The URL can be used to link to this page

Home My WebLink About2013-03-12-10:00AM-REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA -�IIAR -3 A !0: 141-1 �'020 ,i / BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MARCH 12, 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 Catalena 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 22: 3. Reappointment of the following to the Homeland Security Advisory Committee (HSAC1: • a. R.B. Alley, Fire Chief, City of College Station • b. Jim Barker, Deputy Fire Chief, South Brazos Countv • c. Eric Buske. Chief of Police. City of Bryan • d. Jeff Capps, Chief of Police, City of College Station • e Chuck Frazier Emeraency Management Coordinator, Brazos County • f. John H. Happ, Jr., Director of Aviation, Easterwood Airport • q Jerry Henry Emergency Management Coordinator City of Bryan • h Brian Hilton Emergency Management Coordinator, City of College Station • 1. Bart Humphreys Public Information Officer, City of College Station • i. Bill Jeanes. Director of Risk Manaaement, Brazos County • k. Leslie Lutz, Emeraency Piannina Supervisor, Texas A &M University • I. Kenny Mallard, Commissioner Pct. 3, Brazos County • m. Randy McGregor, Fire Chief, City of Bryan n Michele Meade Deputy Emergency Manaaement Coordinator, Brazos County • o. Brandy Norris, Assistant Chief of Police, City of College Station • p. Monica WeinAtraub, Safety & Security, Texas A &M Vol. 1'7l Pg. 5-4 4, Appointment of the following to the Homeland Security Advisory Committee (HSAC): • a. Patrick Corley, 911 Executive Director, Brazos County • b. Jim Stewart, Chief Deputy, Brazos County Sheriff's office 5. Approval of Official Bond for Jeff Reeves. g, Appointment of Brazos County Constable Pct.1 effective immediately. 7. Consider and take action on the approval of the Order establishing rules for iunkyards, automotive wrecking and salvage yards. 8. Approval for indemnification for the Brazos County Expo for $50.00 shortage from the Texas Mounted Shooters event. 9. Authorization for Sheriff Chris Kirk to travel out of state to attend training at the Western States Sheriffs' Association 2013 Annual Conference to be held in Las Vegas, Nevada March 17- 22.2013. 10. Payment Authorization to Perry Office Plus in the amount of $323.56 for purchase of a coffee 11. Payment Authorization to A -1 Fire & Security Equipment In the amount of $186.00 for services provided: purchase order was closed prior to invoice. 12. 13, Award and Approval of contract # 2013 -10 Collection of Delinquent and Criminal Court costs Fines and Fees with McCreary, Veselka, Braaa. 14. Award of Sections 17 -19 of Bid #2013-01 Janitorial and Cleaning SUDWy to ProStar. 15. M. 17. Approval of Treasurer Report for January 2013. 18. Tax Refund Applications for the following: • a. Juan Trevino - overpayment -$8.85 • b. Bundaae -Bone Concrete Pumpina- overpayment- $756.98 • c. Luann G. Ervin -overpayment- $881.80 • d. William & Marla Niksch- overpayment- $200.00 • e. WFG Lender Services LLC- overpayment- $244.58 19. Budget Amendments. Budget Amendments FY 12/13 23.1 thru 23.7 20, Approval of manual requisition in the amount of $18.598.11 to Wilton's Office Works for furniture in Magistrate #1 for Phase III. 21. Personnel Change of Status. Personnel Action Forms Vol. Pg."2J�_ 22. Payment of Claims. 23. several years and be complete by end of 2014. 24. Acknowledgement of monthly reports submitted in February 2013. 25. Acknowledgement of the Brazos County Purchasing Department Update for the month of February. 26. Sheriff's report on inmate population. 27. Announcement of interest items and possible future agenda topics. 28. Call for Citizen input and /or concerns. 29. Adjourn. Vol. pg. d�3� 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 t 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 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 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 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 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. 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. Vol. Pg. �.�� BRAZOSCOUNTY BRYAN,TEXAS MINUTES March 12, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Paae.ndf File Stamped Agenda.pdf Sign in sheet.ndf 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, March 12, 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 Catalena 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 22: Vol. Pg. 3. Reappointment of the following to the Homeland Security Advisory Committee (HSAC): Item 3.pdf • a. R.B. Alley, Fire Chief, City of College Station • b. Jim Barker, Deputy Fire Chief, South Brazos County • c. Eric Buske, Chief of Police, City of Bryan • d. Jeff Capps, Chief of Police, City of College Station • e. Chuck Frazier, Emergency Management Coordinator, Brazos County • f. John H. Happ, Jr., Director of Aviation, Easterwood Airport • g. Jerry Henry, Emergency Management Coordinator, City of Bryan • h. Brian Hilton, Emergency Management Coordinator, City of College Station • i. Bart Humphreys, Public Information Officer, City of College Station . j. Bill Jeanes, Director of Risk Management, Brazos County . k. Leslie Lutz, Emergency Planning Supervisor, Texas A &M University . 1. Kenny Mallard, Commissioner Pct. 3, Brazos County . m. Randy McGregor, Fire Chief, City of Bryan . n. Michele Meade, Deputy Emergency Management Coordinator, Brazos County . o. Brandy Norris, Assistant Chief of Police, City of College Station . p. Monica Weinstraub, Safety & Security, Texas A &M Chuck Frazier, Emergency Management Coordinator spoke about the appointment and noted that in item "p" there was a misspelling. There is no s in Weintraub. The list of committee members was approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 4. Appointment of the following to the Homeland Security Advisory Committee (HSAC): Item 4.pdf • a. Patrick Corley, 911 Executive Director, Brazos County • b. Jim Stewart, Chief Deputy, Brazos County Sheriff's office Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 5. Approval of Official Bond for Jeff Reeves. Item 5.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 6. Appointment of Brazos County Constable Pct. 1 effective immediately. Item 6.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 7. Consider and take action on the approval of the Order establishing rules for junkyards, automotive wrecking and salvage yards. ID Item 7.pdf A copy is attached. Vol. l Zol Pg. v Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 8. Approval for indemnification for the Brazos County Expo for $50.00 shortage from the Texas Mounted Shooters event. LD Item 8.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 9. Authorization for Sheriff Chris Kirk to travel out of state to attend training at the Western States Sheriffs' Association 2013 Annual Conference to be held in Las Vegas, Nevada March 17 -22, 2013. Item 9.)d 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 Authorization to Perry Office Plus in the amount of $323.56 for purchase of a coffee brewer /decanter for Road and Bridge Department and request for Commissioners Court to declare the coffee brewer /decanter serves a public purpose. Item 10.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 11. Payment Authorization to A -1 Fire & Security Equipment in the amount of $186.00 for services provided; purchase order was closed prior to invoice. Item 11.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 12. Payment Authorization to Dallas County Southwestern Institute of Forensic Sciences in the amount of $4,314.60 (2 invoices) for DNA testing that was done on an Aggravated Sexual Assault of a Child Case; a purchase order was not obtained in advance. Item 12.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 13. Award and Approval of contract # 2013 -10 Collection of Delinquent and Criminal Court costs Fines and Fees with McCreary, Veselka, Bragg. Item 13.pdf Term of the contract is for two (2) years beginning on March 16, 2013 and continuing through January 31, 2015 with an additional two (2) year period. A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 14. Award of Sections 17 -19 of Bid # 2013 -01 Janitorial and Cleaning Supply to ProStar. Vol. I Item 14.pdf A copy of the bid tabulation sheet is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 15. Request permission to enter private property owned by Michael Cash located on Rustic Oaks Drive. Project will replace driveway culvert and realign drainage ditch from private property to within the right -of -way to help improve drainage of area. This work is being performed for the health, safety and welfare of the general public. Site is located in 2. Item 15.