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2013-05-28-10:00AM-REGULAR MEETING
BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT AY 2U Ems = 02 THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MAY 28, 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 Mallard 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 -16: 3. Resolution 13-010 recognizing Todd Carroll for his 40 years of faithful and dedicated service to KBTX- TV and the Brazos Valley. 4, Resolution 13 -011 establishing the County's uar icloation in the Texas Enterprise Zone Program. 5. Lease agreement between Brazos County and the Junior League of Bryan- College Station Inc 6. Permission to advertise 2013 -61 Various Road Aaareaate 7. Consider and take action on acceptance of revised fob descriptions for the following Road and Bridge positions: • a. Temporary Laborer -1200 Hours • b. Flaaaer /Laborer 8. Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Diiiy Shaw Tap Road. Prolect will connect several oil wells In the area. Site Is located in Precinct 2. 9. Consider and take action on the Crimson Energy Partners utility permit to construct 8" road bore under Pine Tree Road. Proiect will connect several oil wells in the area. Site is located in Precinct 2. 10. Tax Refund Applications for the following Vol. / 79 Pg. • a. Texas American Title Co. -ovemavment- $75.09 • b. Dinah M. Bukowski- overpayment - 550.21 • c. Margret Anne Foster - overpayment -$7.52 11. Commissioners Court minutes for the following dates: • a. May 7, 2013 - Regular Meeting • b May 14 2013 - Regular Meeting • c. May 21 2013 - Regular Meeting • d. May 21, 2013 - Public Hearing 12. Budget Amendments. Budaet Amendments FY 12/13 34.1 thru 34.6 13. Personnel Change of Status. Personnel Action Forms 14. Payment of Claims. 15. Convene into the following Executive Sessions: a. Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and/or settlement offer b. Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and /or settlement offer and 551.074 to discuss personnel matters. c. Executive Session pursuant to Texas Government Code 551.074 to discuss personnel matters. 16. Consider and possible action on Executive Sessions. 17. Acknowledgement of the Brazos County Emeraencv Service District 4 final report performed by the County Auditor as ordered by Commissioners Court for period ending September 30, 2012. 18. Acknowledgement of the bond set by the County Judge in the amount of $5,000.00 for the treasurers of all Brazos County Emeraencv Service Districts per Section 775.037 of the Health and Safety Code 19. Sheriff's report on inmate population. 20. Announcement of interest items and possible future agenda topics. 21. Call for Citizen input and /or concerns. 22. Adjourn. Vol. / Pg. o A/ 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 Brains County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only If a matter has been listed on an agenda property posted prior to the meetng. 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 77603 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. 7— Pg. �9/� BRAZOS COUNTY BRYANJEXAS MINUTES May 28, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING ID Signature Page.pdf 0-- File Stamped Aaenda.pdf IS Sian in sheet.pdt A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, May 28, 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 Mallard 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 16: Vol. / % Pg. OZ 18 3. Resolution 13 -010 recognizing Todd Carroll for his 40 years of faithful and dedicated service to KBTX -TV and the Brazos Valley. Item 3.odf A copy is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wassermann . 4. Resolution 13 -011 establishing the County's participation in the Texas Enterprise Zone Program. SU Item 4.odf This formally establishes incentives that may be offered. A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 5. Lease agreement between Brazos County and the Junior League of Bryan - College Station, Inc. :1:D Item 5.odf The lease was approved as submitted with the Junior League paying the sum of $650 per month during the entire term of the lease. The term is for one (1) year commencing on June 1, 2013 and ending on June 1, 2014.. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 6. Permission to advertise 2013 -61 Various Road Aggregate ?-- Item 6.odf 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 acceptance of revised job descriptions for the following Road and Bridge positions: Item Todf • a. Temporary Laborer - 1200 Hours • b. Flagger /Laborer A copy of each 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 . 8. Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Dilly Shaw Tap Road. Project will connect several oil wells in the area. Site is located in Precinct 2. ID Item 6.odf Included with the application was check number 1952 for $500. Vol. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wassermann . 9. Consider and take action on the Crimson Energy Partners utility permit to construct 8" road bore under Pine Tree Road. Project will connect several oil wells in the area. Site is located in Precinct 2. Item 9.odf Included with the application was check number 1344 for $500. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 10. Tax Refund Applications for the following: 10 Item 10.Dd • a. Texas American Title Co.- overpayment - $75.09 • b. Dinah M. Bukowski- overpayment - $50.21 • c. Margret Anne Foster - overpayment -$7.52 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 11. Commissioners Court minutes for the following dates: • a. May 7, 2013 - Regular Meeting • b. May 14, 2013 - Regular Meeting • c. May 21, 2013 - Regular Meeting • d. May 21, 2013 - Public Hearing Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 12. Budget Amendments. Budget Amendments FY 12/13 34.1 thru 34.6 Item 12.odf 34.1 Reallocate funds for Hotel Occupancy Tax 34.2 Reallocate funds for Collections 34.3 Reallocate funds for Tax Assessor /Collector 34.4 Reallocate funds for Building Maintenance 34.5 Reallocate funds for Building Maintenance 34.6 Reallocate funds for Capital Projects - General Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters . Wassermann . 13. Personnel Change of Status. Personnel Action Forms Vol. 17 7 g. �i�d ID Item 13.odf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters, Wassermann . 14. Payment of Claims. 0 Claims Sheet.odf .tom- BILL LIST 05.28.13.odf At this point, the County Judge announced the Court would consider items 17 through 21 then return to convene into Executive Session. At 10:57 a.m. the County Judge announced the meeting open to the public and the following claims were approved. 7110482 through 7110717 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters , Wassermann . 15. Convene into the following Executive Sessions: Having considered the previously noted agenda items, at 10:10 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session for the following: a. Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and /or settlement offer b. Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and /or settlement offer and 551.074 to discuss personnel matters. c. Executive Session pursuant to Texas Government Code 551.074 to discuss personnel matters. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Kendra Suhling, Civil Counsel Katie Conner, Auditor Bill Jeanes, Risk Manager Jennifer Salazar, HR Director Toni Flores, HR Associate (item B only) 16. Consider and possible action on Executive Sessions. The County Judge moved to approve a supplement in the amount of $2,000 per year from Contingency to be paid to Bethany Eckstrom for contract accounting services for the MPO. These funds are to be reimbursed by the MPO. Commissioner Catalena seconded the motion. Commissioner Wassermann, Catalena, Mallard and the County Vol. % � Pg. _ —� Judge voted "Aye ". Commissioner Cauley voted "No ". The motion carried. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 4 -1. Members voting Aye: Catalena , Mallard , Peters, Wassermann . Members voting Nay: Cauley. . 