HomeMy WebLinkAbout2010-06-01-9:00AM-REGULARr J'
BRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY
COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 1 JUNE 2010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM
OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE,
SUITE 106, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance — Commissioner Wassermann.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 —18:
3. Budget Amendment 09/10 - 33.1 thin 33.6.
4. Personnel Change of Status.
5. Payment of Claims.
6. Contract for Municipal Advertising with The Eagle with no change in rates; term of
contract is I June 2010 to 31 May 2011.
7. Contract for Classified Advertising with The Eagle with no change in rates; term of
contract s 1 June 2010 to 31 May 2011.
8. Touris Entity Agreement with the Bryan/College Station Convention and Visitors'
Buren to develop and promote tourism in Brazos County; term of agreement is
10/01/ 009 through 9/30/2010.
Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77603 • Fax: (979) 361 -4503
Vol. 134 Pg. 4,!S—
Commissioners Court Agenda
1 June 2010
Page 2
9. Appointment of Rusty Trahan as a non -paid Deputy Constable in the Precinct I
Constable's Office.
10. Request from the Budget Office to redirect funds from the sale of two (2) 1989 John
Deere motorgraders in the Road & Bridge equipment fleet from Road & Bridge
Contingency (56000100 - 61130000) to the General Fund /Sale of Capital Assets (0100-
46080000).
11. Affiliated Communications PASS Invoice for Avaya/Nortel manufacturer support for
one year, as a supplement to the Affiliated maintenance contract, to be used if there is
an issue that cannot be fixed by Affiliated and is escalated to manufacturer tech
support. This will avoid a minimum charge of $3000 per incident.
12. Tax Refund Applications for the following:
a. AM Trust Bank Tax Dept.
b. Nora E. Young
c. Kathy Wilson
d. Maaco Auto Painting & Body Works
e. Stampede Conversions, Inc.
f Bill Foxworth
g. Oewen Loan Servicing LLC (2)
It. GMAC Mortgage
i. Chase Home Finance LLC
j. C &D Property Services
k. Yolanda R. Garcia
1. Jose & Teresa A. Ponce
m. Java Jitters
n. FDR Services, Inc.
13. Manual Capital Requisition in the amount of $7,960.00 to Atlas Fire & Safety
Equipment for the Scott SCBA's for the Brazos County Jail Expansion.
14. Capital Requisition 00029339 in the amount of $6,717.75 to Austin Ribbon &
Computer for a server that will be used by the Information Technology Department for
applications development.
15. Request from LT Gathering, L.L.C. to construct a 50 ft. road bore for a 6 inch O/D gas
pipeline in the right of way of Democrat Road approximately 4.91 miles east of its
intersection with US Hwy 190; pipe will be bored at a depth of 10 ft. Site is located in
Precinct 2.
16. Final Plat of Straub Road Subdivision, Lots 1 -3, Block 1, 13.20 acre tract, Samuel
Davidson survey, A -13, Brazos County, Texas. Site is located in Precinct 1.
17. Final Plat of River Rock Estates Subdivision, Lots 1-4, Block 1, 10.32 acre tract, John
Payne survey, A -195, Brazos County, Texas. Site is located in Precinct 1.
18. Payment Authorization in the amount of $25,000.00 to the Bryan — College Station
Convention & Visitors Bureau for the Hotel Occupancy Tax County contribution.
19. Acknowledgement of the Monthly Reports submitted in April and May 2010. These
reports are available for review in the County Judge's Office.
Vol. 134 Pg. y lP
Commissioners Court Agenda
1 June 2010
Page 3
20. Announcement of interest items and possible future agenda topics.
21. Call for citizen input and/or concerns.
22. Agency/ Board/ Committee reports by Court members.
23. Adjourn
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to
four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make
comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners
Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section
18 of the Texas Constitution. As a Constitutional Court, the Brans County Commissioners Court also possesses the
power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly,
members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct
themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public
discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are
inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to
leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a
Contempt of Court Citation.
It is not the intention of the Brans County Commissioners Court to provide a public forum for the demeaning of any
individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the
honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees,
individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or
any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of
these rules may result in the following sanctions:
I. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3, a Contempt Citation; and/or
4, such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly
posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published
agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court.