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , .Mallard , Peters , Wassermann . 16. Request permission to enter private property owned by Rex S. Jackson located on Jones Road. Project will reshape and realign the Turkey Creek channel to correct drainage issues at bridge. Areas of erosion leading to creek will be fixed. Rip -rap material will be placed on private property for erosion control. Area will be seeded once work is complete. This work is being performed for the health, safety and welfare of the general public. Site is located in 4. Item 16.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. Approval of Treasurer Report for January 2013. Item 17.pdf The Court received, approved and order filed as submitted the Treasurer's report for January 2013. A copy is attached to and made a part of these minutes. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wassermann . 18. Tax Refund Applications for the following: VIE Item 18.pdf • a. Juan Trevino - overpayment -$8.85 • b. Bundage -Bone Concrete Pumping- overpayment - $756.98 • c. Luann G. Ervin- overpayment - $881.80 • d. William & Marla Niksch- overpayment - $200.00 • e. WFG Lender Services LLC- overpayment - $244.58 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann. 19. Budget Amendments. Budget Amendments FY 12/13 23.1 thru 23.7 Item 19.pdf Vol. /76 Pg.OMz 23.1 Reallocate funds for Tax Assessor /Collector 23.2 Reallocate funds for Constable Precinct 4 23.3 Reallocate funds for Hotel Occupancy Tax 23.4 Reallocate funds for Justice of the Peace Precinct 2, Place 2 23.5 Reallocate funds for Sheriff Forfeiture Fund 23.6 Reallocate funds for JP Tech Funds Justice of the Peace Precinct 1 23.7 Reallocate funds for Courthouse Renovation Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena., Cauley , Mallard , Peters , Wassermann. 20. Approval of manual requisition in the amount of $18,598.11 to Wilton's Office Works for furniture in Magistrate #1 for Phase III. LID Item 20.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 21. Personnel Change of Status. Personnel Action Forms Item 21.pdf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 22. Payment of Claims. 23. Claims Sheet.pdf BILL LIST 03.12.13.pdf 7107855 through 7108088 Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . D= Item 23.pdf ID Item 23 (2).pdf Acknowledgment of the BTU Transmission projects located in Precincts 1 & 4. BTU will construct several new substations sites within the County. These substations will then be connected together with new transmission lines to better provide electric services to customers. Project is planned to take several years and be complete by end of 2014. 24. Acknowledgement of monthly reports submitted in February 2013. Item 24.pdf The Court acknowledged receipt of the Extension Service reports for February 2013 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: Vol. Pa. - �fY _ County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff 25. Acknowledgement of the Brazos County Purchasing Department Update for the month of February. Item 25.pdf The Court acknowledged receipt of the Purchasing Department Weekly Update. 26. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 556 inmates in jail, 53 have electronic monitors and 16 are pending for monitors. 27. Announcement of interest items and possible future agenda topics. There were no announcements. 28. Call for Citizen input and /or concerns. There was no citizen's input. 29. Adjourn. v��. 1 74 P9. _ The foregoing minutes of the Commissioners Court meeting held March 12, 2013 have been examined and are approved in open Court this c h( day of 2013, in Bryan, Brazos County, Texas. Duane Peters County Judge !/ k, Sammy Catale a Commission , Precinct 2 Irma Cauley �,/ Commissioner, Precinct Attest: �L3it`rl I0 �- Q u.40.,." Karen McQueen �� ''�'`� County Clerk �`� Vol /7G Page v�� Lloyd Wassermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Pr ct 3 BRAZOS COUNTY COMMISSIONERS COURT Meetm' g on m4A P )z �3 V JO fl 0 Gt Nk- C PAGr of _ Vol. M pg. �� r� - 0 L .r C PAGr of _ Vol. M pg. �� BRAZOS COUNTY COMMISSIONERS COURT Meeting on PAGE 2 Of Vol. pg. THE COUNTY OF BRAZOS ORDER ESTABLISHING RULES FOR JUNKYARDS, AUTOMOTIVE WRECKING AND SALVAGE YARDS THE COMMISSIONERS' COURT COUNTY JUDGE COUNTY COMMISSIONERS PASSED AND APPROVED THIS � DAY OF ,20 13. �F Com issioner Lloyd Wassermann Precinct 1 cfi�u Commissione nny Malla Precinct 3 Duane Peters County Judge S,dmmis.54ner Sammy Catalena Version 1.0 C: \Users\bae4626\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content.Outlook \VEGYEOPT\Brazos County Junkyard Ordinance.docx Page 1 E. ORDER ESTABLISHING RULES FOR JUNKYARDS, AUTOMOTIVE WRECKING AND SALVAGE YARDS Table of Contents ARTICLE 1 ESTABLISHMENT AND GENERAL PROVISIONS .................. ..............................3 ARTICLE2 DEFINITIONS ............................................................................ ..............................4 ARTICLE3 DUTIES AND POWERS ............................................................ ..............................6 ARTICLE 4 ADMINISTRATIVE PROVISIONS ............................................. ..............................6 SECTION A. APPLICATIONS AND FEES ................................................ ..............................6 SECTION B. EXEMPTION FROM COMPLIANCE WITH THESE RULES . ..............................6 SECTIONC. FEES ..................................................:................................ ..............................7 ARTICLE 5 LICENSE APPLICATION PROCEDURE .................................. ..............................7 SECTION A. INITIAL LICENSE ................................................................. ..............................7 SECTION B. RENEWAL APPLICATION ................................................... ..............................9 SECTION C. SWORN SIGNATURE REQUIRED ..................................... .............................10 ARTICLE 6 PROCEDURE FOR COMMISSIONERS COURT APPROVAL . .............................10 SECTION A. PUBLIC HEARING .............................................................. .............................10 SECTION B. NOTICE OF HEARING ........................................................ .............................11 SECTION C. CRITERIA FOR APPROVAL ............................................... .............................11 ARTICLE 7 ISSUANCE OF INITIAL LICENSE AND RENEWAL ................ .............................12 SECTION A. ISSUANCE OF LICENSES ................................................. .............................12 SECTION B. LICENSES FOR INCREASE IN LAND AREA OR CHANGE OF LOCATION ...13 ARTICLE 8 REQUIREMENTS FOR OPERATIONS .................................... .............................13 SECTION A. COMMENCEMENT OF OPERATIONS ............................... .............................13 SECTION B. SCREENING REQUIREMENT ..... ............................... ........ .............................14 SECTION C. EXPANSION OF OPERATION ........................................... .............................14 SECTION D. TRANSFER OF LICENSES ................. ............................... ...............15 ARTICLE 9 GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE ....................... 15 SECTION A. SUSPENSION OF LICENSE ............................................... .............................15 SECTION B. REVOCATION OF LICENSE ............................................... .............................16 SECTION C. HEARING ON SUSPENSION AND REVOCATION ............ .............................16 ARTICLE 10 ENFORCEMENT .................................................................... .............................16 C: \Usersibae4626WppData \Local \Microsoft\Windows \Temporary Internet Files \Content.OutlooklVEGYEOPT \Brazos County Junkyard Ordinance.docx Page 2 Vol. ORDER ESTABLISHING RULES FOR JUNKYARDS, AUTOMOTIVE WRECKING AND SALVAGE YARDS ARTICLE 1 ESTABLISHMENT AND GENERAL PROVISIONS Authority These rules are adopted by the Brazos County Commissioners Court acting in its capacity as the governing body of Brazos County. Brazos County adopts these rules under the authority of Texas Transportation Code, Chapter 396. Purpose The purpose of these rules is to protect the public health, safety, and welfare by requiring junkyards and automotive wrecking and salvage yards to be licensed by Brazos County. Area of Jurisdiction These rules shall apply to all of the areas of Brazos County except for the areas within the boundaries of the incorporated cities, towns and villages of Brazos County. These rules shall also apply to those incorporated cities or towns or villages that have adopted these rules and executed cooperative agreements with Brazos County for their enforcement. Effective Date These rules shall become effective upon adoption by the Commissioners Court. Construction, Precedents, and Interpretation These rules shall be construed liberally to accomplish their purpose. The Commissioners Court shall resolve any question regarding any interpretation of these rules. In the event of any conflict between the rules and a State law, a rule adopted under a State law, or a municipal ordinance, the stricter of the two provisions prevails. The masculine, feminine, and neuter genders shall be construed to include the other genders as required. The singular and plural shall be construed to include the other number as required. C:1Users\bae4626WppData\Local \Microsoft \Windows\Temporary Internet Files\Content.OutlooklVEGYEOPT \Brazos County Junkyard Ordinance.docx Page 3 Vol. --- 1?�° -- pg. .V�_ Severability If any provision of these rules or the application thereof to any person or circumstances is held invalid, the validity of the remainder of these rules and the application thereof to other persons and circumstances shall not be affected. ARTICLE 2 DEFINITIONS APPLICANT - any person who is preparing or has filed an application for a license pursuant to these rules. AUTOMOBILE GRAVEYARD - an establishment that is maintained, used, or operated for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. AUTOMOTIVE WRECKING AND SALVAGE YARD - any person or business that stores three or more wrecked vehicles outdoors for the purpose of dismantling or otherwise wrecking the vehicles to remove parts for sale or for use in an automotive repair or rebuilding business. COMMISSIONERS COURT - Brazos County Commissioners Court. COMPLETED RENEWAL APPLICATION - an application that contains all of the information and documents required by Article 5 of these rules. COUNTY - Brazos County Government or its authorized agents. DIRECTOR - the Director of the Brazos County Health Department and/or the Brazos County Engineer or their designee(s). INTERESTED PARTY - any person who may be affected by the issuance of a license pursuant to these rules and would include not only owners in fee simple, life tenants, lessees for years, lienholders, easement holders, and residents of a proposed yard, but also any person with these interests in land situated within one thousand (1000) feet of a proposed yard. JUNK - copper, brass, iron, steel, ferrous or non - ferrous material, rope, rags, batteries, tires, paper, trash, rubber, debris, waste, or other material (other than a wrecked vehicle) that has been discarded or sold at a nominal price by a previous owner of the material. JUNKED VEHICLE - a vehicle that is self - propelled and: C: \Users \bae4626\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content.OutlooklVEGYEOPT\Brazos County Junkyard Ordinance.docx Page 4 Vol. _ _l�'�i Pg. OKA-,� 1. does not have lawfully attached to it: a. an unexpired license plate; or b. a valid'motor vehicle: inspection certificate; and 2. is: a. wrecked, dismantled or partially dismantled, or discarded; or b. inoperable and has remained inoperable for more than: i. 72 consecutive' hours, if the vehicle is o.n public property; or ii. 30 consecutive days, if the vehicle is on private property. JUNKYARD — an automobile graveyard, a business that owns junk and is operated to store, buy; or sell junk, or processing scrap metal, all or part of which is kept outdoors until disposed. MOTOR VEHICLE — a. any motor driven or propelled vehicle required to be registered under the laws of this state; b. a trailer or semitrailer; :.other than manufactured housing, that has a gross vehicle weight that exceeds 4,000 pounds; c. a house trailer; d. an all- terrain, vehicle;' as- defined by Section 502.001,, designed by the manufacturer for off - highway use that is not required to be registered under the laws of this state; or e. a motorcycle, motor - driven cycle, or moped that is not required to be registered under the .laws"of this state, other than- a' motorcycle, motor - driven cycle, or moped designed for and used exclusively on a :golf course. PERSON - any natural person, trust, estate, partnership, limited partnership, association, company or corporation. PROPOSED YARD — the land to be occupied ,by a junkyard or automotive wrecking and salvage yard if a license is granted pursuant to these rules. RECYCLING' BUSINESS —a business primarily engaged in the business of: a. converting metal or other material into raw material products have prepared grades and an existing or potential economic value; b. using raw material products in the production of new products; or c. obtaining or storing metal or other materials for a purpose described in "a" or "b" above. WRECKED VEHICLE — a discarded, junked, or worn -out motor vehicle, including an automobile, truck, tractor- trailer, or bus, that is not in a condition to be lawfully operated on a public road. C:\ Users \6ae4626\AppDa6\Local \Micros6ft \Windows \Temporary Internet Filesl Content.0utlook\VEGYEOPT16razos County Junkyard Ordinance.docx Page 5 Vol. Pg..s ARTICLE 3 DUTIES AND POWERS The Director is required. by the Commissioners Court to perform the following: a. To enforce these rules and to make appropriate recommendations to proper County authorities when instances of noncompliance with these rules has been determined. b. To make annual reports,.to the Commissioners Court on all actions, including legal actions taken oncerning these rules and to provide the Commissioners Court�any.other information concerning these rules and their implementation which may be requested by the Commissioners Court. ARTICLE 4 ADMINISTRATIVE PROVISIONS SECTION A. APPLICATIONS. AND FEES The Director shall accept ;all -applications and collect all :fees necessary to meet the requirements of these rules. All fees collected shall be deposited in the general fund of County SECTION B. EXEMPTION .FROM COMPLIANCE WITH THESE RULES The screening requirement of these rules does not apply to the following: a. a recycling business; b. a junkyard or an automotive wrecking and. salvage yard that is located entirely within an. incorporated city, town or village and that is subject to regulation in any manner by the city, town, or village unless the city, town or village has adopted these-rules; or The county licensing provisions of Article 5 of this Act -do not apply to: a. a recycling business; b. a junkyard or an automotive wrecking and, salvage yard that_ is located entirely within an incorporated city or town and that is subject to regulation in any manner by the city or town, unless the city or town has adopted these rules; -or c. a junkyard or an automotive wrecking and salvage yard that legally began operation before June 1, 1987.. C: \Users\bae4626\AppData \Local \Micr6soft \Windows \Temporary Internet Files\ Content.OutlooklVEGYEOPT\Brazos County Junkyard Ordinance.dom Page, 6 Vol. _ —�7 Pg. v 5 Request for Exemption A person desiring an exemption from compliance with any requirement of these rules shall do as follows: a. File a written request with the Director stating the nature of the exemption requested; b. The reason that justifies granting the exemption; and c. Any additional information that the Commissioners Court requests. The Director shall notify the Commissioners Court of all requests for exemption within 14 