HomeMy WebLinkAbout2014-02-24-10:00AM-REGULAR MEETINGBRA7OSCOUNTY
BRYAN,TEXAS
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NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON FEBRUARY 25, 2014 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and
Commissioner Catalena.
2. Call for Citizen input and/or concerns.
Consider and take action on agenda items 3 - 26:
3, Proclamation 14 -014 declaring March as American Red Cross Month.
4, Appointment of the following to the CETRZ Advisory Board:
5.
A
• a. Mark Carrabba - Oi( & Gas Representative
• b. Donnie Broach - Oil & Gas Representative
• c. Jimmie Hodges - Oil & Gas Representative
• d. Joe Schultz - Public Representative
• e. Lisa Jones - Public Representative
Vol. 198 Pg. _
7. Conditional Acceptance of a donated loo cabin to Boonville Park pending restoration. delivery. and
installation.
g. Approval to issue a county diners club credit card to Sheriffs Office employee Matthew Bell with a
limit of $1.000.00 for travel purposes.
9 G�rst.4mended- Lease- Agreement- for- prsper4van- the - 29th - Street- tVledical -Maza located -at- 3030 €ast -29th
Street in Bryan TX.
10. Approval of contract with Cintas for the District Clerk's office to receive a monthly document
destruction service.
1 1 . Award of bid contract 2014 -18 Flexibie Base,
12. Ratification of PO #14001945 in the amount of $130.40 to purchase key rings for new fuel system and
replace previous PO #14001890.
13.
- --- - --- -�,..- stew- �.. -0.o��n.r� --- — ------ - -- - -- — — — --
14.
15.
16,
17.
18.
0
20.
21.
22.
23. Tax Refund Applications for the following:
o a Margaret A. Apperson- overpayment 410.00
24. Budget Amendments.
Budget Amendments FY 13114 20.1 thru 20.6
Vol. 198 pg. 7
25. Personnel Change of Status.
Personnel Action Forms
26. Payment of Claims.
I LIP6 wl ME
28.
completed in early 2015.
29. Acknowledgement of the 2013 Racial Profiling Report for Brazos County Constable Pct Z.
30. Acknowledgement of the 2013 Racial Profiling Report for Brazos County Constable Pct 3
__- _31.__Sheriffs -report- on_inmate_popuiation__
32. Announcement of interest items and possible future agenda topics.
33. Call for Citizen input and/or concerns.
34. Adjourn.
Vol. 198 pg.
PUBLIC COMMENTS
minter person. Persons are invited -to -submit comments-in writing -on the- agenda-hemsandlar attend and - make-mmment- -
at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a
Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas
Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 81.024 of the Texas Local Govemment 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 Courts 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 (ar members) of the public to insult the honesty and/or
integrity of the Court, as a body, or any member or members of the Court, or County employees, Individually or collectively.
Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Courts presence
1. cancellation of a speaker's time;
2. removal from the Commissioners Court
3. a Contempt Citation; and /or
4. such other andfor criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only B a matter has been listed on an agenda property posted
prior to the meeting. During the public comment period, speakers may address matters not listed an 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 andlor Commissioners may choose not to respond to public comments, except to coned 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 7
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 pertidpate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces am available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 3B7.4102.
Vol. 198 Pg. ';I'
Of
BRAZOS COUNTY
BRYAN,TEXAS
MINUTES
February 25, 2014
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
fi; Signature Page.pdf
File Stamped Agenda.pdf
U Sign in sheet.pdf
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in
the Brazos County Commissioners Courtroom in the Administration Building, 200
South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on
Tuesday, February 25, 2014 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena.
Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 - 26:
3. Proclamation 14 -014 declaring March as American Red Cross Month.
US Item 3.pdf
Vol. 198 Pg.
The County Judge read aloud a Proclamation dedicating the month of March to all those
who support the American Red Cross mission to prevent and alleviate human suffering
in the face of emergencies and proclaimed March as American Red Cross Month. The
County Judge then presented the Proclamation to representatives of the American Red
Cross. They presented the members of the court with a Red Cross flag and pins.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley
Mallard, Peters, Wassermann .
4. Appointment of the following to the CETRZ Advisory Board:
a! Item 4.odf
LI-- -: Abstention Affidavit.tif
• a. Mark Carrabba - Oil & Gas Representative
• b. Donnie Broach - Oil & Gas Representative
• c. Jimmie Hodges - Oil & Gas Representative
• d. Joe Schultz - Public Representative
• e. Lisa Jones - Public Representative
Commissioner Wassermann abstained due to his being related to one of the appointees
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena , Cauley,
Mallard , Peters. Members voting Abstain: Wassermann .
5. Discussion and potential action regarding: (1) approval of road condition report from
County Engineer; and (2) all related matters pursuant to Chapter 252 of the Texas
Transportation Code and other authority.
e Item 5.odf
A copy of the road condition report is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard , Peters, Wassermann .
6. Discussion and potential action regarding the project being conducted by Brazos County
pursuant to SB 1747 (enacted 2013) to obtain grant funding from the Texas Department
of Transportation to alleviate degradation caused to public roads, bridges, and culverts
by the exploration, development, or production of oil or gas, including: (1) creation and
designation of Brazos County Energy Transportation Reinvestment Zone Nos. 1, 2, and
3 ( "Zones "); (2) creation and appointment of Advisory Boards for said Zones; (3)
creation of ad valorem tax increment accounts for said Zones; (4) designation of
effective dates and base years for said Zones; and (5) all related project matters.
E Item 6.odf
Commissioner Catalena moved to approve as submitted. Commissioner Wassermann
seconded the motion. Charles Kimbrough, legal counsel explained the project to those
in the courtroom. He reviewed the order and schedule. He informed the Court that the
current grant fund allocation for Brazos County is $573,625 but this figure could
increase.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley, Mallard, Peters , Wassermann .
Vol. 198 pg.
After some discussion Commissioners Mallard made a motion to amend to include the
names of the board members. Commissioner Wassermann seconded the motion.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Peters, Wassermann .
Conditional Acceptance of a donated log cabin to Boonville Park pending restoration,
delivery, and installation.
Ef Item 7.odf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Peters. Wassermann .
8. Approval to issue a county diners club credit card to Sheriffs Office employee Matthew
Bell with a limit of $1,000.00 for travel purposes.
U Item 8.pdf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters, Wassermann .
9. First Amended Lease Agreement for property in the 29th Street Medical Plaza located at
3030 East 29th Street in Bryan, TX.
iE Item 9.odf
The Court approved as submitted the First Amendment of the Lease Agreement
between GGE, Ltd (landlord) and Brazos County (tenant) for the premises located at
3030 East 29th Street, Suite 113, Bryan, Texas 77802. The amendment deletes the
provision that denies the tenant the right to terminate the lease prior to December 31,
2014. A copy is attached.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters,
Wassermann.
10. Approval of contract with Cintas for the District Clerk's office to receive a monthly
document destruction service.
E Item 10.odf
The Court approved as submitted the Shredding Service Agreement with Cintas for
shredding of documents for the District Clerk's office. A copy 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 .
11. Award of bid contract 2014 -18 Flexible Base.
Item 11.odf
The Court accepted the recommendation of the Purchasing Agent and awarded Bid
2014 -18 Flexible Base as follows:
Primary: State Wide Materials - Sections 1,3,4,5,7,8
Knife River - Sections 2,6
Secondary: Knife River - Sections 1,3,4,5,7,8
Vol. 198 Pg. 90
State Wide - Sections 2,6
12. Ratification of PO #14001945 in the amount of $130.40 to purchase key rings for new
fuel system and replace previous PO #14001890.
E Item 12.0 f
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters ,
Wassermann.
13. Request permission to enter private property owned by Alan and Julie Davis located on
I &GN Road. Project will fill -in the steep slope along roadway and continues onto
private property to tie into natural ground. This work is being performed for the health,
safety and welfare of the general public. Site is located in Precinct 1.
C- Item 13.0 f
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters, Wassermann.
14. Request permission to enter private property owned by Don Jones, general partner of
Sunset Ridge, LLP located on I &GN Road. Project will grade back -slope of ditch
onto private property to achieve desired slope for proper drainage. Brush will also be
removed within work area. This work is being performed for the health, safety and
welfare of the general public. Site is located in Precinct 1.
Item 14.pdf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard , Peters , Wassermann .
15. Request permission to enter private property owned by Duane and Shirley Kraemer
located on I &GN Road. Project will grade back -slope of ditch onto private property
to achieve desired slope for proper drainage. Brush will also be removed within work
area. This work is being performed for the health, safety and welfare of the general
public. Site is located in Precinct 1.
E Item 15.0 f
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley, Mallard , Peters, Wassermann .
16. Consider and take action on the 0.02 acre BTU easement across County owned
property located on Kathy Fleming Road. BTU will be upgrading their transmission line
and need an additional 20' along existing easement. Site is located in Precinct 1.
fill Item 16.odf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters, Wassermann .
17. Consider and take action on the 0.08 acre BTU easement across County owned
property located on Kathy Fleming Road. BTU will be upgrading their transmission line
and need an additional 20' along existing easement. Site is located in Precinct 1.
LU Item 17.odf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena,
Vol. 198 Pg.
Cauley, Mallard , Peters , Wassermann .
18. Consider and take action on the 0.12 acre BTU easement across County owned
property located on Kathy Fleming Road. BTU will be upgrading their transmission line
and need an additional 20' along existing easement. Site is located in Precinct 1.
6 Item 18.0
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley,
Mallard . Peters. Wassermann .
19. Consider and take action on the 0.13 acre BTU easement across County owned
property located on Kathy Fleming Road. BTU will be upgrading their transmission line
and need an additional 20' along existing easement. Site is located in Precinct 1.
U Item 19.Ddf
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley, Mallard , Peters, Wassermann .
20. Consider and take action on the 0.45 acre BTU easement across County owned
property located on Kathy Fleming Road. BTU will be upgrading their transmission line
and need an additional 20' along existing easement. Site is located in Precinct 1.
Ef Item 20.odf
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
21. Consider and take action on the Verizon utility permit to install cable within and along
the south right -of -way of Roans Chapel Road for approximately 240'. This project will
provide telephone service to new customer at address #4300. Site is located in Precinct
2.
V Item 21.odf
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley , Mallard, Peters, Wassermann .
22. Consider and take action on acceptance of a cash donation ($14,080.00) from Laredo
Energy V, LP to be utilized by Road and Bridge on Edge School House Road (in FY
2014) to reinforce and /or repair roadway section affected by oil and gas activity. Site is
located in Precinct 2.
E Item 22.odf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley
Mallard, Peters, Wassermann .
23. Tax Refund Applications for the following:
a. Margaret A. Apperson- overpayment - $10.00
LI--'. Item 23.0
e Margaret A. Apperson c/o Bryan Apperson, overpayment $10.00
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Vol. 198 Pg.
Peters. Wassermann .
24. Budget Amendments.
Budget Amendments FY 13/14 20.1 thru 20.6
E Item 24.pdf
20.1 Reallocate funds for IT Services
20.2 Reallocate funds for Brazos Center
20.3 Reallocate funds for County Clerk
20.4 Transfer funds from Non - Departmental to Justice of the Peace, Precinct 3
20.5 Reallocate funds for Capital Improvement Projects.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard, Peters, Wassermann.
25. Personnel Change of Status.
Personnel Action Forms
V_ Item 25.pdf
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 .
26. Payment of Claims.
IL- Claims SheeLpdf
V BILL LIST 02.25.14.pdf
7118862 through 7119062
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann.
27. Acknowledgement of the TMPA Transmission project located in Precinct 2. TMPA will
be replacing the shield wire (top wire) on their existing transmission line. Project should
be completed in June 2014.
t>s Item 27.pdf
The Court acknowledged the TMPA Transmission project.
28. Acknowledgement of the BTU Transmission project located in Precinct 4. BTU will
construct several new substations sites within the County. These substations will then
be connected together with an upgraded transmission line to better provide electric
services to customers. Project should be completed in early 2015.
EL Item 28.pdf
The Court acknowledged the BTU transmission project located in Precinct 4.
29. Acknowledgement of the 2013 Racial Profiling Report for Brazos County Constable Pct.
2.
Item 29.pdf
The Court acknowledged the Brazos County Constable Precinct 2 Racial Profiling
Vol.-198 Pg. 93
Report 2013.
30. Acknowledgement of the 2013 Racial Profiling Report for Brazos County Constable Pct.
3.
IL. Item 30.)d
The Court acknowledged the Brazos County Constable Precinct 3 Racial Profiling
Report 2013.
31. Sheriffs report on inmate population.
Sheriff Chris Kirk stated there were 606 inmates in jail, 55 have electronic monitors and
10 are pending for monitors.
32. Announcement of interest items and possible future agenda topics.
There were no announcements.
33. Call for Citizen input and /or concerns.
There was no citizen's input.
34. Adjourn.
Vol. 198 pg. gd
The foregoing minutes of the Commissioners Court meeting held February 2 have
been examined and are approved in open Court this day of
2014, in Bryan, Brazos County, Texas.
County Judge
Lzeonaop /2 e �ts�w�
19ammy Catafena
Commissioner, Precinct 2
Commissioner, Precinct 4
Attest:
Karen McQueen
County Clerk
Lloyd Wassermann
Commissioner, Precinct 1
Kenny Mallard
Commissioner, P cinct 3
Vol. 198 Pg. L'
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Vol. 198 Pg. �.
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Vol.-198 Pg. ��
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Proclamation
American Red Cross Month
WHEREAS March is American Red Cross Month - a special time to recognize and thank our Everyday Heroes
— those who reach out to help their neighbors when they are in need; and
WHEREAS American Red Cross heroes are on the front lines every day. They volunteer their time, give blood,
take life- saving courses or provide financial donations to help those in need; and
WHEREAS We would like to remember our heroes here in Brazos County who give to help people in need.
They work tirelessly to help in time of disaster, when someone needs life - saving blood, or the
comfort of a helping hand. They provide round - the -clock support to members of the military,
veterans and their families, and teach lifesaving classes in CPR, aquatics safety and first aid; and
WHEREAS Across the country and around the world, the American Red Cross responded to hurricanes,
tornadoes, floods and wildfires, the tragedy at the Boston Marathon, and typhoon Haiyan in the
Philippines; and
WHEREAS When an injured service member ended up in a hospital far from home, the American Red Cross
offered comfort. When a hospital patient needed blood, American Red Cross blood donors helped
them. When a lifeguard jumped in to save a drowning child or someone stepped up to help a heart
attack victim, the American Red Cross was there; and
WHEREAS We dedicate the month of March to all those who support the American Red Cross mission to
prevent and alleviate human suffering in the face of emergencies. Our community depends on the
American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian
mission.
NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim
March 2014 as American Red Cross Month. I encourage all Americans to support this organization and its noble
humanitarian mission.
PROCLAIMED this day of 2014.
Duane
County
>v� uT�,�t.�
Commi s oner Lloyd Wassermann
Precinct 1
J_Y) �
Commissioner a ny Mallaz
Precin
Vol. 198 Pg. 616
Sammy Catalena
,mat 2
14 -014
AFFIDAVIT
TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171
STATE OF TEXAS
COUNTY OF BRAZOS §
BEFORE I , the undersigned authority, on r�. (�(� �` �' personally appeared
UT%ylil �Q 55CA I%aii� it who being duly swom, deposes and says:
1. That he /she has a substantial interest in a business entity or real property. Official action taken by the
Commissioners Court of Brazos County, Texas concerning Agenda Item No. —( of the Court
dated 92/ 2 Sfl4escribed as
would have a special economic effect on that
business entity or a special economic effect on the value of the real property, that is distinguishable from the effect
on the public.
2. That the substantial interest is (check the following as is appropriate):
() a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either
10 percent or more or $15,000 or more of the fair market value of the business entity; or
O b. Funds received by me from the business entity exceed 10 percent of my gross income for the
previous year; or
() c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or
O d. A person related in the first degree by either affinity or consanguinity to me has a substantial
interest as defined above; or
U!' e.
3. That I will abstain from participation in the matter referred to in Item 1 unless authorized by law.
Signature V.4d /kA'-�
SWORN TO AND SUBSCRIBED BEFORE ME this th�-5 day o 20LZ/
.....y.� , BEATRI2 D. GREEN Notary Public in and for
n:afary rook. state of Teas The State of Texas
my Commission Expires
JUNE 11, 2014
Filed: Z
FILED FOR RgCORD p
DATE ' z N i9 1 , County Clerk
Vol. 198 PR. S1
ROAD CONDITION REPORT FOR BRAZOS COUNTY, TEXAS
Pursuant to Chapter 252, Subchapter D, of the Texas Transportation Code and other
authority, Brazos County operates and maintains a county road department system. The
following Road Condition Report for Brazos County, Texas is submitted to the Commissioners
Court of Brazos County, Texas for review and approval:
(1) