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HomeMy WebLinkAbout2013-01-29-10:00AM-REGULAR MEETINGI 25 C f NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 29, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and/or concerns. Consider and take action on agenda Items 3.24: 3, Reappointment of Linda Goolsby to MHMR Authority of Brazos Valley Board of Trustees• term of appointment Is March 1. 2013 through February 28. 2015. 4. ResolutIon 13-002 providing for the public sale of property acgulred by the County of Brazos from deIinguent taxes. g. Resolution 13-403 outhwIz!ng the County Judge to approve the Issuance of hospital revenue bonds BRAZOS COUNTY BRYAN,TEXAS 11. 12, Reaue_d from the Inforrmflon Technobav Department to approve a chance to the Capital Impro vement Prolev - Expo Center Flber Olfts. The oath of the fiber has chanced. 13 . Rea uisition 400041390 to S ' S Qpble Communication in the amount of W , 870.25 for the instal ion of fiber for the Brazos County ExR% 14. Reaulsltion 800041335 to J.A Sumer In the of 913,960.00 t Du�rohas six toilets for therm will 15. Regul9ftlan #M1 ASR t o S P Five Star Ford in the amoun of $27,168.94 for 2013 F E -35015 Rgmenger van for Brazos Cgunty Detention Center Work Crew. 16 action o n th Wellborn Q 11 n WOW n ermh to construct 2" road bo re under Burt Road. This proleet will provide water service to new customer. Site Is located In Precinct 4. 17. Tax Refund Applications for the following: • a W3 Investments LLC-overoavment480.03 18. Budget Amendments. Bud get Amendments FY 1211317.1 thru 17.4 19. 20, Regul9ltion 000041372 to CDW In the am ount of $1,024.55 to purchase a computer and a printer using JP Technoloav Funds for JP 2.2, 21. Personnel Change of Status. 22. Payment of Claims. 23. Convene into Executive Session pursuant to Section 551.087 to discuss or deliberate economic development negotiations. 24. Consider and possible action on the Executive Session. 25. Sheriffs report on inmate population. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and/or concerns. 28. Adjourn. I 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 M speaking to, and/or addressing the Court; In participating in public discusalons 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 pubic 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 arty person In the Courts 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 On Commissioners Court; 3. a Contempt Citation; and/or 4, such other andfor 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 property 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 pubic 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. INVOCATION 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 Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, 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. vial:.__ MINUTES January 29, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Sianature Paae.pdf File Stamped Aaendamcif 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, January 29, 2013 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. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 24: BRAZOSCOUNTY BRYAN,TEXAS 3. Reappointment of Linda Goolsby to MHMR Authority of Brazos Valley Board of Trustees; term of appointment is March 1, 2013 through February 28, 2015. 0 Item lodf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 4. Resolution 13 -002 providing for the public sale of property acquired by the County of Brazos from delinquent taxes. Item 4.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 5. Resolution 13 -003 authorizing the County Judge to approve the issuance of hospital revenue bonds issued for the benefit of Scott &amp; White Memorial Hosiptal and Scott, Sherwood and Brindley Foundation. Item 5.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 6. Discuss and approve revisions to the job description of assistant director for Juvenile Services. Item 6.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 7. Approval to apply for "Zero Tolerance" Cultures for Sexual Assault in Local Adult and Juvenile Correctional Facilities grant from National PREA Resource Center. Item Todf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 8. Payment Authorization to Katie Conner in the amount of $2321.10 for reimbursement of credit card payment to Intuit Inc. for the annual Quickbooks renewal. Intuit no longer accepts purchase orders. Item 8.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 9. Payment Authorization to Brazos Technology in the amount of $1479.17 for Annual Maintenance Software; purchase order was not obtained in advance. Item 9.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 10. Request for County Attorney's Office for funds to replace an Investigator's county Vol. P9 I vehicle, 2007 Dodge Charger, that was involved in an accident on January 3, 2013. 0. Item 10.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 11. Request from the Sheriff's Office to move budgeted funds within the capital division #63000500 between the Jail Administration Division #80892820 to the Sheriff's Office Administration Division #80892800 to provide for the purchase of the new patrol vehicle. The amount requested to moved is $30,000. Item 11.r)df Irene Jett, Budget Officer clarified that the numbers on the agenda are actually account numbers rather than the division numbers. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 12. Request from the Information Technology Department to approve a change to the Capital Improvement Project - Expo Center Fiber Optics. The path of the fiber has changed. Item 12.odf Eric Caldwell, CIO for the Information Technology department explained that the original plans along the Jones Road pathway would not be finished prior to the event. The request was approved as submitted. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 13. Requisition #00041390 to S &amp; S Cable Communication in the amount of $27,870.25 for the installation of fiber for the Brazos County Expo. Item 13.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 14. Requisition #00041335 to J.A. Sexauer in the amount of $13,950.00 to purchase six toilets for the Brazos County Juvenile Facility. Only five toilets were approved in the budget but favorable pricing will allow for the purchase of six and stay under the budgeted amount. Item 14.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 15. Requisition #00041385 to Sam Packs Five Star Ford in the amount of $27,188.94 for 2013 Ford E -350 15 passenger van for Brazos County Detention Center Work Crew. Item 15.pdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 16. Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road bore under Burt Road. This project will provide water service to new customer. Site is located in Precinct 4. Item 16 Part 1.pdf 1 9 Item 16 Part 2.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 17. Tax Refund Applications for the following: Item 17.pdf . a. W3 Investments LLC- overpayment - $60.03 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 18. Budget Amendments. Budget Amendments FY 12/13 17.1 thru 17.4 Item 18.pdf 17.1 Reallocate funds for JP Technology Fund - Justice of the Peace Precinct 2 Place 2 17.2 Reallocate funds for Information Technology 17.3 Reallocate funds for General Capital Improvement Funds 17.4 Reallocate funds for General Capital Improvement Funds Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 19. Requisition #00041366 to Dallas Dodge in the amount of $216,870.00 for 9 2013 Dodge Chargers. (SO - 5 replacement and 1 addition, Const Pct 2 -1 replacement, Const Pct 4 - 1 addition, County Attorney - 1 replacement for wrecked unit). Item 19.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 20. Requisition #00041372 to CDW in the amount of $1,024.55 to purchase a computer and a printer using JP Technology Funds for JP 2.2. 0 Item 20.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 21. Personnel Change of Status. Personnel Action Forms 21 Item 21.pdf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by LV i i Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 22. Payment of Claims. Claims Sheet.odf ID BILL LIST 01.29.13.odf 7106457 through 7106656 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 23. Convene into Executive Session pursuant to Section 551.087 to discuss or deliberate economic development negotiations. At this point, the County Judge announced the court would consider items 25 through 27 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:24 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss economic development negotiations as allowed under Section 551.087 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Bob Malaise, RVP Todd McDaniel, RVP Kevin Russell, City of Bryan 24. Consider and possible action on the Executive Session. At 11:08 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. 25. Sheriff's report on inmate population. Jail Administrator, Wayne Dicky stated there were 578 inmates in jail, 66 have electronic monitors and 11 are pending for monitors. 26. Announcement of interest items and possible future agenda topics. There were no announcements. 27. Call for Citizen input and /or concerns. Dr. Doug Vance and Colin Coker from the Juvenile Services department addressed the Court. They thanked Bill Ballard for all the things he has done to help the Juvenile Services Department. They highlighted several things and then presented a plaque to Mr. Ballard. Commissioner Mallard attended an IGC meeting yesterday. The MPO Director gave a presentation and Mr. Hunter Goodwin went over financing for the new TAMU stadium. i .� 28. Adjourn. Vol, The foregoing minutes of the Commissioners Court meeting held January 29, 2013 have been examined and are approved in open Court this day of 2013, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermann County Judge Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 Precinct 2 Commissioner, Precinct Attest: Karen McQueen County Clerk Vol �,�� Page 90 BRAZOS COUNTY COMMISSIONERS COURT Meeting NJ PAGri I of Pg. 00,/ vol. Organization Department I M�4 - WER /2 1 RN m Map 1 I IF 1000 SAWA 1 FAIPASEWAM KIN m •.� .�_ I MIN, NJ PAGri I of Pg. 00,/ vol. BRA Z S COUNTY COMMISSIONERS COURT Meeting o o�J, L Name Organization / Department Ob �Ma" 100 &Ka JAI n PAGr L of i Vol. g04 RESOLUTION PROVIDING FOR THE PUBLIC SALE OF'PROPERTY ACQUIRED BY THE COUNTY OF BRAZOS FROM DELINQUENT TAXES WHEREAS, the following-properties in Brazos County were offered for sale by the Sheriff of Brazos County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by the District Court; and WHEREAS, those parcels of land did not receive a sufficient bid as set by law and were struck off to the County of Brazos, for the use and benefit of itself and.the taxing units for which it collects property taxes, pursuant to TEX. PROP. TAX CODE § 34.01 0);,and WHEREAS, TEX. PROP. TAX CODE § 34.05 (c) and (d) provide that we may request that the Sheriff sell the property a public sale for any sufficient bid. Cause No. 11- 003409 -CV -272 Lot 45, Block 7, Bryan's 1 51 Addition, City of Bryan,.Brazos County, Texas