days of the date on which the request is filed. Within 45 days after the filing of a request, the Commissioners Court shall review the request and notify the person, in writing, of their decision. If the request is denied, the Commissioner's Court shall include the reasons for denial in the notice. If the Commissioners Court does not give notice of their decision within 45 days of receipt of the request, the exemption is automatically granted. SECTION C. FEES To defray the reasonable costs of administering these rules, the Director shall require a fee of $25.00 to be paid. Such fee shall be paid with the filing of an application for a license and with the filing of an application for renewal of a license. The license shall cover a period of one year from the day on which the license is approved. The fee for issuing a duplicate license for one which is lost, destroyed or mutilated shall be $5.00. ARTICLE 5 LICENSE APPLICATION PROCEDURE SECTION A. INITIAL LICENSE Application for licenses to operate junkyards or automotive wrecking and salvage yards or expand or change locations shall be made in writing to the Director on a form prescribed by him and shall, along with such other information he may require, contain the following Information: a. the name, mailing address, residential street address, and business street address of the applicant; b. the name of the proposed operation; C: \Users\bae4626\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content.Outlook \VEGYEOPT\Brazos County Junkyard Ordinance.docx Page 7 Vol. Pg.� c. the street address of the proposed .yard and the page and volume number of the Real Property Records of Brazos County, Texas where the most recent deed to the property on-,which the proposed yard-will be located was recorded; d. the exact legal description of the proposed yard; ` e. if the applicant is a partnership, the name, .mailing address, residential street address, and business street address for each member of the partnership; and f. if the applicant is a corporation, the name, mailing.; address, residential street address, and business street address of each - .officer and director of the corporation and, the- -name and address for ' service of process on the registered agent of the corporation. Supporting Documents: Requirement for License The applicant shall attach the following documents to its application: a. if an assumed name (d /.b /a) is used, a date - stamped copy of the Certificate of Assumed Name; b. if the applicant is a general partnership, a copy of the fully .executed partnership agreement; c. if the applicant is,a limited partnership, a date- stamped-copy of the Certificate of Limited Partnership; d. if the applicant is a corporation, a date- stamped copy of the Articles of Incorporation filed with the, Secretary of State and a, certified copy of the corporate resolution authorizing the corporation - to file an application pursuant to these rules. and designating the officer authorized to execute the application; and e. if the applicant is not the owner in fee simple of the proposed yard, a properly executed power of attorney or other written' evidence of the agency agreement between the applicant and the owner. Interested Parties The party filing the application, for license to operate junkyards or automotive wrecking and salvage yards shall provide, the names and mailing addresses of all schools, churches, and interested parties as defined herein, and all other persons that the applicant"knows, or reasonably should know, have -an interest in receiving notice of the hearing on the application for the license. Acknowledgment Required for License C: \Users \bae4626\AppData \Local \Microsoft \Windows\Tempbrary Intemet- Files\ Content .Outlook\VEGYEOPT\brazosiCounty Junkyard Ordinahce.docx Page 8 Vol. zzl Pg. .S,J The application shall contain the following statements: "Applicant grants County the authority to place notices pursuant to Article 3.02(c) on the site of the proposed yard. All of the information contained in said application is true and correct to the best of the applicant's knowledge and belief, applicant acknowledges that the license applied for shall be subject to all provisions of the codes and ordinances of Brazos County relating to junkyards and automotive wrecking and salvage yards and shall be subject to all provisions of the codes and statutes of the State of Texas." SECTION B. RENEWAL APPLICATION Applications for renewal licenses shall be made in writing to the Director on a form prescribed by him and shall, along with, such other information as he may require, contain the following information: a. the name, mailing address, residential street address, and business street address of the applicant; b. the name of the operation; c. the street address of the yard and the page and volume number of the Real Property Records of Brazos County, Texas where the most recent deed to the property on which the yard is located was recorded; d. the exact legal description of the yard; e. if the applicant is a partnership, the name, mailing address, residential street address, and business street address for each member of the partnership; and f. if the applicant is a corporation, the name, mailing address, residential street address, and business street address of each officer and director of the corporation and the name and address for service of process on the registered agent of the corporation. Supporting Documents Required for Renewal Application Unless the applicant has attached the following documents to a prior application and there have been no amendments or changes to the documents since attached to the prior application, the applicant shall attach the following documents to its application: a. if an assumed name (d /b /a) is used, a date - stamped copy of the Certificate of Assumed Name; b. if the applicant is a general partnership, a copy of the fully executed partnership agreement; c. if the applicant is a limited partnership, a date - stamped copy of the Certificate of Limited Partnership; d. if the applicant is a corporation, a date - stamped copy of the Articles of Incorporation filed with the Secretary of State and a certified copy of the C: \Users\bae46261AppData\Local \Microsoft \Windows \Temporary Internet Files\ Content.Outlook \VEGYEOPT\Brazos County Junkyard Ordinance.docx Page 9 Vol.. _.___l ��__ P9•.� -� corporate resolution authorizing the corporation to file an application pursuant to these rules and designating the officer authorized to execute the application; and e. if the applicant is not the owner in fee simple of the proposed yard, a properly executed power of attorney or other written evidence of the agency agreement between the applicant and the owner. Acknowledgment Required for Renewal License The application shall contain the following statements: "The location in the renewal application is the same land area and geographic location as that approved by the Commissioners Court in the initial application." "The license has never been revoked and is not suspended or expired on the date of application." "The junkyard or automotive wrecking and salvage yard is in operation on the date of application for renewal." "All of the information contained in this application is true and correct to the best of the applicant's knowledge and belief." "Applicant acknowledges that the license applied for shall be subject to all provisions of the codes and ordinances of Brazos County relating to junkyards and automotive wrecking and salvage yards and shall be subject to all provisions of the codes and statutes of the State of Texas." SECTION C. SWORN SIGNATURE REQUIRED Application for license and renewal license shall be signed and sworn to by the applicant (if the applicant is a partnership, by a general partner on behalf of the partnership and, if the applicant is a corporation, by the officer of the corporation designated to execute the application on behalf of the corporation), before a notary public or other official authorized to administer oaths. ARTICLE 6 PROCEDURE FOR COMMISSIONERS COURT APPROVAL SECTION A. PUBLIC HEARING Prior to approval of any application for a license pursuant to these rules the Commissioners Court shall hold a public hearing on the question of approval of the application and conditions to be imposed on the location. At this public hearing, interested parties shall have the right to be heard on the question of approval and conditions to be imposed. The public hearing shall be held within 45 days of receipt of an application in compliance with Article 5 of these Rules. C: \Users\bae4626\AppData\Local \Microsoft \Windows \Temporary Internet Files\ Content.Outlook \VEGYEOPT\Brazos County Junkyard Ordinance.docx Page 10 L l.