17. Acknowledgement of the Brazos County Emergency Service District 4 final report performed by the County Auditor as ordered by Commissioners Court for period ending September 30, 2012. YJ Item 17.)d The Court acknowledged receipt of the Brazos County Emergency Service District 4 final report performed by the County Auditor as ordered by Commissioner Court for the period ending September 30, 2012. 18. Acknowledgement of the bond set by the County Judge in the amount of $5,000.00 for the treasurers of all Brazos County Emergency Service Districts per Section 775.037 of the Health and Safety Code. Item 18.odf The Court acknowledged the bond set by the County Judge in the amount of $5,000 for the treasurers of all Brazos County Emergency Service Districts per Section 775.037 of the Health and Safety Code. 19. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 593 inmates in jail, 60 have electronic monitors and 17 are pending for monitors. 20. Announcement of interest items and possible future agenda topics. There were no announcements. 21. Call for Citizen input and /or concerns. There was no citizens' input. 22. Adjourn. vol. 1% Pg. �� The foregoing minutes of the Commissioners Court meeting held May 28, 2013 have been examined and are approved in open Court this . day of 2013, in Bryan, Brazos County, Texas. County Judge Commissioner, Precinct 1 Irina Caule'y-- Commissioner, reci t 4 Attest: Karen McQueen County Clerk Vol 17�Z Page a �3 rZ 1 Kenny Mallar Commissioner, Lcinct 3 BRAZOS COUNTY COMNIISSIONERS COURT Meeting on = 6f-ti+' L 16CO Fi-/T- PAGE I of �J Vol. /,Z�z Pg. °?. a1C BRAZOS COUNTY CO— NMSSIONERS COURT Meeting on Jr 2 i - ;;b 0 g / 0 '..7 `J 4. % t PAGE i of Vol. / �T Pg. '01 Name Organization / Department 44d a, 0-61e . 1 k, �Ofi�7 t� ODD FL i C. L/ WLLL- PAGE i of Vol. / �T Pg. '01 Resolution Honoring Todd Carroll WHEREAS, Todd Carroll began his career in the production department at KBTX -TV on June 1, 1973; and WHEREAS, Todd Carroll exhibits a high degree of honesty and integrity and also exhibits an ethical approach in all business transactions; and WHEREAS, Todd Carroll treats each one of his clients with respect and kindness; and WHEREAS, Todd Carroll is a true pace - setter in television advertising sales in Bryan, College Station and the Brazos Valley; and WHEREAS, Todd Carroll has helped countless businesses grow their customer base with his guidance and development of effective advertising solutions; and WHEREAS, Todd Carroll supports local, charitable endeavors with his participation and use of resources; and WHEREAS, Todd Carroll has helped lay the foundation for unprecedented growth and service to the community; and WHEREAS, Todd Carroll continues to seek ways to have a positive influence on the next generation of employees at KBTX; and NOW THEREFORE, BE IT RESOVED that the Commissioner's Court of Brazos County does hereby recognize Todd Carroll for his 40 years of faithful and dedicated service to KBTX -TV and the Brazos Valley. DULY adopted by vote of the Commissioners Court of Brazos County, Texas on the 28`" day of May, 2013. I :) Duane Peters County Comdiissioner Lloyd Wassermann Precinct 1 Commissioner Ke iNAmall ard Precinct 3 NJ Vol. % �' Pg. ,?,2L RESOLUTION NO. I S—.01 1 A RESOLUTION OF THE Comma IONERs' COURT OF BRAZOS COUNTY, 1lMfLi, ESTABLISxwo THE COUNTY's PARTICIPATION IIY THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TExAs ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), PROVIDING TAR INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING AXIS PIPE AND TUBE, INC. TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BAND AS AN ENTERPRISE PROJECT (PROJECT). WHEREAS, the Commissioners' Court of Brazos County, Texas, (County) desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the county and to provide employment to residents of such area; and WHEREAS, the project or activity is located in an area designated as a 2010 enterprise zone; and WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, Axis Pipe and Tube, Inc. has applied to the County for designation as an enterprise project; and WHEREAS, the County finds that Axis Pipe and Tube. Inc. meets the criteria for tax relief and other incentives adopted by the County on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability; and WHEREAS, a public hearing to consider this ordinance was held by the County on May 22, 2013; NOW, THEREFORE BE rr RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Section 1: The County nominates Aids Pipe and Tube, Inc. for enterprise project status; Section 2: The following local incentives, at the election of the governing body, are or may be made available to the nominated project or activity of the qualified business: a) The County will abate taxes for 10 years on the increase in value of real property improvements and eligible personal property that Axis Pipe and Tube. Inc. locates in the designated enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, in accordance with the Brazos County's Tax Abatement Policy, and with qualified employee being defined by the Act. b) The County may provide regulatory relief to businesses including: 1) streamlined permitting. Vol. �� Pg.� .Z% c) The County may provide enhanced services to businesses, including: 1) facilitating police and fire protection agreements, to be provided by the City of Bryan; 2) institution of community crime prevention programs; or 3) special public transportation routes or reduced fares. d) The County may participate in providing improvements in community facilities, including: 1) capital improvements in water and sewer facilities; or 2) road repair. e) The County may provide improvements to housing, including: 1) sponsoring applications for grants and /or low- interest loans for housing rehabilitation, improvement, or new construction; or 2) transfer of abandoned housing to benefit individuals or community groups. The County may provide business and industrial development services, including: 1) providing the "Freeport" exemption; 2) establishing a "Free Trade Zone" designation; 3) on -site and off site development credits; 4) reduced land cost or use of surplus or other underutilized publicly owned facilities as development sites and /or small business incubators; 51 facilitating negotiations with Bryan Texas Utilities for reduced tariff rates; 6) provision of publicly owned land for development purposes, including residential, commercial, or industrial development; 7) creation of special one -stop permitting and problem resolution centers or ombudsmen; or 8) promotion and marketing services through the Economic Development Foundation and Research Valley Partnership. g) The County in coordination with Workforce Solutions - Brazos Valley, may facilitate the provision of job training and employment services to businesses, including: 1) retraining programs; 2) literacy and employment skills programs; 3) vocational education; or 4) customized job training. Section 3: The enterprise zone areas within the County are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. Section 4: The Commissioners' Court of Brazos County directs and designates its County Judge as the County's liaison to sign the Texas Enterprise Project Certification of Application, communicate and negotiate with the Office of the Governor's Economic Development and Tourism Division (EDT) E Vol. /� pg. � through the Economic Development Bank and enterprise project(s), and to oversee zone activities and communications with qualified businesses and other entities in an enterprise zone or affected by an enterprise project. Section 5: The County of Brazos finds that Aids Pine and Tube. Inc. meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: (a.) Axis Pine and Tube. Inc. is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site located in an enterprise zone in the governing body's jurisdiction and at least twenty-five percent (25%) of the business' new employees will be residents of an Enterprise Zone or economically disadvantaged individuals; and (a.) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities in the area; and (b.) The designation of Axis Pine and Tube. Inc. as an enterprise project will contribute significantly to the achievement of the plans of the County for development and revitalization of the area. Section 6: The enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate on the date that is not less than one year or more than five (5) years after the date of designation. Section 7: This resolution shall take effect from and after its passage as the law and charter in such case provides. PASSED AND APPROVED this 28th da Attest: DUANE PETERS, CO JUDGE KAREN McQUEEN, COUNTY CLERK Approved \as to form: WILLIAM��"��11BALLARD, ASSISTANT COUNTY ATTORNEY Vol. __L Pg. 0� ,;2 % . " ' NOTES . " NOTE 1: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH YOUR COUNTY ATTORNEY IS STRONGLY RECOMMENDED. NOTE 2: PURSUANT TO SB1205 PASSED DURING THE REGULAR SESSION OF THE 71ST LEGISLATURE, DESIGNATION OF AN ENTERPRISE ZONE AUTOMATICALLY DESIGNATES A REINVESTMENT ZONE FOR PURPOSES OF TAR ABATEMENT AFTER AUGUST 28, 1989. THE REINVESTMENT ZONE IS EFFECTIVE FOR THE LIFE OF THE ENTERPRISE ZONE. THE ESTABLISHMENT OF AN ENTERPRISE ZONE AND REINVESTMENT ZONE DOES NOT CREATE A MANDATE THAT AD VALOREM TAX ABATEMENT HAS TO BE OFFERED TO ANY PARTY. BEFORE A TARING ENTITY MAY CREATE A REINVESTMENT ZONE, THE TAXING ENTITY MUST FIRST OFFICIALLY ADOPT "GUIDELINES AND CRITERIA" THAT SET THE TERMS AND CONDITIONS TO GUIDE TAX ABATEMENT AGREEMENTS. THE GUIDELINES AND CRITERIA MUST BE READOPTED EVERY TWO YEARS, IN ACCORDANCE WITH CHAPTER 312.002(c), TEXAS TAX CODE. NOTE S: RESOLUTION ONLY REQUIRES ONE READING. ADDITIONAL READINGS ARE NECESSARY ONLY IF REQUIRED BY YOUR COMMUNITY. NOTE 4: PUBLIC HEARING MUST OCCUR BEFORE ORDINANCE OR ORDER IS PASSED. Vol. Pg. 3y Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Axis Pipe and Tube, Inc. XXX. CERTIFICATION OF APPLICATION Governing Body Liaison Prefix Mr. First Name E. Duane Last Name Peters Title Organization Street Address 200 S. Texas Avenue, Suite 332 Mailing Address P.O. Box 914 City State TX Zip 77806 -0914 Phone Number 979 - 361 -4102 Fax Number 979 - 3614503 Email Address dneters(@brazoscouM.00v Community Website www.brazoscouat%&.00v To the best of my knowledge and belief, the information contained in this Enterprise Project Application is true and correct and I have read the Texas Enterprise Zone Act and the Enterprise Zone Program Rules and am familiar with the provisions contained therein, as evidenced by my signature below. Date May 28, 2013 Printed Name E. Duane Peters Title County Judge +I, GIVEN under my hand and seal of office this a day of �l111 r _ • `'�r Notary Public Notary Public, State cILTexas °• °) STATE OF TEXAS (Notary Seal) My Comm Fxp.0AWM6••••• ..................... My My commission expires Rev.3.1.13 (Texas Enterprise Zone Program) Tab 1, Page 27 TEKis vo `�Z4 LEASE AGREEMENT This lease agreement which is effective as of the 14ft _day of 3 LLM%L , 2013, is made by and between Brazos County, Texas, ( "Lessor") whose address for purposes of this agreement Is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802, and the Junior League of Bryan - College Station, Inc. ( "Lessee ") whose address for purposes of this agreement is 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802. In consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration, Lessor does hereby demise and lease to Lessee and Lessee does hereby lease from Lessor the premises situated in Brazos County, Texas, and being a part of the property commonly referred to as the Brazos Center, and more particularly described and shown in Exhibit A attached hereto with such property hereinafter called the 'leased premises ". 2014. TERM The term of this lease shall be one (t) year commencing on June 1, 2013, and ending on June 1, II RENT AND USE OF THE LEASED PREMISES A. Lessee agrees to pay to Lessor without any prior demand therefore and without any deduction or setoff as a fixed min'snum rent of the sum of Six Hundred Fifty Dollars ($650.00) per month during the entire term of this lease, such amount to be referred to herein as the 'Base RenL" Unless otherwise expressly set forth herein, Lessee shall have the use of the leased premises as described below in consideration for the payment of the Base Rent and no other amount B. In consideration for the payment of the Base Rent, the Lessee shall have access to and use of the leased premises as follows: 1. At all times, the exclusive use of the office space described and designated at Exhibit "A' attached hereto. 2. Occupancy of two storage cabinets in the "receiving area' of the leased premises as described on Exhibit "A'. 3. Each year, on or prior to August 1, the Lessee shall submit to the Lessor a calendar of general membership, board, and provisional meetings scheduled for the twelve months to follow. The Lessor shalt, within two weeks of receiving the calendar of meetings, respond to the Lessee with a confirmation of the proposed schedule. Once the proposed calendar Is confirmed by the Lessor, the scheduled meetings and locations shall be reserved by the Lessor for use by the Lessee. The room set -up for these three types of meetings can be auditorium style or banquet style. If Lessee will not require the use of the requested rooms for the meetings on any given day, Lessee will give Lessor at least 30 days notice. It Is generally understood and agreed by Lessor and Lessee that the general membership meetings will be held in Assembly I, III, IV, or in Lecture/Rehearsal 102. 4. Those areas designated on Exhibit 'A' as Room 106, Room 108, and Room 102 may be used for committee and council meetings at no extra charge provided the following conditions prevail: a. Meetings are to be held only during normal business hours, or after 5 P.M. when another activity is scheduled requiring a Brazos Center attendant to be on the premises. Vol. /ZZ . Pg.,02-3.'Z b. The Lessee must request use of the space at least one week in advance. Such notice must include the date of the meeting, the start and end time, and the name of the person presiding over the meeting. 5. In addition, Lessee has permission for free use of Assembly I, Assembly II, or Assembly IV or Room 102 for 2 - six hour periods as scheduled in advance with the Brazos Center for Agency Orientation and Candidate Orientation. C. Lessor shall provide cleanup service after General Membership, Board, Provisional and Committee meetings, including Agency Orlentation and Candidate Orientation, held in Assembly 1, ill, IV or rooms 102, 106, and 108. Cleanup service includes emptying trash cans and disposing of trash in the dumpster, sweeping and mopping floor and disposing of all remaining items left in room unless otherwise notified. Lessee is responsible for the care and removal of their property, decorations, and equipment. III BUSINESS Lessee shall use the leased premises solely for the use and purpose for which It Is let that being the conduct of Junior League meetings and related Junior League meetings and related Junior League activities as described herein, IV CONSTRUCTION AND ACCEPTANCE OR PREMISES Lessor will provide to Lessee exclusive use of all property described in Exhibit 'A' attached hereto. Lessee accepts the property in its present condition, and Lessee shall not construct any improvements on or in such without the express written consent of the Lessor. V MAINTENANCE AND SURRENDER Lessor shall maintain the roof, foundation, underground and otherwise concealed plumbing, the structural soundness of the exterior walls, and all other parts of the building and other Improvements on the leased premises in good repair and condition. Lessor shall be responsible and keep in a good state of repair all interior plumbing, windows, window glass, plate glass, doors, heating system, air conditioning equipment, fire protection, sprinkler system and the interior of the building in general including the reasonable care of the entrance and exit of the premises. Lessee shall provide all furniture for the leased premises. Lessee shall provide all custodial services for the leased premises as well as minor maintenance of the leased premises. Lessee shall throughout the lease term maintain the leased premises and keep them free from waste or nuisance, and shall deliver up the premises in a clean and sanitary condition at the termination of this lease, reasonable wear and tear and damage from fire, tornado and other casualties excepted. VI TAXES AND ASSESSMENTS Lessor shall pay and fully discharge all taxes, special assessments and governmental charges, if