However, responses from the County Judge or Commissioners to unlisted public comment topics could become
deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners
Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to
correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future
agenda. See Texas Open Meetings Act ¢551.042.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361.4102.
V0 1. 1 3'f P 47
COMMISSIONERS' COURT
REGULAR MEETING
JUNE 1, 2010
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, June 1, 2010 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and
officials that were in attendance.
Commissioner Wassermann gave the invocation and then led
the pledge of allegiance.
There was no citizen input /and or concerns.
The Court next considered Budget Amendment #09/10 -33.1
through 33.6 that would reclassify budget for Brazos County
Special Investigations Unit; reallocate funds for Indigent
Health Care, County Clerk, Jail Expansion 2007, Community
Supervision- Support; transfer funds from Information
Vol 134 Page 1 -f 9
Commissioners Court meeting June 1, 2010 2
Technology Department to Capital Improvements. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the budget amendment as
submitted. A copy each amendment is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7074915 through 7075183
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was consideration of a
request from the Purchasing department for the approval and
signature on the contract for Municipal Advertising with the
Eagle. It is a twelve month contract commencing upon approval
and ending May 31, 2011 with the cost as follows:
Daily $12.95 per inch
Sunday /Holiday $13.65 per inch
Vol ) 3 1 4 Page Yq
Commissioners Court meeting June 1, 2010 3
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the contract
with the Eagle and authorized the County Judge to execute the
document. A copy is attached.
The next matter before the Court was consideration of a
request from the Purchasing department for the approval and
signature on the contract for Classified Advertising with the
Eagle. It is a twelve month contract commencing upon approval
and ending May 31, 2011 with the cost as follows:
$.80 cents per line with a minimum of 8 lines per issue
On motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to approve the contract
with the Eagle and authorized the County Judge to execute the
document. A copy is attached.
The Court next considered entering into a Tourism Entity
Agreement between Brazos County and the Bryan /College Station
Convention and Visitor's Bureau to appoint the Bureau as the
agent of the County for the promotion and development of
tourism. in Brazos County. Cost to the County is $25,000
annually. On motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously to approve
the Agreement and authorized the County Judge to execute the
document. A copy is attached.
Vol 134 Page 50
Commissioners Court meeting June I, 2010 4
The Court next considered a request from Constable
Precinct 1, Archie Clark, to appoint Rusty Trahan, as a non -
paid Deputy Constable. On motion by Commissioner Wassermann,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the request from Constable Clark to appoint Rusty
Trahan as a non -paid Deputy Constable subject to appointment
being within the allotted number of deputies.
The next matter for consideration was a request from the
Budget Office to redirect funds from the sale of two (2) 1989
John Deere motor graders from Road and Bridge Contingency to
the General Fund /Sale of Capital Assets. This is done to
reflect general accounting principals and not mix expenditures
and revenues. On motion by Commissioner Cauley, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the request.
The next matter before the Court was consideration of an
invoice from Affiliated Communication PASS for Avaya /Nortel
manufacturer support for one year, as a supplement to the
Affiliated maintenance contract. This is to be used if there
is an issue that cannot be fixed by Affiliated and is
escalated to manufacturer tech support. This will avoid the
minimum charge of $3,000 per incident. On motion by
Vol 13I Page �►
Commissioners Court meeting June 1, 2010 5
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve payment of the invoice.
The next matter for consideration was approval of tax
refund applications from the following individuals and /or
companies:
a. AM Trust Bank Tax Department, over payment $713.73
b. Nora E. Young, over payment $53.42
c. Kathy Wilson, over payment $200.00
d. Maaco Auto Painting & Body Works, over payment $6.49
e. Stampede Conversions, Inc., over payment $20.00
f. Bill Foxworth, over payment $544.72
g. Ocwen Loan Servicing LLC (2) , over payment $124.98,
$55.82
h. GMAC Mortgage, over payment $50.00
i. Chase Home Finance LLC, over payment $8.99
j. C &D Property Services, over payment $5.65
k. Yolanda R. Garcia, over payment $10.24
1. Jose & Teresa A. Ponce, over payment $129.56
m. Java Jitters, over payment $31.42
n. FDR Services, Inc., over payment $55.86
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the tax
refund applications.