-17 - Pg. "-.!r SECTION B. NOTICE OF HEARING In any notice of hearing, the Director shall state: a. the nature of the approval sought, b. the location for which approval is sought, c. the date, the time and place of the hearing, d. any additional information the Director may consider necessary, and e. the rights of interested parties to be heard on the questions of approval and conditions to be imposed. At least ten (10) days prior to the date set for any hearing, the Director shall mail notice of the hearing by first class mail, postage prepaid, to the applicant, to the owners of the proposed yard and to the schools, churches, and interested parties included in the lists of these groups attached to the application for the license pursuant to Article 5, Section A, "Interested Parties" of these rules. The Director shall post a notice of hearing in compliance with the Open Meetings Act, Texas Government Code, Chapter 551 on the site of the proposed yard or expansion or change of location of a licensed junkyard or automotive wrecking and salvage yard in a place that is visible from the adjacent roads or highways. This notice of hearing must be posted at least ten (10) days before the date set for the hearing. Any notice required to be given pursuant to these rules, other posting the notice at the site of the proposed yard, shall be considered given by depositing same in the U.S. mail, postage pre -paid, addressed in accordance with the information given by applicant. SECTION C. CRITERIA FOR APPROVAL The Commissioners Court may deny approval of any application for any license sought pursuant to these rules for the following reasons: a. the location of the proposed yard would be detrimental to the public health, safety, or welfare; b. the location of the proposed yard would create a hazard to the environment; c. the location of the nearest boundary of the proposed yard would be within one thousand (1,000) feet of the nearest property line of property on which there is a church, a school, a park, a hospital, a nursing home, or a residence (single - family home, duplex, apartment, townhouse, or mobile home), or the nearest boundary of a residential subdivision for which County has approved a survey's plat; C: \Users \bae4626\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content.Outlook\VEGYEOP'RBrazos County Junkyard Ordinance.docx Page 11 Vol. _ / 77 pg• --� ✓-� d. the location of the proposed yard would be, incompatible with the surrounding development; e. the location of the proposed yard would be detrimental to the economic welfare of Brazos County; f. the location of the proposed yard would be within one thousand five hundred (1,500) feet of a lake, river, tributary or pond; g. the location of the proposed yard would be within the one hundred (100)yearflood plain; or h. the applicant has not complied with Article 5 of these rules. Conditions of Approval In granting approval of any application for a license to establish or expand or change location of any junkyard or automotive wrecking and salvage yard within Brazos County, the Commissioners Court may impose conditions on the location at which a junkyard or automotive wrecking and salvage yard may operate. Time for Approval The Commissioners Court shall decide whether to grant or deny approval of an application within sixty (60) days of the public hearing on that application and, if this decision is not made within sixty (60) days, the application shall be deemed to have been approved by the Commissioners Court. ARTICLE 7 ISSUANCE OF INITIAL LICENSE AND RENEWAL SECTION A. ISSUANCE OF LICENSES Under the conditions established in these rules, the Director shall issue licenses to all applicants whose applications have been approved by the Commissioners Court in compliance with these rules. All licenses shall include the certification of the Brazos County Clerk, or her authorized agent, that the license has been approved by the Commissioners Court and the date of approval. All licenses shall be originally signed by the Director or his authorized agent. Initial Licenses Initial licenses may be issued by the County upon receipt of the prescribed fee and a completed application only if the Commissioners Court has approved the location of the junkyard or automotive wrecking and salvage yard. C:\ Users \bae4626\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content.Outlook \VEGYEOPT\Brazos County Junkyard Ordinance.docx Page 12 r __L._7 Pg. �- Annual Renewal of Initial Licenses After the initial license has been issued by the County, the Director shall renew the license within thirty (30) days after receipt of the prescribed fee and a completed renewal application, provided that the location in the renewal application is the same land area and geographic location as that approved by the Commissioners Court in the initial application; the license has never been revoked and is not suspended or expired on the date of application; and the junkyard or automotive wrecking and salvage yard is in operation on the date of application for renewal. SECTION B. LICENSES FOR INCREASE IN LAND AREA OR CHANGE OF I nr.ATInN Licenses for an increase in land area of the location or for changes in location may be issued by County upon receipt of the prescribed fee and a completed application only if the Commissioners Court has approved the location of the additional area to be used for the increase in land area or the new location of the junkyard or automotive wrecking and yard. Annual Renewal of Licenses for Increase in Land Area or Change of Location After the license for increase in land area or change of location has been issued by the County, the County shall renew the license within thirty (30) days after receipt of the prescribed fee and a completed renewal application, provided that the location in the renewal application is the same land area and geographic location as that approved by the Commissioners Court in the application for increase in land area or a change of location; the license has never been revoked and is not suspended or expired on the date of application; and the junkyard or automotive wrecking and selvage yard is in operation on the date of application for renewal. ARTICLE 8 REQUIREMENTS FOR OPERATIONS SECTION A. COMMENCEMENT OF OPERATIONS A person shall not operate a junkyard or automotive wrecking and salvage yard within Brazos County, unless that person has a valid, subsisting license obtained pursuant to these rules. C:\ Users \bae4626WppOata \Local \Microsoft \Windows\Temporary Internet Files \Content.Outlook \VEGYEOPT\Brazos County Junkyard Ordinance.docx Page 13 Compliance with Conditions A person granted a license shall comply with all conditions placed on the location of the junkyard or automotive wrecking and salvage yard by the Commissioners Court pursuant to Article'.8of these rules. Location of Yard A Junk yard or an automotive wrecking and salvage yard may not be located within fifty (50) feet of the right -of -way of a public street, state highway, or residence. Stacking A person may not accumulate or stack materials associated with a junk yard or an automotive wrecking and salvage yard higher than the fence surrounding the junk yard. Effect of Local Ordinances In screening a junkyard or an automotive wrecking and salvage yard, the person who operates it Must, comply, to the extent practicable, with all application ordinances adopted by a political subdivision. SECTION B. SCREENING REQUIREMENT A person who operates a " junkyard or an automotive wrecking and salvage yard in this Brazos County shall screen the entire premises . with a solid barrier fence at least eight (8) feet high. The fence must be painted a natural earth tone color and may not have any sign appear on its surface other than a sign indicating the business name. Any existing