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HomeMy WebLinkAbout2012-05-08-10:00AM-REGULARs ' BRAZOS COUNTY BRYARTEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MAY 8, 2012 AT 10:00 AM IN THE JUSTICE OF THE PEACE PRECINCT 2.2 COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 114, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and/or concerns. 3. Presentation(s) Presentation by the Arts Council of Brazos Valley highlighting completed and upcoming projects. Consider and take action on agenda Items 4 - 21: 4 cance of the Reoutar Mee Ina of commissioners Court for May 22.2012. 5. Anwintrwnt of John Clark gpl flemrch Valley Partnership aoerd o} Dlnsclore Tenn of sppelnttna n. Onlun tleAen en the aparft -- 6. 7. 8. 9. Vol. P9. 1 0. 11. 12. 13. 14. 15. Tax Refund Applications for the following: au =u 16. Budget Amendments. sisda IMMSI,'t1M230. V. 18. Personnel Change of Status. .e... AMion Forma 19. Payment of Claims. 20. Convene into the following Executive Sessions: . a. Executive Session pursuant to 551.074 to discuss or deliberate the appointment, employment, evalutation, reassignment, duties, discipline, or dismissal of a public employee. . b. Executive Session pursuant to 551.0785 for deliberations involving medical or psychiatric records of a county employee. . c. Executive Session pursuant to 551.087 to discuss or deliberate economic development negotiations. 21. Consider and possible action on the Executive Sessions. 22 n �eM of MontMv Reoorte submitted In Andl 24 ` 23. 24. Sheriffs report on inmate population. 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and/or concerns. 27. Adjourn. Vol. i I pg. 10 — 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 Inked to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordngy, members of the public In attendance at any Regular, Specttl and/or Enhergenuy meeting of the Court shall conduct themselves with proper respect and decorum in speaking lo, 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 inappropriatey akired 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 dlsmption of the meeting may result in a Contempt of Court Citation. It is not Ne intention of the Brazos, County Commissioners Court to provide a public forum for the demeaning of any irtlivldual 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 portion In the Court's presence and/or rectal, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speakers 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 fie Constitution. Statutes and Codes of the State of Texas. The County Commbaloner; Court can deliberate or lake action only It a matter has been listed on an agenda property posted prior m Ne meeting. During the public comment period, speakers may adtlreas meters cot listed on the published agende. The Open MeerinB Law does not expreaey prohibll responses m publlo commems by the Commissioners Court . However, responses from the County Judge or Co mmlasiorhers to unlistetl publlo comment topics could become deliberation on a meter without notice to the public To ensure the public free notice of all matters th e Commbsnnara Court will cansider, the Count' Judge and/or Commssioners may choose not m respond m pubic comments, ezoept m correct factual inaccuracies, recite existing policy in response m an Inquiry or mask Net a metier be listed on a furore egeId, See Texas Opan Meetings Ad 7 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and lot the benefit of the Coun. The views or beliefs expressed by the Invocation speaker have not been previously reviewed or approved by the Court and do not neceseadly represent the religious beliefs or views of the Court in part or rffi a whole. No member of the community Is required to attend or participate In the invocation and such decision will have no Impact on their right to actively participate In the business of the CcurL The Justice of the Peace Precinct 2.2 Courtroom of the County Administration Building, 200 South Texas Ave.. Suite 114, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign iMerpreflve services must be made two working days before the meeting. To make arrangements. please call (e79) 361-x102. Vol. - --j —(P( ps l a9 MINUTES May 8, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING LO Signature Page 5 -8.pdf 0 File Stamped Aaenda.pdf 0 Sian in sheet.pdf 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 10:00 a.m. on Tuesday, May 8, 2012 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Absent; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. Judge Peters announced that notice was posted to hold the Commissioners Court meeting in the Justice of the Peace, Precinct 2.2 Courtroom, but the meeting was moved to the Commissioners Courtroom. A sign was placed on the door of the Justice of the Peace indicating the change and Constable Lampo stood nearby to direct citizens to the correct meeting place. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Judge Peters Vol. _L'�J -- Pg•- -�-- BRAZOS COUNTY BRYANJEXAS 2. Call for Citizen input and /or concerns. 3. Presentation(s) Presentation by the Arts Council of Brazos Valley highlighting completed and upcoming projects. `D- Item lodf Chris Dyer Executive Director of the Arts Council spoke on the A.R.T. for Life Program run jointly with the Brazos County Juvenile Services Department. The program has continued to positively influence juvenile offenders who were on probation or incarcerated for four (4) years. He thanked the following staff at Juvenile Services: Robert Person, Linda Ricketson and artist Lynn Haste. Logan Faron then spoke of detailed art projects. Consider and take action on agenda items 4 - 21: Cancellation of the Regular Meeting of Commissioners Court for May 22, 2012. .Lb Item 4.0 f The County Judge announced that the Court would be attending the North and East County Judges and Commissioners Conference. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters, Wassermann . Members Absent: Mallard. Appointment of John Clark to the Research Valley Partnership Board of Directors. Term of appointment is June 1, 2012 through May 31, 2015. Mr. Clark will be replacing Dr. Roland Haden on the Board. 0 Item 5.odf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena , Cauley, Peters , Wassermann . Members Absent: Mallard. Order dividing election precinct 67 and combining into election precinct 70. Change in election precinct is due to annexation by the City of Bryan.Orden dividiendorecinto electoral 67 y combinando en distrito electoral 70. El cambio en el distrito electoral se debe a la anexi & #243;n por la Ciudad de Bryan. 0 Item 6.odf The City of Bryan approved Ordinance #1954 annexing 166.2 acres of land located in Voting Precinct 67. The Commissioners Court being desirous of complying with the City of Bryan city limit lines and the Texas Elections Code therefore resolved that pursuant to Section 42.007 of the Texas Election Code that Election Precinct 67 be divided to follow the City of Bryan city limit lines in Brazos County, Texas to wit: 1. Election Precinct 67 be divided and combined with election Precinct 70; 2. Election Precinct 70 be extended to follow the new City of Bryan city limit lines and vote at the current polling location; 3. That submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washing D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. Vol. Pg. 0"7 A copy is attached Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. Consider adopting the FEMA 2012 Flood Plain Maps determining flood prone areas in Brazos County, Texas and the corresponding Flood Damage Prevention Ordinance approved by FEMA. D Item 7 Part 1.)d 1D° Item 7 Part 2.odf Approved as submitted. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard. 8. Out of state travel request for Commissioner Mallard to travel to Washington, D.C. with the Chamber of Commerce. Dates of travel are May 7 -10, 2012. 9 Item 8.odf Approved as submitted. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard . 9. Consider and take action on the acceptance of the Training Proposal with Data Clarity for 2 additional days of training on report writing in the new version of Cognos. Funding to come from savings in this project. No additional funds needed. V D Item 9 odf Approved as submitted. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters, Wassermann . Members Absent: Mallard. 10. Request to purchase 40 electronic poll (ePoll) books. The ePollbooks will replace the use of paper voter registration lists for election day voting. 0 Item Mod Approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. 11. Order to exempt the Contracts for goods and services provided by Texas Voting Systems for Elections from competitive bidding per the Local Government Code 262.024. 9 Item 11.Ddf Approved as submitted. The Court determined that this is a single source supplier. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann. Members Absent: Mallard. Vol. _ --- Pg•-- --= =1-- 12. Requisition # 00037957 to CDW Government Inc. in the amount of $56.37 for the purchase of a wireless presenter and extension cable using JP Technology Funds. 0 Item 12.odf Approved as submitted. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. 13. Consider and take action on acceptance of Saddle Ridge Subdivision into the Brazos County road maintenance system; the road (Coleman Street) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. 