being Account No. 000000020325 that property more particularly described in Volume 1540, Page 102 of the Official Public Records, Brazos County; Texas; Original Sale Date September 4, 2012 THEREFORE, BE IT HEREBY RESOLVED by the Commissioner's Court of the County of Brazos, Texas that the County of Brazos, Texas hereby directs the Sheriff of Brazos County, Texas to conduct a sale on the first Tuesday in March, 2013 in the manner prescribed by the Texas Rules of Civil Procedure and TEX. PROP. TAX CODE §34.05 (c) and (d) PASS ,APPROVED ADOPTED this.the of January, 2013. LI` - County Judge - Duane. Peters RESOLUTION OF COMMISSIONERS COURT .OF BRAZOS COUNTY, TEXAS, AUTHORIZING THE COUNTY JUDGE TO APPROVE THE ISSUANCE OF HOSPITAL REVENUE BONDS ISSUED FOR THE BENEFIT OF SCOTT AND WHITE MEMORIAL HOSPITAL AND - SCOTT, SHERWOOD AND BRINDLEY FOUNDATION WHEREAS Tarrant County Cultural. Education Facilities Finance Corporation (the "Issuer !): is proposing to issue one or more series of its Hospital Revenue Bonds (Scott and White Memorial Hospital. and Scott, Sherwood and Brindley Foundation Project) Series 2013' (the "Bonds "), pursuant to the Cultural Education Facilities Finance Corporation Act, Article 1528m, Texas Revised Civil Statutes, as amended from time to time (the "Enabling Act'j, to provide funds to finance or refinance all or part of the cost of "health. facilities" (as defined in the Health Facilities' Development Act, Chapter 221, Texas Health and Safety Code, as amended from time to time (the "Health Act")); and WHEREAS, the proceeds of the Bonds will be loaned by the Issuer to Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation (the . "Hospital "), a Texas nonprofit corporation or a tax: exempt affiliate thereof, for the purpose of financing or refinancing the cost of "health facilities" (the "Project "); and WHEREAS, a. portion of the proceeds of the Bonds will be used in connection with financing or refinancing certain facilities located on Highway 6 at Rock Prairie Road in College Station, as described in a notice of public hearing published in the Austin American Statesman a newspaper of general circulation within Brazos County, Texas (the "County "); and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code ") requires that the Bonds and the Project be approved by the "applicable elected representative" (as defined in the Code) of the jurisdiction in which any portion of the Project is located aftef a public hearing following reasonable public notice; and WHEREAS, such public hearing has'been held by or on behalf of the County with the approval of the Issuer (as described in Exhibit A hereto and within the. meaning of the Code), all in accordance with and pursuant to requirements of the Code and the regulations promulgated thereunder; - and. WHEREAS, the County Judge of Brazos County has been requested to approve, as the "applicable elected representative" of the County, the issuance of the Bonds and the Project in accordance with' the requirements of the Code, and has been furnished with an affidavit of publication and minutes of public hearing in connection therewith; and WHEREAS, the Commissioners Court of the .County desires to authorize the County Judge to approve the issuance of the Bonds and the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY; TEXAS, THAT: Section 1. The County Judge of Brazos County, Texas, is hereby authorized to approve the issuance of'the Bonds and the Project and to execute and deliver such approval as requested. 04229110.1 Section 2. The authorization to approve the Bonds and the Project is made solely for the purposes of complying with the requirements 'of Section 147(f) of the Code. and shall not be construed as. (i) a representation or warranty by the County Judge, the County or the Commissioners Court that the Bonds will be -paid or that any obligations assumed by any of 'the parties will, in fact, be performed, or (ii) as pledge, of the faith and credit of or.by the County. Further, the fact that - , the Commissioners Court has authorized the approval of 'the Bonds and the Project, as herein stated, may not, in any event, be used as a sales device with respect' to the Bonds. . Section 3. 'This Resolution shall be effective upon its adoption. APPROVED AND ADOPTED THIS JANUARY , County Judge, Brazos County, Texas Sig►ioture -Page for Resolution 44229110.1 EXHIBIT A NOTICE OF PUBLIC HEARING TARRANT COUNTY CULT_ URAL EDUCATION FACILITIES FINANCE CORPORATION. HOSPITAL REVENUE BONDS (SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION PROJECT) SERIES 2013 NOTICE IS HEREBY GIVEN of public hearings to be held by the Tarrant County Cultural. Education Facilities Finance Corporation (the "Issuer "), on behalf of Bell County, Brazoria County, Brazos County, Burnet County, Coryell County, McLennan County, Tarrant County. and Williamson County, Texas. (a) on January 7, 2013 at 10:00 a.m., at Scott & White Memorial Hospital, 2401 South 31st Street, Temple, .Texas 7650.8, in - the Foundation Board. Room located on the first floor of the main Hospital Building, and (b) on January 7, 2013, at 10:00 am, at the offices' of Bracewell &. Giuliani LLP, 1445 Ross Ave., Ste. 3800,. Dallas Texas 75202, with respect ' to one or more issues, in one or more series, ' of hospital revenue bonds (collectively, the "Series 2013 Bonds ") to be issued by the Issuer in an aggregate principal amount of not more than $500;000,000. Each of the public hearings "is a "combined hearing". within the meaning of Treasury Regulations Section 5f.103 -2(d) and the location of