The Court next considered a capital requisition in the
amount of $7,960.00 to Atlas Fire & Safety Equipment for the
Scott SCBA's for the Jail Expansion. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the capital requisition.
The Court next considered approval of requisition
#00029339 in the amount of $6,717.75 to Austin Ribbon and
Vol 13 y Page 9 a
Commissioners Court meeting June 1, 2010 6
Computers for the purchase of a server that will be used for
applications development. On motion by Commissioner Cauley,
seconded by Commissioner Mallard, the Court voted unanimously
to approve the requisition.
The Court next considered the request from LT Gathering
L.L.C. to construct a 50 foot road bore for a 6 inch O/D gas
pipeline in the right -of -way of Democrat Road approximately
4.91 miles east of its intersection with US Highway 190.
Included with the request is company check #3020 in the amount
of $500.00. The site is located in Precinct 2. The County
Engineer stated that all appeared to be in order and
recommended approval. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the request from LT Gathering L.L.C.
and authorized the installation. A copy of the request is
attached hereto.
The Court next considered approval of the Final Plat of
Straub Road Subdivision Lots 1 -3, Block 1, 13.20 Acre Tract in
Precinct 1. Richard Vance, County Engineer, stated that he
had reviewed the plat and all appeared to be in order. On
motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to approve the final plat
Vol 3`f Page 53
Commissioners Court meeting June 1, 2010 7
of the Straub Road Subdivision Lots 1 -3, Block 1, 13.20 Acre
Tract as submitted.
The Court next considered approval of the Final Plat of
River Rock Estates Subdivision, Lots 1 -4, Block 1, 10.32 Acre
Tract in Precinct 1. Richard Vance, County Engineer, stated
that he had reviewed the plat and all appeared to be in order.
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the final plat
of the River Rock Estates Subdivision, Lots 1 -4, Block 1,
10.32 Acre Tract as submitted.
The next matter for consideration was a payment
authorization in the amount of $25,000.00 to the Bryan - College
Station Convention & Visitor's Bureau for the Hotel Occupancy
Tax that is the County's contribution. On motion by the
County Judge, seconded by Commissioner Cauley, the Court voted
unanimously to approve the payment authorization.
The Court acknowledged receipt of the Extension Service
reports submitted in April and May 2010 and acknowledged
receipt of reports from the following County and Precinct
Offices showing revenues collected and remitted to the County
Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2, Place 1
Vol 13� Page 54
Commissioners Court meeting June 1, 2010
Justice of the Peace Precinct 2, Place 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable, Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Brazos County Events Facilities
Road & Bridge
Sheriff
8
A copy of the officials' reports can be viewed in the County
Auditor's office.
There were no announcements of interest items and
possible future agenda topics.
Under citizen input and /or concerns, the following
spoke:
Sheriff Chris Kirk
a) There were 546 inmates in jail, 59 have
monitors and 40 are pending for monitors.
Under Agency /Board /Committee reports by Court members,
the following spoke:
Commissioner Mallard
a) He met with the High Speed Rail committee
on Friday and reported that the Japanese
Government is interested in putting in a
similar system.
Commissioner Cauley
a) The Brazos Valley Museum of Natural History
has a fund raiser she would like the
Commissioners to participate in.
Vol 13� Page ss
Commissioners Court meeting June 1, 2010
b) The NAACP is having a Freedom Fund
Benefit at the Hilton on June 5, 2010.
c) She commended Eric Caldwell, Director of
the Information Technology Department on
the quality of the software demonstrations
current being done.
d) The Veterans Memorial project is underway
and names can now be added to the wall of
honor.
W
There being no further business to come before the Court,
the meeting was adjourned.
