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NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON JUNE 12, 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.
Consider and take action on agenda items 3 - 10:
3. Approval of the Community Emergency Operations Center Agreement.
4 Request permission to enter private property owned by Wilson and Sylvia Bradford locate
5.
7.
8. Budget Amendments.
Budget Amendments FY 11112 33.1 thru 33.5
Vol. �=-- P9.
BRAZOSCOUNTY
BRYAN,TEXAS
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9. Personnel Change of Status.
Personnel Action Forms
10. Payment of Claims.
11. Acknowledgement of the Brazos County Purchasing Department Update for June 4 - 8. 2012.
12. Sheriff's report on inmate population.
13. Announcement of interest items and possible future agenda topics.
14. Call for Citizen input and /or concerns.
15. Adjourn.
Vol. —Pg'�
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment
at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a
Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas
Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in
attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and
decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in
the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves
in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or
continued disruption of the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or
integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively.
Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence
and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and /or
4. such other and /or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings,Act ?
551.042.
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as 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 Court.
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 interpretive services must be
made two working days before the meeting. To make arrangements, please call (979) 361 -4102.
1 ®�. Pg.
MINUTES
June 12, 2012
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
50 File stamped Apenda.pdf
D Sian in sheet.pdf
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in
the Justice of the Peace, Precinct 2, Place 2 Courtroom in the Administration Building,
200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on
Tuesday, June 12, 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;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk, Absent.
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
2. Call for Citizen input and /or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 10:
3. Approval of the Community Emergency Operations Center Agreement.
Vol. Pg
BRAZOS COUNTY
BRYANJEXAS
Item 3.pdf
Approved as submitted. To become effective on the date of execution. A copy is
attached.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters ,
Wassermann .
4. Request permission to enter private property owned by Wilson and Sylvia Bradford
located on Wheelock Hall Road for the purpose of removing tree from right -of -way. This
work is being performed for the health, safety and welfare of the general public. Site is
located in Precinct 2.
D Item 4.pdf
Approved as submitted
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters , Wassermann .
5. Request permission to enter private property owned by Thomas and Karen Salamon
located on Old Bundick Road for the purpose of trimming and removing underbrush
along fence line. Project will improve sight distance around curve. This work is being
performed for the health, safety and welfare of the general public. Site is located in
Precinct 2.
D Item 5.1)df
Approved as submitted.
6. Request permission to enter private property owned by Martha J. Williams located on
Old Bundick Road for the purpose of trimming and removing underbrush along fence
line. Project will improve sight distance around curve. This work is being performed for
the health, safety and welfare of the general public. Site is located in Precinct 2.
0 Item 6.pdf
Approved as submitted.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters, Wassermann .
7. Request from Verizon Communications to construct buried cable (25 pair 24 gauge
copper) installations in the right of way of Shirley Road beginning at its intersection with
FM 1179 extending for a distance of approximately 1,622 feet; cable placement will be a
minimum depth of 30 inches. Site is located in Precinct 2.
0 Item 7.pdf
Approved as submitted.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters , Wassermann .
8. Budget Amendments.
Budget Amendments FY 11/12 33.1 thru 33.5
D Item 8.pdf
Vol._— Pg.�
33.1 Set up of new TxDOT Step Grant
33.2 Reallocate funds for Hotel Occupancy Tax
33.3 Reallocate funds for Expo Center
33.4 Reallocate funds for Justice of the Peace, Precinct 4
33.5 Reallocate funds for County Judge
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
9. Personnel Change of Status.
Personnel Action Forms
0 Item 9.odf
A copy of the Personnel Change of Status Requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
10. Payment of Claims.
D Claims Sheet.pdf
BILL LIST 6.12.12.odf
7098834 through 7099069
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley , Mallard, Peters, Wassermann .
11. Acknowledgement of the Brazos County Purchasing Department Update for June 4 - 8,
2012.
E'D Item 11.pdf
The Court acknowledged receipt of the Purchasing Department Weekly Update.
12. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 539 inmates in jail, 81 have electronic monitors and
15 are pending for monitors.
13. Announcement of interest items and possible future agenda topics.
Laura Davis, Treasurer announced that the "Unclaimed Funds" website is up and
running under the Treasurer's office on the County's website.
14. Call for Citizen input and /or concerns.
There was no citizen's input.
15. Adjourn.
Vol. 163 p to
The foregoing minutes of the Commissioners Court meeting held June 12. 2012 have
been examined and are approved in open Court this —3191 day of
J 2012, in Bryan, Brazos County, Texas.