a public hearing is within 100 miles of the seat of government of each participating governmental unit beyond whose geographic jurisdiction the hearing is conducted. Proceeds of the Series 2013 Bonds will be loaned to Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation or to one or more of its tax- exempt successors'or affiliated corporations (in any case, the "Hospital ") to provide funds to pay the costs of issuing the Series 2013 Bonds and to finaiice and refinance the construction,. renovation, acquisition and equipping of, and certain capital improvements to, "health facilities," as defined in Chapter 221 Texas Health and Safety Code, as amended, located at one or more of the following locations (including facilities financed by certain .bonds being refunded with a. portion of the proceeds of the Series 2013 Bonds, collectively, the "Series 2013 Project"): 2401 South 31st Street, Temple, Texas 76508; 7700 Fishpond Road, Waco, Texas 76710; 1600 and 1602 University Drive, College Station, Texas 77840; 227 Memorial Drive, Gatesville, Texas 76528; 3801 Scott and White Drive, Killeen, Texas 76541; 409 W. Adams Avenue, Temple, Texas 76501; 300 University Boulevard, Round Rock; Texas 78664; 1901 Southwest H.K. Dodgen Loop, Temple, Texas 76502; and 546 N,* Kegley Rd., Temple,.Texas 76502; the SE Corner of Hwy 6 and Rock Prairie Road, College Station Texas; the Corner of Hwy 28 81. and Hwy 71, Marble Falls, Texas; 1605 South 31 ' Street, Temple, Texas 76504; a portion of the proceeds of the Series 2013 Bonds Will be used to refund "Waco Health Facilities Development Corporation FHA Insured Mortgage Revenue Bonds ( Hillcrest Health' System Project) Series 2006A" (the "Series 2006A Bonds "), the proceeds of which were used to provide funds to finance and to reimburse Hillcrest Health System, Inc. (the " Hillcrest ' Sysiein'l -and Hillcrest Baptist Medical Center (the "Medical Center") for the costs of health facilities, including the acquisition, construction, expansion, installation of equipment and other improvements for a new hospital facility constructed at the intersection of IH 35 and Texas Hwy 6, in Waco, Texas, to fund a debt service reserve fund, to pay capitalized interest and to pay costs of issuance for the Series 2006A Bonds; a portion of the #4229110.1 Series 2013 Bonds will be used to refund "Waco Health Facilities Development Corporation FHA Insured Mortgage Revenue Bonds (Hillcrest Health System Project) Taxable Series 2006B" (the "Series 2006B Bonds "). The proceeds of the Series 2006B Bonds were used to refund certain prior bonds and to refinance a bank loan the proceeds of which used to finance the costs of certain health facilities, including acquisition of certain capital equipment including .a linear - accelerator and renovations to hospital facilities located at 3000 Herring, Waco, Texas, to fund a debt service fund and to pay the costs of issuance of the Series 2006B Bonds. The initial and exclusive owner, operator and manager of the Series 2013 Project will be the Hospital or an affiliate tax - exempt corporation. All interested persons are invited'to attend such public hearing to ' express their views with respect to the proposed refunding and the issuance of the Series 2013 Bonds. Questions or requests for additional information may be directed -to Mr. Frank Anderson, Foundation Offices " at 2401 South 31 st Street, Temple,. Texas 76508 (Phone: 254724- 4386). Persons who intend to appear at a hearing and express their views are invited to contact Mr. 'Anderson either in writing or by telephone in advance of the hearing. Any interested persons unable to attend a hearing may submit their views in writing to Mr. Anderson prior to the date scheduled for the hearing. The Issuer will reschedule the location and time of a hearing or schedule an additional hearing if requested to do so in written requests submitted to Mr. Anderson prior to the aforementioned date of the hearing by a significant number of interested persons. This notice is published and the above- described hearing is to be held in satisfaction of the requirements of Section 147(0 of the Internal Revenue Code'of 1986, as amended, regarding the public approval. prerequisite to the exemption from federal income taxation of the interest on the Series 2013 Bonds. #4229110.1 APPROVAL OF APPLICABLE ELECTED REPRESENTATIVE OF BRAZOS COUNTY, - TEXAS rf e I, Duane Peters, County Judge of Brazos County, Texas (the "County"), .certify with respect to the Tarrant County Cultural Education Facilities Finance Corporation Hospital Revenue Bonds (Scott and White Memorial Hospital and Scott, Sherwood. and Brindley Foundation.Project) Series 2013 (the `Bonds "), that: Based upon the evidence presented to 'me, for the sole purpose of satisfying the requirements of Section 147(p. of the Internal Revenue Code of 1986, as amended'.(the "Code "), and for no other purpose, ,I hereby approve the Bonds and the facilities to be financed with a portion of the proceeds of.the Bonds and located within the County, all as described in the published Notice of Public Hearing included as Annex A in the Minutes. and Certification of Public Hearing attached hereto as Attachment 1. This approval is not to be construed as (i) a representation or warranty by the County or the undersigned that the Bonds will be paid or that any obligations assumed by any of the parties will, in fact, be performed, or (ii) as a pledge of the faith and credit of or by- the County. Further, the fact that the undersigned has approved the Bonds as required by the Code may not, in any event, be as a sales device with respect to the Bonds. IN TESTIMONY WHEREOF, I have hereunto signed my name .officially hereon on .the date shown below. DATED: January.6 2013. r Duane Peters. County Judge, Brazos County, Texas 04229108.1 FXR, - - - -_, Pg..