junkyard or automotive wrecking and salvage yard must bring screening requirements into compliance with these rules on or before October 1, 2013. SECTION C. EXPANSION OF OPERATION A person shall not increase the land area occupied 'by or change the location of a junkyard or automotive wrecking and.. salvage yard unless that person has a valid C: \Users \bae4626\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content .Outlook \VEGYEOPT\Brazos County Junkyard Ordinance.docx Page 14 Vc�l. w pg._�d� license for that increase in land area or change in location obtained pursuant to these rules. SECTION D. TRANSFER OF LICENSES A person shall give a notice stating the name, mailing address, residential street address and business address of all transferees and any change in the name of the operation to the Director before transferring a license to another person.. A person shall not transfer a license from one location to another without the prior approval of the Commissioners Court after notice and public hearing in compliance with Article 6 of these rules. Any license transferred from one location to another location without such prior approval of the Commissioners Court is no longer a valid license as of the date of transfer. ARTICLE 9 GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE SECTION A. SUSPENSION OF LICENSE If a junkyard or automotive wrecking and salvage yard is not screened in compliance with Section 396.021 of the Texas Transportation Code, or in compliance with Chapter 397, Subchapter E. of the Texas Transportation Code, whichever is applicable, the Director may suspend the license for that junkyard or automotive wrecking and salvage yard. The suspension shall continue until the junkyard or automotive . wrecking and salvage yard is being operated in compliance with the applicable article. No Longer Existing Business If the junkyard and /or automotive wrecking and salvage yard ceases to conduct business at the location on the license for a period of 6 months or more, the Director may suspend the license for that.junkyard and /or automotive wrecking and salvage yard. If said' yard desires to conduct business again as a junkyard and /or automotive wrecking and salvage yard, applicant/owner will be required to re -apply for a new license as if it was a new business following the notice and hearing procedures and approval by Commissioners Court. Notice of Suspension C:\ Users \bae4626\HppData\Local \Microsoft \Windows \Temporary Internet Files\ Content.Outlook \VEGYEOPT\Brazos County Junkyard Ordinance.docx Page 15 v If the Director suspends the license of a junkyard or automotive wrecking and salvage yard, the Director shall give notice of the suspension to the holder of the license. SECTION B. REVOCATION OF LICENSE If the license of a junkyard or automotive wrecking and salvage yard has been suspended for more than 14 days and the operation of the junkyard or automotive wrecking and salvage yard has not been brought into compliance with the applicable article, the, license shall automatically be revoked and no valid or subsisting license shall exist for that junkyard or automotive wrecking and salvage yard. If the applicant has provided any information in the application which is not true and correct, the license may be revoked by the Director and, if revoked, no. valid license shall exist for that junkyard or automotive wrecking and salvage yard. Notice of Revocation If the license of a junkyard or automotive wrecking and salvage yard is revoked pursuant to these rules, the Director shall give notice of that revocation to the holder of the license. SECTION C. HEARING ON SUSPENSION AND REVOCATION The applicant or current holder of a suspended or revoked license ,may have a hearing by the Commissioners Court on the suspension or revocation of the license if a request for such a hearing is made in writing to the Brazos County Judge within 30 days of receipt of the notice of suspension .or revocation. The hearing will be set as soon as practicable, but in no event later than 30 days after receipt of the request for the hearing. ARTICLE 10 ENFORCEMENT Inspection The Director- may routinely inspect -junkyards and automotive wrecking and salvage yards to. assure continued compliance with these rules. Criminal C:\ Users \bae4626\AppData\ Local\ Micro 'soft \Windows \Temporary, Internet Files\ Content.Outlook \VEGYEOPT\Brazos County Junkyard Ordinance.docx Page 16 Vol. _� Pg. 3 Ir A person who violates this ordinance commits an offense. An offense under this Article is a Class "C" Misdemeanor. A separate offense occurs under this Article on each day on which all of the elements of the offense exist. Jurisdiction for prosecution. of a suit under this Article is in the Justice of the Peace Courts. Venue for prosecution of a' suit under Ihis Article 'is the Justice of the Peace precinct in which the violation is alleged to have occurred. Civil Whenever it appears that a violation of these rules has occurred, is occurring, or threatens to occur, the County or any person is entitled. to, bring a suit in District Court for injunctive relief against the person who committed, is committing, or is threatening to commit the violation. Such civil suits may not be instituted by the County unless the Commissioners Court .has authorized the institution of the suit. C: \Users\bae4626\AppData \Local \Microsoft \windows\'Temporary Internet Files \Content.OutlookWV GYEOPT\Brazos County Junkyard Ordinance.docx Page 17 Vol. Pg. o� CONTRACT FOR COLLECTION OF DELINQUENT COURT FINES AND FEES ASSESSED BY THE COURTS OF BRAZOS COUNTY, TEXAS STATE OF TEXAS COUNTY OF BRAZOS THIS CONTRACT is made and entered into by and between the COUNTY OF BRAZOS, TEXAS, acting herein by and through its governing body, hereinafter styled, "County", and McCREARY, VESELKA, BRAGG AND ALLEN, P.C., hereinafter styled "MVBA ". I. The County agrees to retain and does hereby retain MVBA to provide legal services related to the enforcement of the collection of delinquent debt and accounts receivable including: fines, fees, court costs, forfeited bonds, restitution and other amounts in accordance with Article 103.003 1, Texas Code of Criminal Procedure (hereinafter referred to in this agreement as Fines and Fees ") pursuant to the terms and conditions in this contract. II. For purposes of this contract all Fines and Fees shall be referred to MVBA when determined to be delinquent as provided for in Article 103.0031, Code of Criminal Procedure. At least once each month on a date or dates agreed upon by the parties, the County will provide MVBA with copies of, or access to, the information and documentation necessary to collect the delinquent fines and fees that are subject to this contract. Whenever feasible, the County shall furnish the information to MVBA by electronic transmission or magnetic medium. The County shall be responsible for the receipting of the payment of all fines and fees collected pursuant to this contract whether received directly from the defendant or from MVBA. III. MVBA shall forward all cashier checks or money order payments made payable to the County and any correspondence from defendants directly to the County. Cashier checks or money order payments made payable to MVBA will be deposited daily into the MVBA Trust Account. MVBA may also collect the amount due from the defendant by credit card or electronic draft which is deposited directly into the MVBA Trust Account. MVBA shall remit, semi - monthly, all funds deposited into the MVBA Trust Account which pay the entire balance of a fines and fees account, along with an invoice detailing the docket number, name of defendant, amount paid by the defendant to MVBA or directly to the Court and the MVBA fee percentage and fees earned for each case. However, upon written direction of a Court, MVBA shall remit, semi - monthly, all funds deposited into the MVBA Trust Account even if the amount does not pay the entire balance of the account, along with an invoiced detailing the docket number, name of defendant, amount paid by the defendant to MVBA or directly to that Court and the Vol.