County Judge
/-- ,4QtiEL W
Loyd assermann
Commissioner, Precinct 1
Kenny Mallard
Commissioner, Precinct 3
Irma Cauley
Commissioner,
4
Attest:
Karen McQueen
County Clerk
Vol 1(9-3 Page
BRAZOS COUNTY COMMISSIONERS COURT
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Vol. � Pg. 9
AGREEMENT
COMMUNITY EMERGENCY OPERATIONS CENTER
STATE OF TEXAS
COUNTY OF BRAZOS
THIS COMMUNITY EMERGENCY OPERATIONS CENTER AGREEMENT (herein
the "Agreement ") is made to be effective on the date of execution by the last signing party, by
and between the City of Bryan, a Texas Home Rule Municipal Corporation (hereinafter referred
to as "Bryan"), and the City of College Station, a Texas Home Rule Municipal Corporation
(hereinafter referred to as "College Station "), Brazos County, Texas, a political subdivision of
the State of Texas (hereinafter referred to as the "County ") and Texas A &M University, a
member of The Texas A &M University System, an agency of the State of Texas (hereinafter
referred to as "TAMU'D.
WHEREAS, the parties are entering into this Agreement in order to coordinate plans and
assets to provide for the protection of the health, life and property of the citizens of the Brazos
Valley during times of natural disasters or man-made calamities;
WHEREAS, the parties are authorized to make and enter into this Agreement under the
Interlocal Cooperation Act (Subchapter B of Chapter 791 of the Texas Goverment Code), the
Texas Disaster Act (TX Government Code Chapter 418) and other applicable laws of the State of
Texas pertaining to emergency services;
WHEREAS, the parties have combined their current individual emergency management
departments into one central location to increase communication, reduce costs and better
coordinate services from one central point in the event of a natural or man-made disaster;
WHEREAS, the primary objectives for operating the Community Emergency Operation
Center are as follows:
(a) to operate a central location in order to achieve the least possible operational cost
for the parties.
(b) to combine services in one location to improve communications among the parties
and deliver emergency service in a coordinated, efficient manner.
NOW THEREFORE, Bryan, College Station, the County and TAMU hereby contract and
agree as follows:
Vol. � Pg• 9
ARTICLE I.
DEFINITIONS
Section 1.01. DEFINITION OF TERMS. In addition to the definitions stated in the
preamble hereof, the terms and expressions as used in this Agreement, unless the context clearly
shows otherwise, shall have the following meanings:
(a) "Agreement" or "this Agreement ", means this contract and any similar contracts
executed between the parties with respect to the establishment of a Community Emergency
Operation Center,
(b) "Board" means the Policy Advisory Board to the Community Emergency
Operation Center.
(c) "City" or "Cities" means a Texas home rule municipality, specifically College
Station and Bryan.
(d) "Community Emergency Operation Center" or "CEOC" means the centralized
joint operation of the parties' emergency services departments in the Leased Premises in Bryan,
Texas.
(e) "Landlord" means Fibertown DC, LLC.
(f) "Leased Premises" means space within the Wimberly Building, 110 North Main
Street, Bryan, Brazos County, Texas as described in paragraph 4.02.
ARTICLE II.
STATEMENTS RELATED TO GENERAL PURPOSE
Section 2.01. OVERALL PURPOSE. The Cities of Bryan and College Station, the
County and TAMU enter into this Agreement to operate the Community Emergency Operations
Center (hereinafter referred to as the "CEOC"). The primary purpose of the CEOC is to achieve
a cost savings to the parties by the elimination of duplication of services and to provide a more
effective, efficient delivery of emergency services for the participants in the CEOC through the
joint operation of one central location for such services.
ARTICLE III.
ORGANIZATION AND GOVERNANCE
Section 3.01. POLICY ADVISORY BOARD. The parties do hereby establish a Policy
Advisory Board (Board). The Board shall be comprised of four voting members as follows: the
Mayors of Bryan and College Station, the County Judge and the President of TAMU or a
designee for each such party, as authorized by their respective governmental body.
Section 3.02. BOARD DUTIES AND MEETINGS. The Board shall have the power to
request, receive and review such information as it deems necessary to provide recommendations
to the Bryan City Council, the College Station City Council, the County Commissioners Court
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Vol. 3 Pg. 0
and TAMU administration regarding the CEOC's joint purchases, if any; long range plans and
future space requirements; the CEOC's effectiveness in achieving the purpose set forth herein
and to resolve and recommend solutions to any unforeseen administrative issues. The Board has
no authority over personnel matters. The Board has no rule- making power and is not a
governmental body as defined in §551.001 of the Texas Government Code. The Board shall,
however, provide notice of its meetings and conduct its meetings in the same manner as a
governmental body is required to do under the Texas Open Meetings Act, Chapter 551, Texas
Government Code. The Board shall meet annually, or as often as it deems necessary to meet its
duties under this Section. Any member of the Board shall have the authority to call a meeting of
the Board upon fifteen (15) days' prior written notice.