__�g -- ATTACHMENT I "Minutes n of' Public Hearing aiad Certification A. ng January 7, 2013 Pertaining to rat Education Facilities Fin I Tarrant County'Cultu ance Corporation Hospital Revenue Bonds - (Scott and, White Memorial Hospital and Se 9t4 Sherwood and Bribille-Y Foundation Project) Series 2013 Call to Order Hearing Officer opened: the Public Hearing relating to the issuance of the captioned bonds (the "Sen 2013 Bonds!,'),'o the date, at the time and at the location in Temple, Texas,, s 'if - Notice of Public,Hearing published in accordance with the requirements of pec I ed in the Section 147ft.of the Ifiterrial Revenue: Code. of 1986, as amended (the "Code"), a. copy of the form' of such Notice and"the Affidavit of Publication from the Austin American Statesman being attached hereto as Annex Attendees Hearing Officer Fiancis Anderson. Public being Heari No one other than the Hearing: Of pr' ''Public Hearing, the Hearing Off cer. esent at the Officer closed the Public Rearing. Certification The undersigned hereby certifies that the above and foregoing is a true and correct statement of the. Minutes of the Public Hearing described therein. -s Officer Francis ders6n, Hearing Off 04227,132.1 Vol. P0 Annex A NOTICE OF PUBLIC HEARING TARRANT COUNTY CULTURAL, EDUCATION FACILITIES FINANCE CORPORATION HOSPITAL REVENUE BONDS (SCOTT AND WHITE MEMORIAL HOSPITAL AND SCOTT, SHERWOOD AND BRINDLEY FOUNDATION PROJECT) SERIES 2013 NOTICE 1S HEREBY GIVEN of public hearings to be held by the Tarrant County Cultural Education Facilities Finance Corporation (the . "Issuer "), on behalf of Bell County, Brazoria County, Brazos County, Burnet County, Coryell County, McLennan County, Tarrant County and Williamson County, Texas (a) on January 7, 2013 at ,10:00 a.m., at Scott dt White Memorial Hospital, .2401 South 31st Street, Temple, Texas 76508, in the Foundation Board Room located on the first floor of the main Hospital Building, and (b) on January 7, 2013, at 10:00 am, at the offices of Bracewell &Giuliani LLP, 1445 Ross Ave., Ste. 3800, Dallas, Texas 75202, with respect to one or more issues, in one or more series, of hospital revenue bonds (collectively, the "Series 2013 Bonds') to be issued by the Issuer in 'an aggregate principal amount of not more than $500,000,000. Each of the public hearings is a "combined hearing" within the meaning of Treasury Regulations Section 5f.103 -2(d) and the location of a public hearing is within 100 miles of the seat of government of each participating governmental unit beyond whose geographic jurisdiction the hearing is conducted. Proceeds of the Series 2013 Bonds will be loaned to Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation or to one or more of its tax - exempt successors or affiliated corporations (in any case, the "Hospital ") to provide funds to pay the costs of issuing the Series 2013 Bonds'and to finance and refinance the construction, renovation, acquisition and equipping of, and certain capital improvements to, "health facilities," as defined in Chapter 221 Texas Health and Safety Code, as amended, located at one or more of the following locations (including facilities financed by certain bonds being refunded with a portion of the proceeds of the Series 2013 Bonds, collectively, the "Series 2013 Project '): 2401 South 31st Street, Temple, Texas 76508; 7700 Fishpond Road, Waco, Texas 76710; 1600 and 1602 University Drive, College Station, Tetras 77840; 227 Memorial Drive, Gatesville, Texas 76528; 3801' Scott and White Drive, Killeen, Texas 76541; 409 W. Adams Avenue, Temple,. Texas 76501; 300 University Boulevard, Round Rock, Texas 78664; 1901 Southwest H.K. Dodgen Loop, Temple, Texas 76502; and 546 N. Kegley Rd., Temple, Texas 76502; the SE Corner of Hwy.6 and Rock Prairie Road, College Station, Texas; the Corner of Hwy 281 and Hwy 71, Marble Falls, Texas; 1605 South.31'` Street, Temple, Texas 76504; a portion of the proceeds of the Series 2013 Bonds will be used to refund "Waco Health Facilities Development. Corporation FHA Insured Mortgage Revenue Bonds (Hillcrest Health System Project) Series 2006A" (the "Series 2006A Bonds "), the proceeds of which were used to provide funds to finance and to reimburse Hillcrest Health System, Inc. (the "Hillcrest' System') and Hillcrest Baptist Medical Center (the "Medical Center'.j. for the costs of health facilities, including the acquisition, constriction, expansion, installation of equipment and other improvements for a new, hospital facility constructed at the intersection of IH 35 and Texas Hwy 6, in Waco, Texas, to fund a debt service reserve fund, to pay capitalized interest and to pay costs of issuance for the Series 2006A Bonds; a portion of the #4227132,1 Series 2013 Bonds will be used to refund "Waco Health Facilities. Development Corporation FHA Insured Mortgage Revenue Bonds (Hillerest Health System Project) Taxable Series 2006B" (the "Series 2006B Bonds "). The proceeds of the Series 2006B Bonds were, used to refund certain prior bonds and 'to refinance a bank loan 'the proceeds of which were used to finance the costs of certain health facilities, including acquisition of'certain capital equipment including a linear accelerator. and renovations to ' hospital facilities located at 3000 Herring, . Waco, Texas, to fiend a debt service