0 Item 13.0 f Approved as submitted. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard. 14. Request from Crimson Energy to construct a road bore (80' X 6" steel encasement with a 4" poly pipe enclosed) for placement of natural gas pipeline in the right of way of Old Bundick Road. Site located in Precinct 2. 0 Item 14.odf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters, Wassermann . Members Absent: Mallard . 15. Tax Refund Applications for the following: a. James R. Lacombe II - overpayment - $30.07 9 Item 15.)d Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -0. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members Absent: Mallard. 16. Budget Amendments. Budget Amendments FY 11/12 30.1 -30.17 0 Item 16.odf 30.1 Reallocate funds for Capital Improvement 30.2 Reallocate funds for County Attorney 30.3 Transfer Funds from General fund Contingency to Building Maintenance 30.4 Reallocate funds for 85th District Court 30.5 Reallocate funds for 272nd District Court 30.6 Reallocate funds for 361 st District Court 30.7 Reallocate funds for 361 st District Court- Judicial Support 30.8 Reallocate funds for Juvenile Court Referee 30.9 Reallocate funds for Associate Judge #2 30.10 Reallocate funds for County Court at Law #1 30.11 Reallocate funds for County Court at Law #1- Judicial Support vol. i (o l — Pg. 133 30.12 Reallocate funds for County Court at Law #2 30.13 Transfer funds from General Fund Contingency to Associate Judge #2 30.14 Reallocate funds for Primary Election Services 30.15 Reallocate funds for 85th District Court 30.16 Transfer funds from General Fund Contingency to Information Technology 30.17 Transfer funds from General Fund Contingency to County Judge Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Peters , Wassermann . Members Absent: Mallard . 17. Requisition # 00037417 to Gov Connection in the amount of $10,463.57 for media and electronics in the County Attorney's Office. D Item 17.)d Approved as submitted. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters , Wassermann . Members Absent: Mallard . 18. Personnel Change of Status. Personnel Action Forms 9 Item Modf A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Peters. Wassermann . Members Absent: Mallard . 19. Payment of Claims. ED Claims SheeLOdf tt9 BILL LIST 5.8.12.odf 7097772 through 7097985 20. Convene into the following Executive Sessions: a. Executive Session pursuant to 551.074 to discuss or deliberate the appointment, employment, evalutation, reassignment, duties, discipline, or dismissal of a public employee. b. Executive Session pursuant to 551.0785 for deliberations involving medical or psychiatric records of a county employee. c. Executive Session pursuant to 551.087 to discuss or deliberate economic development negotiations. At this point the County Judge skipped down to consider items 22 through 26. Having considered items 22 -26, at 10:23 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the the matters listed above. The following persons were asked to attend the Executive Session. Candy Gallego, Executive Assistant Vol. Pg• —La4— Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Nina Means, Budget Analyst Frank Simpson, College Station Medical Center Tom Jackson, College Station Medical Center Todd McDaniel, RVP Flint Matzke, Assistant County Attorney Laura Ostiguin, County Attorney Assistant 21. Consider and possible action on the Executive Sessions. At 11:47 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session for items "a" & "b ". On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to grant extended leave for a certain employee without pay. 22. Acknowledgement of Monthly Reports submitted in April 2012. 19 Item 22.odf The Court acknowledged receipt of the Extension Service reports submitted in May 2012 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 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 Road & Bridge Sheriff 23. Acknowledgement of the Brazos County Purchasing Department Update for the week of April 27 - May 3, 2012. 10 Item 23.odf The Court acknowledged receipt of the Purchasing Department Weekly Update. 24. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 545 inmates in jail, 70 have electronic monitors and 10 are pending for monitors. 25. Announcement of interest items and possible future agenda topics. Commissioner Cauley told the Court that she had attended the Texas AgriLife Leadership Academy last week. The group visited the Turkish embassy and learned how important that relationship is. She visited with legislative staff of Congressman Flores and Senator Kay Bailey- Hutcheson. 26. Call for Citizen input and /or concerns. Vol. I&I p 13 S Eric Caldwell, Chief Operating Officer of the Information Technology Department learned Sunday that the internet service provider for the Health Department is ending their contract and the County may have to pick them up as well. The budget amendment passed today for a wider bandwidth should take care of this problem. He is also having trouble getting the Justice of the Peace representatives to attend the software meetings. 27. Adjourn. VOL � Pg. 1 3(4> The foregoing minutes of the Commissioners Court meeting held May 8, 2012 have been examined and are approved in open Court this � day of 2012, in Bryan, Brazos County, Texas. Duane Peters County Judge Lloyd Wassermarm Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 Commissioner, Precinct Attest: I� w- Karen McQueen County Clerk.p U Vol (g I Page 13-7 BRAZOS COUNTY COMMISSIONERS COURT r' Meeting on / 1 q! j� G e M PAGE __L of 3 Voi. Pg• --L— 1 1 4. F • Ma ��LiTi.1 �. UM G . •N," E M M EMO- .1v r_ _ "i •� �.' M PAGE __L of 3 Voi. Pg• --L— BRAZOS COUNTY COMMISSIONERS COURT Meeting on 0�0 �� , L PAGr" a- of c Vol. 1 6 1 p 1 3 1 71A, �a:� 1l ' ■ PAGr" a- of c Vol. 1 6 1 p 1 3 1 BRAZOS COUNTY COMMISSIONERS COURT Meeting on �5 —? o ), 0 1 �, , @D - l 0 d (D a o I Name Organization / Department O G !mss i lw n le zalle PAGE 3 of 3 c. vo1. 1 to I Pg. 1 40 ORDER DIVIDING ONE ELECTION PRECINCT AND COMBINING INTO ANOTHER ELECTION PRECINCT WHEREAS, the City of Bryan approved Ordinance # 1954 annexing 166.2 acres of land located in Voting Precinct 67; and WHEREAS, the new boundary lines of the City of Bryan do not follow the existing election precinct lines created by Brazos County; and WHEREAS, Section 42.007 states "A commissioners court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and unincorporated territory outside the city"; and WHEREAS, the Commissioner's Court is desirous of complying with the City of Bryan city limit lines, and the Texas Election Code; and WHEREAS, compliance with the Texas Election Code requires the division of one (1) voting precinct and combining the annexed portion into another voting precinct; and WHEREAS, Section 42.008 (1) of the Texas Election Code provides for combining election precincts; NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, that Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 67 be divided to follow the City of Bryan city limit lines in Brazos County, Texas, to wit: 1. Election Precinct 67 be divided and be combined with Election Precinct 70; 2. Election Precinct 70 be extended to follow the new City of Bryan city limit lines and vote at the current polling location; 3. That submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights-Act Vol. 1 (0 I Pg. �`� ADOPTED this day of 2012 by a vote of AYES and 0 NAYS. ATTEST: Karen McQueen, County Clerk I — 4k , Duane Peters, County Judge Vol. r cP / P 11 4a 01119 Doc 495 OR OR 10664 Y39 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: May _8, 2012 ITEM: Cons ider and take action on adopting the FEMA 2012 Flood Plain Maps detol flood orone areas in Brazos County, Texas and the corresponding Flood Damage P r e vdntion Ordinance approved by FEMA. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: The new FEMA Maps are available for public viewing at the Road and Bridge Department located at 2617 Highway 21 West, Bryan, Texas. suBMITTEP BY: APPROVED BY: R. Alan Munger, Co ssi Lloyd essermann, Pct. County Engineer CC2012.014 missio r Sammy Catalena, PCt. 2' Ab&4 r4- Commissi Mallard, Pct. 3 Commission aul ct 4' This Request Is App roved � (or) Denied ,_by Commissioners' Court Date: Duane Peters, County. Judge Vol. - -I Pg.- STATE OF TEXAS COUNTY OF BRAZOS The foregoing is - a Inru and correct copy as the same appears on fie and recorded in the appropriate records of Brazos, Cou y, Tie' J Thereby certify, oa.� e County. Clo ' Brazos County, axes 43 Doc ek Vol Pr 01119495 OR 10664 40 60,3(d) FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATI WRV AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STA TUTORY AUTHORIZATIO The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Commissioners Court of Brazos County, Texas does ordain as follows: SECTION B. FINDIN OF FACT (1) The flood hazard areas of Brazos County are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and. extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses (structures) vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need.for rescue and relief efforts associated with flooding and generally undertaken at the expeg kp;; 4Weral public; COUNTY OF OW-OS The lnregolngg is a true and correct copy as the sarne appears on lile and recorded in the appropriate records of Brazos, coun . Texas - Thereby certify, on �J 5 -Y)� -- � t A" lCaunry Cterli Brazos Comity, Texas VO).� P�• Dill DOC !0 Sk Val Ps (4) Minimize prolonged business interruptions; 41 (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood -prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area, SECTION D. APPROVAL REQUIRED PRIOR TO DEVELOPMENT h erein , SECTION E. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods; (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers,, which are involved in the accommodation of flood waters; (4) Control filling,. grading, dredging and other development which may increase flood damage;. (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. STATE OF TEXAS COUNTY OF BHA /_O,S The forsgoinr is trHH end Correct ropy as the same appears ondi and recorded in the appropriate records at Brazos, County, lexas � Thereby certify, oil �. : —. ��_.. ��L� ✓— , Couny Ct B y. „- Brazos County. Texas Vol. Pg. �5 Doc 8k Vol ps 01119495 OR 10664 Q ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high - velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APPEAL BOARD- means the Brazos County Commissioners Court APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE - means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be inundated by the 1- percent - annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO,.AH, AR /AO, AR /AH, or VO zone on a community's Flood Insurance. Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al -30, AE, A99, AR, AR /A1 -30, AR /AE, AR /AO, AR /AH, AR /A, VO; V1 -30, VE or V. BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year. STATE OF'fl1(AS 3 COUNTY 0FBRAZOS asthssarne The foregoing is a true and correct copy appears on tle and reuudad,ill the appropdsle records of Brazos, County, Texas thereby certify, on � lK� County ClerK ��•'K; Brazos County, Texas V0 1. Ito I pg. Doc Bk Vol Pe 01119495 OR 10664 43 BASE FLOOD ELEVATION (BFE) - The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, AI -A30, AR, VI -V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year also called the Base Flood. BASEMENT - means any area of the building having its floor subgrade.(below ground level) on all sides. BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT - means any man -made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING - means, for insurance purposes, a non- basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete R#A* OF TEXAS 4 COUNTY OF BRAZOS The foregoing is a true and correct copy as the same appears on file and recorded in the appropriate records of Brazos, County, Tons Thereby certify, on L i s >. / County CIerK Vol. Pg. Brazos County, Texas � � � � 01119 8k Val 495 OR 10664 X 44 FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of.inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY - means an examination, evaluation and determination of Rood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and /or flood - related erosion hazards. FLOOD INSURANCE RATE MAP (FIRM) means, an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community, FLOOD INSURANCE STUDY (FIB) - see Flood Elevation Study FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM - means those. physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to >a "special flood hazard" and the extent of the depths of associated flooding, Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non- structural additions, changes, or adjustments to structures which reduce or eliminate S STATE OF TEXAS COUNTY OF BRAZOS The loregoing Is a true andcorrect copy as tha same appears on file and recorclao in the appropriate records of Brazos, County, Toxas "rherebycedity, on ( . � - , � � 1 l0 1 � \4'9; I, County Clef Vol. Pte' Ara C.w nb, r - -- 01119495 OR 10664 P 45 flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY — see Regulatory Floodway FREEBOARD - Freeboard is provided to reasonably assure containment to design flood level for purposes of floodplain management,. given uncertainty of water surface profile computation. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as, bridge openings, and. the hydrological effect of urbanization of the watershed. FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water, The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long -term storage or related manufacturing facilities, , HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE- means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; STATE OF TEXAS COUNTY OFBRAZOS - 6 The loregoir g is a true and correct copy as the $a" appears on fire and recorded in the appropriate ;acords of Brazos, County, Taxes !' tih_rebycenity,on�� \, w County CIB Brazos county, exes VOL I P 7 _L 01119495 OR 10664 Y 46 (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man -made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding, LEVEE SYSTEM - means a Rood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle ", MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. STATE OF TEXAS COUNTY OF BFA70S The Inregoing is a true and correct copy as the same appears on 7 terofrls of Br ir azos, County exashe appropriate f hereby carlify, un ' --�� tll count cie�r Brazos County, Texas Vol. 1 1D I p ISO Doc Bk Vol ps 01119495 OR 10664 47 NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community, RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOODWAY - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. RIVERINE — means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA — see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97- 348)), includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building, STATE OF TEXAS COUNT! OF BRAZOS The toregnin❑❑ is a true and correct copv as the same appoars on tic and recorded In the sppropdale records of Brazos, Coun Tax_ as f hareby certify, On - c'' `t"'et ' , , County Cler�C 9razoa Cunnty, Texas Vol. (P p CJ 1 01119 8k Vol 495 OR 10664 P 48 STRUCTURE - means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL. DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage ", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure ", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(6)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided, WATER SURFACE ELEVATION - means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. STATE OF TEXAS COUNTY OF BAAZOs The foregoing is a true and correct copy as the sarne appem an file and rororded in the appropriate records of Brazos, County, Texas 1l Thereby cattily, on r ' ,,;( —�J,s _ - �.✓--- _0 Brazos County Texas Vol. Ito I Pg. I GA 0 1114595 OR 10661 P 49 ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard with the jurisdiction of Brazos County, SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Brazos County and Incorporated Areas," dated May 16, 2012, with accompanying Flood Insurance Rate Maps (FIRM) dated May 16, 2012 and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. 10 wore OF TtXAS COUNTY OF f3RAZ.OS fhe lorngoinct is a Inre and correct copy as the same appuars on h s and recaWad In the appropriate records of 81 1120s, County, Texas ,,)) 'fherebycertily, Oil � `'}-c /l (trams County Texas vol. - -- L — 6 — L - I _ P l 53 011355 OR 10654' Ps p SECTION G. WARNING AND DISCLAIMER OR L The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. on rare occasions greater floods can and will occur and hood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTION H. ESTABLISHMENT OF FEES The Brazos County Commissioners Court, upon the recommendation of the Floodplain Administrator, shall establish application fees commensurate with the service rendered by the County. Development fees are payable at the time of application. ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOOD PLAIN ADMINISTRATOR The County Enidneer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION B. DUTIES as RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. couNTY of BRX7.CS 11 e foregoing is a true and correct copy as the same appears on h e and recorded in the appropriate records of Brazos, Cuunly, Texas rhereby certity, on _ ��-'� J f-�� a^✓ ,,, Cow,ry aadt Vol. pg, Brazos Cwmly, Texas � � � 15 0111955 0 Vol 10 P51 (2) Review permit application to determine whether to ensure that the Proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in rivcrine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65,12, of the. National Flood Insurance Program regulations, a community may approve certain development in Zones Al -30, AE, AH, on tIMAY 2n� tx's FIRM which r Bp 12 _.+ COUN inreg OF Th Inirrcrandice de he copyast eco Os of prazn Min the app s count , rne e sa Thereby texas y certify, on LL J S { ' 9 ' /P(c I Gv S Elraiosco t Pg Vol. 01119495 Bk col OR 20664 g2 + increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all Of the provisions required by Section 65.12, SECTION C. PERMIT PROCgplUggs (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him /her and may include, but not be limited to; plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas Of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofrng criteria of Article 5, Section B (2); (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with Article 4, Section (B) (1); (2) Approval or denial of aYloodplain Development Permit by the Flooplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that material's may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; STATE OF TEXAS 13 Thou eg OF � and correct r co ecc s o recorded in the BY as the s ame econisof filo ©ra2o ons, County, Texas appropriate rherebycertity ) 5 y ,, : �� ) . re �es r ✓% county crk V0 1. , h I Pg. - 11raZn5 0 11!9495 UR 11)664 P g3 (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (1) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such. as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. (4) It shall be unlawful to use, occupy or permit the use or occupancy of any building, development, or premises or part thereof hereafter created, erected, changed, converted,. altered, or enlarged in its use or structure until a Floodplain Development Permit has been issued by the Floodplain Administrator stating that the use of the development conforms to the requirements of this court order, (5) If required on the Floodplain Development Permit, the applicant shall be required to submit certification by a registered professional engineer that the development was accomplished in compliance with the provisions of this court order. SECTION D. VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. STATE OF TEXAS COUNTY OF URA70S 14. The fors5)airn9 is a True cnd correct copy as the same ecords of (hazos, County, taxashe appmpdate Thereby corlll , on , �5kc �!�l. County clarK �-7 Brazos County, Texas VOL 1 Pg ___x -� Doc ek Vol ps 01119495 OR 10664 54 (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level; providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. [ 10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. STATE OF TEXAS COUNTY OF F RA7.OS apnoars o fife annforur iea in the appropn h IS records of Brazos, Coun�y texas 'fherehycanily,oil -1..�� -�)• _ . of r �,. V • Ccun Cle Brazos County, Texas Vol. (p Pg. I ag 01119495 OR 10664 P 55 (c) Any application to which a variance is granted shell be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D (1) -(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. OENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new construction or substantial improvements shall be constructed with a Freeboard height of two (2) feet. STATE COUNTY OF Bti�Og 16 The fnregain? is arras ; copy as the same ecord s on has and record r•rWW in appropriate s ul Brazos, County. Texas Thereby cetlffy; on F) County Cter 1 S � Ura7os County, Texas Vol.Pg. ---- -- 01119495 OR 1066 F 56 (6) All new and replacement water supply systems shall be designed to j minimize or eliminate infiltration of flood waters into the system; (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (8) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated 2 feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction • new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated 2 feet above the base flood elevation or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and /or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a 17 STATE_ OF TEXAS COUNTY OF BOAZOS The fororloinrl is a true and correct copy as the same appoon on file and rerorcled in the appropdale records of Brazos. County, Texas y Thereby certify, on (0-S & ' u �-� J / /,� \W,, t:Gl�lllry VOI. I Pg. 1 60 O � ~ � Brazos Cuuny, Texas Dot Ok Vol 01114495 OR 10664 registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. grade, (b) The bottom of all openings shall be no higher than 1 foot above (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes - (a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the-purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones Al -30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to 2 feet above the base flood elevation. It must be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones AI -30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is 2 feet above the base flood elevation. 18 STATE OF TEXAS _ COUNTY OF WIALOS appe ars Or, and true recorded n corr e appyopriateseme records of Brazos, (:aunty, Texas J fireraoy certify, nn ? � Co Clem 4 ;• & C azosounty,Texas Vol. J� J //,,,, =r— Pg. 1 Ps 37 Doc 6k Vol Ps 01119495 OR 10664 59 (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist Rotation, collapse, and lateral movement. (5) Recreational Vehicles Require that recreational vehicles placed on sites within Zones Al -30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. STANDARDS FOR SUBDIVISION )PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (6) All subdivision proposals which include land which is encroached by areas of special flood hazard must include the placement of a permanent benchmark indicating the elevation relative to mean sea level. The benchmark 19 STATE OF TEXAS 7O N9OFF9BRAZeandc appoars On hle and rarnrdad n qrreci he a Py as the name records of Eirazns, county,. Tez PProprlete TherebycertI ,on 1 j P !� „ County clu Vol. / g. I 01119595 UR 10654 P 59 must be located within the platted property, and must be indicated on the subdivision. plat. If all floodplain is contained within a drainage easement, a benchmark is not required. SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AOJAH ZONES Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated 2 feet above the base flood elevation, or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified). (2) All new construction and substantial improvements of non - residential structures; (a) have the lowest floor (including basement) elevated 2 feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. STATE OF TEXAS COt1N1Y OF BRAZOS The Inrerlolnt iS a Irue and correct Copy as the same appoars on fiMe and recorcled In the approprlate 20 racords of Brazos,.Counly, 79xas 'rherobycertity,or, C _• Brazos Co my. T exas `701. -------- �— Pg' oioz,.., t Texas 01119495 OR 10665 p 60 SECTION E. FLOODWAYS Floodways • located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Under the provisions of 44 CPR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. SECTION F. SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION O. PENALTIES FOR NON COMPLIJ4NCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements is subject to the following penalties: (1) CIVIL PENALTY: A person who violates this court order is subject to a civil penalty of not more than $500.00 for each act of violation and for each day of violation. coi FE OF f I �S 21 The ears n f(fa and in he approp � records of Brazos, County, texas 1 herebycerti6•, at V��" OWN 1 %GJ Illy CI Brazos Caunly, Texas Vol. 1 & 1 p I & `� 011355 84 10,8 P 61 (2) CRIMINAL PENALTY: (a) A person commits an offense if the person violates this court order. (b) An offense under this court order is a Class C misdemeanor. Each violation of this court order and each day of continuing violation is a separate offense. Any person shall, upon conviction, pay the related fine as specified above for each violation, along with all costs and expenses involved in the case. SECTION H. ENFORCEMENT BY POLITICAL SUBDIVISION (1) If it appears that a person has violated, is violating, or is threatening to violate this court order or a rule adopted by order issued under this court order, a political subdivision may institute a civil suit in the appropriate court for: (a) injunctive relief to restrain the person from continuing the violation.or threat of violation, including an order directing the person to remove illegal improvements and restore preexisting conditions; (b) the assessment and recovery of the civil penalty; or (c) both the injunctive relief and the civil penalty. (2) On application for injunctive relief and a finding that a person has violated, is violating, or is threatening to violate this court order or rule adopted, or order issued under this court order, the Brazos County Commissioners Court shall grant the injunctive relief that the facts warrant. (3) Nothing herein contained shall prevent Brazos County from taking such other lawful action as is necessary to prevent or remedy any violation. ORDINANCE BECOMES EFFECTIVE: VUU (efLec e dath STATE OF TEXAS COUNTY OF HRA7OS The forepolnr a true and correct copy as the same appears an fi 0 and rcrordeh,in the appropriate 22 records of Wzos, County, JUas Thereby certify, on cctn {y 100 Crunly CIe Brazos County, Texas Vol. 1 & / Pg. ... I W:,11i OCC Ilk Val THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS 01119595 OR 10664 ORDER N0.12-005 RE: CONSIDER ADOPTING THE FEMA 2012 FLOOD PLAIN MAPS DETERMINING FLOOD PRONE AREAS IN BRP OOSS NO ON ORDINAN APPROVED Y FE CORRESPO ND I NG FLOOD DAMAGE O ION BY mmissioner1L SECONDED BY Commissioner �n S nQ that the follo ng action be taken by the Commissioners Court: Ord lna�nce l � attached hereto, are consistent �wth the g g eneral purposes of Chapter 6 of Na Taxes Water Code end FEMA requirements; NOW, THEREFORE, IT IS HEREBY ORDERED by the Commissioner$ Court of Brazos County, Texas that the documents attached hereto, entitled 'FEMA 2012 prevention dinance', the flame being hereby Incorporated fully Ma referenceherein, be and Is hereby O adopted, effective Immediately. fk MOTION TO APPROVE was made by l i � and seconded* APPROVED this � day of �' 2012 by a vote of � Ayes and Nays. Peters, County Judge Comm seloner Lloyd Wassermann Precinct 1 Atn! Co mmleak Commiaelonar Kenny Mallard Precinct 4 Precinct 3 ATTEST: Karen McQueen, County Clerk Ps 62 STA71= OF TEXAS COU14TY OF RPAZOS Thu foregoincJ'in a true and corroct copy: as the same appoam on file and record3d in Ine appropriate records of Brazos. County, Texas Thereby conify, on 0- t���• '' CounPr CIOrS Brazos Couuly, Toxas Order No. 12-005 Vol. P g -- t. STATE OF TEXAS § COUNTY OF BRAZOS § ACKNOWLEDGEMENT DOC 8k 01119 95 OR 10664 P63 BEFORE ME, the undersigned authority, in this day personally appeared Duane Patera, the Brazos County Judge, and Lloyd Wassermann, Sammy Catelene, .LEaYaril-and Irma Cauley, the Commissioners of Brazos County, and are the persona whose names are subscribed to the foregoing Instrument, and acknowledge to me that they executed the sarme for the purposes and consideration therein expressed. GIVEN UNDER MY HAND and seal of office this Bth day of May 2012. . .........NMIN- ole E ky TASTE e geA a mo e Notary ublk, State of xae Re NN�rN�1��NeNN iBRA %Cj VOI. � it Filed for Record ink BRAZOS CO" Uor tbv 08,2012 at 03158P As a No Charge Recoedines Document Nueterr 01119595 Amount .00 Receipt Nusber - 437518 Bvr Flo Yorkman STATE OF TEXAS COUNTY OF BRAIDS I berets certifv that this ibstrusent vas filed an the date and tiff stewed hereon by se and was duly retarded In the value and one of the Official Public records aft BRAZOS COUNTY as stowed hereon by so. Nov 084012 Koren KcQueanr Brazos taunts Clark - BRAZOS COUNTY STATE OF TEXAS COUNTY OF BRAZOS fhu fnregoin J is a true and appaarcun Zile and incom records of tfrazos, County, 'fhemby certify, on . c T. j;W" pg. rnrrk +ct copy as the earn ed in the appropriate Texas A;tt�{[ k 0enty ( [hams County, Texas I Coversheet � ®y O F 0ie BRAZOS COUNTY BRYAN,TEXAS rM Print DEPARTMENT: DATE OF COURT 518/2012 MEETING: Page 1 of 1 ITEM: Out of state travel request for Commissioner Mallard to travel to Washington. D.C. with the Chamber of Commerce. Dates of travel are May 7 -10, 2012. TO: Commissioners Court FROM: DATE: 05/01/2012 FISCAL IMPACT: No SOURCE OF FUNDS: NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: ATTACHMENTS: Name: Description Type: No Attachments Available Duane Peters Date County Judge http:// bcagendaintranet /Bluesheet.aspx ?ItemID- &MeetinglD =326 5/3/2012 r7 r4o � ��`�� st.r Y 0-, Dat Vol. pg. /69 Wa pp Premier �. Par i Customer Background & Requirement Brazos County, Texas currently uses a SunGard system called FinancePlus to deliver functionality that supports HR, the Treasurer and some financials. A new version of the application is being implemented and with it, a new version of Cognos BI for their report writing needs. FinancePlus is running version 8.4.1. As Cognos is currently an release 10.1.1, most of our training curriculum that runs publicly supports version 10. However, we do have curriculum for Cognos BI vs.8 which we will use as the basis for this training. This proposal adds 2 more days to the original training proposal that has been approved. This will allow unto teach the entire Cognos 8 Report Studio curriculum and hopefully have time at the of the class to show an example or do something within your Cognos environment to help solidify the training with what's familiar. It is expected that 5 — 10 students will attend the training with the skill range varying from power users to end users. There is maximum of 10 students per training class. Approximately 10 days prior to class, we will need the student count so that we can print and ship the manuals for the training. Data ..Ical;ity Vol.__ �=— Pg'���— k� Schedule We have scheduled the training onsite for May 21— 23, 2012. Price Quote for Onsite Training Notes: 1. Price quote valid for 30 days. 2. For Onsite training, maximum class size (student count) is 10 students. 3. Onsite training costs do not include reasonable instructor travel and expenses. 4. For Onsite training, cost includes instructor, virtual classroom environment, training curriculum, student manual and shipping. 5. Payment may be made in advance by check, credit card or NET30 after credit approval. 6. Courseware is licensed and cannot be duplicated. DataCi�rfl J Training Service Terms and Conditions These Training Service Terms and Conditions ( "Terms ") set forth the basis upon which DataClarity Corporation ( "DataClarity ") will provide training classes ( "Training ") using DataClarity course materials ( "DataClarity Course Materials ") at specified locations and times agreed with customer ( "Customer ") for delivery to Customer's designated attendees ( "Attendees "). 1. Ordering. Customer shall provide DataClarity with firm requests for Training via electronic transmission or as otherwise required in accordance with DataClarity's guidelines. Requests shall include at a minimum the name of the Attendees, scheduled date, location and name of the requested training course. All requests placed by Customer shall be governed by these Terms, and any terms set forth in Customer's ordering document in addition to or inconsistent with these Terms shall be of no force or effect. These Terms supersede all prior statements, representations, discussions, negotiations and agreements by the parties, both oral and written, All requests are subject to DataClarity's acceptance. Training shall commence on the dates specified by DataClarity in its acceptance. 2. Payment. Customer agrees to pay for Training according to DataClarity's published prices current as of the date of DataClarity's acceptance of Training request, unless otherwise agreed in writing pursuant to a proposal. All payments, whether by credit card or other form acceptable by DataClarity must be received at least seven (7) days prior to the commencement of Training. For reservations made within seven (7) days of Training, payment must be received prior to the commencement of Training. At DataClarity's discretion, Customer may qualify for DataClarity's credit terms, in which case payment will be due thirty (30) days from date of DataClarity's invoice. Any overdue amounts shall be subject to a finance charge at the rate of 1.5% per month commencing on the date such amount becomes overdue, or the highest rate permitted by applicable law, whichever is lower. All applicable local sales or use taxes, duties and other imposts, if any, due on account of purchases hereunder shall be paid by Customer. 3. Responsibility of Customer. a. Prerequisite requirements. DataClarity reserves the right to refuse or limit any services for Training if a Customer or Attendee fails to satisfy the requirements for a Training course as published or provided to Customer by DataClarity prior to the start of such course. In such cases no refund or cancellation fee will be paid. b. Good conduct. DataClarity reserves the right to refuse, limit or cancel any Training if a. Customer or Attendee in the opinion of DataClarity has displayed unreasonable or unprofessional behavior or is deemed to be disruptive. In such cases, no refund or cancellation fee will be paid. c. Same condition. Customer and Attendees agree that all facilities and equipment licensed for use during the Training shall at the end of the Training be in the same condition as initially provided, wear and tear excepted. 4. Ownership of Materials. Ownership of all copyright and other intellectual property rights in the DataClarity Course Material, including any documentation, data, technical information and know -how provided to Customer and /or Attendees as part of the Training remains vested in DataClarity or its suppliers. All such information shall be held in confidence and may not be disclosed or copied to third parties, without the express written permission of DataClarity or its suppliers. Upon payment of all sums due, DataClarity grants Customer a non - exclusive, non - transferable license to use internally a single copy of the DataClarity Course Material for the sole benefit of each Attendee registered for Training. D taCl a, i o T Vol. __L621— 5. Cancellation Policy. You may cancel this engagement at no charge at any time before ten (10) business days prior to the start date. If you cancel within ten (10) business days prior to the start date, you may be charged 50% of the total engagement fee for the canceled days. 6. Warranty. DataClarity warrants that its personnel are suitably qualified and experienced to perform Training. Except as expressly represented otherwise, and to the extent not prohibited by law, all Training, including any documentation, publications, software programs or code, and other information provided by or on behalf of DataClarity or its suppliers to Customer or Attendee are furnished on an "AS -IS" basis, without warranty of any kind, whether express, implied, statutory or otherwise especially as to quality, reliability, timeliness, usefulness, sufficiency and accuracy. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY DATACLARITY AND ITS SUPPLIERS. NO ORAL OR WRITTEN INFORMATION PROVIDED BY DATACLARITY SHALL CREATE A WARRANTY UNLESS INCORPORATED INTO THESE TERMS. 7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, DATACLARITY AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES, SUCH AS LOST PROFITS, ARISING FROM THESE TERMS EVEN IF DATACLARITY HAS KNOWLEDGE OF THE LIKELIHOOD OF SUCH DAMAGES. IN THE EVENTTHAT DATACLARITY SHALL FAIL TO PROVIDE TRAINING IN ACCORDANCE WITH THESE TERMS, DATACARITY'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF THESE TERMS SHALL BE FOR DATACLARITY TO USE ITS REASONABLE EFFORTSTO REPERFORM THE TRAINING WITHIN A REASONABLE PERIOD OF TIME; PROVIDED, THAT IN THE EVENT DATACLARITY IS UNABLE TO REPERFORM, DATACLARITY MAY ELECTTO REFUND ALL PAYMENTS ACTUALLY RECEIVED BY DATACLARITY FROM CUSTOMER FOR THE TRAINING IN QUESTION, IN FULL SATISFACTION OF DATACARITY'S OBLIGATIONS. SUCH REFUND SHALL CONSTITUTE DATACARITY'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR SUCH BREACH. IN NO EVENT SHALL THE AGGREGATE LIABILITY FOR DAMAGES OF DATACLARITY, ITS EMPLOYEES OR AGENTS, ARISING FROM THESE TERMS WHETHER BY CONTRACT OR TORT EXCEED THE AMOUNTS CUSTOMER ACTUALLY PAID DATACLARITY. TO THE EXTENT NOT PROHIBITED BY LAW, THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ' PERSONAL INJURY AND DEATH, 8. General. The laws of the State of North Carolina shall govern these Terms and shall be applied as if these Terms were entered into and performed entirely within North Carolina between North Carolina residents. The venue for settling any disputes shall be the courts for the jurisdiction of Wake County, North Carolina. Neither party shall be liable for any delay or failure to meet its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to war, riot, insurrection, civil commotion, labor strikes or lockouts, shortages, factory or other labor conditions, fire, flood, earthquake or storm. If any provision of these Terms should be held to be unenforceable or invalid for any reason, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions, and the parties will substitute for such provision an enforceable and valid provision that most closely approximates the intent and economic effect of the unenforceable or invalid provision. No modification to these Terms will be binding unless it is in writing and signed by an authorized representative of each party. DataClarity may use subcontractors to perform Training. No assignment is permitted by Customer under these Terms and any attempt to assign shall be null and void. Data'- 'laritY vol. ____LhL- Pg• ' - r 5. Cancellation Policy. You may cancel this engagement at no charge at any time before ten (10) business days prior to the start date. If you cancel within ten (10) business days prior to the start date, you may be charged 50% of the total engagement fee for the canceled days. 6. Warranty. DataClarity warrants that its personnel are suitably qualified and experienced to perform Training. Except as expressly represented otherwise, and to the extent not prohibited by law, all Training, including any documentation, publications, software programs or code, and other information provided by or on behalf of DataClarity or its suppliers to Customer or Attendee are furnished on an "AS -IS" basis, without warranty of any kind, whether express, implied, statutory or otherwise especially as to quality, reliability, timeliness, usefulness, sufficiency and accuracy. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY DATACLARITY AND ITS SUPPLIERS. NO ORAL OR WRITTEN INFORMATION PROVIDED BY DATACLARITY SHALL CREATE A WARRANTY UNLESS INCORPORATED INTO THESE TERMS. 7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, DATACLARITY AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES, SUCH AS LOST PROFITS, ARISING FROM THESE TERMS EVEN IF DATACLARITY HAS KNOWLEDGE OF THE LIKELIHOOD OF SUCH DAMAGES. IN THE EVENTTHAT DATACLARITY SHALL FAIL TO PROVIDE TRAINING IN ACCORDANCE WITH THESE TERMS, DATACARITY'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF THESE TERMS SHALL BE FOR DATACLARITY TO USE ITS REASONABLE EFFORTSTO REPERFORM THE TRAINING WITHIN A REASONABLE PERIOD OF TIME; PROVIDED, THAT IN THE EVENT DATACLARITY IS UNABLE TO REPERFORM, DATACLARITY MAY ELECTTO REFUND ALL PAYMENTS ACTUALLY RECEIVED BY DATACLARITY FROM CUSTOMER FOR THE TRAINING IN QUESTION, IN FULL SATISFACTION OF DATACARITY'S OBLIGATIONS. SUCH REFUND SHALL CONSTITUTE DATACARITY'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR SUCH BREACH. IN NO EVENT SHALL THE AGGREGATE LIABILITY FOR DAMAGES OF DATACLARITY, ITS EMPLOYEES OR AGENTS, ARISING FROM THESE TERMS WHETHER BY CONTRACT OR TORT EXCEED THE AMOUNTS CUSTOMER ACTUALLY PAID DATACLARITY. TO THE EXTENT NOT PROHIBITED BY LAW, THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ' PERSONAL INJURY AND DEATH, 8. General. The laws of the State of North Carolina shall govern these Terms and shall be applied as if these Terms were entered into and performed entirely within North Carolina between North Carolina residents. The venue for settling any disputes shall be the courts for the jurisdiction of Wake County, North Carolina. Neither party shall be liable for any delay or failure to meet its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to war, riot, insurrection, civil commotion, labor strikes or lockouts, shortages, factory or other labor conditions, fire, flood, earthquake or storm. If any provision of these Terms should be held to be unenforceable or invalid for any reason, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions, and the parties will substitute for such provision an enforceable and valid provision that most closely approximates the intent and economic effect of the unenforceable or invalid provision. No modification to these Terms will be binding unless it is in writing and signed by an authorized representative of each party. DataClarity may use subcontractors to perform Training. No assignment is permitted by Customer under these Terms and any attempt to assign shall be null and void. Data'- 'laritY vol. ____LhL- Pg• ' - Proposal Acceptance I accept the Training Proposal and subsequent Price Quote for the training services described herein for the amount of $5,200 plus applicable taxes. I have read, understand and agree to comply with the enclosed Training Service Terms & Conditions, and acknowledge that payment can be made by check, credit card or NET30 after credit approval. Date: Signal Name: Title: Company: Brazos County, TX. Proposal f#2 Checks should be made payable to DataClarity Corporation and sent to the following address: DataClarity Corporation 7200 Falls of Neuse Road / Suite 202 Raleigh, NC 27615 919.256.6700 Fax 919.256.6799 Please sign and return the proposal by fax or scan and e-mail to sales(@dataciaritycorp.com no later than 10 days before the scheduled start date of the training engagement and prior to May 26, 2012, the proposal expiration date. 6ata l�rit•>f Vol. _1k-- Pg._L1-- ® HART Pricing Quote intercivic Deb April 11, 2012 Customer Bm;ocs County. TX Customer PO Of applicable) System Version HVS 8.2.1 Additional Notn with signature to 512- 252 -9923 toplafe the order. Requested Dollvary.dab Item Descrindion City. Unit Price ExL Prize Remarks 1 ePollbook software seats 13 1 $575.00 57,475.00 2 ePNlb hI rdware kits 13 $1,200.00 515,000.00 Contains ngged¢ed Dell nelbook with touch screen and 6 hr battery, 3 track magnetic strip reader for Driven' Licenses, label primer and two mss of labels, and hard - siderJ molded carrying and stOn9a case 3 ePdlbook beroode scarmera 17 $200.00 53,400.00 For scanning VR cards In the polling places Fkst year license and support for 13 $30.00 $227.50 Pmvvled. License and suppod wie be prorated (to the ePollbook Software, loaded on Hart Merest mon7hJ from the data of execution of this nslbookA prorated for 7 months to document to rice confraot anniversary date align with contact anniversary SuMMSI $28,702.50 I Shipping and handlinu I I 5172.50 Estimated Tribal $26.875.00 Terms and Cwtiltlons: Annual license and support fees will be applled according to Hart's Warranty, License and Support Agreement, located here: htlp:)Amvn.hartir -m leposbookwaremy4462011 Prices ere ~we for 30 days from dab of quilts. Box 111 M, TX 77808 bra2oa.lx.0e RM E. 28th Street 0120 n. TX 77803 Title: Sales Representative Vol. O HART Pricing Quote 7rtercivic Ds Ape 11 2n12 Dufaasr &eea C ^^N TX cmbmu M (d AO®!aW 4111 171111 Prke I EA Pffts RY 1 sPofaook sadwrs sub 15 337em !!=M 2 amlxoollMrowsn qb 11 312MOO A200 W Coraans nA)PdlLd Dal lrtaoM wMlaRA SfMa a MM q.3 balk msar csap lssder lar 6iw' lJeuga, Isael pm. s Y rills m a" alw narU aieed npMed carylrq "stripe abs 3 Balkepa`b seMtr RaAS0a,2 1 32770.m $2,770m lwlu PM rauJb astalmisMm Mys site sW aianbeon, saceplann l"*t sM esWelm. Ne oMlte aaim% m on lner agww4, poWng pif uas, am TFNA deb mipretim. Cmsawucaw 1 338.50 39&50 5 g R^y abb 7 Um.m s1.s00.m Far sCAMe,'1 VR pNS h"ptlhp pew 6 Wolbmh.IBC MYeeaM eppuueon 1 $7,= 37.5m.m 7 Belcade seemrs,2D a 3]m.m $2.te0 Fou ysutlmas sM wppoa hr 1. $1,Sm.m (875.01 Pmntetl Iinelbe -ppal e97 !!P'orsW (e m sWnoOCaJBC Inbred sdMSn, xas3t mane) Barn fM mfs daeoNln a eYs pfa1W b7 ma baimw 01 axunlua a IM Nrdtazd UAVWSaryOW rorua¢ arclwsrary FYe[yW liramse nb wppontor 1 SOOm 31a0m Pnllefsd. lcenae UpPa'I ailaproseO (Ib eM ePdYmk sdwan, neasd on a rsaba7aladN 7rtun the tlsts d mecabn d)8q maryy PC. W"W be 7 Mo X to dxunwrf a eM cnnkaCl ennnarsNy OBie a571 will rorbltl amwnuy MM yW llpnM Sad SLMW for 11 330.m S1B2.m Proaletl. lironae eMauSpYf wNapeasladflofM epoY0mi1 soft alaedsam Hut Mareu mod) Rom IM owe d "Ww of vw mm' , Wm tar? rmrdb b dpwrnenf m !q mra2d anre 17 date sl�wen oabnu unMb+7 81Abb1 f3 �l 311Um y:afYlltlW Told 337.011. Tslab Md can"e ; Amyl Ynarus s ,,pM Iae wR M appW aQ ng to Heffa Wubnly, Licans arltl 5 W pat APYemom, q d h— hl pliwww.Mlc.mMapoYDaoMwertentY paw. aRatllw 7a W drys Iran deb ayaob. Boa 111 m TX 77808 =5 Vol. ® HART Pricing Quote intercivic' Date April 11 2012 - Customer Brezos County TX — Customer PO (It applicable) System Version Additional None tax with signature to 512- 252 -6923 to placa this order. Requested Dellvery data it= Descri on. Unit Price Est. Price Romance 1 sP011book Software seats to to $675.00 St,Z00.a0 59,200.00 379,200.00 Contains rup9edized Dell natbaok veth touch screen and 2 eFbllbool hanlware kits 6 hr battery. 3 track magnetic SOP reader for Drivers' Licenses, label printer and two rolls Of labels, and hard - sided molded carrying and Storage case 3 ePdlbaek barcode scanners 18 $200.00 $3,200.00 For scanning VR cards in the polling Places First year license and support for 16 $30.00 $28000 rerat ifl t o poed (to the nearest . Lfc a hom o epollbook software, Wood on Hart date of netbooks, prorated for 7 montns to document to the contract anniversary date align with contract anniversary SUhfotat 331,880.00 Shi nine and ha 3180.00 Estimated Tout E132,040DO Terms and Condidons: Annual license and support fees win be applied according to Hart's Warranty. License and Support Agreement, located here: http:lMw ha rtk:.comiepcnlwokwananty F n Address and Phone acQueen, County Clerk 28th Street, 8120 TX 77803 Shl in Irttdructfons /dr Tlde• Sales Representative n.t.. Vol . — I -- �� Priem am aHadtive until 6116112. ® HART inrercivia April 6, 2012 Brazos County Clerk's Office Attn: Karen McQueen County Courthouse 300 E. 26th Street, Suite 120 Bryan, Texas 77803 Dear Ms. McQueen, This letter is regarding Hart InterCivic's Hart Voting System (HVS) and its associated Hart software and Hart hardware, including Hart's Electronic PollBook (Hart ePollbook) and Access Code On Demand (ACOD). The HVS and/or its individual components, HVS, ePollbook and ACOD software, and support may only be purchased or licensed for use in the State of Texas from Hart Inter Inc. The license to use the software in the State of Texas may only be issued by Hart. Maintenance for the Hart software and Hart hardware in the State of Texas is only provided by Hart: Hart is the sole source in Texas for HVS, ACOD and the Hart ePollbook. The Hart Voting System (HVS) software applications are a proprietary group of products necessary for an authorized Hart customer to accomplish ballot creation, election management, tabulation and maintenance of the HVS equipment. The software and voting equipment will enable the customer to comply with the Help America Vote Act (HAVA) of 2002. The HVS software and equipment are certified by the Texas Secretary of State for use in elections conducted in the State of Texas. The Hart ePollbook is a proprietary software package that simplifies and digitizes the traditional paper PollBook at the polling place. Access Code On Demand (ACOD) is a proprietary integration piece between the Hart ePollbook and the HVS system. ACOD reduces the risk that a poll worker might give a voter a ballot with the incorrect ballot style. Hart InterCivic, Inc. is the only vendor capable of and authorized to provide support for Hart's HVS system, Hart ePollbook, and ACOD within the State of Texas. The Hart ePollbook and ACOD software applications are a proprietary group of products that work in conjunction with the HVS. The ACOD is the only Hart approved means of achieving integration between an electronic poll book and the proprietary HVS. The ACOD application is currently only available with the Hart ePollbook. If you have questions regarding any aspect of these Hart products and their authorized use, please do not hesitate to contact me. Regards, Phillip W. Braithwaite CEO Haz InmrCivic, Inc. • P08ox80679 • Aoatiq TX78708-0649 • 800.223.HART • Fax800.831.1485 infb@ha is com • w .harumercivic com Vol. /61 Pg 7 ORDER COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT FOR SOLE SOURCE MADE BY A COUNTY UNDER LOCAL GOVERNMENT CODE SECTION 262.024 The referenced Agreement between Brazos County and Texas Voting Systems for the provision of goods and services described in the referenced Customer Agreement constitutes a contract. The Brazos County Commissioners Court finds that this is a contract for goods and services for which competition is precluded due to limited availability by a sole source and is made by a county and is exempt from competitive bidding. This Order is made pursuant to Local Government Code §262.024 and is to be entered into the Commissioners Court minutes. APPROVED �APPROVED () B COMMSfO S COURT ON �� (DATE) Duane Peters, County Judge 8 Vol._ I�j P& '� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: May 8, 2012 ITEM: Consider and take action on acceptance of Saddle Ridge Subdivision into the Brazos County road maintenance system the road (Coleman Street) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: SUBMITTED BY: ' R. Alan Munger, P.61 County Engineer CC2012 -016 Catalena, Pct. 2 This Request is Approved V (or) Denied by Commissioners' Court Date: E. Duane Peters, County Judge APPROVEN BY: vol. 1 (01 p g. I °I BRAZOS COUNTY COMMISSI COURT ACTION FORM DEPA RTMENT Road and Bridle NUMBER 56001000 DATE OF COURT MEETING: May 8, 2012 ITEM: Request from Crimson Energy to construct a road bore (80' X 6" steel encasement with a 4" W lv pipe enclosed) for placement of a natural gas pipeline in the right of way of Old Bundick Road Company check in the amount of $500.00 accompanies this request Site is located in Precinct 2. SOURCE OF FUNDS: N/A EXCEPTIONS/NOTES Deposit $500.00 road crossing fee to Account No. 01- 460650. REQUIREMENTS • No work will be permitted between front slope and/or back slope. • No work shall be done within 3' of driveway culverts measured from outside culvert walls. • All installation(s) shall be constructed in designated utility easements, if applicable. If noutility easement exists, the installation(s) shall be 1) within 3.5' of and parallel to the right -of -way line and/or, 2) in the case of a road bore, perpendicular to the right -of -way line. • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way, • All disturbed areas shall be compacted in 8" lifts to 90% 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. • All disturbed areas will be seeded after completion of grading. • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site. • Provide "as built" drawing with "pothole" depths at centerline of ditches within 21 days of completion. SUBMITTED BY: R. Alan Munger, P. ommissio Sammy Catalena County Engineer Precinct 2 CC2012 -017 This Re guest is Approved' , or Denied 0, by Commissioners' Court Dater o Duane Peters, County Judge Vol. I Pg 1 8 - RE QUEST_ FOR. PROPOSED-INST.ALLAIION_IN_COUNTY. RIGHT -OF =1N TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 FROM: REF: Crimson Energy Partners III, LLC. Crossing x and /or Parallel Installation 306 W. 71h Street, Suite 825 Road: Old Bundick Road. Fort Worth, Texas 76102 Precinct Number . 2 Formal notice is hereby given that (applicant) Crimson Energy Partners Ili proposes to place a (type) Natural Gas pipeline within the right -of -way of (road) Old Bundick 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 rights -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 same 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. 5. That the line will be construcled and maintained on the County right -of -way in accordance with The Utility Accommodalan Policy which was adopted by the Texas Department of Transportation on May 29, 1989. E. That the line or lines will be constructed no less than forty-eight inches (48 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2) IbMcw 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. B. That all sites will be barricaded Curing the construction perrod. S. That the normal charge is 3500,00 per Crossing andlor 8130.00 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 gectechnical 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 Tra ffic Con rot 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 10th day of May , 2012 . APPROVED BY COMMISSIONERS' COURT ON: 5- Date o f / �R HS, Judge 1� v a X/`2 ``rr)) e: S APPLICANT: 16, Crimson Energy Partners III, L.L.C. Company Name Aaron Thesman, Vice President Representativerritle Company (817) 820 -0600 Telephone Number Revised 12/21/04 Vol. 1 (0, k, 1 I/n/M2 1&21:03 M .1 111 * , p z + Q A.&W. WOW) G ry N 47-0-M �4W— WAVC �"*M a 5 47-ii bimm w r + o 41-tyw kaw. Z: A �11 O CD WN"j 0 + T I I I M N M M M N M M N N N N N - ; :2 8 . P l7• M � 0 m � 14 V V I p. N 0 W 0 ru W RI, me m u 0 IL r z p. 13 Z z MTN NnIr z V . 1 9 < X . A MAP 2 2 :Z: z a s M . > r - Z ca 0 Z: !I 4 m 33 rn r p Z 0 r ARM c yy I c- rn CI z 11 S o 0 Fri M 0 0 ' m m 0 V) (A Z 0 8 + c 0 W KMV In Z LA c: -0500 on C�- iz 1 O,x z > 7j m > c: < ;0 ril 0 z A I :� ;u ca 0 mz P \ ^' D < m rn 0 (s) Q > ;0> U) 0 > mo 01 Ul F Vol. I(Of pg. 16' 6^ - BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 30.1-30.17 On this the 8th day of May 2012 at a.regular meeting of the Commissioners' Coma, the following members were present: A. Duane Peters, Comely Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 8th day of May 2012 the Court heard and approved a budget amendment for the 2011-2012 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 8th day of May 2012. THE. COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. B c( . Duane Peters, 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. 1 Lot pg. / R3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 30.1 518!2012 FUNDI DIV I ACCT PROJ DR1CR A CCOUNT NAME Increase Decrease 4500 63000500 j 80281000 CR Equipment - Flec(runic 4.]84.13 4500 63000500 1 67281000 DR E ui ment- Electronic 4,184.13 lCa ital Improvement Funds Reallocation of funds to add to correct account for the support of purchasing equipment - electronics. Budget Amendment 28.2 was approved on April 24, 2012. This Budget Amendment supports Requisition 00037417. Vol. 1 (01 p g. 1 e q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 -30.2 5/8 /2012 _FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 5800 18006000 80281000 CR Equipment - Electronic 6,310.14 5800 18006000 67281000 DR _ Equipment - Electronic 2,474,71 _ 5800 18006000 60500000 _ DR Office__ E quipment 575.08 5800 18006000 67203000 DR Minor Compu Iiardware 3,260.35 J I I County Attorney Op erating Fund Reallocation of funds to support the purchme equipment - electronics. This Budget Amendment supports Ret uisition 4'00037417. r = Prepared By - nnr�t Date � 8S Vol. 6 1 pg_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 30.3 5/9/2012 FUND DIV ACCT PROJ DRICR A NAME _ Increase Decrease 0100 1 1001500 61130000 CR Contingency _ _ _ 11,500.00 0100 /7000100 65050000 DR Buildin Maintenance 11,500.00 General Fund Contingency and Building Maintenance Reallocation of funds to purchwe rep lacement drive for the Administration Bui Wing Elevator. Prepared By Date 41-3012012: Vol. I b' Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12-30.4 5184012 FUND DIV ACCT PROJ DRICRI ACCOUNT NAME Increase r ase 0100 22000100 51640000 CR Hourly-Temporary 2,500 0100 22000100 51642000 DR Visiting Bailiffs 2,500.00 85th District Court Reallocation of funds to appropriate accounts. F — - Preparedi13 w nnm 'Date 1 Vol. —s 161 Pg. 1 ? 7 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 11112 - 30.5 516/2012 .. -... FUND DIV ACCT PROJ DR/CR ACCOUNT NAME _ Increase Decrease 0100 22100100 51640000 CR Houdy-Temporafy 3,400.00 0100 22100100 51642000 DR Visiting Bailiffs 2 0100 22100100 51641000 DR Visitin Lines 1,000.00 f - 272nd District Court Reallocation of funds to appropriate accounts. i Prepared By nnm Date " ' 4/302012 Vo1. 1 (9 / Pg•— °s-- =— BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 11112 -30.6 618/2012 FUND DIV ACCT_ _ PROJ DR/CR ACCOU NAME Increase Decrease 0100 22200100 5 - 1640000 CR Hourl - Tem rary 1,8U0.00 0100 22200100 51642000 DR lVisiting Bailiffs 1,800.00 I _ I I 361st District Court Reallocation of funds to a ro riate accounts. I Prepared.By nnrn Vol. t 6 I pg. 1$ q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12-30.7 4r-Wir FUND DIV - I - ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 0100 22200200 1 51640000 CR Hourly- Tem ora 351.00 0100 22200200 51641000 DR Visiting Judges 35100 361st District Cou - Judicial Su ort Reallocation of funds to appropriate accounts. Prep nnm .are y 6 413012012 vbt- 1 (0 t pg---IL --� 8RA2O5 COUNTY TEXAS BUDGET AMENDMENTS No. 11/1Z-3V0 0100 22500100 51640000 CR !Hourly - Temporary 600,00 .Juvenile Court Referee Reallocation of funds to appropriate accounts. � q/ ��,� �&O� Pm BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 30.9 5/6/2012 FUND. DIV ACCT PROJ DRICR ACCOUNTNAME Incr Decrease 0100 22800100 51640000 CR 11 lourly - Tem orar • 1,000.00 0100 22800100 51642000 DR lVisiti Bailiff - _ 1,000.00 Associate Judge #2 Reallocation of funds to a ro riate accounts. I i prepared'By nnm' pate 4/30/2012: Vol. �o Pg'-- ---- BRAZOSCOUNTY,TEXAS BUDGET AMENDMENTS No. 11112 - 30.10 srarzoiz FUND DIV ACCT PROJ 5R1CR ACCOUNT NAME Increase Decrease 0100 23000100 51640000 CR Hourly - Temp 2,000.00 0100 23000100 51642000 DR Visitin Bailiff _ 2.000.00 County Court at Law #1 _ Reallocation of funds to a ro riate accounts. A Prepared By nnm Data 4r30r2012: Vol. r /n l P9. /U BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 30.11 518/2012 FUND DIV _ ACCT PROD DRICR ACCOUNT NAME Increase Decrease _0100 23000200 51640000 CR Hourlv - Temporary 7,140.00 0100 23000200 51641000 DR Visiting Judge 7,140.00 f i County Court at Law #1 - Judicial Su t or( Reallocation of funds to appropriate accounts. i - - prnpared,By 'r nnm; 4130/2012_. Vol. / iO / P 1<74 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 30.12 :UNDI Di V ACCT 0100 1 23100100 51640000 0100 23100100 51642000 0100 23100100 51641000 Court at Law m RJCRI owrwi � ACCOUNT NAME I increase I Decrease CR dourl - Temporary ___ 2,940.00 DR Visi ting Bailiff _ 100.00 DR Visilin_ a , 1 2,840.D0 Prepared By. Dnm Date - _ `::i_ _ '413012012` P �' Vol. — � BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 11112 - 30.13 FUND--D-1V ACCT PROJ DR/CR ACCOUNT NAME Increa 0100 11001500 61130000 CR ec CoMin n 2,04100 0100 22800100 51642000 DR_ Visitin Bailiff _ 1,890.00 _ 0100 22800100 53100000 DR Social Securitv 145.00 0100 22800100 53800000 DR Worker's Com pensatio n 7.00 i General Fund Conti. enc and Associate Judge #2 Reallocation of funds to suppon an addition 126 hours for a visiting bailiff for remainder of FY 12. I Prepared By 6a[e 4l30/20i2', Vol. I & / p g . / 9 lP BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 30.14 ......... S /901? FUND Dl V _ _ ACCT PROJ DR/CR _ ACCOUNT N _ _ Increase Dec 3500 211200 61010000 _ CR Ads•ertisin Legal - 100.00 3500 211200 71502000 _ DR Rental Facility _ _ _ 100.00 Primary Election Services Reallocation of funds to support an increase in the rental fee for some of the polling places. Prepared By - " nnm _Date - `5rM0 Vol. 16/ Pg. 157 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 30.15 - - -- —-- - — 57 812012 -.— _. FUNDI DIV ACCT PROJ DRICR AC COUNT NAME _ In De 0100 22000100 61900000 CR Visiting Co Report _ _ 155.00 0100 22000100 j 51630000 DR Hourly Part Time _ _ _ 179.0 _ 0100 22000100 53100000 DR Social Se curity __ 10.00 0100 22000100 53200000 DR Retirement _ _16.00 I 85th District Court - Judge Lan Reallocation of funds to av a Substitutin Court Re rt Cor 4 hours on April 27, 2012. Vol. � Pg•-- -1=='_ BRAZOS COUNTY, TEXA: BUDGET AMENDMENTS No. 11/12 - 30.16 ._.�.. ... sraranl9 . FUND DIV ACCT PROJ DR/CR _ AC COUNT NAME Increase Decrease 0100 11001500 61130000 CR Conting 5,625.00 0100 14000100 71020000 DR Computer Contracts 5,625.00 General Fund Contingency and Information Technolo Reallocation of funds to increase the purchase of more bandwidth due to the upcoming elections. I i I PreparedBy, nnm', Date V3201Z Vol. Pp.----L-- -_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11 /12 - 30.17 5!812012 _FUND DIV ACCTPROJ DRlCR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Conting 1,504.80 0100 10000100 71050000 DR Rent Equipment 1,504.8 I General Fund Contingency and County Judge Reallocation of funds to increase rental-equipment for the Pre -Trial Bond Officer. Prepared By: nnm. Date Sf3/2012' Vol. 1 �D I Pg a 6 0 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: May 8, 2012 Department Submitting Information: Human Resources Purpose of S ubmissions: Consi and Take Action on Change Re quests Department Submitting Employee Request Action Requested Request(s) Applies To Brazos Center Green, Leonard Resignation McComb, Patricia Promotion Building Maintenance Auston, Janice New Hire Hermosilla, Lorenza Resignation Expo Nugent, Jack Juvenile Ellis, Jeremy Kitchen, Thomas SO- Jail Dozier, Kelly Ann Jones, David LaFerney, Robert Lopez, Alfonso New Hire New Hire Retirement Internship Ended Internship Ended New Hire New Hire Approved in Commissioners' Court: Ma 8 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) ;�_D Vol. I (P I Pg•- ---- Brazos County Purchasing Department Weekly Update 4/27/12 — 5/04/12 Number of PO's Processed: 60 Requisitions Completed: 3 Capital Payments: 4 Projects In Progress Construction Courthouse: Phase I & II - Complete Phase III - Currently working on detention area o n - Currently working on mechanical yard Bids/ RFP's/ RFQ's RFQ for Surveyor RFQ for Tax Office Architect Transportation of Deceased Poly Jute Dust Control Inmate Telephone Services 12" Rip Rap Sale of Scrap Metal Renewals Temporary Employment Services Cold Mix Limestone Asphalts and Emulsions Solicitation of Quotes Benches for Magistrate Courtroom AN for Magistrate Courtroom Vol. -_._ ( b-- j pg. 1� A VED rr ��a Duane Peters Date County Judge 1' floor in courtyard area - Solicitation in progress - Solicitation in progress - Awarded -Dept. reviewing specs - Specifications in Progress - Specifications in Progress - Specifications in Progress - Specifications in Progress - Solicitation in progress - Solicitation in progress 9 o,� Other Auction - Currently accepting items Purchasing Policy - Reviewing and revising policy Assets - Reconciliation of Period 6 is complete - All transfers of assets for FY 2012 are complete Sanctuary Courtroom - Most items delivered and installed Print Management - Working with IT department and vendor to have 3 month printing analysis done for a period Roof Replacement - Working on specifications Appliance Policy Versions in progress for Court review Vol. 1 b I p �1 03