Loading...
HomeMy WebLinkAbout2010-07-13-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 13 JULY 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 citizens' input and/or concerns. Consider and take action on agenda items 3 — 23: 3. Budget Amendment 09/10 - 39.1 thru 39.8. 4. Personnel Change of Status. 5. Payment of Claims. 6. Payment Authorization in the amount of $931.68 to Knife River for price correction/base for Bid # 2010 -05R for Straub Road for the Road & Bridge Department; a purchase order was obtained, but closed out. 7. Payment Authorization in the amount of $2,618.96 to Texas Commercial Waste for solid waste hauling for the Road & Bridge Department; a purchase order was not obtained in advance. 8. Payment Authorization in the amount of $4,298.53 to Bryan Texas Utilities for relocation of 2 poles, 1 on Straub Road and I on Wilcox Lane for the Road & Bridge Department; a purchase order was not obtained. Office of the County Judge - 200 South je5 5e. i Stter 332 •��yan, Texas 77803 Fax: (979) 361 -4503 Commissioners Court Agenda 13 July 2010 Page 2 9. Contract and Agreement for Secure Short-Term Detention of Juvenile Offenders Space Available with Victoria County. Term of Agreement is 01 September 2010 thru 31 August 2011 10. Contract and Agreement for Secure Long -Term Detention of Juvenile Offenders Space Available with Victoria County. Term of Agreement is 01 September 2010 thru 31 August 2011. 11. Tax Refund Applications for the following a. Marvin, Rosalind R. It. Castro, Adam & Shannon c. Fairbanks, Len 12. Out of state travel request from the 36151 District Court for Judge Smith to attend the Annual Meeting of the Judicial Division of the American Bar Association in San Francisco, California. Dates of travel are 4 -8 August 2010. 13. Appointment of Dr. Gary Potter as Fire Commissioner for Brazos County Emergency Services District #1. Dr. Potter is replacing A.P. Boyd. 14. Amendment to Article XVII — Regulations of Brazos County, Texas for the Construction of Driveways, Culverts, Sidewalks, and Mailboxes within County Easements and Rights -Of -Way. Original Regulations were adopted by Commissioners Court on 18 May 2010. 15. Interlocal Cooperation Contract with the Texas Department of Public Safety for an automated failure to appear system. 16. Capital requisition in the amount of $34,175.36 to Ace Mart Restaurant Supply for a commercial dishwasher for the Brazos County Jail Expansion. 17. Capital requisition in the amount of $6,203.75 to Hobart for the installation of a commercial dishwasher for the Brazos County Jail Expansion. 18. Change Order to P.O. # 10003429 in the amount of $2,700.00 to'Anixter, Inc for the cabling parts on the North Wing Project. The original amount on the P.O. was $9,300.00. 19. Capital requisition #00029895 in the amount of $1,000.00 to Standard Automatic Fire Enterprises, Inc. for the repack of leaky valves in the vault located in the Brazos County Detention Center. 20. Addendum to Exhibit 1 of the Automated Teller Machine (ATM) Location Agreement between Brazos County and ATM Ventures/Brazos Valley Bank dated October 1, 2008. 21. Application for Indigent Defense Expense Reimbursement. Vo1.� Pg.�� Commissioners Court Agenda 13 July 2010 Page 3 22. Establishment of a Selection Committee for CSP 2010 -38, Exposition Center Paved Fairgrounds, with the following membership: a. Randy Sims b. Duane Peters c. Gary Arnold d. Bill Ballard e. Irene Jett f. Charles Wendt (non- voting) 23. Resolution 10 -012 supporting the establishment of Regional Infrastructure Improvement Zones (RIIZs) into Federal Law to assist in addressing the nationwide infrastructure funding shortfall. 24. Announcement of interest items and possible future agenda topics. 25. Call for citizens' input and/or concerns. 26. Agency / Board / Committee reports by Court members. 27. Adjourn voi. 135 Pg.___ --- Commissioners Court Agenda 13 July 2010 Page 4 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 I and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decomm in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. Tgm a arrangements, please call (979) 361 -0102. Vol. — Pg. f / COMMISSIONERS' COURT REGULAR MEETING JULY 13, 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, July 13, 2010 with the following members of the Court present: Randy Sims, County Judge, Absent; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2, Presiding; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Commissioner 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 -39.1 through 39.8 that would reallocate funds for Constable, Precinct 4, Constable, Precinct 1, Jail Expansion 2007, Bryne Justice Assistance, Sheriff Office -SIU, 361st District Court; transfer funds from Contingency to Road and Bridge Department, Vol 1 35 Page 7 5 Commissioners Court meeting July 13, 2010 2 from Information Technology Department to Capital Improvements. On motion by Commissioner Mallard, 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: 7076378 through 7076551 On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a payment authorization in the amount of $931.68 to Knife River for price correction /base for Bid #2010 -05R for Straub Road. A purchase order was obtained but closed out. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. Vol 135 Page i (o Commissioners Court meeting July 13, 2010 3 The Court next considered a payment authorization in the amount of $2,618.96 to Texas Commercial Waste for solid waste hauling for the Road and Bridge Department. A purchase order was not obtained in advance. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The next matter for consideration was a payment authorization in the amount of $4,298.53 to Bryan Texas Utilities for relocation of 2 poles, 1 on Straub Road and 1 on Wilcox Lane for the Road and Bridge Department. A purchase order was not obtained in advance. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered a Contract and Agreement for Secure Short Term Detention of Juvenile Offenders Space Available with Victoria County. Commissioner Cauley moved to approve. Commissioner Wassermann seconded the motion. After some discussion in which Bill Jeanes, Risk Manager brought up liability issues pertaining to juveniles being retained by Victoria County. Commissioner Cauley asked Dr. Doug Vance, Director of Juvenile Services if he thought a hold harmless clause would prevent him placing juveniles in the facility. Dr. Vance replied that he didn't know but it was probably a Vol 135 Page 77 Commissioners Court meeting July 13, 2010 4 good idea. Tina Snelling, Civil Counsel reminded the Court that last year there was one county that refused to add the clause. She wasn't sure if it was Victoria County or not. There is liability insurance in the contract she said. Dr. Vance said that there were currently two juveniles house in Victoria. Commissioner Mallard suggested maybe more liability insurance was needed. Commissioner Peters asked Dr. Vance if Brazos County had a contract with Victoria County to take their juvenile offenders. Dr. Vance replied we did not. Commissioners Cauley and Wassermann rescinded their motion and second and then on motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to remove this item from the agenda. The next matter for consideration was a Contract and Agreement for Secure Long Term Residential Service of Juvenile Offenders Space Available with Victoria County. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to remove this item from the agenda. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Rosalind R. Marvin, over payment $11.04 b. Adam & Shannon Castro, over payment $13.98 c. Len Fairbanks, over payment $46.29 Vol 13 5 Page Commissioners Court meeting July 13, 2010 5 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The next matter for consideration by the Court was a request submitted by Steve Smith 361st District Court Judge seeking approval for out of state travel for himself to travel to San Francisco, California to attend the Annual Meeting of the Judicial Division of the American Bar Association August 4 through the 8, 2010. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the 361st District Judge and approved payment of out of state travel expense for Judge Steve Smith. The Court next considered the appointment of an individual to serve as Fire Commissioner for Brazos County Emergency Services District #1 to replace A. P. Boyd. On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to appoint Dr. Gary Potter as Fire Commissioner for Brazos County Emergency Services District #1 to replace A. P. Boyd. The next matter for consideration was approval of Amendment to Article XVII - Regulations of Brazos County, Texas for the Construction of Driveways, Culverts, Sidewalks Vol 135 Page 71 Commissioners Court meeting July 13, 2010 6 and Mailboxes within County Easements and Rights -of -Way. The original regulations were adopted by Commissioners Court on May 18, 2010. Commissioner Wassermann explained that these were minor adjustments recommended by the Road and Bridge Department Clerks. On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to approve the Amendment. A copy is attached. The Court next considered an Interlocal Cooperation Contract with the Texas Department of Public Safety for an automated failure to appear system. This system will provide information necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy judgment ordering payment of a fine and cost in the manner ordered by the court in a matter involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Interlocal Cooperation Agreement with the Texas Department of Public Safety for an automated failure to appear system and authorized the County Judge to execute the document. A copy is attached. The Court proceeded to consider a capital requisition in the amount of $34,175.36 to Ace Mart Restaurant Supply for a Vol 13 Page SO Commissioners Court meeting July 13, 2010 7 commercial dishwasher for the Brazos County Jail Expansion. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the capital requisition. The next matter for consideration was a capital requisition in the amount of $6,203.75 to Hobart for the installation of a commercial dishwasher for the Brazos County Jail Expansion. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the capital requisition. The next matter for consideration was a request from the departments of Purchasing and Information Technology seeking approval for a change order on PO #10003429 for the cabling parts on the North Wing Project purchase order was for $9,300 The original amount of the The change order is in the amount of $2,700.00 for the additional work. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered requisition #0029895 in the amount of $1,000 to Standard Automatic Fire Enterprises, Inc. to repack the shut off valves in the vault located in the Brazos County Detention Center. On motion by Commissioner Vol I b5 Page 81 Commissioners Court meeting July 13, 2010 8 Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The next matter for consideration was an addendum to the ATM Agreement with ATM Ventures to locate an automated teller machine in the Brazos County Health Department. ATM Ventures will be solely responsible for all costs and expenses incurred in the installation or build out to accommodate the ATM and for all costs and expenses incurred in the installation and usage of all telephone lines and /or equipment needed for the ATM. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the addendum. A copy is attached. The Court next considered an application for reimbursement to the Texas Task Force on Indigent Defense in the amount of $245,428.38 for a capital murder trial. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the application. A copy is attached. The Court proceeded to consider the establishment of a selection committee for Competitive Sealed Proposal (CSP) 2010 -38, Exposition Center Paved Fairgrounds. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Vol 135 Page 9 a Commissioners Court meeting July 13, 2010 :, Court voted unanimously to appoint the following individuals to serve on the committee: Randy Sims, County Judge Duane Peters, Commissioner, Precinct 2 Gary Arnold, Road and Bridge Department Bill Ballard, Civil Counsel Irene Jett, Budget Officer Charles Wendt, Assistant Purchasing Agent (Non Voting) The Court next considered a Resolution supporting the establishment of Regional Infrastructure Improvement Zones (RIIzs) into federal tax law to assist in addressing the nationwide infrastructure funding shortfall. Commissioner Peters commented that the City of College Station had already passed this resolution. The Metropolitan Planning Officer was present and stated that this would be at no cost to the county. on motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to adopt the resolution. A copy is attached. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Discussed carving out the retirees from the current health insurance policy and putting them into a separate policy. He said the Court would need to look at it and perhaps have a workshop on this. Under citizen input and /or concerns, the following spoke: Vol 135 Page 95 Commissioners Court meeting July 13, 2010 Sheriff Chris Kirk a) There were 584 inmates in jail, 47 have electronic monitors and 41 are pending for monitors. Commissioner Peters a) He got to look at the new jail yesterday. He thinks it will be a real asset to Brazos County and may require fewer staff members. IN There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 135 Page 0 The foregoing minutes of the Commissioners Court meeting held July 13, 2010 have been examined and are approved in open Court this the 1%T" -- Brazos County, Texas. day of 2010, in Bryan, Randy Si County J Lloyd Wassermann Commissioner, Precinct 1 \" �e ru Duane Peters Kenny Mall d Commissioner, Precinct 2 Commissioner, Precinct 3 Attest: Karen McQueen County Clerk Vol 135 Page g� BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2010 @ Name Organization / Department MIA/ C ) hLOW&lk 13 C's� AA 50 V11. 16 J- PAGE I of 2— vol. 36 _ Pg. �� BRAZOS COUNTY COMMISSIONERS COURT Meeting on / 2010 @ 7./ -O CD Name Organization / Department PAGE Z of Z Vol. �.�� pg• BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 39.1 thru 39.8 On this the 13'" day of July 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 13 July 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 13 day of July 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Randy Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 135 Pg. 99 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 39.1 7/13/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30401100 60600000 CR Office Supplies 245.00 0100 30401100 67286000 DR Equipment - Other 245.00 Constable Precinct #4: Reallocation of funds to purchase Crack/Conaine tests and Office ID's. vol. 155 Pg F9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 39.2 7/13/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2500 30110000 65950000 CR Vehicle Maintenance 2,013.10 2500 30110000 80890000 DR Vehicles 2,013.10 Constable Pct #1: Forfietures Reallocation of funds to cover cost diffemce in outfittin and installation of 2 cars. V. 1 1 . J� Pg. r D BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 39.3 7/11/7010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 1.4000100 67203000 CR IT -Minor Computer Hardware 2,860.00 0100 91110000 DR Transfer to Capital