reserve fund and to pay the costs of issuance of the Series 2006B Bonds. The initial and exclusive'owner, operator and manager of the Series 2013 Project will be the 'Hospital or an affiliate tax - exempt corporation'. All interested persons are invited to attend such public hearing to express their views with respect to the P'r' op osed refunding and the issuance of the Series 2013 Bonds. Questions or requests for additional information may be directed to Mr. Frank Anderson, Foundation Offices at 2401 South 31 st .Street, Temple,, Texas 765,08 (Phone: 254- 724 - 4386). Persons who intend to appear at a hearing . and express their views are invited to contact Mr: Anderson either in ,writing or by telephone in advance of the hearing. Any interested persons unable to attend a hearing may submit their views in writing to Mr:. Anderson prior to the date scheduled for the heariiig: ' The Issuer will reschedule the - location and time of a hearing or schedule an additional hearing if- requested to do so in written. requests submitted to Mr. Anderson prior to the aforementioned date of - the hearing by a significant number of interested persons. This notice is.published the above- described'hearing to be held in satisfaction of the ;requirements of Section .147(f) of the Internal Revenue Coded 1986, as amended,.regarding the public approval prerequisite to the exemption from federal income taxation of the interest on the'Series 2013 Bonds. I 44227132.1 04 227132.1 Affidavit of Publication (See attached) VOI pg. -Auxin Amedcaw.Statesman BRACEWELL & GIULIANI LLP 1445 ROSS AVE. STE. 3800 DALLAS, TX 75202 PO #: Ad ID #: 5561237 Acct#: 2147581608 Account Name: BRACEWELL & GIULIANI LLP AFFIDAVIT OF-PUBLICATION TIM STATE OF TEXAS COUNTY OF TRAVIS Before me, the undersigned authority, a Notary Public in and for the County of Travis., State of Texas, on this day personally appeared: Advertising Agent of the Austin American- Statesman, a daily newspaper published in said County and State that is generally circulated in Bastrop, Bell, Blanco, Brazos, Burleson, Burnet, Caldwell, Colorado, Corral, Coryell, Fayette, Gillespie, Gonzales, Guadalupe, Hays, Kerr, Lampasas, Lee, Llano, N ilam, Nueces, San Saba, Travis, Washington, and Williamson Counties, who being duly sworn by me, states that the attached advertisement was published at the lowest published rate for Classified advertising in said newspaper on the following. date(s), to wit: First Published: 12/24/2012 Last Published: 12/24/2012 Times Published: 1 Classification: Legal Notices (9980) Lines: 146 Cost: $1,315.46 and that the attached is a true copy of said SWORN AND SUBSCRIBED TO BEFORE ME, Notary P*1ic in and for TRAVIS COUNTY, TEXAS Ausith - American- SYMOsnwn 305 South Congress Ave., P.O. Bar 670, Austin Texas 78767 -0670 512 - 445 -3832 MOndC D4CMM*W:I.:C /77:77AW pg, .. ......... BRAZOS COUNTY OFFICE OF THE SHERIFF CHRISTOPHER C. KIRK JIM STEWART, CHIEF DEPUTY 1700 Highway 21 West WAYNE DICKY, JAIL ADMINISTRATOR BRYAN, TExAs 77803 -1300 January 28, 2013 To: Brazos County Commissioners Court From: Sgt. Kevin Stuart PREA Coordinator Subject: Competitive Grant Application — Establish "Zero Tolerance" Cultures for Sexual Abuse in Local Adult and Juvenile Detention Facilities The Brazos County Sheriffs Office would like to submit an application for funding from the National PREA Resource Center for a competitive grant to Establish "Zero Tolerance" Cultures for Sexual Abuse in Local Adult Detention Facilities. The Brazos. County Sheriffs Office is requesting $8,489 for supplies related to training, education, signage, informational brochures, and a risk of victimization screening tool. The goal of the grant program is to build upon current organizational strengths to establish an organizational climate that understands and promotes compliance with the Prison Rape Elimination Act. Please review our proposal and supporting documents. There are no contractual obligations or fund matching required of Brazos County other than quarterly reporting of how the funds are used. PREA standards have been signed by the Attorney General and are in effect as of September 2012. This training is a requirement of those standards. Training budgets across the State of Texas are strained and this grant would cover those costs and allow our training money to continue to be used for other urgent topics. Thank you for your time and for your consideration. Sgt. Ke Ebunty 't Brazos heriffs O ffice Training Division/PREA Coordinator kstuart(@brazoscountvtx.Qov 979- 361 -4876 O D t I Duane Peters Date County Judge OFFICE (979) 361 -4900 ADMINISTRATION (979) 361 -4992 FAX (979) 361 -4999 1 * k Vol, BR.AZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: January 29, 2013 SUBJECT: Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct 2" road bore under Burt Road. This project will provide water service to new customer. Site is located in Precinct 4. OW Right of Way Agent APPROVED BY: Irma Ca Commi sioner Prec' 4 This request is OVED NIED El by Commissioners' Court Duane Peters, County Judge DATE: - /aql/ 9� s Wellborn Special Uti District M i l o January 17, 2013 The Commissioner's Court of Brazos County Attention County Judge: Formal notice is hereby'given that Wellborn Special Uglily District will construct a road bore for water line within the right-&-way of a County Road in Brazos' `-County, Texas as follows: Road borevill be made under Burt Road. Bore will be made from existing 2* water line located on the east ' ' d water minimum depth of 36' below ditch flow side to west side to