ARTICLE W.
GENERAL OPERATING REQUIREMENTS
Section 4.01. CENTER OPERATOR. Each parry shall employ its own staff to man its
individual emergency office at the CEOC. Each party agrees to house its current emergency
management staff at the CEOC. There shall be one paid administrative support staff member at
the CEOC. The College Station support staff member shall remain an employee of College
Station, subject to the control and direction of the City Manager of College Station. The City
Managers of College Station, Bryan, County Judge, or designated representatives, and
designated representatives of TAMU shall approve the essential duties and job functions of the
CEOC staff. Bryan, the County and TAMU shall each reimburse College Station twenty-five
percent (25 %) of such staff support member's salary and other employee benefits when invoiced
by College Station. The Policy Advisory Board shall make recommendations as to the operation
and management of the CEOC. However, separate emergency management protocols as
approved by the parties under agreements or as required by state and federal laws or regulations
applicable to the specific nature and location of emergency events shall dictate the management,
chain of command and general operating procedures for a CEOC event.
Section 4.02. LEASE. Bryan has executed a lease with Astin Redevelopment, L.P.
which has been assigned to Landlord for the rental of a portion of the Wimberly Building, 110
North Main Street, Bryan, Brazos County, Texas (herein the "Lease ") within which the CEOC
shall be housed. Bryan shall not execute the Lease without the prior consent of all parties to this
Agreement. College Station, the County and TAMU shall each reimburse Bryan for 25 percent
of the rents and other expenses set forth therein. The parties herein agree, as among themselves,
that Bryan shall provide a credit to each party equal to each party's proportionate share of any
rent abatement granted by the Landlord in the event of a partial destruction of the Leased
Premises as set forth in Paragraph 6.5(b) of the Lease. Such apportionment shall be a ratio equal
to each party's damaged or destroyed square footage divided by the total square footage of the
leased premises and multiplied by the abated rent. Bryan shall not modify the Lease without the
written consent of College Station, the County and TAMU. Bryan shall forward to College
Station, the County and TAMU all Notices it receives from the Landlord relative to the Leased
Premises and shall not settle any dispute arising under the Lease without the advice and
consultation of College Station, the County and TAMU. No later than three days before the due
date for the advance payment of rent each month under the Lease, each party shall pay to Bryan
their proportionate share. Each month, following the payment of rent due under the Lease,
/ -3-
Bryan shall provide to each party a receipt or other satisfactory evidence verifying that the rent
has been paid to Landlord.
Section 4.03. COSTS. Each party agrees to be responsible for one -fourth (1/4) of the
cost of operating the CEOC including, the salary and benefits of one paid support staff member,
rent and other expenses,' including any general liability insurance, under the Lease, any damages
to the Leased Premises caused by the parties, their agents, employees, licensees, invitees or
visitors and determined to be owed to the Landlord, any increased electrical costs for non-
standard service in.the Leased Premises, any shared cost agreed to and approved by the Board
and any other joint costs arising from the operation of the CEOC. Except for the payment and
maintenance of personnel files of one support staff member under paragraph 4.01 by College
Station, or as otherwise provided in this Agreement, Bryan shall be responsible for maintaining
all records, paying all invoices and any other bills which may arise from the operation of the
CEOC and auditing the financial records of the CEOC on a monthly basis. Bryan shall issue a
quarterly invoice to all parties setting forth each party's proportional share of the costs and
expenses of the CEOC other than rent due under the Lease. Bryan shall bill the other parties for
any non - routine costs by itemized statement as soon after the expenses are incurred as possible,
but not later than sixty (60) days.
ARTICLE V.
FINANCIAL REQUIREMENTS
Section 5.01. SHARED ASSETS. All personal property contributed by the parties for
use by all parties at the CEOC and all such property acquired in the future for such purposes
shall be held and owned by The Cities, the County and TAMU as tenants in common, with each
party having a one - fourth (1/4) undivided interest unless otherwise agreed and specified under
subsection (a), (b) or (c). Except as otherwise provided in this paragraph or by other consensus of
the parties as reflected in the inventory under subsection (c), a third party hired by the County in
accordance with applicable bidding requirements of state law shall maintain all shared assets. As
of the date this Agreement is executed, the parties agree that the WEBEOC Server, related
software, certain audio -video equipment contributed by the County and any roof mounted
wireless antenna to be installed on the Leased Premises will be considered shared assets for
purposes of this Article V. The WEBEOC software maintenance shall be paid by the County.
Bryan, College Station and TAMU shall each reimburse the County twenty -five percent (25 %)
of the annual cost of such software maintenance upon receipt of an invoice from the County. A
secondary WEBEOC server shall be located in the City of College Station and shall be
monitored, supported and maintained by College Station. Any roof mounted wireless antenna
and all personal computers for shared CEOC use in the CEOC common area shall be monitored,
supported and maintained by Bryan. The parties shall share equally in the cost of such
maintenance and support, other than the cost of support personnel.
(a) RESTRICTED SHARED ASSETS. In the event personal property
proposed to be contributed by any party for CEOC shared use is subject to restrictions or
prohibitions against sale, transfer, assignment, lease, conveyance or other such
restrictions under applicable grant or funding agreements or is subject to exclusive
maintenance contracts, or otherwise, the contributing party shall provide notice to the
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other parties in writing of such restrictions or prohibitions for a determination by the
parties whether, and under what terms and conditions, the property shall be accepted and
utilized for CEOC shared use. The terms and conditions under which such property will
be accepted for shared CEOC use shall be set forth in the inventory required by
subsection (c).
(b) NON -CEOC PROPERTY. All property, furniture, equipment and
software used by each party in connection with the employment and housing of its
individual emergency management staff within the areas of the Leased Premises
designated for occupancy by each party separate from the common area shall remain the
property and responsibility of the party owning such property, furniture or equipment at
the time it is delivered to the Leased Premises.
(c) PROPERTY INVENTORY. Upon execution of this Agreement, the
parties shall prepare and agree upon an inventory of all property, equipment, software,
licenses and related items contributed for shared CEOC use showing, at a minimum as to
each separate item contributed, the following:
S
the name of the contributing party;
2. whether the property contributed shall be owned under tenancy in
common or shall revert back to the contributing party upon the end of its usefulness to the
CEOC, dissolution of the CEOC or withdrawal from participation in the CEOC by the
contributing party;
applicable grant or other restrictions as to use or maintenance;
4. the entity or third party responsible for maintenance;
an identification, serial or tracking number or code;
6. limitations or restrictions on access or use necessary for the
protection of secure, proprietary or confidential information; and
7. any other information as deemed appropriate by agreement of
the parties.
The inventory shall be amended and supplemented as items are purchased jointly or
contributed by individual parties or removed. Software and any related software licenses
shall be included within this inventory.
Section 5.02. BUDGETED FUNDS. All expenses required to be paid herein
shall be paid solely from lawfully available funds that have been appropriated by the
Cities, the County and TAMU.
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ARTICLE VI.
TERM
Section 6.01. This Agreement shall be effective upon the date of execution by the last
party signing below and shall terminate on April 17, 2018.
ARTICLE VII
TERMINATION AND DISSOLUTION
Section 7.01. WITHDRAWAL FROM AGREEMENT. Any party to this Agreement
may terminate its participation in the CEOC and withdraw from this Agreement upon providing
at least 120 days' written notice to the non - terminating parties, but shall remain liable for its
share of the rent owing pursuant to the Lease and associated CEOC operation expenses due
through the effective date of withdrawal as indicated in such notice; provided, however, if a
party terminates due to its failure to appropriate funds as stated in Paragraph 5.02. above, such
entity may terminate effective as of the date previously authorized funding for participation in
the CEOC expires and without payment of said rent and associated operation expenses for which
funding is not authorized. The withdrawing party, no later than the effective date of its
withdrawal, shall remove all property and personnel not shared for use by the CEOC, but shall
do so in a manner and at such times as to minimize any interference with the efficient operations
of the CEOC and the other parties. Only if the inventory list under section 5.01(c) specifically
indicates that particular property contributed by a withdrawing party shall revert back to such
party upon its withdrawal shall the withdrawing party be entitled to remove such property.
(a) RESPONSIBILITIES OF NON - TERMINATING PARTIES. Should a party
terminate as stated above, the remaining parties may negotiate new terms for the
apportionment of expenses and delegation of responsibility, as applicable, under this
Agreement. During the period of negotiating new terms of agreement, each party shall
be responsible for its increased proportionate share of expenses required to be paid under
this Agreement. If the parties are unable to negotiate and approve new terms within 60
days after the receipt of notice of any party's intent to withdraw from this Agreement
(the "Renegotiation Deadline "), Bryan may terminate the Lease with Landlord effective
60 days after the Renegotiation Deadline or any agreed extension thereof. If Bryan
terminates the Lease under this paragraph, the other parties shall continue to reimburse
Bryan for their increased proportionate share of rent and other expenses due under the
Lease through the effective Lease termination date and, to the extent permitted by law,
shall reimburse Bryan for their proportionate share of termination expenses due under the
Lease. If the parties are unable to negotiate and approve new terms of agreement for the
joint operation of the CEOC, but Bryan elects to not terminate the Lease, the other
parties shall vacate the leased premises on or before the 60th day after the Renegotiation
Deadline or any agreed extension thereof and shall continue to reimburse Bryan for their
increased proportionate share of rent and other expenses due under the Lease through the
end of such 60 day period.
6
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Section 7.02. DISSOLUTION. Upon dissolution of the cooperative venture of the
parties under this Agreement by expiration or termination of this Agreement, the parties shall
conduct an inventory and appraisal of property and assets.
(a) RESTRICTED PROPERTY. Any property or assets designated by the
inventory created under Section 5.01 (c) to be retained or returned to the party from
which it was contributed shall be returned to such contributing party. All remaining
property shall be presumed to be owned by the parties as tenants in common.
(by TENANCY IN COMMON PROPERTY. All remaining property and
assets acquired collectively for CEOC use and owned by the parties as tenants in
common shall be distributed equitably among the parties pursuant to terms of a written
mutual agreement. A dollar value representing the value of property received by each
party through the distribution process in this subparagraph (b) (the "Individual Deduction
Amount ") shall be allocated to each party. If the parties are unable to negotiate an
agreement for the equitable distribution of all or any of the remaining property, such
remaining property shall be sold by sealed bid or auction in accordance with applicable
laws. The proceeds of such sale and/or auction will be distributed equitably among the
parties as follows: the total value of proceeds received from sale and/or auction shall be
added to the total value of property distributed to the parties under this subparagraph (b)
(the "Total Gross Value "); the Total Gross Value shall be divided by the number of
parties participating in the CEOC at the time of dissolution (the "Individual Gross
Amount Due "); each party shall be paid the difference between the Individual Gross
Amount Due and such party's Individual Deduction Amount.
(c) SURPLUS PROPERTY. To the extent allowed by applicable laws
governing the disposal of surplus property, the parties may agree to donate items of
personal property to authorized entities.
ARTICLE VIII.
GENERAL PROVISIONS
Section 8.01. NOTICES. Any and all notices and invoices which may be required under
the terms of this Agreement shall be mailed to the parties at the addresses indicated below or at
such address as any of the parties may furnish in writing to the other parties herein named:
City of College Station
Attn: City Manager
P.O. Box 9960
College Station, Texas 77842
City of Bryan
Attn: CityManager
P.O. Box 1000
Bryan, Texas 77805
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Brazos County
Attn: County Judge
300 E. 26th Street,
Bryan, TX 77803
Texas A &M University
Attn: University President
1246 TAMU
College Station, Texas 77843 -1246
parties
Section 8.02 This Agreement maybe amended only by the mutual written consent of all
Section 8.03. ASSIGNMENT. This Agreement shall be restricted to the Cities of Bryan
and College Station, the. County and TAMU. The rights, privileges and responsibilities pursuant
to this Agreement are specifically prohibited from assignments to agents, contractors and/or
franchisees performing services on behalf of the principals of this Agreement.
Section 8.04. AUTHORITY. This Agreement has been officially authorized by the
governing body of each party hereto and each signatory to this Agreement guarantees and
warrants that the signatory has full authority to execute this Agreement and to legally bind the
respective party to this Agreement.
Section 8.05. CONSTRUCTION. The terms and conditions of this Agreement are not
intended and shall not be construed as altering, changing or in any way superseding the
Interjurisdictional Emergency Operation Plan or the Mutual Aid Agreement among the parties
hereto. In the event any provisions herein are inconsistent with any provisions of the
Interjurisdictional Emergency Operation Plan or the Mutual Aid Agreement, the terms and
conditions of those Agreements shall govern.
Section 8.06. COUNTERPARTS. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same instrument.
Section 8.07 The parties hereto covenant and agree to execute all such further
instruments and take such further action as may be reasonably required by any party to fully
effectuate the terms and provisions of this Agreement and the transactions contemplated herein.
Section 8.08 RELATIONSHIP OF THE PARTIES. This Agreement does not create a
partnership or joint venture between the parties. No party may obligate or bind another party in
any manner.
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Vol. I - - - I--
SIGNED to be effective the a day of JC.en.F 2012.
CITY OF BR
Mayor Jain P.
CITY OF COLLEGE STATION
Mayor Nancy rry
ATTEST:
Mary Lynne Stratta, City Secretary
APPROVED AS TO CONTENT:
Kean Register, Inferim City Manager
APPROVED AS TO FORM:
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Janis K Hampton, City Attorney
Judge
ATTEST:
` -4?4' . _���w
ATTEST:
A, - h ,
Sherry Ma urn, City Secretary
APPROVED AS TO CONTENT:
"4- -
David Neeley, City anager
APPROVED AS TO FORM:
Carla Robinson, City Attorney
TEXAS A &M UNIVERSITY
Finance & CFO
�� �. -9-
vol. _j P g' '—
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT:
MEETING DATE:
SUBJECT:
Road & Bridge
June 12, 2012
Private Property Access
Request permission to enter private property owned by Wilson and Sylvia Bradford
located on Wheelock Hall Road for the purpose of removing tree from right -of -way.
This work is being performed for the health, safety and welfare of the general public.
Site is located in Precinct 2.
SUBMITTED BY:
Jo . Salvato
Right of Way Agent
stoner Precinct 2
This request is n�O VF��D ❑ by Commissioners' Court
Duane Peters, CountyTu�rgc
Date:
Vol. Imo— Pg. I
OF
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct 1
Sammy Catalena
Commissioner Pd. 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner Pc: 4
OWNER(S): Wilson and Sylvia Bradford
R. Alan Munger, P.E.
County Engineer.
Brazos County Road & Bridge Dept.
2617 Hwy 21 West
Bryan, Texas 77803
Office: 979 - 822.2127
Fax: 979 - 775 -0453
amunger@brazoscounrytx. gm
II. ADDRESS: 8275 Wheelock Hall Road
Hearne, Texas 77859
III. LOCATION OF WORK: Same as above
R105340 — Hefti Subdivision, Block 1, Lot 10, 6.897 acres
IV. DESCRIPTION OF WORK: Permission to enter private property for the purpose of
removing tree along road right -of -way. If tree causes damage to fence, Brazos
County will repair fence with like materials and be equal to or better than the
existing fence. This work is being done for the health, safety and welfare of the
general public.
V. MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: Date: [.Q
PZ
R. Alan Munger, P.E.
County Engineer
Vol. ' 6 Pg.
Jo Salvato
Ri t of Way Agent
I
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: June 12, 2012
SUBJECT: Private Property Access
Request permission to enter private property owned by Thomas and Karen Salamon
located on Old Bundick Road for the purpose of trimming and removing underbrush
along fence line. Project will improve sight distance around curve. This work is being
performed for the health, safety and welfare of the general public. Site is located in
Precinct 2.
SUBMITTED BY:
Z//-,
Jo V. Salvato
Right of Way Agem
This request is
Vol. 1 Pg. a 0—
Date:
a
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct. 1
Sammy Catalano
Commissioner Pct. 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner Pct.4
OWNER(S): Thomas & Karen Salamon
R. Alan Munger, P.E.
County Engineer
Brazos County Road & Bridge Dept.
2617 Hwy 21 West
Bryan, Texas 77603
Office : 974622 -2127
Fax 979-7750453
amunger(pbrazoscountykgov
II. ADDRESS: 2702 Broadmoor Drive
Bryan, Texas 77802
III. LOCATION OF WORK: Old Bundick Road
811774 —Thomas James, A -25, Tract 17.5, 11.9 acres
IV. DESCRIPTION OF WORK: Permission to enter property for the purpose of
trimming and removing underbrush along fence line for approximately 300' on
each side of curve to improve the sight distance. This work is being done for the
health, safety and welfare of the general public.
V. MAINTENANCE: Yes X No
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: Only when necessary to
improve the sight distance around curve.
(we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: 0 o^t , C ,1 -- "e. • Date: !;A
1 2
R. Alan Munger, P1. Jo Salvato
County Engineer V Right of Way Agent
Vol: ____ =-- P g . C / _
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: June 12, 2012
SUBJECT: Private Property Access
Request permission to enter private property owned by Martha J. Williams located on
Old Bundick Road for the purpose of trimming and removing underbrush along
fence line. Project will improve sight distance around curve. This work is being
performed for the health, safety and welfare of the general public. Site is located in
Precinct 2.
SUBMITTED BY:
��
Joe . Salvato
Right of Way Agent
This request
❑ by Commissioners' Court
Duane Peters, County Judge
Date: ( ,21 11/12-
Vol.
6 Pg' --
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
R. Alan Munger, P
Brazos County Judge
County Engineer
Brazos County Road 8 Bridge Dept.
Lloyd Wassermann
2617 Hwy 21 West
Commissioner Pct. 1
Bryan, Texas 77603
Office,: 979- 822 -2127
Sammy Catalena
Fax. 979 - 775 -0453
Commissioner Pct. 2
amunger@brazoscountyt, gov
Kenny Mallard
Commissioner Pd. 3
Irma Cauley
Commissioner PG. 4
I. OWNER(S): Martha J. Williams
II. ADDRESS: 21229 Old Burdick Road
Hearne, Texas 77859
III. LOCATION OF WORK: Same as above
R11775 — Thomas James, A -25, Tract 17.7, 5.9 acres
IV. DESCRIPTION OF WORK: Permission to enter property for the purpose of
trimming and removing underbrush along fence line for approximately 300' on
each side of curve to improve the sight distance. This work is being done for the
health, safety and welfare of the general public.
V. MAINTENANCE: Yes X No
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: Only when necessary to
improve the sight distance around curve.
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
R. Alan Munger,
County Engineer
. Salvato
of Way Agent
Pg�= --
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: June 12. 2012
ITEM: Request from Verizon Communications to construct buried cable (05 pair 24 gauge copper)
installations in the right of way of Shirley Road beginning at its intersection with FM 1179
extending for a distance of approximately 1 feel cable placement will be a minimum depth of
30 inches. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
PRESENTATION See attached back -up material.
REQUIREMENTS
• No work will be permitted berween 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.cohstructed in designated utility easements, if applicable. .Ifno utility easement exists,
the installation(s) shall be I.) within 3 -5' of and parallel to the right -of -way line and/or, 2) in the case of a road bore,
perpendicular to the right -of -way line.
• If clearing ofbrush trees and other obstruction is necessary, it shall be the Applicant's responsibility todoso and to
remove all cleared brush, trees etc. from county rightof -way.
• All disturbed areas shall he compacted in 8" lifts to 90% density ASTM -Test Method No.
D -698; test shall be
conducted by an independentgeotechnical .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.
SUBMITTED BY: ArrMU v�py !�4 - �7
issio r Sammy Catalena
R. Alan Munger, P.E. m
County Engineer precinct 2
CC2012 -023
This Re nest is A proved V OrDenied 0, by Commissioners' Court
D te:
—`
Duane Peters, County Judge
1 63 Pg.�
Vol. �—
verizon
Engineering & Planning
301 Industrial Blvd.
Bryan, TX 77803
May.$1, 2012
GARY ARNOLD
Brazos County Engineering Office
County Engineer
2617 W. Hwy. 21
Bryan, TX 77803
Dear Mr. ARNOLD:
Subject: AGRMNTS 24 BURIED CABLE
Enclosed are From ED -135 and a work location sketch showing the location of our
proposed buried cable line on county roads in Brazos County at College Station, Texas.
This work is to be completed on Work Order 5435- 3POAOBP which is scheduled for
07131/2012 If you have any questions concerning this work, please contact Ricky
Lancaster at our office in Bryan, telephone 979 - 821 -4761 within 15 days so that we
may explain of modify our proposal, otherwise, it is understood that this proposal is
approved.
Sincerely,
&macca
V'56C(O-k
BRENDA VAJDAK
Supervisor — Network Engineer
JS:ec
Attachment
1 (0 3
Vol• �—
._
0
VERIZON COMMUNICATION
Notice of
Line Installation
DATE 05/3/2012
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that VERIZON COMMUNICATIONS will construct
a communication line within the right -of -way of a County Road in
County, Texas as follows:
Beginning at the Northeast corner of FM 1179 and Shirley Road Verizon
proposes to place a 25 pair 24 gauge copper cable 4 feet from the Northeast
R.O.W. for 1622 feet a minimum of 30 inches in depth. All drives and trees will be
bored and a 2 inch p.v.c. placed.
The location and description of this line and associated appurtenances is
more fully shown by three (3) copies of drawings attached to this notice. The line
will be constructed and maintained on the County Road right -of -way in
accordance with governing laws.
Notwithstanding any other provision contained herein, it is expressly
understood that the tender of this notice by the Verizon Southwest Incorporated
does not constitute a waiver, surrender, abandonment or impairment of any
property rights, franchise, easement, license, authority, permission, privilege or
right now granted by law or may be granted in the future and any provision or
provisions so construed shall be null and void.
Construction of this line will begin on or after 07/212011.
V IZON COMMUNICATIONS
7V,, '
Brenda Vajdak
Supervisor - Network Engineer
301 Industrial Blvd r
Bryan, TX 77803
Vol. Pg o2�
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS) FOR THE 2011 -2012 BUDGET YEAR
NO. 11/12 33.1-33.5
On this the 12th day of June 2012 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermarm, 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 12th day of June 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 12th day of June 2012.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By: r
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
19
Vol. 10 Pg
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 33.1
611212012
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
3000
288300
51620000
CR
Hourly - Overtime
1,750.001
3000
288300
53100000
CR
_
Social Securi
144.05
3000
288300
53200000
CR
Retirement
216.00
3000
288300
53800000
CR
Workers Comp
33.00
3000
288300
61801000
CR
Travel
518.3
3000
283000
51620000
DR
Hourly - Overtime
1,750.00
3000
283000
53100000
DR
Social Security
144.05
3000
283000
53200000
DR
Retirement
216.00
3000
283000
53800000
DR
Workers Comp
33.00
3000
283000
61801000
DR
Travel
518.30
Grant Fund:.JAC and TXDOT Step Grant
Set up of new TX DOT Step - Click It or Ticket grant for the Brazos County Sheriff Office in fund 3000. Grant period for 5/12/12 through
6/26/12. Budget Amendment 32.11 was appro ved on May 29. 2012 during Commissioner's CouM but was set up in wrong Division.
Vol. I to3 Pcr 029
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 33.2
6112/2012
FUNDI DIV I ACCT PROJ JDRICR ACCOUNT NAME Increase Decrease
1100 1.1002500 71025000 CR Contract Services 5,000.00
1100 11002500 72590000 DR Professional Fees- Other - 5,000:00
Hotel Occupancy Tax
Reallocation of funds for Expo Economic Im act Analysis.
Vol. I b3 p9- 30
BRAZOS COUNTY, . TEXAS
BUDGET AMENDMENTS
No. 11112 - 33.3
O/1
65400000
NJ
Increase
x _ Y:
Prepared B nnm
Pate;;fi18�201Z
Vol. / 63 pg.
BRAZOS COUNTY, .. TEXAS
BUDGET AMENDMENTS
No. 11112 - 33.4
6!12/2012
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 24401100 _61801000 CR Travel 2,000.00
0100 24401100 67342000 DR Furniture 2,000.00
I
Justice of the Peace, Pet #4 -Judge Jones
Reallocation of funds due to purchase 2 tables for JP Pct. 4 Courtroom.
Prepared By nnmi
Date _ . _61712012p
Vol. �— Pg'
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 33.5
6/12/2012
FUNDI
DIV
I ACCT
PROJ
I DRICR
ACCOUNT NAME
Increase
Decrease
0100
10000100
60170000
CR
Copier/Printer/Fax Supplies
201.10
0100
10000100
61110000
CR
Conference & Seminar Fees
700.00
0100
10000100
67203000
DR
Minor Computer Hardware
904.10
County Jud a -Jud ePeters
Reallocation of funds due to purchase a com uter monitor, and phone for the Pre -Trial Intervention Officer.
Prepared By: nnm.
Dater 6/7/2012
Vol.— - Pg'- -- -- - _
flnnartmant Annmval Date'
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: June 12, 2012
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Building Maintenance Allen, Keith New Hire
Gibbs, Charles New Hire
Warren, Dennis Termination
District Clerk Brinkman, Kayla Transfer w /in Dept.
Hawk, Krystal New Hire
Kensinger, Amberly Transfer to Another
Dept.
Collections Lingle, Callie
Transfer w /in Dept.
Patranella, Katie
Transferw /in Dept.
Pope, Ashley
Transfer w /in Dept.
Spraggins, Quinn
Resignation
MPO Wang, Bo
New Hire
S.O. Jail Elias, Claudio Resignation
Hudson, Garrett Resignation
Knighton, Tracy Transfer to Another
Dept.
Approved in Commissioners' Court: June 012:
County Judge's or Commissioner's Signature:
(This Copy to be attachedao minutes)
Vol. 163 Pg. 3__! --
Brazos County Purchasing Department
Weekly Update
614/12 — 6/8/12
Number of PO's Processed: 76
Requisitions Completed: 0
Capital Payments: 6
Projects In Progress
Construction
Courthouse:
Phase III
Currently working on detention area on I" floor
Currently working on mechanical yard in courtyard area
Elevator in progress
Bids/ RFP's /RFQ's
RFQ for MPO
RFQ for Surveyor
RFQ for Tax Office Architect
Cold Mix Limestone
Poly Jute
Dust Control
Inmate Telephone Services
12 Rip Rap
Sale of Scrap Metal
Asphalt and Emulsions
Hot Mix Asphalt
Renewals
Legal Ads
Carpet Cleaning Services
Solicitation of Quotes
Benches for Magistrate Courtroom
AN for Magistrate Courtroom
Vol. `�� P9_
- Solicitation in progress
- Solicitation in progress
-To advertise 6/1
- Bid opening 6/19
- Dept. reviewing specs
- Bid opening 6/19
- Specifications in progress
- Bid opening 6/19
-Bid opening 6/19
- Bid opening 6/19
Bid opening 6119
-In progress
- Awarded.6 /5'
- Solicitation in progress
- Solicitation in progress
Other
Auction
- Currently accepting items
Purchasing Policy
Assets Reviewing and revising policy
- Reconciliation of Period 7 is complete
Print Management
- Working with IT department and vendor to have 3 month printing
analysis done
Roof Replacement
- Working on specifications
Appliance Policy
- Versions in progress for Court review
rz
3�
Vol. -- pg'�_
Duane Peters Date
County Judge