Improvements 2,860.00 4500 49028000 CR Transfer fm General Fund 2,860.00 4500 63000600 67205000 DR Network Costs 1,900.00 4500 63000600 60500000 DR Office Equipment 960.00 Information Technology & North Wing Renovations: Transfer of funds to cover die costs assocaiated with network and equipment renovations to the North Wing. Vol. 13-5 pg. 91 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 39.4 Jail Jail Expansion 2007: To rellocate funds for the purchase of Commercial Dishwasher and installation. This budget amendment is for proper account coding Vol. 1' 35 pg. _ I a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 39.5 of grant funds to purchase additional equipment for Arbitrator system at the Sheriffs Office for booking & intoxication Vol. '_ 3_---- -5—__ Pg--------- _ BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 39.6 71VIM1n FUNDI CCT PROJ DR1CR ACCOUNT NAME Increase Decrease 3202 282300 51620000 CR Hourly-Overtime 5,000.00 3202 282300 61120000 CR Confidential Funds 15,000.00 3202 282300 65350000 CR Gasoline 6102.00 3202 282300 71400000 CR Peace Officers 17,344.00 3202 28 2300 80890000 DR Vehicles 43 446.00 Sheriffs Office: SM To reclassify budget for approved grant budget amendment from CJD. J Vol. 15 5 pg. � / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 39.7 7/13/2010 FUNDI DIV I ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 1 22200100 1 65450000 CR Office Equipment Maintenance 100.00 0100 22200100 60170000 DR Copier/Printer/fax supply 100.00 361st District Court: Reallocation fo funds to cover the cost of a printer cartridge. Vol. 15.5 pg. 5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 39.8 7/13/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 1,800.00 0100 56001000 72590000 DR Professional Fees - Other 1,800.00 General Fund Contigency & Road and Bridge: Transfer of funds to cover the cost to test and inspect for Asbestos and mold. Vol. 135 Pg. 91P PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 13, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Chanoe Reauests Department Submitting Employee Request Action Requested Request(s) Applies To JP Pct 3 Juvenile Boyett, George Add Data Plan Hightower, Joselyn Demotion Approved in Commissioners' Court: July 13, 2010: County Judge's or Commissioner's Signature: LL -) (This Copy to be attached to minutes) vo1. 135 Pg. q 7 ARTICLE XVII REGULATIONS OF BRAZOS COUNTY, TEXAS FOR THE CONSTRUCTION OF DRIVEWAYS, CULVERTS, SIDEWALKS, and MAILBOXES WITHIN COUNTY EASEMENTS AND RIGHTS -OF -WAY SUMMARY OF THE REGULATION DRIVEWAYS, SIDEWALKS, MAILBOXES and CULVERTS The area between a private property line and the private property line across the road is called the County Right -of -Way. Because the Right -of -Way is Brazos County property, a driveway, sidewalk, mailbox or any structure built or located within that Right -of -Way is a trespass and will require county permitting before beginning construction. Situations where permits are required: • New residential or commercial driveway and/or sidewalk construction; • New residential or commercial culvert placement; • New residential or commercial mailbox placement • Extension of existing culverts; • Widening of existing driveways; • Replacement of driveway, sidewalk, mailbox or culvert; and, • Repair of existing driveways. Brazos County requires a completed driveway /culvert permit application and an accurate site plan, including a legal description, prior to a request for a permit. Upon approval, the permit will be issued to the requester and filed in the Real Estate records of the Brazos County Clerk and become an official record. MAILBOXES The placement and construction of individual mailboxes will be strictly enforced because of the danger posed to citizens from the placement of mailboxes too close to the driving surface. Any proposed subdivision consisting of four or more lots of one (1) acre or less in size shall utilize a cluster box system for mail. The County shall allow brick or other masonry mailboxes only if they are placed a minimum of five feet from the driving surface. Furthermore, the County maintains the authority and discretion to remove or require to be moved any mailbox it deems to be unsafe. AUTHORITY The Brazos County Commissioners Court has the authority to regulate subdivisions pursuant to Texas Local Government Code §232 and the obligation to protect the public health, safety and welfare of the citizens of Brazos county. Adopted May 18, 2010 Vol. '3— pg. 0' 19 PRIOR VIOLATORS Any concrete driveway or mailbox within five feet of the driving surface that was constructed prior to the adoption of this amendment is a violation of the Brazos County Rules and Regulations governing Subdivisions and those structures will continue to constitute a violation. However, the Brazos County Commissioners' Court has elected to allow those structures to remain in place at this time. Each structure constructed in violation will be evaluated individually to determine if it represents a danger or in any way negatively affects drainage. If the County Engineer or his designee deems any of these structures to be unsafe or a negative impact on drainage, the owner will be required to remove or move the structure at the owner's expense. In addition, the Brazos County Commissioners' Court in no way waives its right to bring civil and/or criminal action against any owner in violation of its Rules and Regulations. As used in these Regulations, the following words and phrases have the following meanings: A. County or public easements or rights -of -way" mean any right, title or interest in land acquired, claimed or maintained by Brazos County for road and road drainage. B. "Person" means any individual, corporation, partnership, limited partnership, joint venture or other entity. C. "County Engineer" means the County Engineer or a designee of Brazos County, Texas. D. "Drainage easement" is an area intended for restricted use on property upon which an authorized government ageny shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or operation of any of its respective drainage systems within any of these easements. An authorized government agency shall at all times have the right of unobstructed ingress and egress to and from and upon the drainage easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing from all or part of its respective drainage systems without the necessity at any time of procuring the permission of anyone. E. "Roadway" means the portion of the improved surface of the County or public easement or right -of -way used for travel by vehicular traffic which is usually constructed of concrete, asphalt, gravel, shell or other material providing a hard surface. F. "Driveway" means an improved surface used for vehicular access from the edge of a County roadway to the right -of -way or easement line. Adopted May 18, 2010 2 VOI.___J5 _ Pg.