propose' ter, 'meter for a distance of 80' at 'a mi line. The location and description of this line-is . more fully shown In drawings attached to this notice. The.line will be constructed and maintained In the; Cdu*_Roed right -of -way in accordance wilh the Brazos County RoefdWay Safety and Road Preservation Standards and goveminq laws. Construction ofthis line will begin on or iftir January 22,2013. Regards, Ste phen.Ca General M 4eralnager Wellborn Speclal UtIII(Y District -P.O. Box 250 4118 Greens Pralrle ka. • Wellborn. TX 77881 • 979.690.9799 • Fax 979.690J260 TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024 comes now Wellborn Special Utility District [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for die right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Burc Road tsu t t Bored Jacked Driven Cased X X Facility to Parallel County Road Within Ri t -Of -w Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 2" Diameter ' 1011 wall Thickness Material Specification PVC Casing Maximum Operation Pressure 200 psi The location and description of the proposed installation. and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/vork in good faith within 60 days from the date of said permit and shall complete said construction /work within 15 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60' day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land -to -be entered upon and used by the holder and the holder will at all times assume risk T. of.. and:.indenwilW- defend _and_saye,harmless.:Brazos t~ ourt ty - from - anal= tigiiinst -eny. tdtd.all loss;- dsmagas;- cost - or— -- �o E . t Fvo!l O expense arising in any inamier on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS Or WAY and incorporated herein for reference. lit the event Company falls to obtain a permit prior to the installation or does not install ulllides ihh compliance with Installation requirements set fortis herein (i.e. depth, location, etc), Company assuhnes all f tnancial responsibillty for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requir- emems Applicant agrees that If Brazos Counly demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for h#unclive relief exist and that Brazos County Is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos Counly reserves the right to revoke this permit at any lime, In the sole discretion of Brazos County, for interests of public health, sq ety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed suf kient by Brazos Counol. In the event Company falls to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal not y1cation to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditionslprovisions included in this permit. Wellborn Special Util District Company Name Stephen Ca t By: Signature General tanager Title P.O. Box 250 Address Wellborn, Tx 77881 City State Zip (979) 690 -9799 Phone Number wsud.ls @veriaon .net /wsud.sc @verizon.net Email: Fvc) WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated /- zz - 2013 except as noted below: (Month/DayNear) EXCEPTIONS: . A10r Br Si ire A./ Title Fv a Ic IE cc a a d 0.r 0 W z J z mi C? b tv a ° as RIGHT -0F4AAY u Z 12 w C/) w cn �r z 0 ~ z w 4 O 0 U z o 0 CL d 0 M r-1 $4 b w . a b A V U6 40) 4` C 'O r � � u � �0 ,u d o �a $4 H Iq o w 0- ILI 1"I N lu H 0 n 1/0 L. 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G iii - : _. _ ` �'=" �"�_ 19 9 —��X: - '' � / .._ - �r � ..GO �e•� C� #f.C�r� �t +�,�'_ ��,� rte: :•,t3 j4.�q �� � t - e.R. C0.11�1.1. � � '-�• t�-- ,z,t�Y�; �' ,�„�„��..� >� �-�r�. �i 7�4��D� ,►ten,.,,,,., MATCH SHEET NOR • •. - -.•. .. . .. __ .����_ � ..�.��. �. �w! Rr9AA�i9f� t�HMii�/�f�/M��- fOif�wl.fArr�M. f.•AI1�.w /�w•�.FMrIWw MATCH SHEET No an yr �'' _ ... . _ . -.. _ . _� _.=�1 • J. .Ti+�p. ^•fir e-- ..,.�...�a.�. .. , yF t ' � Ji: n � .� r'r +� • r Vol. / 73 Pa_ lel-5 g�� � c 7. . »I .10 •1 09' J•1 ail 300�� r a . - oNUao �oine f b���s$s °� ilk Eli 9 Op gy�vy pp o QQ OO y 1,° 1� O..Ar•f Yy�1 po „HVMrr NM N u`a • a O S5 = I � Z Z W gill Hill Alsi ° 9 = x 5 $ 6 ab ti l l Ila a N I lk — — — ° A — - — - — - — - — - — - — - — - — - — - — — — —' boo .ull 1tow- so•i4o1N �� Vo. 0■ - G Y � x� .o[ J.vt�•l+s �` � +•P1nwe • — — — — — — — — — — rP 111.115 J00111,4[ awl 11da1 oe AO J•i R[ � �..y7 V■. OS J.) ■ Y RR x �g o us- as ' Mm - poi wC • S A w. 0001 JO or . .00 'o 1p 40 09 Jo{ x 11 x Pi l g � nvmo4s ■ s ■ - -- Japiroms — — — — — — — — — — — — — — — — JMIne115 J.v1:104S • � 1 °5 - Vole 04 J.w• Je► w4 � c 7. . »I .10 •1 09' J•1 ail 300�� r a . - a � W Q J y v 0 V Z 7 O N O N W CL t f— M C S ? W C ? O U Y 3 W 0 0 0 C S A N O Z w O t V C d r N v x 0 3 4, n J CC S O N � c , 1 Q O N Z C Lu U d C N 1 0 Y O � 0n N 0011 ■n1 Inau si00uO0 J,. r4 /n,..1. I �i Jb .�aana JrY /o'0y PAOae,, 0 41 1• u. r '• M Air v in niiawa w ,N�ol�l �l. .4 44NU° •141 Wi,/l .Y7RIt'q[10 Vol. /7,3 pg. /-C) 3 � o • u7� w s S RI o ..x umof 9 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BW ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right ofway. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. G 7rq/JRe Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following:. a. Any construction (i.e. pit, excavation, hole) left open over night, requires sk iec frc nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or Any ivork--performe 3n -t he road -right £way _ _ 2. 