Vol 13 Page S L
The foregoing minutes of the Commissioners Court meeting held
June
1, 2010 have been examined and are approved
in open Court
this
the
day of L'AV
2010, in
Bryan, Brazos
County,
Randy
Count
Duane Peters
Commissioner, Precinct 2
Commissi -d
Attest:
aren McQueen`"
County Clerk
Floyd W sermann
Commissioner, Precinct 1
Kenny Mallard
Commissioner, Precinct 3
Vol 13 � Page cS7
BRAZOS COUNTY COMMISSIONERS COURT
Meeting on 4 1 2010 @ /
Name
Organization /Depart ent
R V
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PAGE of
vot. 134 P Se
BRAZOS COUNTY COMMISSIONERS COURT
Meeting on L�y—fL� , 2010
c�
Name I Organization / Department
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PAGE of _
Vol. 1 Pg. - 1
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR
NO. 09/10 — 33.1 thru 33.6
On this the 1' day of June 2010 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Irma Cauley, Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 1 June 2010 the Court heard and approved a budget amendment for the 2009-
2010 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 21 September 2009, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 1 day of June 2010.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. 13 pg. (D O
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 09110 - 33.1
6/1/2010
FUND
DIV
ACCT
PROJ
DRICR
ACCOUNT NAME
Increase
Decrease
3202
282300
71400000
CR
Peace Officers
8
3202
282300
61620000
CR
Subscriptions & Publications
4,600.00
3202
282300
65320000
CR
Equipment - Maint riance
9,000.00
3202
282300
71520000
CR
Rental - Vehicles
8,000.00
3202
282300
61680000
CR
Training
2,000.00
3202
282300
80890000
DR
Vehicles
24,800.00
3202
282300
60600000
DR
Office Supplies
5
3202
282300
61801000
DR
Travel
1,789.00
3202
282300
60500000
DR
Office Equipment
563.00
Brazos County Special Investigations Unit:
To reclassify budge to prover accounts to reflect changes approved by CJD for the SIU grant.
Vol. 134 Pg W
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 33,2
6/1/2010
FUNDI DIV I ACCT PROJ DR/CRI ACCOUNT NAME Increase Decrease
0100 34000100 72381000 CR Inpatient Services 380,700.00
0100 34000100 73500000 DR Health & Human Sery IGT 380,700.00
Indi ent Health Care
To reallocate funds to allow for the Inter ovenernmental Transfer approved by Commissioner's Court which is part of
the Affiliation Agreement with St. Joseph Regional Health Center. The IGT transfer amount was appro ved to be
$200,000 per quarter for FY 2010,
Prej�areii By !AU
Date ,s`r ;,: 5J26/2Q10;=
lo
vol. ) 3L1- Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 33.3
100
91110000
Hardware
for our
Vol. 1 34 P8• L0 3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 33.4
611/2010
0100 1 21000100 1 61500000
Clerk:
of funds to purchase the following court docket sheets and folders: mental file folders, probate file folders, civil file
neket sheets_ We do not have enough file folders and docket sheets to finish out the 09 -10 fiscal vear.
Vol. 13 4 pg
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 33.5
6/1/2010
4308
DIV
Vol.
)-- Pg s
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 33.6
ACCOUNT
MR
Vol. 13 q
Pg.
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: June 1, 2010
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Chanqe Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Ag Extension Besser, Emily Promotion
719
Ansley, fan
New Hire
Meyer, Jason
New Hire
Reynal, Jason
New Hire
SO — Jail Anderson, Randall New Hire
Mixon, Bradley New Hire
Tax Office Bomnskie, Tauna Resignation
Approved in Commissioners' Court: June 1, 20
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
, It'
Vol. 131+
Pg 0
The Eagle
CONTRACT FOR MUNICIPAL ADVERTISING
Date: May 21, 2010
To earn a reduced rate on municipal display advertising published in The Eagle, the undersigned Advertiser
hereby agrees to purchase space in The Eagle and to abide by all terms and conditions of this Contract.
Starting Date: June 1. 2010
Length of Contract: Twelve Months
Expiration Date: May 31, 2011
Rate: Daily' $12.95 inch. Sunday/ Holiday: $13.65 inch
"Note dates altered by Senior Buyer, Leslie Williams, to match Classified Line -Ad Contract expiration, dated
March 2, 2009 and expiring on March 2, 2010.
In the proposed system, the County will be guaranteed a set price per inch for the contract period without
regard to the number of inches run each month, nor will there be a minimum number of inches required.
