract, also being a point on the said northwest right-of-way line of the said Arrington Road; DEED WITHOUT WARRANTY Page 1 VOL 4-7 PAGE )O~ THENCE along the said northwest right-of-way line of the said Arrington Road, North 00'41'40" West a distance of 1457.33 feet to the PLACE OF BEGINNING containing 36963.11 square feet or 0.8486 acres (the "Rroperty"). Exceptions to Conveyance: 1. This conveyance is made and accepted subject to any and all matters, ordinances, restrictions, covenants, conditions, encumbrances, rights of way, easements, shortages in area, matters shown on surveys, maps or plats, encroachments, overlapping of improvements, rights of parties in possession, and all outstanding mineral and royalty interest, if any, affecting the Property, whether or not of record in the office.of the Brazos County Clerk. Reservations from Conveyance: 1. For Grantor and Grantor's successors and assigns, a reservation of all oil, gas and other minerals that he now owns, in, on, under, and that may be produced from the Property, without a reservation of the right of ingress and egress for mining, drilling, exploring, operating and developing the Property for oil, gas and other minerals and for removing them from the Property. Grantor hereby waives any right which Grantor, Grantor's heirs and assigns, have or may have to the rights of ingress, egress or regress on, over or across the surface of the Property for purposes of drilling, mining, for, or conducting any operations for oil, gas or other minerals or using the same for storage, or for the transportation of oil, gas or other minerals, or using such property as a means of access or travel, or in any manner disturbing the surface of the Property. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any water, stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the Property for the construction and maintenance of a road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting " other minerals". Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever, without express or implied warranty. All warranties that might arise by common law as well as the warranties in section 5.023 of the Texas Property Code (or its successor) are excluded. This conveyance is intended to include any property interests obtained by after-acquired title. yyynnn the When the context requires, singular nouns and pronO is includplural. TIM THY J. CROWLEY DEED WITHOUT WARRANTY Page 2 VOL 47 PAGE 00 3 THE STATE OF TEXAS § .,4CKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on this the _/q,110y of August, 2003, by TIMOTHY J. CROWLEY. ~G let, .ip"°~gs CHARLES A ELLISON Notaty Public, State of Texas r° NOTARY PURL' af Stale of Texas ' ,g""" omm. Exp. 03-26-2005 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Charles A. Ellison, P.C. Charles A. Ellison, P.C. P.O. Box 10103 2501 Ashford Drive, Suite 100 College Station, Texas 77842 College Station, Texas 77840 DEED WITHOUT WARRANTY: TIMOTHY J. CROWLEY TO BRAZOS COUNTY, TEXAS, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS DEED WITHOUT WARRANTY Page 3 VOL_ql_PAGE ) 04 47 o~ The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of -.Ze A.D. 2003 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined d ap oved in open Commissioners' Court this day of 2003 Randy Sims aJud Ton ones, Cqr6rAsioner Precinct #1 Duane Peters,~Commissioner Precinct #2 Kenny Mallard, 'ssioner Pr inct #3 ' ey aide Commissioner Pr in Treasurer's Report for the Month of JULY 2003 VOA 4~PACE las ~ p~ A d y d d W W ~y N N N N 1J N N pQ ~J O~ V~ VI .A W N N 1-` O :O m N A N 1+ O :p m V P VI A W N N N~ ~CVi Q %5:i A N ~n ~J p ~ O O C Z r O C O z ac O m c Y 3 ix 3 3 '1 raj^~ p K 2 C IT ~ p O A W L ;2 La r4 y m ~ N N r _ A W W m O N W N T W N W y O b p~ v N Vp P Vm d d V W r P N v A N A P A :O V m q N :O V P { P/~ W N O ~ Vy p V y AN~ ~ Op N N d N N tO r Vf :p W P W ~p p O VmVm ~s {/N~ p p Vp ~qy O n i::'::: V N W N N Ot N W N i b O N VI 10 O N d P N P m O P~ N IW/1 N D 9 pL 6 VI ~Np ~ O V VO1: VWI W ~~p yV Im/1 {qW/1 yVy V A d VN pO ~Np r CW ~:pO O b P N N3 N ~'ii:::: IWn OJ ~ W f0 W O Y, O :p O :p m V tV.l m P tA/1 P P N O 61 V W A V W W W m~ N U ' N Vr ~(py v m N q W N P A N W r m W A d UI W Y q 3 ///y~~~ m ;QQ~~ yW{n1 10 N :D N ~ P~pp m W V . 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