any, assessed against the real estate herein leased, and Lessee shall pay and fully discharge all taxes, special assessments and governmental charges, if any, for any and all personal property located on the above premises. Vol. 1,27_ Pg. ;2 13 z VII UTILITIES Lessor shall pay all utility charges for electricity, heat, gas and water and poorer used in and about the leased premises. Lessee shall pay all charges for its dedicated telephone service and answering service. VIII INSURANCE Lessor and Lessee shall each be responsible for purchasing and maintaining insurance in amounts and for risks as each determines to be appropriate. Lessee will maintain in effect at all tunes a policy of general liability insurance, Including coverage for property damage, in an amount no less than $1,000,000.00. Lessee beers the risk of loss of all property owned by or under the care of Lessee, and Lessee holds Lessor harmless from any claims or causes of action for the loss of or damage to the property owned by or under the care of the Lessee. Ix SIGNS Lessee may not erect signs on any portion of the leased premises, with the exception of small signs identifying the leased premises which have been approved by Lessor In advance. X INDEMNITY The Lessee agrees to and shall Indemnify and hold harmless and defend the Lessor, Its officers, agents, elected officials and employees from and against any and all claims, losses, damages, causes of action, suits and liabllity of every kind, including all expenses of litigation, court costs and attomey's fees, for injury to or death of any person, or damage to any property, or for any breach of contract arising out of or In connection with this lease agreement and the purposes for which this lease agreement was entered Into, Including but not limited to property damage, Injuries and death due to the act, omission, mistake, fault, default, or negligence of (1) the Lessor, Its officers, agents, employees; (2) the Lessee, its agents and employees; and (3) any Invitees, licensees or guests of the Lessee. XI DEFAULT If Lessee shall allow the rent to be in arrears more than ten (10) days after written notice by U.S, mail, return receipt requested, of such delinquency, or shall remain in default under any other conditions of this lease for a period of ten (10) days after written notice by U.S. mall, return receipt requested, from Lessor, or should any other person than Lessee secure possession of the premises, or any part thereof, by reason of receivership bankruptcy proceedings, or other operation of law in any manner whatsoever, Lessor may at its option, following notice by U.S. mail, return receipt requested to Lessee, terminate this lease, or in the alternative, Lessor may reenter and take possession of said premises and remove ail persons and property therefrom, without being deemed guilty of any manner of trespass and relet the premises or any part thereof, for all or any part of the remainder of said term, to a party satisfactory to Lessor, and at such monthly rental as Lessor may with reasonable diligence be able to secure. Should Lessor by unable to relat after reasonable efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay under this lease, or any removal thereof, plus the expense of reletting, then Lessee shall pay the amount of such deficiency to Lessor. Vol. __/ ,f Pg. 3i� XII ASSIGNMENT AND SUBLEASE Lessee shall not assign this lease and any interest therein, or sublet the leased premises, or any part thereof, or any right or privilege pertinent thereto. XIII NOTICES AND ADDRESSES All notices provided to be given under this Agreement shall be given by regular U.S. mail, with the sale exception that notice of default must be delivered by U.S. mail, certified return receipt requested, addressed to the Lessor's agent, and the Lessee's agent, and the Lessee's then serving President at the following addresses: Lessor: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802 Lessee: 3232 Briarcrest Drive, Bryan, Brazos County, Texas, 77802 XIV TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. Xv PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. XVI AMENDMENT No amendment, modificabon or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof duly executed by the parties hereto. XVII ATTORNEY'S FEES In the event Lessor or Lessee breaches any of the terms of this agreement whereby the party not In default employs attorneys to protect or enforce its rights hereunder and prevails, then the defaulting party agrees to pay the other party reasonable attorney's fees so incurred by such other party. Xvill FORCE MAJEURE Neither Lessor nor Lessee shall be required to perform any term, condition or covenant in this lease to long as such performance is delayed or prevented by force majeure, which shall mean acts of God, material or labor restrictions by any governmental authority, civil riot, floods and any other cause not reasonably within the control of the Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in par, to prevent or overcome. IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the date and year first above written. 4 Vol. 17 Pg. 35 LESSOR: BRAZOS COUNTY, TEXAS CtO THE BRAZOS CENTER NAME: TITLE: L VL BRAZOS COU , , LINTY J GL{0 E COUNTYJUOGE 5 -ow -13 DATE LESSEE: THE JUNIOR LEAGUE OF BRYAN - COLLEGE STATION, INC. TITLE: QCtS►xe�. Vol.-/.Z.? Pg. .,931 5 C O v Cl O U Q ro W x w h G7vp O 4 cd u �✓..vl a is N� o N o v v N N y v Vol. —� F9• _3% W W z w U O N W , R Brazos County t, �t Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: May 23, 2013 BID NUMBER: 2013 -61 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Various Road Aggregate REQUESTING DEPARTMENT: Road and Bridge APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: 5 - Qg-) 3 Vol. __ Pg.. ZY y!,,rt 0Ft N A 1 % G�TY UY Aµ' BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: May 28, 2013 ITEM: Consider and take action on acceptance of revised job descriptions for the following Road and Bridge positions: Temporary Laborer -1200 Hours / Class 2667, Group 06 Flagger /Laborer / Class 2665, Group 09 See attached documents. NOTES/EXCEPTIONS: SUB145TTE,BY- R. Alan Munger, P.E J County Engineer CC2013- Revised lob Descriptions APPROVED BY Comer Lloyd Wasse , Pct. 1 �yxtmmissfdu Sa y Catalena Pct. 2 Commissioner y MallardN t. 3 Commtssio I& aule rct. 4 This Request is Approved (or) Denied ❑ by Commissioners' Court Date: Pg. ®�31r T� i Op e Brazos County Job Description Last Updated: T.plMs R•m•bn 1.2081 Y2012 Class Number: 2667 Title: Temp Laborer,. 1200 Hours Pay Group: 06 Department: Road & Bridge FLSA Status: Non Exempt Reports To: Area Supervisor Approved Date: 06101/2013 EEOC Category: Laborers and Helpers Position End Temporary Date: 09/20/2013 Employee Signature: General Summary: A temporary position held with the Road & Bridge Department. Under rose supervision, maintains County Roads and performs traffic control duties in accordance with all safety regulations and procedures. This temporary position will commence after April 30' and end prior to September 20". Essential Duties: The following ARE NOT intended to serve as a comprehensive list of duties, only a representative summary of the primary duties and responsibilities. • Operate pickups and flatbed trucks (not requiring a CDL), and miscellaneous hand tools in accordance with all safety regulations and procedures; conduct routine equipment maintenance and daily equipment inspections. • Perform basic road repair and maintenance tasks; reports safety hazards and traffic problems. • Perform traffic control and flagging activities as needed; follows safety rules and regulations on all work zone and flagging saes, including placing signs, barricades, traffic cones and other warning devices. • Performs manual labor assignments as needed, cuts brush with hand tools, chips, loads and hauls brush, removes dead animals along county roads, clears right -of -way brush and other debris to improve visibility or diminish road hazards. • Tamps, smooths and levels road surfaces; Assists with basic maintenance of fences and bridges including removal of driftwood and debris from culverts and right of way. • Assists with patching, tapping, packing, and leveling cold mix, dirt or other materials during road repair. • Prepares reports and maintains records as needed Other Duties as assigned. (1 %) Supervision Received: From Area Supervisor or Lead Worker Given: This is a non - supervisory position. Education Req ulred: High school graduation or its equivalent, this is a temporary position, no experience required. Preferred: Flagger Training; First Aid Training. Expedince Required: None Preferred: 1 to 2 years previous experience on farm, ranch or construction sites performing manual labor with hand - toots. CertifIcates, Licenses, Registrations Required: Valid Drivers License. Preferred: (Valid) Class C Commercial Driver's License. Flagger Training/Certification. First Aid/CPR Certification. physical Requirements Vol. _.Iz . Pg. Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Work is performed outdoors at construction sites, maintenance facilities, and outside environments. Moderate physical demands including strength sufficient to lift and move items weighing up to 80 pounds without assistance. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat and walk on uneven surfaces without assistance. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, and ability to adjust focus. Knowledge, Skills, & Abilities Work Environment Typical: Knowlec Skills In: ge of: County policies and procedures Techniques of Traffic Control OSHA safety rules and regulations; and safety standards in hazardous traffic environments Federal and state safety laws and regulations Safe and efficient operation and maintenance of pick up trucks, flat bed trucks as well as miscellaneous hand held tools according to standard operating and safety procedures. Following safe work practices. Establishing and maintaining effective working relationships with co-workers. Following verbal and written instructions. Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a pan of a team, and is frequently exposed to danger and inclement weather. The employee is occasionally required to perform tedious, exacting work, to switch from one task to another, and to work under time pressures to meet deadlines. 0 Brazos County Template Rom= 1209/152012 '`!�' ''• Job Description Last Updated: Class Number: 2665 Title: Flagger /Laborer Pay Group: 09 Department: Road & Bridge FLSA Status: Non Exempt Reports To: Area Supervisor Approved Date: 05/01/2013 EEOC Category: Laborers and Helpers General Summary: Under close supervision, maintains County Roads and performs traffic control duties in accordance with all safety regulations and procedures. Operates and maintains equipment used for road maintenance and road construction. Essential Duties: The following ARE NOT intended to serve as a comprehensive list of duties, only a representative summary of the primary duties and responsibilities. • Communicate allowable traffic movements to motoring public in a clear, assertive manner and in accordance with MUTCD. • Perform traffic control and flagging activities as needed; follows safety rules and regulations on all work zone and flagging sites, including placing signs, barricades, traffic cones and other warning devices. • Perform basic road repair and maintenance tasks; reports safety hazards and traffic problems. • .Operate various equipment as needed for roadway maintenance including steel wheel roller, pneumatic roller, tractor and boom mower. • Performs manual labor assignments as needed, cuts brush with hand tools, chips, loads and hauls brush, removes dead animals along county roads, clears right -of -way brush and other debris to improve visibility or diminish road hazards. • Tamps, smooths and levels road surfaces; Assists with basic maintenance of fences and bridges including removal of driftwood and debris from culverts and right of way. • Assists with patching, tapping, packing, and leveling cold mix, dirt, or other materials during road repair. • Operate pickups and flatbed trucks (not requiring a CDL), and miscellaneous hand tools in accordance with all safety regulations and procedures; conduct routine equipment maintenance and dally equipment inspections • Prepares reports and maintains records as needed Other Duties as assigned. (1 %) Supervision Received: i From Area Supervisor or Lead Worker Given- This is a non - supervisory position. Education � Required: High school graduation or its equivalent, flagger certification or ability to receive certification within 6 months of hire. Preferred: Flagger Training; First Aid Training. Experience Required: 1 to 2 years previous experience on fans, ranch or construction sites performing manual labor with hand tools. Preferred: 1 to 2 years previous experience on highway construction projects with substantial traffic control device duties and /or experience with roller operation. Certificates, Licenses, Registrations Required: Valid Drivers License. Preferred: (Valid) Class B Commercial Driver's License. Flagger Training/Certification. First Aid /CPR Certification. Physical Requirements Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Work is performed outdoors at construction sites, maintenance facilities, and outside environments. Moderate physical demands including strength sufficient to lift and move items weighing up to 80 pounds without assistance. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat and walk on uneven surfaces without assistance. Speck vision abilities required by this job include close vision, distance vision, peripheral vision, and ability to adjust focus. Vol. / 7 7 Pg. 2 Knowledge, Skills, & I Abilities T IC2L' I knowledge of: yp County policies and procedures Techniques of Traffic Control OSHA safety rules and regulations; and safety standards in hazardous traffic environments. Federal and state safety laws and regulations Skills In: • Safe and efficient operation and maintenance of pick up trucks, flat bed trucks as well as miscellaneous hand held tools according to standard operating and safety procedures. Following safe work practices. • Establishing and maintaining effective working relationships with co-workers. Following verbal and written instructions. Work Enviroment - -- n i. _. Typical' The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team, and is frequently exposed to danger and inclement weather. The employee is occasionally required to perform tedious, exacting work, to switch from one task to another, and to work under time pressures to meet deadlines. 2 Pg...-,9 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: May 28, 2013 SUBJECT: Utility Permit - Halcon Field Services, LLC Consider and take action on the Halcon Field Services utility permit to construct 8" road bore under Dilly Shaw Tap Road. Project will connect several oil wells in the area. Site is located in Precinct 2. SUBMITTED BY: Salvato of Way Agent This request is W PROVED / Duane bon Precinct 2 by Commissioners' Court County Judge DATE: 5- PS-12) Vol. — Pg- 5L� APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Halcon Field Services, LLC [company name], hereinafter referred to as "Company" a Delaware (state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate equipment 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 Bored Jacked Driven Cased Dilly Shaw Ta Road 80' X Facility to Parallel County Road Within Rieht -Of- -Way CONSTRUCTION TYPE 8.625" Diameter 0.322" Wall Thickness ® High Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material Specification X -52 operating pressure) pressure) Minimum Yield Strength 52,000 psi Maximum Operation Pressure 1.440 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 /work in good faith within 60 days from the date of said permit and shall complete said construction /work within 30 working days. (COMPANY MUST FILL IN). if such construction is not begun by the 60d, 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 of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner 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. I t, 4-9 Approval o i f 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 OF WAY and incorporated herein for reference. In the event Company jails to obtain a permil prior to the installation a• floes mot install trtililies, it, compliance with installation requirements set jorlh hereini (i.e. depth, localiom, etc), Company assnphes all financial respousibilily for damages mullor destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the Terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entilled to relief enjoining any conduct by applicant Which is contrary to the policies. This permit is n revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for.inderests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos Conn01. In the event Conhpaay fails to connply with any or all of the requirements as set forth herein, the Canty may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Appika nt/Compnny. Failure m obtain this permit anA/or notify the County Engineer's Office avian 24 /roars of beginning constrnctionn shall constitute grounds for jab shutdown. By signing ibelow, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Ip II t doom P any Name I.v�r �.,liol�tl Bv: e L) arure DfTTr'rn) Title _�q 2i L Address She"e City t State Zip 3,►�- X17 ���4 11Phone Number s Alto r3SL,re , e r.L 0„� Email: Ly _� PIPELINE 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 05 013 except as noted below: (Month/Day/Year) EXCEPTIONS: fb- B os County Engineer LEROY KENNEY ET UX CALLED 36.42 AC. (DEED DESC. 38.04 AC., SAVE & EXCEPT 1.62 AC.) VOL. 3357, PC. 291 x 315 313 311 309 307 1 Q I 0 1 � I � I I I I 3 I = I I I I � I I I I 1 Sg I O I LAT: 30.76313' ' LON: 96.33609' I I I I 17 F M 4 GROk) Q � h n U J Z 0 V 0 0 a Y b 9 W + + + + + J N N N N N O K W U w N = W U U O A co + f N N 1 a u °W J W O 2 F 1/1 IW U ZJ Zi W J a= Qa 36 ;a + 0 r r N N JANE R. MOORE (LIFE ESTATE) CALLED 78.83 AC. (TR. 1) VOL. 9987, PC. 60 N 70'4427° W G. H. COLEMAN A -10 315 313 311 309 307 305 W 305 29 +10 28 +80 25+50 28 +20 27 +90 27 +60 27 +30 u H - 1 : 30 PROPOSED PIPELINE NOTE: BEARINGS ARE BASED ELEVATION VIEW OF JOB NO. 30173- DILLYBSHAW TAP ROAD -XING PROPOSED BISON UNIT #1H PIPELINE CROSSING DILLY SHAW TAP ROAD HALCON FIELD SERVICES, LLC PIPE SPECIFICATIONS PROPOSED PIPELINE CROSSING DILLY SHAW TAP ROAD 3, 150' SOUTHWEST OF F. M. 2776 WARNINGI UNDERGROUND UTILITIES SHOWN HEREON ARE APPROXIMATE ONLY. BRAZOS COUNTY, TX. THERE MAY ALSO BE OTHER UNDERGROUND UTILITIES THAT ARE NOT SHOWN. BEFORE ANY EXC4VATION OR CONSTRUCTION OPERATIONS BEGIN THE CONTRACTOR SCALE: DRAWN BY: DATE: MUST CONTACT ONE CALL UTILITY LOCATION SERVICES AND THE OWNERS OF THE UTILITIES TO VERIFY THEIR LOCATION. I" = 30' M.P.C. 05 -22 -13 Vol. r�7 _l`'^ pg l GROk) � h n 0 Y b W J Op N 315 313 311 309 307 305 W 305 29 +10 28 +80 25+50 28 +20 27 +90 27 +60 27 +30 u H - 1 : 30 PROPOSED PIPELINE NOTE: BEARINGS ARE BASED ELEVATION VIEW OF JOB NO. 30173- DILLYBSHAW TAP ROAD -XING PROPOSED BISON UNIT #1H PIPELINE CROSSING DILLY SHAW TAP ROAD HALCON FIELD SERVICES, LLC PIPE SPECIFICATIONS PROPOSED PIPELINE CROSSING DILLY SHAW TAP ROAD 3, 150' SOUTHWEST OF F. M. 2776 WARNINGI UNDERGROUND UTILITIES SHOWN HEREON ARE APPROXIMATE ONLY. BRAZOS COUNTY, TX. THERE MAY ALSO BE OTHER UNDERGROUND UTILITIES THAT ARE NOT SHOWN. BEFORE ANY EXC4VATION OR CONSTRUCTION OPERATIONS BEGIN THE CONTRACTOR SCALE: DRAWN BY: DATE: MUST CONTACT ONE CALL UTILITY LOCATION SERVICES AND THE OWNERS OF THE UTILITIES TO VERIFY THEIR LOCATION. I" = 30' M.P.C. 05 -22 -13 Vol. r�7 _l`'^ pg l d a t0 N 1 Y O . t iti d ' ID x vr� N N <n ti N 4 M W °t e e ` s 3+ rJ d a t0 N O d t0 N O d ' ID N N <n ti N 4 M W s 3+ rJ a LT. ?'J HALC(5:N ' FI'Et_D SERVICES. -,. LLC This letter is written to comply with section H — item 3 of the "Brazos County Roadway Safety and Road Preservation Standards" for work conducted in Brazos County right-of- ways: The design and installation of this pipeline and roadway crossings will be constructed in accordance to 49 CFR Part 192 1of the Federal Safety Standards. Project Design and Installation Parameters: Project — Bison Unit #1 Product — Natural Gas Pipe Diameter — 8.625" Pipe Wall Thickness — 0.322" Material Specification Steel, X -52 Minimum Yield Strength - 52,000 psi Maximum Operating Pressure —1,440 psi This pipeline is considered high pressure and will consist of anon -cased pipe with county road crossings depths at or greater than 10' (120 ") below ditch flow line. SinccrcI , Tyson B. Glasscock Contract Rep. For Halcon Field Services LLC 903 - 2584978 Tyglasscbck@gmail.com F oI. Pg. 2._J` BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (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. S. 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 runniiigAhrough the right of way. 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. SafelyiRequirenrents 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 i 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. iNo 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. i Exceptions may be approved by the County Engineer.:; C. Traffic 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 overnight, requires specific nighttime (raffle control measures pursuant to the TMUTCD; b. if construction is within tem(10) feet of the roadway; or c. any work performed in the road right -of -way; Vol. _Zz pg._�.5� i 2 Plan must be attached to the permit and kept at the job site any time work is being performed. 3t Plan must set forth the time of completion for the job. i D. Design Standards L 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 Code, Section 181.045. 2.1 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 installatioiis;sliall (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. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured fi•om'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'. 4.1 Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5.I,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 i' 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 h•ench .to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a, be bored or jacke&ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if 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. Vol. —%r_ P9• —�cz� i 9. Bore Pits a. no pits shall 'remairi -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 (10) 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- prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions; the County Engineer or his representative may require pits be placed further from the edge of road. I0. 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 Corn ty 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 wench 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. f. 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 shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction 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 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 shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. i F. Repairs to ecrsling facilities 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 its designated representative and a permit has been obtained. G. Relocation of utilities 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 or all 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 Company, and at the expense of the Utility Company. 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 ditch 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" mininwm. 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. _ -.�1�_ P9•�� ;H Se pt 0 £9N 8$$$a$ b5R8 °RASSt $srF a�3 «i v; MG9 �4Lx Sjex i !- A' \� 9 �yE♦ �8� y §Egx gg -- 9 FSg� 1i°9 g[a Fpigd J Q i tlai ?@yE`g �y9 y EC ,rs Q d ¢ V �saa l.5-� -e d g 6 ate. €g 921 C. SICE_B_ g €q sga -tk! =ESa aFg P g ; ef bl�y��g ygst ° gESx�e - °sE,R3t — • -- --- ;yam ^' -- -wl; .i0.— \u_. —IPIY -- - — • — - — - — - — - — • 0 J 7 O w 2 9 N O U Z ¢ � O — N c C W W O chi U � 2 C>C > O u Y K O S wwv ..c �`p °i°. IW Mli1R OYi ongi Jw..YVS a - - - - - - - - -`�- Jwvwc J.sllws 3y €- �_ P6gE� LOn.E "S wl 1 %11°i.�. ».J w , pppp\�d. ::N:w w.�aJ£�n° ae•\ a rwl�a.la pg W O w J � O S � N O U U C � d C N U X K O 3 W 0 J o� S Q O Q N W C � W � U N u Y .>: -rtt. ._ J sstn � sF' +i 31 ^' � �' 2 -'t � �v v ver t:�rr -a:tl• _ ,... }-. J;.: .: �. u'.Y 1952 " �HALCON RESOURCES,CORPORATIONb sysy QW °ACwCOUNT „ „crrt���: it rF .:S Zm / . / +3 = rtj"di4 1000,E TJI'JAN STs STE 8700 �.je'�y'7,'.ls7,S. ?,,y sr UA u,hato .• .;t�• • k � '. "F :.. • .Y ti'i '.t':-� a . 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"Zy-6 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: May 28, 2013 SUBJECT: Utility Permit — Crimson Energy Partners, LLC Consider and take action on the Crimson Energy Partners utility permit to construct 8" road bore under Pine Tree Road. Project will connect several oil wells in the area. Site is located in Precinct 2. Right of Way Agent APPROVED BY: Precinct 2 This request is E'APPROVED / DENIED ❑ y Commissioners' Court Duane Peters, County Judge DATE: - OQ$— 13 Vol. APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now CrIMSoWEW -9&1'Y fi rlat -ri >a,ccC (company nainel, hereinafter referred to as "Company" a DELAWARE (stale) Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate equipment 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 Bo d Jacked Driven Cased Axle EEKoA o "Y ,n: , t, t: CONSTRUCTION TYPE r/ Dimnerer Wall "thickness +/09 Hi gh Pressure Underground ❑ Low Pressure Underground Pipeline (60 psi or greater Pipeline (60 psi operating Material specification !a� r<f operating pressure) pressure) Minimum Yield Strength '3.;)00 SI Maximum Operation Pmssure aoo PSl 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/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 1 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 prime facie evidence that the proposed installation will riot conflict will] 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 of and indemnify, defend and save harmless Brazos Comity from and against any and all loss, damages, cost or expense arising in any manner 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. Vol. /% 9 Pg.�A5t —. 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 OF WAY and incorporated herein for reference. In the event Company fails to obtain to permit prior to the installation or does not install utilities in compliance with Installation requirements set forth herein (i.e. depth, location, etc), Company assumes tdl financial responsibility far damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that jr Brazos County demonstrates a violation of the !eras of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos Cohnny is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permll is a revocable perndt. Brazos County reserves the right to revoke this permit at any rime, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages npoa derma d,, or for any other reason deenteil suffdent by Brazos County. In the evert Conhpany fails to cronnply with tiny or all of the requirements as set forth herein, the County may take such action as_it decals appropriate to compel cointplimnce. The County Engineer further retains the right to revoke this Permit by verbal notification to the Appliennt/Conhpany. Failure to obtain this perinit and/or notlfy the County Engineer's Office wittln 24 hours of beginning constncctiouh 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 conditions/provisions included in this permit. Cr1p1.fOAJ EALEw4y PART JY1l CGC Company Name n 6,016AP By: Si re 4fu mph Title 306 W Vr' S TREE i , St✓t Tc d' .25 Address irox (-iz 7- -7d10;2 City state Zip (RI�) d2o "ybvc> Phone Number KGAV I UAuLtV (,e IM SO1J6 JCRGy- Email: Vol. __ Z.,2 ,F Pg. 9 PIPELINE 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 ©S- a3 " C201 Z> except as noted below: (Month/DayNear) EXCEPTIONS: AlomF Vol._ Pg. PINE TREE ROAD�70' R.O.W. (18' WIDE GMVEJa JOANNIE COLE p C410 ACRES PRr. 10 VOL 111 -1—I ST TR. g a v .a,.m' JOANWE COIF OL 313, P0. 20 f, I CAUiO B5 ACRES 8 � � y/ PROPOSED BORE PRf. III -2ND TR. aw owP - — eon[. r /I Nµ'85'S2'E^ 129.04' VOL 313, PG. 20 Y oamnle aos1� ` ,wa aonxtx srA aa1s4 OJt1 �t7AX ST u,wsCSlsss'x i IDNG_9SIS'S1YSS�I PLAN PROFILE �.—.._ HOR12. SCALE 1 "s80' VERT. SCALE 1' -$' 12 1. BEARINGS EASED ON GRID NORTH (NA083). TEXAS STATE PLANE — CENTRAL ZONEE, OBTAINED FROM GPS OBSERVATIONS. DISTANCES AND ACREAGE ARE ADJUSTED TO SURFACE USING ADJUSTMENT SCALE FACTOR OF L000128409. COORDINATES ARE GRID, U.S. SURVEY FEET. 3. THE PROPOSED BORE DOES NOT LIE WITHIN THE 100 YEAR FLOOOPLAN ACCORDING TO THE F.EMA FLOOD INSURANCE RATE MAP FOR BRAZOS COUNTY. TEXAS AND INCORPORATED AREAS. COMMUNITY NO. 481195, PANEL NO. OOSOE. MAP NO. 48041COD50L EFFECTIVE OATS MAY 18, 2012. 3. PIPE 4" FDR -11 WITH 8' STEEL CASING, AT 200 PSI. A Wa MIINi PROPOSED PIPELINE CROSSING PINE TREE (COUNTY) ROAD CRIMSON ENERGY W. J. LEWIS SURVEY, A -153 BRAZOS COUNTY, TEXAS SCALE: 1"=60' MAY, 2013 PWPAAm BY: =pMO DIOOIEO1m0 f SVRI[TmO= 4101 4 PA em 4551 4 BMAKTam # Rl ➢l0/9M- , vE /,��� 41 Q u�§� /j / G 2 - / <j� _ ) E£\/ Ld ) <&> @5u;z | . ) ) V) } F -Qf U ° B ) /�\ 0 m . §2k7 ! e!` § # §( � )LQ ~ . % \(\ § \ ® z , § . \ ) f/ � \ , vE imson rs, L.P. May 23, 2013 Brazos County Engineers Office Attn: Joe Salvato 2617 SH 21, West Bryan, Texas 77803 This letter is written to comply with section H — item 3 of the "Brazos County Roadway Safety and Road preservation Standards" for work conducted in Brazos County right -of -ways: The design and installation of this pipeline and roadway crossings will. be constructed in accordance to 49 CFR Part 192 of the Federal Safety Standards. Project Design and Installation Parameters: Project — Cole to McGuire pipeline Product — Natural Gas Pipe Diameter — 41' Pipe Wall Thickness - .409" Material Specification - Steel, FDR 11 Minimum Yield Strength — 3,200. psi Maximum Operating Pressure — 200 psi Casing Diameter — 8" Casing, Wall Thickness. —.322" Material Specification — Steel Minimum Yield Strength — 42,000 psi This pipeline is considered high pressure and will consist of a 4" pipe within an 8" casing with county road crossings depths at orgreater than 10' (120' below ditch flow line. / / Since-rely Ke ' n Landman 306 West 7th Street Suite 825. Fort Worth, Texas 76102. ph: 817.820.0600 Fax 817.820.0601 N I Vol. -- pg. 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. Perinittee will use best management practices ( "BMP ") (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 of other utilities running through the right of way. 6. County Engineer shall determine whether or not pennittee'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 Regzikemerds 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. Permiuee 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. C. Traffic 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 overnight, requires s chic nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within tern (10) feet of the roadway; or c. any work performed in tine road right -of -way; 2. Plan must be attached to the permit and kept at tine job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 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 Code, 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. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a mininum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured fiom top of bank to top of bank; c, be at least forty -eight (48) incites 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 minimum 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 P 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 over night 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 if 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. Vol. f / Pg._. � 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 (10) 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 prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. 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 mind 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, f. 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 shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction 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 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 shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. Vol. �o- F. Repairs to eristingfacililies 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 its designated representative and a permit has been obtained. G. Relocation ofWiliNes 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 or all 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 Company, and at the expense ofthe Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non- 66nhrolled 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 Piueline (below deepest ditch 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_L�.� e a fl y€ sit -f FaU- e iBit 6 a� ii�y f58DI�A�ai1 o g A Jill Ifi ;a lab a€ z �� of i u--.—.—.—.—_-----"—'-- I win 11 — .. \i�i3 .,..E was r.• iMHz • /WI.�R 1 /NInwS .KIfF16 a- - - - - - - - - s°vwc mwwc 6654 .2: `�I. - {I ° i" , i e+,wl war 1' F;& .. n� °µ 4 2 w a J =o h o U 2 � o N L W O F U C v w0 > u Y 0 3 W O w J O 2 � � �ZZ � O N — a u c u a i v1 0 V Y o! ac 3 w 0 J OvW = o W° V u c w C U � a i d N u Y a 3 $$$ $C� AAA w gy «���a$ysya'say�y�� �� s RSIS R S e a fl y€ sit -f FaU- e iBit 6 a� ii�y f58DI�A�ai1 o g A Jill Ifi ;a lab a€ z �� of i u--.—.—.—.—_-----"—'-- I win 11 — .. \i�i3 .,..E was r.• iMHz • /WI.�R 1 /NInwS .KIfF16 a- - - - - - - - - s°vwc mwwc 6654 .2: `�I. - {I ° i" , i e+,wl war 1' F;& .. n� °µ 4 2 w a J =o h o U 2 � o N L W O F U C v w0 > u Y 0 3 W O w J O 2 � � �ZZ � O N — a u c u a i v1 0 V Y o! ac 3 w 0 J OvW = o W° V u c w C U � a i d N u Y a 3 Vol. 17 pg.2 S 't BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 12/13 34.1- 34.6 On this the 28th day of May 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 I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 28th day of May 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 28th day of May 2013. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: �J 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. /T9 P9. 27,6 110 11 1100 Hl I Tax add an additional license BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 • 34.1 summin . Software for the ' epartin i AIL'* ;m:, Date e,;:'- pg. cl't —'tt 3' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 • 34.1 summin . Software for the ' epartin i AIL'* ;m:, Date e,;:'- pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 34.2 S12RIM 3 _12` Vol. . /0 9 P9._ Iz u BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 34.3 512 812 01 3 FUND DIV ACCT PROJ R/CRI ACCOUNT NAME Increase Decrease 0100 13000100 67080000 CR Tax Rolls 2,000.0-0 0100 13000100 80211000 DR Computer- Software 2,000. Tax As Reallocation of funds to purchase the software license used to calculate and publish effective and rollback tax rates and generate required notices for publication in the news r and on the website. Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 34.4 612812013 bate "':'' pepartir'i8nt APP Vol. ••t V-`:.: I'M bate "':'' pepartir'i8nt APP Vol. ••t V-`:.: BRAZOS'COUNTY,TEXAS BUDGET AMENDMENTS' . : . No. 12113 - 34.5 512 812 01 3 y ",•'.. _ ^ .:.J }':4. Lv_,.. .. :.:iii L::,. }i�. ::SC:' .:n�. :i"• =.� f 'nt:A v , ►OVaI''. tl..° i.H ._•iy� _ ••a: `Kt' :: �i <•c'. :? . ::;i 4l!Y :,a. ?`a`:' ?�: ;;.i`,trv.: ; �S'•Y:. .�� aiti►ie P.P.., ... .. ,... .Date •�"� •a � •r� +• 51221��3 _ Co.UntNJud9e`AppipVk' :;t :,.is _ . ' Datei::.'ay•. Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 34.6 5/29/2013 nm n Vol. �z.y� Pg• -:��_ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: May 28, 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 County Judge Younts, Frieda Reinstated S.O. Jail Bailey III, James Calvin New Hire Davis, William Resignation Drake, Daniel Transfer w /in Dept. Garon, Stephen Transfer w /in Dept. Little, Matthew Transfer w /in Dept. Meckel, Trent Resignation Ramos, Edgar New Hire Stone, Elizabeth Resignation Tadross, John Resignation Thomas, Luke Resignation Zavala, Danile Resignation Approved in Commissioners' Court: Ma 28 2 13: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 2_ Pg. 1_%% Office of the Brazos County Auditor Brazos County Courthouse 300 East 26"' Street, Suite 314 Bryan, Texas 77803 (979) 361 -4350 Fax (979) 361347 May 15, 2013 Duane Peters Date Board of Emergency Services Commissioners District 4 County Judge Brazos County, Texas In conjunction with an order issued by the Commissioners Court of Brazos County, this office has performed procedures relative to the financial records and internal controls of the Brazos County Emergency Services District No. 4 (ESD) for the period October 1, 2011 to September 30, 2012. Our procedures include the following: • Review of bank statements and transactions for the fiscal year. Comments: We were able to verify the loan payments with the lenders, which is the majority of the expenditures of the ESD. There were several payments made that we have been unable to verify, such as the payments made to the Volunteer Fire Department for both the quarterly contract amounts and periodic reimbursements. It is recommended that the treasurer of the ESD begin retaining copies of the invoices for comparison with amounts paid on the bank statements. The digital copies of the checks are available online with the bank but third parry confirmation of the amount and the goods or services provided is a better procedure. This issue was discussed with Keith Cooke the current treasurer and he indicated he will begin keeping the invoices in a central location. Additionally, we were provided with a copy of the contract between the ESD and the Volunteer Fire Department dated December 3, 1990. It is recommended that this contract be updated and include provisions for the quarterly payments being utilized currently. It is suggested that the contract include language that allows the ESD to annually determine the funding for the VFD with the budget preparation and adoption procedures. • Review of Section 775 of the Health and Safety Code and the ESD's compliance. Comments: There are several statutes that the ESD is not currently complying with. Section 775.036 — the board is to hold monthly meetings and to keep minutes. We were unable to ascertain if the ESD held monthly meetings and the copies of the minutes were not provided It is recommended that the secretary of Vol. the ESD maintain copies of all posted agendas as well as the minutes of each meeting. Section 775.0365 — members of the ESD board are required to have 6 hours of continuing education on board duties and responsibilities every two years. We were unable to review any records regarding continuing education. It is recommended that any agendas of continuing education or certificates of completion be retained by the Board for verification of compliance with this statute. 775.037 — the ESD treasurer is to have a bond filed with the County Clerk The County Judge is responsible for setting the amount of bond required however an amount has not been set and therefore the ESD treasurer does not have a bond. It is recommended that the County Judge set an amount and the ESD treasurer obtain a bond and f le it with the County Clerk 775.073 — requires that checks issued by the ESD be signed by both the treasurer and the president of the Board. The ESD account only required one signature from October, 2011 to September, 1012. It is recommended that two signatures be required on all expenditures. If the ESD determines that payments by electronic means such as bank drafts or ACH are more efficient than paper checks, it is suggested that the minutes that contain the authorization of the expenditure, including amount and payee, be retained as supporting documentation for the payment. Furthermore, it is recommended that the treasurer print the bank statements from the depository website and present them to the Board at the monthly meeting. 775.074 — requires that a budget be set and approved before the setting of the tax rate. We were not able to review the minutes of the Board so we were unable to determine if a budget was properly set. It is recommended the Board prepare a simple budget and include it in the minutes of the meeting adopting a budget and setting a tax rate. • Discussed internal control procedures with the treasurer of the ESD. • Gathered copies of the outstanding loan agreements for the fire stations and a 2011 fire truck. Comment: It is recommended that the ESD maintain copies of the loan agreements. It is also recommended that the ESD review the records retention requirements from the Texas State Library and Archives Commission. • Verified the loan payment amounts with the information received from the lender. We would like to thank the members of the ESD Board for their patience with our questions and emails. If you have any questions or concerns, please do not hesitate to contact me at (979) 361 -4359. Thank you. Brazos County Auditor