This contract is based on nine column format. Ads running in retail on six column format would be converted
to nine column equivalents and the rate applied (as noted above).
A carrying charge of 1' /z% per month will be charged on all accounts not paid in full by the 15 th day of the
month following advertising insertion. The Advertiser also covenants to pay all costs incurred by The Eagle
enforcing this Contract, including collection and attorney's fees (up to 50% of the amount in default) should the
Advertiser default in payment.
For value received, Advertiser assigns to The Eagle all right, title and interest to all layouts of advertisements
placed with The Eagle which represent the creative effort of the newspaper and /or utilization of its own
illustrations, labor, composition or material. Advertiser understands that because of said assignment, he
cannot authorize photographic or other reproduction of any such advertising layout appearing in The Eagle in
any other publication without the express written consent of The Eagle.
It is further understood that this assignment does not preclude Advertiser from supplying to other publications
similar or identical material or information for production of advertisements by such publications or from
suggesting the content or form of such advertisements.
If disaster, work stoppage, newsprint rationing, or other emergency shall cause publishing difficulties, the
Publisher shall have the right to revise this Contract so as to prorate the available space on an equitable basis.
(Please print or type this section)
ADVERTISER: Brazos County Auditors ACCT: 01100513
Address:
Signed b,
Title: County Judge
For The Eagle /
Lori Burns
(sold by Lori Burns (approved by) (date of approval)
1729 Bciarctest P.O. Box 3000 Bryan, Texas 77805 (979) 776 -4444 w .theeagle.corn
Vot. L Pg. to
The Eagle
CLASSIFIED LINE AD CONTRACT
Date: Mav 21, 2010
BRAZOS COUNTY (Advertiser) agree to publish a minimum of 8 lines per issue in the Bryan /College
Station Eagle at a rate of .80 cents per line per day beginning June 1, 2010 to May. 31, 2011 for 12
months.
Advertiser further understands that failure to meet requirements of contract publication days, minimum
lines daily; will result in forfeiture of contract and all ads billed at open rate.
The advertiser will be guaranteed a set price per line for the contract period without regard to the number
of lines /inches run. This contract rate is based on nine column format.
A carrying charge of 1 %% per month will be charged on all accounts not paid in full by the 15th day of
the month following advertising insertion. The Advertiser also covenants to pay all costs incurred by The
Eagle enforcing this Contract, including collection and attorney's fees (up to 50% of the amount in
default) should the Advertiser default in payment.
For value received, Advertiser assigns to The Eagle all rights, title and interest to all layouts of
advertisements placed with The Eagle which represent the creative effort of the newspaper and /or
utilization of its own illustrations, labor, composition or material. Advertiser understands that because of
said assignment, he /she cannot authorize photographic or other reproduction of any such advertising
layout appearing in The Eagle in any other publication without the written consent of The Eagle.
It is further understood that this assignment does not preclude Advertiser from supplying to other
publications similar or identical material or information for production of advertisements by such
publications or from suggesting the content or form such advertisements.
If disaster, work stoppage, newsprint rationing, or other emergency shall cause publishing difficulties, the
Publisher shall have the right to revise this Contract so as to prorate the available space on an equitable
basis.
(Please print or type this section)
ADVERTISER: Brazos County. ACCT: 01102223
Address: 200 South Texas AVenue, yarrfiex@s 77 803
Signed by: !Z® 4 k Title: County Jud-g
Randy Sims
For The Eagle
Kit McDonal
(sold by) Kit McDonald (approved by) (date of approval)
CC: Classified Ad Rep
1729 Briarcrest P.O. Box 3000 Bryan, Texas 77605 (979) 776 -4444 w .theeagle.com
Vol. 13 I f p g . to 9
BRAZOS COUNTY
TOURISM ENTITY AGREEMENT
This Agreement is entered into between the Brazos County, a political subdivision of the
State of Texas (hereinafter the "County ") and the Bryan /College Station Convention and
Visitors' Bureau, (hereinafter the "Bureau ") under the authority of Tex. TAX. CODE ANN.
§352.1015 for the purposed authorized in of providing staff, visitor center facilities, support
services and assistance in §352.1015, including day -to -day operations and the development
and implementation of programs to promote and develop the tourism zone to visitors pursuant
to Chapter 352 of the Texas Tax Code.
This agreement is premised on the following:
1. The tourist trade is a significant part of the economies of the respective municipalities
of Bryan and College Station and the County of Brazos, Texas for which the continued growth of
such trade is necessary for the economic well being of the entire community.
2. The Bryan - College Station Convention and Visitor's Bureau was created for the
purpose of promoting tourism and has all necessary authority to enter into this Agreement.
3. The Bureau is a qualified tourism entity, as defined in TEX. TAX CODE ANN.
§351.101(c).
THEREFORE, it is agreed by the parties as follows:
1. The Bureau is appointed the agent of the County and the County's advisory
committee to promote and develop tourism in Brazos County.
2. Pursuant to TEX. TAX CODE ANN. §352.1015 (b) and (c), the Bureau shall maintain and
complete and accurate provide a budget record of all programs and activities funded with hotel
occupancy tax collected and funded to the Bureau by the County, including, but not necessarily
limited to; materials, and media reasonably necessary and proper to successfully promote,
develop and attract the tourist trade to the locality, sales and marketing staff, promotional and
advertising material, intemet and services, adequate accounting services, administrative
services, facilities, supplies and equipment for the same.
3. The Commission shall provide funding to the Bureau on an annual basis, pursuant to
TEX. TAX CODE ANN. §352.1015 (b) and the Bureau acknowledges that the functions delegated
to the Bureau creates a fiduciary duty in the Bureau with respect to the revenue funded by the
County pursuant to Chapter 352 of the Texas Tax Code and this Agreement. Funding for FY
2010 is $25,000.00.
Vol. '139 p g. ?0
4. The Bureau shall maintain all revenues funded by the County in a separate
account established pursuant to TEX. TAx CODE ANN. §352.1015 (a) and shall not comingle such
revenue with any other money.
5. The Bureau shall submit periodic reports to the Brazos County Commissioners
Court at least quarterly, lisiting the expenditures made in furtherance of the Bureau's duty to
promote tourism in Brazos County.
6. For purpose of evaluation, inspection, auditing or reproduction, the Bureau
agrees to maintain and make available to authorized representatives of the Brazos County
Auditor any and all books, documents or other evidence pertaining to the costs and expenses of
this Agreement and shall further keep a record of all services provided to the County under this
Agreement, and upon reasonable notice will provide information, records, papers, reports, and
other documents regarding services furnished as may be requested by the County. The Bureau
will maintain the records (as referenced above) for three (3) years after the termination of this
Agreement.
7. The Bureau shall assist the County in preparing annual reports required by TEX.
TAx CODE ANN. §352.1034. This report by the Bureau should include where the money received
from the County was spent and indicate the tourism; hotel and convention activity attributable to
events held at facilities that receive money from the tax revenues provided pursuant to Chapter
352 of the Texas Tax Code.
6. Except to the extent that a party to this Agreement seeks emergency judicial
relief, and without waiving governmental or sovereign immunity from suit, the parties agree to
negotiate in good faith in an effort to resolve any disputes related to this contract that may arise,
no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the
dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The
parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties
shall pay the costs of mediation services equally.
9. All notices required under this Agreement shall be in writing. They shall be sent
by fax or by registered US, mail, return receipt requested, to the party at the addresses listed
below. A party must provide notice of a change of address during the term of this Agreement.
Unless specified otherwise, notices required in this Agreement shall be deemed to have been
received when actually received.
10. If any court finds any provision of this Agreement to be invalid or unenforceable,
this finding shall not affect the validity or enforceability of any other provision of the Agreement.
11. No express or implied waiver by any party of any right of that party under this
Agreement in any specific circumstance shall be considered to waive that right of that party in
any other circumstance.
12. The term of this Agreement shall be for an initial si)deeer�i month period, effective
October 1, 2009 through September 30, 2010. This agreement may be renewed annually
thereafter for three years with the term of service running October 1 through September 30 of
each ensuing year unless either party to this Agreement, with at least six month's notice,
declines the renewal provision.
-�13. This Agreement is expressly made subject to Brazos County's Sovereign
Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal
and state law. The parties expressly agree that no provision of this Agreement is in any way
intended to constitute a waiver or any immunities from suit or from liability that the Brazos
voi. 134 Pg. --7
County has by operation of law. Nothing-in this Agreement is intended to benefit any third party
beneficiary.
14. This Agreement shall be construed under and in accordance with the laws of the
State of Texas, and al obligations of the parties created hereunder are performable in Brazos
County, Texas.
15. The Bureau may not assign or subcontract any of its rights, duties and/or
obligations arising out of this Agreement without the prior written consent of Brazos County.
16. In case anyone or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceable provision shall not affect any other provision thereof and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never
been contained therein.
17. This Agreement constitutes the sole and only Agreement of the parties hereto
and supersedes any prior understandings or written or oral agreement between the parties
respecting the within subject matter.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND
EFFECT OF AN ORIGINAL.
IN WITNESS WHEREOF, we hereunto affix our signature thi�day of 2010
Brazos C
0 �0
Randy Sims, ounty Judge
Authorized Representative
V0 1. 13'+ Pg.
BRAZOSCOUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: June 1, 2010
ITEM: Reauest from LT Gathering, L.L.C. to construct a 50 ft. road bore for a 6 inch O/D gas
pipeline in the right of way of Democrat Road approximately 4.91 miles east of its intersection with
US Hwy 190: pipe will be bored at a depth of 10 ft. Company Check No. 3020 in the amount of
$500.00 for the permit accompanies this request. Site is located in Precinct 2.
Deposit to Account No. 01- 460650
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 I) 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 mid 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 Hi¢hways, published by the Texas Department of Transportation, and all other State and Federal laws
governing utility construction.
NOTES /EXCEPTIONS
ACTION REOUESTED OR ALTERNATIVES
SUBMITTE BY: (APPROVED BY:
Richard F. Vance, P.E. Commissioner E. Duane Peters
County Engineer Precinct 2
CC2010 -029
This Request is Approved 1, Denied ❑ by Commissioners' Court
Date: (ohw //c-� "q , /
Randy Siyaf, County Judge
Vol. 13 P �3
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
FROM:
REF:
LT GATHERING, L.L.C.
Crossing x and /or Parallel installation
333 CLAY STREET, SUITE 4500
_
Road' DEMOCRAT ROAD
HOUSTON, Tx 77002
Precinct Number:
Formal notice is hereby given that (applicant) LT GATHERING, L.L.C. proposes to
place a (type) 6• O/D GAS pipeline within the right -of -way of (road)
DEMOCRAT ROAD in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by three
copies of the drawings attached to this notice.
I understand and agree:
1. The County Engineer must be notified prior to the beginning of construction in order that a
designated inspector may Inspect the actual installation.
2. That all damage to the roadways and nghls -of -way will be repaired to their original condition to
the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or lower any such line
at no cost to Brazos County, should some become necessary due to widening or lowering, or
other alteration of the roadway or right -of -way.
4. That Brazos County will in no way be responsible for any damage which may occur to any
existing utility lines in the right -of -way.
S. That 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. That the line or lines will be constructed no less than forty -eight inches (48'1 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. That all roads shall be bored in accordance with the Utility Accommodation Policy of the Texas
Department of Transportation dated 1989.
8. That all sites will be barricaded during the construction period.
9. That the normal charge is $500.00 per crossing and /or $130.00 per rod when paralleling the roadway
established by the Commissioners Court on December 21, 2004-
10. 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,
11. Construction shall be in strict conformance to the latest Texas Manual on 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.
Construction of this line will begin on or after the 1st day of June 2010
APPROVED BY COMMISSIONERS'
COURT ON: / /
Pt
pJ A
c
fi r- � >,•�r
v� ✓ >.�)
APPLICANT:
LT GATHERING, L.L.0
Company Name
RICHARD HERBST, ROW AGENT
Representative /Title Company
(361) 6546500
Telephone Number
Vol. ) 3 q Pg. 7
Revised 12f21104
Vol. -- - if ZL _ p 5