--1O/ G. "Culvert" means a hollow structure of material consisting of concrete, metal, steel, or corrugated HDPE (High Density Polyethylene) which provides waterway openings to conduct water for drainage purposes. H. "Sidewalk" means an improved surface used for pedestrian traffic along the County right -of -way or easement. I. "Start of Construction" means the commencement of any grading, excavation, removal of concrete curb, or setting of culvert pipe on County or public easements or rights -of -way. J. Easement: is a right given by the owner of a parcel of land to another person, public agency, or private corporation for the specific and limited use of that parcel. A privilege or right of use or enjoyment granted on, above, or across a particular tract of land by one owner to another. GENERAL PROVISIONS A. permit is prohibited. B. For driveways that currently connect to existing county roads Applications for permits for the construction of driveways, sidewalks and culverts on County or public easements or rights -of -way, other than state highways and roadways, shall be made to the County Engineer. Upon approval, the County will install the culvert, with the exception of culverts being covered by concrete, in accordance with these rules and the attached fee schedule. Applicant will be responsible for the purchase and delivery of the properly sized and approved culvert to the site of installation C. For driveways that do not currently connect to existing county roads Applications for permits for the construction of driveways, sidewalks and culverts in platted subdivisions that will request acceptance of the roads within that subdivision into the County road system shall be made to the County Engineer. Upon permit approval, the Applicant, at their expense, shall install the culvert in accordance with these rules. Upon the acceptance of the road to the county road system, future culvert replacement shall be in accordance with B above D. For concrete driveways The construction of concrete driveways currently joining or anticipated to join county roads is discouraged. Applicants wishing to construct concrete driveways assume all responsibility for construction. Applicants wishing to complete a concrete driveway upon a county right of way shall: 1. Purchase and install the properly sized and approved pipe Adopted May 18, 2010 Vol. / 3 Pg. /00 2. Driveways within the right -of -way may be constructed of concrete pavement, brick or stone pavers, or other rigid pavement material only if the following conditions are met and agreed to by the property owner: a. Metal or steel culvert pipes cannot be used with concrete pavement driveways, only concrete or corrugated HDPE (High Density Polyethylene) pipe is allowed for concrete driveways. b. If removal of a portion of a concrete driveway is required by Brazos County in order to replace the culvert, rehabilitate the county road, design drainage, or for any other reason, Brazos County will not remove or replace the concrete pavement. The Owner assumes all responsibility for the costs of removal and replacement of the driveway and will do so at the request of the Brazos County Road and Bridge. Failure of the owner to do so may result in legal action and remedial measures, including the County's destruction of the driveway. C. Expansion or keyway construction joints shall be constructed in the concrete pavement parallel to the culvert approximately 2' from either side of the culvert to allow for the future replacement of the culvert pipe. d. The builder will be responsible for installing an expansion or keyway construction joint approximately three (3) feet from the edge of the roadway driving surface. This procedure is necessary so when the road surface requires rebuilding it will not be necessary to saw off the edge of the concrete. e. Applications for permits for the construction of concrete driveways, sidewalks and culverts on County or public easements or rights -of -way, other than state highways and roadways or in platted subdivisions that will request acceptance of the roads within that subdivision into the County road system shall be made to the County Engineer. Upon permit approval, the Applicant, at their expense, shall install the culvert in accordance with these construction rules. E. Permit Requirements When an application for a driveway with culvert or sidewalk is filed, the applicant will provide the County Engineer with the data needed to determine the following: The location of the driveway, sidewalk and/or culvert within the County or public easement and right -of -way. 2. The location of all physical objects such as drainage inlets or catch basins within the portion of the driveway or sidewalk which is within the County Adopted May 18, 2010 4 Vol. )36 pg. /� / or public easement or right -of -way that might conflict with the construction of the driveway. The applicant must provide the location of all man-made objects within the portion of the driveway or sidewalk which is within the County or public easement or right -of way. 3. That a driveway constructed over a roadside ditch culvert conforms to at least the geometric requirements of the drawings. 4. That the maximum width of a driveway serving a single family dwelling or an agricultural property and connected to a County street or road with roadside ditches shall not exceed forty (40) feet. That the maximum width of a commercial driveway over a roadside ditch shall not exceed sixty (60) feet. 6. That an island proposed within a commercial driveway or residential street is prohibited. That driveways proposed to be located on a corner lot is not shown to be located within any portion of public street curb radii. 8. Whether a special design is required whenever the driveway may be proposed in a location hazardous to traffic safety. 9. The proposed culvert conforms with these Regulations. 10. That driveways located on the same property shall be separated by a minimum of ten (10) feet. 11. The location of the culvert by staking the beginning and the end of the proposed culvert on the ground and showing the distance from the nearest property comer or intersecting street or road. 12. Whether the culvert will provide ultimate access to a single family dwelling or whether it will serve another type of land use. 13. Any culvert installed by contractors other than Brazos County Road & Bridge personnel must make sure the inside of the culvert is even (parallel) with the ground on the upstream end and there is at least a slight downward slope to the culvert. 14. Some mailboxes may fall into the ditch line in order to be five (5) feet from the road surface. In that case a short culvert pipe may be required to have a level area for the mailbox. That culvert size must be the same as the driveway culvert. Adopted May 18, 2010 5 Vol. 135 Pg. l 0 a The County Engineer shall review the application and supporting information and determine the following: The size of culvert. (The minimum culvert diameter shall be fifteen (15) inches.] 2. Whether the proposed culvert conforms to all other requirements of these regulations. G. Construction pursuant to the permit should be commenced within sixty (60) days and be completed within ninety (90) days from the date of issuance of the permit if installation is to be accomplished by anyone other than Brazos County Road & Bridge Dept. H. Permits for the installation of driveways, sidewalks or culverts must be obtained from the County Engineer prior to the start of construction. I. All permits issued by the County Engineer for the construction of driveways, sidewalks or culverts on a County or public easement or right -of -way shall require conformance with these Regulations including Brazos County Engineering Department Drawings and any subsequent amendments or revisions thereto as promulgated by the County Engineer. J. The County Engineer shall publish forms to be used in the administration of these Regulations. CONSTRUCTION and INSPECTION Proposed concrete or hard surfaced driveways will be inspected by the County one (1) time, and it becomes the responsibility of the property owner to notify the County when the construction phase has reached that point. Any failure to follow procedures in the construction of a concrete driveway, or a change in drainage characteristics of the area may result in the County demanding the removal of the driveway lying upon Brazos County right -of -way. If the owner refuses to comply with county regulations, the County may seek all means to enforce its right. A. Driveways connecting to concrete curb and gutter roadways shall be inspected after the placement of reinforcing steel and prior to the placing of concrete, and again after the concrete placement for conformance with County standards. B. Driveways connecting to asphalt roadways without curbs and gutters will be inspected after the placement of materials for conformance with the geometric requirements of these Regulations. Adopted May 18, 2010 6 Vol. _____ �J ---Jr" _. pg. 103 C. The installation of culverts shall be governed by the following procedures: 1. Culverts shall not be set until placement stakes are provided by the property owner. D. All driveways requiring special geometric design shall be inspected for conformance with drawings. E. Additional Requirements Application or permit on concrete or hard surfaced driveways being constructed by property owner will expire sixty (60) days from date filed. 