- 174 Pg•�� MVBA fee percentage and fees earned for each case. The remittance from MVBA to the Court shall include the fees earned by MVBA on the fines and fees collected. IV. MVBA shall indemnify and hold the County harmless from and against all liabilities, losses and/or costs arising from claims for damages, or suits for losses or damages, including reasonable costs and attorney's fees, which may arise as a result of MVBA's performance of the services described in this contract. The indemnity provision of this contract shall have no application to any claim or demand which results from the sole negligence or fault of the County, its officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of the County and MVBA, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. V. For the collection of Fines and Fees, the County agrees to pay to MVBA, as compensation for the professional services rendered the following fees: 1. For those Fines and Fees imposed against Unadjudicated Offenses that occurred before June 18, 2003, there is no fee due (0 %) MVBA on the amount collected by the Court on those cases. 2. For those Fines and, Fees imposed against Adjudicated Offenses regardless of the date of the offense, and against Unadjudicated Offenses that occurred on or after June 18, 2003, a fee of thirty percent (30 %) of the amount of the Fines and Fees collected by the County as provided by Article 103.0031 of the Code of Criminal Procedure. 3. In the event any case is disposed of by acquittal or dismissal, or if the fine, costs and/or fees are discharged through performance of community service, credit for jail time served, or due to the discretionary removal of a collection fee by the Court or pursuant to §45.0491 of the Code of Criminal Procedure, no compensation shall be paid to MVBA by the County. All compensation shall become the property of MVBA at the time of payment. The County shall pay to MVBA said compensation on a monthly basis by check. MVBA shall reimburse the County for the cost of a delinquent export program from American Cadastre LLC dba AMCAD. However, the amount of reimbursement shall not exceed $5000.00 (Five thousand dollars). VI. MVBA reserves the right to return to the appropriate court all accounts not collected within one (1) year of referral by the County, or identified as being in bankruptcy. Upon return of these accounts, neither party will have any obligation to the other party to this contract. Contract for the Collection of Fines & Fees - Page 2 of 4 Vol. 4L�- Pg._ VII. The initial term of this contract is two years, beginning on March 16, 2013 and continuing through January 31, 2015, with the County having an option to renew for an additional two year period. Either party may, without cause, terminate this contract at the end of the initial contract term or thereafter by giving the other party written "Notice of Termination of Contract" at least thirty (30) days prior to the intended termination date. In the event that the County terminates this contract, MVBA shall be entitled to continue its collection activity on all accounts previously referred to MVBA for six (6) months from the date of receipt of the "Notice of Termination of Contract' and to payment of its fee, pursuant to Paragraph V of this contract for all amounts collected on accounts referred to MVBA. The County may, at its discretion, refer additional accounts to MVBA after notice of termination has been received by MVBA. At the end of the six (6) month period, all accounts shall be returned to the County by MVBA. VIII. For purposes of sending notice under the term of this contract, all notices from the County shall be sent to MVBA by certified United States mail to the following address: McCreary, Veselka, Bragg & Allen, P.C. Attention: Harvey M. Allen P.O. Box 1310 Round Rock, Texas 78680 -1310 or delivered by hand or by courier, and addressed to: 700 Jeffrey Way, Suite 100, Round Rock, Texas 78664 -2425. All notices to the County shall be sent be certified United States mail or delivered by hand or courier to the following address: County of Brazos, Texas Attention: Duane Peters, County Judge Brazos County Administration Bldg., Suite 332 200 South Texas Ave Bryan, Texas 77803 IX. This contract is made and is to be interpreted under the laws of the State of Texas. In the event that any provision(s) of this contract shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of that provision(s) shall not affect any other provision(s) of this contract, and it shall further be construed as if the invalid or unenforceable provision(s) had never been a part of this contract. 1� In consideration of the terms and compensation herein stated, MVBA hereby agrees to undertake performance of said contract as set forth above. Contract for the Collection of Fines & Fees - Page 3 of 4 Vol. — / pg. The Counfy•has authorized by order heretofore passed and duly recorded in its minutes the chief executive officer to execute this contract. This contract, may be executed in any number of counterparts, and each counterpart shall be deemed an original for all purposes. Signed. facsimiles shall be binding and enforceable. nn-1 WITNESS the signatures of all parties hereto this, the �d- day of 1" OLr 6-) , A.D. 2013. CO F S, TEXAS County Judge McCREARY, VESELKA, BRAGG & ALLEN, P.C. Shelburne J. Veselka Attorney at Law , 'Col i[racl for the Collection of Fines & Fees - Page 4 of 4 Vol. _ -%_ %� pg. ��8 Vol. _ Pg.90 c; 7 10 U y a0 ao ci L cc) cc a m` v 06 aJ LL m O' C y tD UD IA cu LL L 0) 6 Q LL C E m �— O O O tD C a m 0 Ol tD I� N ^ U eo .�-1 Op `p 00 J � m Oa U 10 M Y � � d O N •� LA N ) LL U 1= J•+ C C W ` C cu � t m d cr o O 00 A 'F ++ O C N ba w c 3 _� 'H O U d c ,l i O y JT O O p u d a ,� 3 LA a O M CL u o c .` c c Y c v ■- c y O V R a 0J aEi X +- O U uii Ln W H e-1 N M in w Vol. _ Pg.90 Vol. i. . l. I pzi, I V �'l 1 1 1 1 1 1 1 1:1.1 1 1 1 1 V . l. Fp F F P P P + 41 t QF 87 : 11 ' e� u g t F� gib agf d' `p9 s k - all ire 1e (s fe [ gir e•�� P p� �� e "" �l III if ir de"Fr �c IN! I +tl� s "�r a'edjY ` S�eYY_ e d = $x ,►� ec g �SS t 1 2-11 n1 �� gq F_F� i's" _ _ o .�`�s �g. 3� � .� OR m - L a H �p 9 x Fg g Btl AA �tl ¢ g -�y e n y M fE E� "q c � -b �a f9a,Y�yY6 f s.t}O p i c F E E f c s ZR s c E E € S lit F - g iY 8 F c F [ s C FF F M@ [ E F E E C [ € S Vol. - -�[v Pg. �%� - 1 1 iii i loin 0 0 0 Isimis SEEM f BRAZOS COUNTY COMMISSIONERS' -COURI ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: March 12, .2013 SUBJECT: Private Property Access Request permission to enter private property owned by-Michael Cash located on Rustic Oaks Drive. Project will replace driveway culvert and realign drainage ditch from private property to within the right -of =way to help improve drainage of the area. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. SUBMITTED BY:. J V. Salvato Right of Way Agent This request is i APPROVED BY: sioner Precinct 2 Duane Peters, County Judge DATE: imissioners' Court Vol. .i E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalens Commissioner Pct. 2 Kenny Mallard Commissioner Pd. 3 Irma Cauley Commissioner,Pct. 4 OWNER(S): Kett Op P, y R 0 oy OF 9 BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM Michael Cash R. Alan.Munger, P.E. County Engineer Brazos County Road & Bridge Dept. 2817 Hwy 21 West Bryan, Texas 77803 Office: 979.822 -2127 Fax: 979 - 775 -0453 ramunger @brazoscountytx.gov' II. ADDRESS: 269 Rustic Oaks Drive Bryan, Texas 77806 III. LOCATION OF WORK: Same as above R81985 — Rustic Oaks, Block 1, Lot 21, 4.81 acres IV. DESCRIPTION OF WORK: Project will replace driveway culvert and realign drainage ditch from private property to within the right -of -way to help improve the drainage of the area. Additional Comments: 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: 1� Date: 7 -•:R. Alan Munger, P. Joe V. Salvato County Engineer f Way Agent %� Vol.. pg. 7 DEPARTMENT MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge March 12, 2013 Private Property Access Request permission to enter private property owned by Rex S. Jackson located on Jones Road. Project will reshape and realign the Turkey Creek channel near bridge to correct drainage issue. Areas of erosion leading to creek will be fixed. Rip -rap material will be placed on private property for erosion control. Area will be seeded once work is complete. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 4. SUBMITTED BY: A V A-n e V. Salvato Right of Way Agent APPROVED BY: Irma Cauley Commissioner Precinct 4 This request is Ud PPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: 3-1 I--13 Vol. _G__ Pg._1 TE OF ? i opt ptio`' Ty OF 0P BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Uoyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mailard Commissioner Pct. 3 Irma Cauley Commissioner Pct. 4 OWNER(S): Rex S. Jackson R. Alan Munger, P. E, County Engineer Brazos County Road 8 Bridge Dept. 2617 Hwy 21 West Bryan, Texas 77803 Otfice: 979 -822 -2127 Fax: 979 - 775 -0453 ramunger@brazoscountytx.gov II. ADDRESS: 7179 Jones Road Bryan, Texas 77807 III. LOCATION OF WORK: Same as above R11938 — John H Jones, A -2601, Tract 46, 21.846 acres IV. DESCRIPTION OF WORK: Project will reshape and realign the Turkey Creek channel near bridge to correct drainage issues. Areas of erosion leading to channel will be fixed. Rip -rap material will be placed on private property for erosion control. Area will be reseeded once work is complete. This work is being done for the health, safety and welfare of the general public. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owne (s) grant permission to Brazos County the ability to access the above mentioned privat ro or ro dway maintenance purposes. Owner's Signature: . R. Alan Munger, P.E. County Engineer Date: J Salvato Right of Way Agent Vol. ` pg. v �� The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of a"lin A.D. 2013 Karen McQueen. County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this ID-' day of Lloyd W 9tmann, Commissioner Precinct #I Commissioner Precinct #2 Treasurer's Report for the MONTH JANUARY 2013 F/71--Pg. _��__ ' a Gll � ° 0 � � � NPOR lu CR cd 14 14 In em LNM 04 In lu 01 9 r4 co QR ell fn ui ' a Gll � ° 0 � � � BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 23.1— 23.7 On this the 12th day of March 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 1 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 March 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 IS 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 12th day of March 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: Copies: County Clerk's Office and Attached to the original budget County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes s Vol BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 23.1 3/12/2013 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 13000100 60360000 CR Furniture 820.00 0100 13000100 67342000 DR Furniture 820.00 Tax Assessor /Collector Reallocation of funds to purchase a desk and return unit with keyboard tray. PreparedTBY'?�� __ r BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 23.2 3112nn13 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30401100 65550000 CR Radio Maintenance 315.00 0100 30401100 60360000 DR Furniture 315.00 Constable Pct. #4 - Butler Reallocation of funds to purchase two stools. Vol. 11 lv _ P9. C BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 23.3 si19r17ms FUND DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1100 110025001 67211000 CR Software 1272.00 1100 110025001 65150000 DR Computer Maintenance 1,272.00 IHotel Occupancy Tax Reallocation of funds to correct account for the e of 2 adobe BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 23.4 '%!! 2!201-3 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease —7-- CR 35.00 2400 24005220 1110000 Conference & Seminars 2400 24005220 67203000 DR Minor Computer Hardware 35.00 JP Tech Funds - JP 2Z Reallocation of funds to finalize the purchase of aging equipment. Prepared By, y ht P 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 23.5 • 44919n43 FUND DIV ACCT PROJ 5-R-1CR -- ACCOUNT NAME Increase Decrease 2500 28010000 61130000 CR Contingency 4,908.35 4,908.35 2500 28010000 0-287000 DR Equipment - Other Sheriff Forfeiture Fund Reallocation of funds to purchase a portable radio for the new Patrol Deputy. j,repare 3 Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 23.6 W! 2!2013 FUND DIV — ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2400 24005100 67203000 CR Minor Computer Hardware 1,737.00 2400 24005100 61110000 CR Conference & Seminar Fees 2,051.00 2400 24005100 67281000 DR Equipment - Electronic 3,788.00 A J? Tech Funds - JP #1 E Reallocation of funds to purchase a ticket writer for Constable Pct. 1. :;;.N.. ns" BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 23.7 3112/2013 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000700 80101003 CR Bldg. Renov - Court house 18,598.11 4500 63000700 60360000 DR Furniture 14,149.91 4500 63000700 --67342000 DR Furniture 4,448.20 Courthouse Renovation Reallocation of funds to purchase furniture for Magistrate #1. 7/2 Vol, P(j PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date.: March 12, 2013 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 Constable'Pct. 1 Reeves, Jeff Appointment County Attorney Kopetsky, Holly Reinstated Expo Foster, Jacqueline New Hire S.O. Jail Boyd, Joseph Step Increase Cosby, Amy Lauren Resignation Estrada, Rene New Hire Hewitt, Rhoda Step Increase Hudson,, D Ann Step Increase Lourcey, Casey Step Increase Marinari, Justin 'Step Increase Matthews, Bobby Step Increase Mitchell, Casey New Hire Riordan, Marc New Hire Schmidt, Jeremiah Step Increase Shannon, Tammy Step Increase Williams, Keith Promotion Approved in Commissioners' Court: March 13: County Judge's or Commissioner's Signature: (.This Copy to be attached to minutes) v: Vor _____L �___. pg. �� rr. - fi S s Brazos County Purchasing Department Monthly Update February 2013 Number of PO's Processed: 341 Requisitions Completed: 10 Capital Payments: 10 Projects In Progress Construction . ;Courthouse: Phase III - Elevator #4 still progressing - Elevator, #3.renovation is currently underway o Expected return to service is 4/8/13 - Holding cells on 2 "d and 4th floor are in progress - Currently coordinating the install of furniture and Court, benches Tax Office: - Site civil plans are almost complete and should be advertised for bid in March. - Basic floor plans for the building are approved. - Meetings with IT and Maintenance have been completed. - Building design continues Bids/ RFP's/ RFQ's Poly Jute Collection of Fines and Fees (RFP) Various Aggregates Motor Grader Blades Janitorial and Cleaning Supplies Fencing Supplies Herbicides and Surfactants Urinalysis & Hair Drug Testing (RFP) Detention Medical* Director (RFQ) Civil Engineer, Traffic Engineer, Material Testing, Surveyor (RFQ) County Depository (RFP) Exposition Center Rock Lot Tax Office Site Work Fleet Software Expo Parking Lot Misc. Roof Replacement and Repair Hot Mix Asphalt - Waiting on R &B specs - Contract in progress - Specs. In progress - Currently evaluation bids - Finish awarding 3/12 -Bids open 3/12 - Currently evaluation bids -Court to award 3/12 - Specs. In progress -SOQ's open 3/20 - Specs. In progress - Specs. In progress - Specs.. In progress - Specs: In progress - Specs. In progress - Specs. In progress - Specs. In progress Vol. _ -- � % to pg. �'� F` cr „•1. Temporary Employment - Specs. In, progress Dust Control Carpet Cleaning - Specs. In progress Specs. In Jury Summons - progress - Specs. In progress Renewals N/A Solicitation of Quotes Other,' ,Purchase of Misc. Trees - Specs. In progress Internet Service Provider - Contract in progress Vehicle Graphics. -Bids due 3/8 Vehicle Window Tint -Court to award 3/12 !Landscaping Materials . - Specs. In progress Air Filters for Mechanical, Systems - Evaluating samples � Truck Scale Maintenance - Specs. In progress 'Printer Fleet Management - Evaluating proposals Merchant Services - Evaluating proposal Auction - Currently working on another auction to take place in March Purchasing Policy - Reviewing and revising policy Asset Reconciliation - All assets are reconciled for period 4 - Period 5 asset reconciliation will begin week of 3/11 Print Management' The 90 Day analysis has been completed. IT and .Purchasing are evaluating the proposals, Roof Replacement - Design specifications are in progress Radios for Bailiffs The radios are currently in use. Texas Communications is working on a networking bug Magistrate AN System - Installation will begin around 3/18 Fuel Tanks - Working on specifications Vol. Pg. jt ACKNOWLEDGED Duane Peters Date County Judge pg. Vnl- L7 o� -7P