'Plan must be attached to the permit and kept at the job site any time ivark is being perfo ►�ned. Vol. ,1� Pg. _d✓� 3. Plan must set forth the time of completion for the job. D. Design Man&uds 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Corte, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. beat least thirty -six (36) niches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60' 4. Water Lines: All water lines must be a minnnum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power — 0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable _ 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open overnight or unattended. 8. Crossings, under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing f the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (1'0) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to age noblems, -p - - - Vol. / 7<5 Pg. a— _ e e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; E based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County_ Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity.. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. L No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and /or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shalt be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said constriction and/or maintenance and /or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shal l notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing fncil /ties 1. Maintenance and/or repair to existing cables, conduits, _and /or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G Relocation of udlltles. 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any oral[ poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County. Engineer within a reasonable time as determined by the County Engineer and Utility — CornpanX, aiicfattCeexperisoftHeUfiITCyCompany . =— Vol. 7J , Pg._ / a2 H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non- controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification -minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest Glitch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48 "deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol. /7 �� pg. /4 8 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 17.1 -17.4 On this the 29th day of January 2013 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct l 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 29th day of January 2013 the Court heard and approved a budget amendment for the 2012 -2013 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 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 29th day of January 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: �.. 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. � .l`� pg. �a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 17.1 1/29/2013 FUND DIV ACCT -PROJ DR1CR ACCOUNT NAME Increase Decrease 2400 24005220 60170000 CR Copier/Printer/Fax Supplies 300.00 2400 24005220 67203000 DR Minor Computer Hardware 202.00 2400 24005220 67670000 DR Printers 98.00 IJP Tech Fund JP 2.2 - Judge Munoz I I _ I I I Reallocation of funds to Vol. 1 p /le) BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 17.2 1 r2a/ ?ni s FUND DIV- ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 14000100 67203000 CR Minor Computer Hardware 321.10 0100 14000100 71020000 DR Computer Contracts 329.10 Information Technolo Reallocation of funds to proper account. Intuit PO# 13000712 in the amount of $2,000 was canceled due to the policy for payment has changed and they no longer accept PO's. The amount of the renewal had increased in the amount of $321.10 and was charged on a personal credit card. The final amount was $2,321.10, in which a Payment Authorization has been submitted to reimburse employee. Aboared'By ::' :: • nrim I � ,, Vol. /,Zr pg. /�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 17.3 i► ?ann13 FUND DIV ACCT PROJ DR/CRj ACCOUNT NAME Increase Decrease 4500 63000500 80892820 CR Vehicles - Jail 30,000.00 4500 63000500 80892800 DR Vehicles - SO Admin 30,000.00 General Capital Improvement Funds Reallocation of funds to purchase a patrol vehicle for the SO Administration. The $30,000 was approved during the adoption of the FY 13 Budget to replace a transport vehicle for the Jail Division. On December 4, 2012, Sheriff Kirk requested that the Commissioner's Court approve the transfer of two S1U vehicles to the Jail Division to replace the requested replacement transport vehicle. With the transfer of the two vehicles, this will allow the purchase of a new patrol car for the SO - Administration Division. The request was approved on December 4, 2012, line item #10. P'repared "nnm, :1/23720131 Vol. Pg. - / / a- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 17.4 1129/2013 FUND DIY ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80286000 CR Eq - Other 21,940.00 4500 63000500 80891800 DR Vehicles - CA 21,940.00 (General Capital Improvement Funds I I I I I Reallocation of funds to purchase a replacement vehicle for the County Attorney's Office. A vehicle was involved in a wreck on January 3, 2013. Prepared;By z ,: t �', 5 � f� nnriia Date'.;.$ u�a 1_/23/2013; Vol. . Pg. /49 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 29, 2013 Department Submitting Inform, ation:'.,Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested .Request(s) Applies To Brazos Center Moore, Mathew New Hire District Attorney Assabill, Ekua New Hire Juvenile Coker, Collin Quinones- Rivera, Ariel S.O. Jail Bowser, Melvin Edwards, Shawn Grissom, David Hanley, Sean Neveu, Albert Other New. Hire Other Other New Hire Transfer to Another Dept. New Hire Approved in Commissioners' Count: Janua 29 20� County Jud'ge's or Commissioner's.Signature:•' (This Copy to be attached to minutes) Vol. Pg.