2. Applicant will be responsible for the purchase and delivery of county approved culvert to site. 3. Applicant will contact office at (979)822 -2127 when culvert is on site. 4. Regular installation of a culvert/driveway and cover material by Brazos County Road & Bridge personnel, on a non hard surface (County maintained subdivisions and roads only) will be accomplished when weather and work schedule permit. 5. NO HEADWALLS or other vertical concrete structures will be constructed on driveway culverts in the county right -of -way. 6. ALL PERMANENTLY CONSTRUCTED MAILBOXES MUST The Applicant shall hold harmless the County of Brazos and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. The Applicant shall not erect any sign on or extending over any portion of the county road right -of -way. 9. Brazos County reserves the right to require the land/property owner to make any changes, maintenance or repairs as may be necessary to provide protection of life of property on or adjacent to the roadway. Changes in design will be made only with approval of the County Engineer /designee of Brazos County, Texas. 10. Brazos County reserves the right to remove any improvements or obstructions in county rights -of -way should the applicant fail to comply with all the aforementioned requirements. 11. Culverts will be placed a minimum of ten (10) feet from the property line. Adopted May 18, 2010 Vol. 135 Pg. -- 4 12. Brazos County will install only one (1) culvert/driveway; additional accesses will be at owner's expense. No additional driveway(s) will be constructed by Brazos County for properties with pre - existing accesses /entrances; these requests will be "size only" as required by county specifications for roads intended for future county maintenance acceptance. 13. Multiple accesses will be installed, per #12 and #13 above, with a minimum of ten (10) feet between culverts. ENFORCEMENT The County Engineer shall be charged with the enforcement of these Regulations. If any person violates any provision of these Regulations the County Engineer will attempt to obtain compliance with these Regulations. In the event the County Engineer is unable to obtain compliance within a reasonable time the County Engineer may so report to the Commissioners' Court and the following remedies may be pursued: A. If any person engages in the construction or repair of a driveway, sidewalk or culvert crossing a County easement or right -of -way without a permit, the Commissioners' Court may direct the County Attorney to file suit to enjoin the violation of these Regulations. B. If any person engages in the construction or repair of a driveway, sidewalk or culvert in any manner except as specified in the permit issued by the County Engineer, the Commissioners' Court may direct the County Attorney to file suit to enjoin the violation of these Regulations. C. If any person engages in the construction of a driveway, sidewalk or culvert crossing a County easement or right -of -way without a permit, or if any person engages in the construction or repair of a driveway or culvert in any manner except as specified in the permit issued therefore by the County Engineer, the Commissioners' Court may order the landowner to remove or repair the driveway or culvert at the landowner's expense. [Texas Local Government Code §81.022 and 81.023, provides that the Commissioners' Court may punish contempt by fine not to exceed twenty-five dollars ($25.00), or by imprisonment not to exceed twenty-four (24) hours and in case of fine, the party may be held in custody until the fine is paid.] D. Any person securing a permit under these Regulations must certify to Commissioners' Court that the terms, provisions and conditions of the permit will be complied with. Violation of this certification constitutes contempt of Commissioners' Court. Adopted May 18, 2010 8 vol. 35 Pg. /05 E. If the Commissioners' Court finds a person to be guilty of contempt, it may enter such orders consistent with general law as it deems appropriate to punish the person guilty of contempt, and may enter such order and further orders enforceable by civil and criminal contempt, and consistent with its authority under general law, as Commissioners' Court deems necessary to enforce and protect its jurisdiction over the matter and to uphold the integrity of these Regulations. F. The procedure for contempt proceedings before Commissioners' Court will be consistent with procedures in actions before other courts in this state for enforcement of court orders, and for the protection of the jurisdiction of courts by process of contempt. Provided, however, that the person shall be given ten (10) days notice of said contempt proceeding by certified or registered mail, return receipt requested. EXCEPTIONS An appeal for exception to these Regulations will be considered on the following basis and only after good and sufficient cause has been demonstrated by the applicant for an exception: A. Upon denial of permit, the applicant may appeal the County Engineer's decision by stating and submitting his reasons in writing to the County Engineer and within ten (10) days of the denial of said permit. B. The County Engineer shall review the appeal and within fifteen (15) days of receipt of the said appeal, shall reduce his findings to writing and submit his findings and recommendation to Commissioners' Court. The applicant shall be provided with a copy of the County Engineer's recommendations and may appear before Commissioners' Court to support his appeal. RECORDING All applications and file copies of permits issued pursuant to these Regulations shall be maintained by the County Engineer as part of the permanent records of his office. In addition, the completed permit for construction shall be filed among the real estate records of Brazos County and become a part of the official records. EFFECTIVE DATE These revised Regulations shall become effective upon adoption by Commissioners' Court. Adopted May 18, 2010 Vol. /�55 pg. /0& SEVERABILITY The provisions of these Regulations are severable. If any word, phrase, clause, sentence, section, provision, or part of these Regulations should be held invalid or unconstitutional, it shall not affect the validity of the remaining provisions, and it is hereby declared to be the intent of the Commissioners' Court that these Regulations would have been adopted as to the remaining portions, regardless of the invalidity of any part. FEES The Installation Fee charged if Brazos County Road & Bridge personnel install the culvert for the permit applicant is shown on the Culvert Permit. (See attached fee schedule on Culvert Permit Form) Page 12. APPROVED AS AMENDED: {or Randy Sims, County Judge date Adopted May 18, 2010 10 Vol. /35 Pg. /07 y YI 1fpN NINMOmro'muP�PR'ppe M.'Odli A p.�w Ce�n4�VaYlutl�,W� ,MeOY�e1HMu yr tm� F�IYUNiPNA IN _IVNw `..._ — eM��nworb- --�- -� �OMkrixlufdnbe .. e�uwlmNVr nwwurww. vPlmvNauxav awlo:eolwma � wlearol+++r ThP81KlN•Tim ♦ a \ ppe eGN Ov 1 1lL4 PRA'RYAr eon+eP• a eawonr iaa. rd°enel c�wttnNewu®mn.vau.aat PdUPAaPed rd lr�+d i+a'aaxw,Axwmoprvm++W weruu•mm baN$N nmmMPedm^ @M1m6GSVNfY ra•'emYmm. MMmnm w+mwuwwwnn fs' °WA MMMwN lem{m mevnmt le lP NO CONORFM IN COUNTY RA.W, EXCEPT WHEN CONDITIONS MENTIONED ON PAGE 3 & 4 (1 &2) (a thm e) ARE MET AND AGREED UPON BY THE PROPERTY OWNER. Adopted May 18, 2010 11 Vol. �— Pg O 0 BRAZOS COUNTY DRIVEWAY SIDEWALK, AND CULVERT PERMTr Brazos County Road & Bridge • 2617 Highway 21 West - Bryan, Texas 77803 • Fax 979- 775- 0453 • Phone 979- 822 -2127 The area between a private property line and the private property line across the road is called the County Right -of -Way. Because the Right -of -Way is Brazos County property, a driveway, sidewalk, mailbox or any structure built or located within that Right -of -Way . is a trespass and will require County permitting before beginning construction. *To be completed by Applicant — please print: *DATE: *APPLICANT /OWNER: *COUNTY ROAD: *(Current) MAILING ADDRESS: County will contact applicant with culvert size. CULVERT SIZE: *PHONE NO: County will assist as fallows: SIZE AND INSTALL: *PROPERTY OWNER: SIZE ONLY: (Note: In subdivisions and on roads not maintained COMMISSIONER PRECINCT: by Brazos County, the County will only size culvert; the Owner will be responsible for installation) *CULVERT LOCATION (if the property is located in a subdivision, please provide the lot and block number; if not in a subdivision, provide approximate distance from the nearest intersecting road and whether the entrance is on the left or right side of the roadway): Legal description of property (required): (min. diameter is 15 inches, min. length is 24 feet). INSTALLATION FEE: $150.00 minimum standard installation fee for culverts up to 36 inches in diameter, $200.00 for culverts greater than 24 feet in length, consisting of $10.00 per foot. (Price on request for culverts larger than 36 inches in diameter). The Commissioners Court of Brazos County, Texas, hereby authorizes you (Applicant) to (re) construct facilities on the County right -of -way for development of access to your property abutting located provided you agree to and comply with the aforementioned responsibilities and requirements. Commissioners Court of Brazos County, Texas By: County Engineer/ Designee Adopted May 18, 2010 12 Vol. �� Pg Acknowledgment STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on Notary Public Printed Name: by My Commission Expires: This permit shall not be valid until applicant signs the statement in which he /she agrees to comply with the conditions herein. 1, the undersigned, hereby agree to accept and comply with the terms set out in this permit for construction of access driveway facilities on road right -of -way. Should the applicant/property owner elect to install a driveway improvement within the right -of -way constructed of concrete pavement, brick or stone pavers, or other rigid material the applicant/owner shall become solely responsible for the structure. Should removal of a portion or entire driveway or mailbox become necessary for any reason deemed by Brazos County, the cost of removal, and the cost for replacement, shall be the sole responsibility of the property owner. I certify that I have read the Brazos County regulations (adopted May 18, 2010) and (amended July 13, 2010) and agree to abide by them I further acknowledge and agree that the obligations and duties contained herein shall be binding on Applicants, heirs, successors, and assigns. Signed: Acknowledgment STATE OF TEXAS This instrument was acknowledged before me on (date) by (name or names of person or persons acknowledging). Notary Public Printed Name: My Commission Expires: Adopted May 18, 2010 �j13 VOI.____t _ pg- II U Interlocai Cooperation Contract STATE OF TEXAS § COUNTY OF &47,0-5 § I. Parties This Interlocal Cooperation Contract ( "Contract') is made and entered into between the Texas Department f Public Safety ( "TDPS" a� �� a subdivision of the State of Texas, and the of local political subdivision of the State of Texas. 11. Overview The purpose of this Contract is to implement the provisions of Texas Transportation Code Chapter 706. A local political subdivision may contract with the TDPS to provide information necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine and cost in the manner ordered by the court in a matter involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure. The TDPS has authority to contract with a private vendor ( "Vendor") pursuant to Texas Transportation Code §706.008. The Vendor will provide the necessary goods and services to establish an automated system ( "FTA System ") whereby information regarding violators subject to the provisions of Texas Transportation Code Chapter 706 may be accurately stored and accessed by the TDPS. Utilizing the FTA System as a source of information, the TDPS may deny renewal of a driver license to a person who is the subject of an FTA System entry. Each local political subdivision contracting with the TDPS will pay monies to the Vendor based on a fee certain established by this Contract. The TDPS will make no direct or indirect payments to the Vendor. The Vendor will ensure that accurate information is available to the TDPS, political subdivisions and persons seeking to clear their licenses at all reasonable times. 111. Definitions "Complaint" means notice of an offense as defined in Article 27.14(d) or Article 45.019, Code of Criminal Procedure. Revised (11/04) Vol. 13.5 pg. �% "Department" or "TDPS" means the Texas Department of Public Safety "Failure to Appear Program" or 'FTA Program refers to the implementation efforts of all parties, including those system components provided by the TDPS, local political subdivisions and the Vendor, including the FTA System. "Failure to Appear System" or "FTA System" refers to the goods and services, including all hardware, software, consulting services, telephone and related support services, supplied by the Vendor. "FTA Software" refers to computer software developed or maintained now or in the future by the Vendor to support the FTA System. "Originating Court" refers to the court in which an applicable violation has been filed for which a person has failed to appear or failed to pay or satisfy a judgment and which has submitted an appropriate FTA Report. "State" refers to the State of Texas. "Local political subdivision" refers to a city or county of the State of Texas. Unless otherwise defined, terms used herein shall have the meaning assigned by Texas Transportation Code Chapter 706 or other relevant statute. Terms not defined in this Contract or by other relevant statutes shall be given their ordinary meanings. IV. Governing Law This Contract is entered into pursuant to Texas Government Code Chapter 791 and is subject to the laws and jurisdiction of the State of Texas and shall be construed and interpreted accordingly. V. Venue The parties agree that this contract is deemed performable in Travis County, Texas, and that venue for any suit arising from the interpretation or enforcement of this Contract shall lie in Travis County, Texas. VI. Application and Scope of Contract This Contract applies to each FTA Report submitted to and accepted by the TDPS or the Vendor by the local political subdivision pursuant to the authority of Texas Transportation Code Chapter 706. Revised (11/04) Vol. 1 5 pg. / / 2 VII. Required Warning on Citation for Traffic Law Violations A peace officer authorized to issue citations within the jurisdiction of the local political subdivision shall issue a written warning to each person to whom the officer issues a citation for a traffic law violation. This warning shall be provided in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court for the prosecution of the offense or if the person fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the court, the person may be denied renewal of the person's driver license. The written warning may be printed on the citation or on a separate instrument. VIII. FTA Report If the person fails to appear or fails to pay or satisfy a judgment as required by law, the local political subdivision may submit an FTA Report containing the following information: (1) the jurisdiction in which the alleged offense occurred; (2) the name of the local political subdivision submitting the report; (3) the name, date of birth and Texas driver license number of the person who failed to appear or failed to pay or satisfy a judgment; (4) the date of the alleged violation; (5) a brief description of the alleged violation; (6) a statement that the person failed to appear or failed to pay or satisfy a judgment as required by law; (7) the date that the person failed to appear or failed to pay or satisfy a judgment; and (8) any other information required by the TDPS. There is no requirement that a criminal warrant be issued in response to the person's failure to appear. The local political subdivision must make reasonable efforts to ensure that all FTA Reports are accurate, complete and non - duplicative. IX. Clearance Reports The originating court that files the FTA Report has a continuing obligation to review the report and promptly submit appropriate additional information or reports to the Vendor or the TDPS. The clearance report shall identify the person, state whether or not a fee was required, advise the TDPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted within five business days of the time and date that the originating court receives appropriate payment or other information that satisfies the citizen's obligation to that court. Revised (11/04) 3 Vol. / 3 5 pg. 113 To the extent that a local political subdivision utilizes the FTA Program by submitting an FTA Report, there is a corresponding obligation to collect the statutorily required $30.00 administrative fee. If the person is acquitted of the underlying offense for which the original FTA Report was filed, the originating court shall not require payment of the administrative fee. The local political subdivision shall submit a clearance report within five business days advising the TDPS to lift the denial of renewal and identifying the grounds for the action. The local political subdivision must promptly file a clearance report upon payment of the administrative fee and: (1) the perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose; (2) the dismissal of the charge for which the warrant of arrest was issued or judgment arose; (3) the posting of a bond or the giving of other security to reinstate the charge for which the warrant was issued; (4) the payment or discharge of the fine and cost owed on an outstanding judgment of the court; or (5) other suitable arrangement to pay the fine and cost within the court's discretion. The TDPS will not continue to deny renewal of the person's driver license after receiving notice from the local political subdivision that the FTA Report was submitted in error or has been destroyed in accordance with the local political subdivision's record retention policy. X. Compliance with Law The local political subdivision understands and agrees that it will comply with all local, state and federal laws in the performance of this Contract, including administrative rules adopted by the TDPS. XI. Accounting Procedures An officer collecting fees pursuant to Texas Transportation Code §706.006 shall keep separate records of the funds and shall deposit the funds in the appropriate municipal or county treasury. The custodian of the municipal or county treasury may deposit such fees in an interest- bearing account and retain the interest earned thereon for the local political subdivision. The custodian shall keep accurate and complete records of funds received and disbursed in accordance with this Contract and the governing statutes. Revised (11/04) [� 4 V.I. 65 Pg The custodian shall remit $20.00 of each fee collected pursuant to Texas Transportation Code §706.006 to the Comptroller on or before the last day of each calendar quarter and retain $10.00 of each fee for payment to the Vendor and credit to the general fund of the municipal or county treasury. XII. Payments to Vendor The TDPS has contracted with OmniBase Services of Texas ( "Vendor "), a corporation organized and incorporated under the laws of the State of Texas, with its principal place of business in Austin, Texas, to assist with the implementation of the FTA Program. Correspondence to the Vendor may be addressed as follows: OmniBase Services of Texas 7320 North Mo Pac Expressway, Suite 310 Austin, Texas 78731 (512) 346 -6511 ext. 100; (512) 346 -9312 (fax) The local political subdivision must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the Vendor and for which the local political subdivision has subsequently collected the statutorily required $30.00 administrative fee. In the event that the person has been acquitted of the underlying charge, no payment will be made to the Vendor or required of the local political subdivision. The parties agree that payment shall be made by the local political subdivision to the Vendor no later than the last day of the month following the close of the calendar quarter in which the payment was received by the local political subdivision. XIII. Litigation and Indemnity In the event that the local political subdivision is aware of litigation in which this Contract or Texas Transportation Code Chapter 706 is subject to constitutional, statutory, or common -law challenge, or is struck down by judicial decision, the local political subdivision shall make a good faith effort to notify the TDPS immediately. Each party may participate in the defense of a claim or suit affecting the FTA Program, but no costs or expenses shall be incurred for any party by the other party without written consent. Revised (11/04) 5 , Vol. Pg- ---"" -- To the extent authorized by law, the local political subdivision agrees to indemnify and hold harmless the TDPS against any claims, suits, actions, damages and costs of every nature or description arising out of or resulting from the performance of this Contract, and the local political subdivision further agrees to satisfy any final judgment awarded against the local political subdivision or the TDPS arising from the performance of this Contract, provided said claim, suit, action, damage, judgment or related cost is not attributed by the judgment of a court of competent jurisdiction to the sole negligence of the TDPS. It is the agreement of the parties that any litigation involving the parties to this Contract may not be compromised or settled without the express consent of the TDPS, unless such litigation does not name the TDPS as a party. This section is subject to the statutory rights and duties of the Attorney General for the State of Texas. XIV. Contract Modification No modifications, amendments or supplements to, or waivers of, any provision of this Contract shall be valid unless made in writing and executed in the same manner as this Contract. XV. Severability If any provision of this Contract is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Contract shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance therefrom. XVI. Multiple Counterparts This agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes and all of which constitutes, collectively, one agreement. But, in making proof of this agreement, it shall not be necessary to produce or account for more than one such counterpart. XVII. Effective Date of Contract This contract shall be in effect from and after the date that the final signature is set forth below. This contract shall automatically renew on a yearly basis. Revised (11/04) Vol. J35 pg. / / v However, either party may terminate this agreement upon thirty days written notice to the other party. Notice may be given at the following addresses: L al Political Subdivision Texas Department of Public Safety Safety Project Administrator, FTA Program 3 v 5805 North Lamar Boulevard dW 332- Austin, Texas 78773 -0001 (512) 424 -5948 [fax) Notice is effective upon receipt or three days after deposit in the U. S. mail, whichever occurs first. After termination, the local political subdivision has a continuing obligation to report dispositions and collect fees for all violators in the FTA System at the time of termination. TEXAS DEPARTMENT OF PUBLIC SAFETY Oscar Ybarra Chief of Finance LOCAL POLITICALSUBDIVISIOW Authorized Signature cou Date Title 713-10 Date `An additional page may be attached if more than one signature is required to execute this Contract on behalf of the local political subdivision. Each signature block must contain the person's title and date. Revised (11/04) Vol. 1315 pg. I I % ADDENDUM TO EXHIBIT 1 OF THE AUTOMATED TELLER MACHINE (ATM) LOCATION AGREEMENT BETWEEN BRAZOS COUNTY AND ATM VENTURES /BRAZOS.VALLEY BANK DATED OCTOBER 11 2008 Name of Business: (Location of ATM): Address: City /State/Zip: Phone/Fax: Contact/Title: Owner /Officer -- Signature/Title ATMV / -- Signature/Title 17020 Seven Pines Dr. Spring, TX 77379 -4529 Voice: 281-376-8502 Fax: 281-376-8930 Web: http: / /atmventures.con e -mail: david @atmventures.com -kr Brazos County Health Department 201 North Texas Avenue Bryan, TX 77803 (979)361- 4440/(979) 823 -2275 Pat Howard Randy Sims, County Judge * ATM Ventures/Brazos Valley Bank will be solely responsible for all costs and expenses incurred in installation or build out to accommodate the ATM. Additionally, ATM Ventures /Brazos Valley Bank will be solely responsible for all costs and expenses incurred in the installation and usage of all telephone lines and/or equipment needed for the ATM. Vol, 135 P& 119 — TEXAS TASK FORCE ON INDIGENT Application for IndilZent Defense Expense Reimbursement County Brazos County Judge Randy Sims Financial Officer Katie Conner Address 200 S. Texas Ave, Suite 332 Address Bryan, Texas 77803 200 S. Texas Ave, Suite 218 Bryan, Texas 77803 Telephone 979 -361 -4102 Telephone Number 979 - 361 -4359 Number Fax Number 979 - 361 -4503 Fax Number 979 - 361 -4188 E -mail Address rsims@co.bTazos.tx.us E -mail Address kconner co.brazos.tx.us County's Payee 17460004330 Number (assigned by the Comptroller) Reason For Reimbursement Request: Capital murder trial Itemized Request use attachments if necessary) Invoice Description Unit Cost Amount Requested Number (If on Invoice Applicable) 6 /l /lOThusen Expert 325.00 Expert consulting 200.00 Expert 4,900.00 Expert testimony 19,752.90 Rate Basis for Capital murder 80,000.00 6/2/1 OThusen Investigation expense 885.60 Expense for Capital murder 1,325.23 Rate Basis for Capital murder 8,277.76 Investigation 1,430.43 Expert testimony 4,825.00 Rate Basis for Capital murder 80,000.00 6/2/1 OThusen Rate Basis for Capital Murder 20,000.00 Expense for Capital Murder 1,525.98 51511 OThusen Expense for Capital Murder 943.82 5/24/1 OThuesn Investigation expense 19,403.74 6/24/10 Thuesen Investigation expense for 1,529.26 Capital murder 103.66 Expense for Capital murder Invoices and supporting Total Amount 245,428.38 documents must be attached Requested for this request to be considered. Vol. )35 Pg. '�%r We certify that we have reviewed our plans submitted to the Office of Court Administration and that the plans specify the same criteria established to qualify for the Formula Grant Award for this fiscal year. We affirm that this reimbursement request was for actual litigation expenses for indigent defendants or indigent juvenile respondents, or that it has been paid to improve indigent defense service in our county (attach supporting documentation for the Judge �- I3-- /O Date - Vol ._. _. — Pg' 2 If-C,3 RESOLUTION NO. 10 -012 A RESOLUTION OF THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, SUPPORTING THE ESTABLISHMENT OF REGIONAL INFRASTRUCTURE IMPROVEMENT ZONES (RIIZs) INTO FEDERAL TAX LAW TO ASSIST IN ADDRESSING THE NATIONWIDE INFRASTRUCTURE FUNDING SHORTFALL. WHEREAS, the infrastructure inadequacies plaguing our communities - crumbling bridges, aging highways, rail, ports, and mass transit, mid deteriorating water and sewer systems - are in dire need of maintenance and improvement; WHEREAS, the American Society of Civil Engineers estimates the national infrastructure needs more than $2.2 trillion dollars over the next five years to maintain its current status; WHEREAS, the State of Texas will be home to 33 million people by 2030, requiring strategic investments in critical infrastructure to keep up with growth in the State's economy and population; WHEREAS, in 2005, States and localities accounted for 75 percent of total infrastructure spending; WHEREAS, federal, state and local budgets are under constraints and cuts; WHEREAS, RIIZs provide an innovative opportunity to allow regional and local solutions to infrastructure funding challenges by encouraging private- sector investment through a favorable tax treatment of funds and streamlined, established approval processes; WHEREAS, RIIZs further defines a commitment to upgrading our infrastructure nationwide, while protecting our environment, boosting the economy and creating jobs; WHEREAS, RIIZs uphold proven regional and local infrastructure investment decision - making processes by going through the local regional planning organization, and maintaining consistency, transparency and accountability, tying infrastructure investments closely to a region's approved plans, the local community's needs and the overall public good; WHEREAS, regional planning organizations and our governing boards of appointed and local elected officials are knowledgeable about infrastructure issues, and have expertise in regional infrastructure financing, planning and development, and implementing new strategies to determine appropriate infrastructure investments; Resolution Supporting Establishment of RIIZs Page 1 of 2 Vol. Pg. I a I WHEREAS, local governments own and operate the majority of our nation's infrastructure and the local elected officials are closest to the people, being accountable and responsive to the needs of communities; WHEREAS, RIIZs offer new options to fund infrastructure improvements and construction urban, suburban and rural that are shelf- ready, many of which are critical to preserving, maintaining and making our system safer; and WHEREAS, RIIZs are revenue positive for government by providing the private entity only the marginal tax rate on investments made; now, therefore, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS that: PART I: The Commissioners Court authorizes Brazos County to call upon Congress to enact legislation enabling the establishment of RIIZs, and PART 2: A copy of this resolution be forwarded to all members of Congress from Texas. PART 3: The Commissioners Court fully endorses the establishment of RIIZs into federal tax law and hereby requests the Central Texas congressional delegation to actively advocate for the enactment of RITZ legislation. ADOPTED this the day of July, 2010. Q &� Randy Sims County Judge 111A, ,III Lloyd assermann, Commissioner Duane Peters, Commissioner Precinct 1 Precinct 2 Kenny Mallard, ommissione Ir Precinct 3 Precinct 4 ATTEST: Karen McQueen, County Clerk Resolution Supporting Establishment of RllZs Page 2 of 2 Resolution 10 -012 Vol.. 13� Pg. Ia.a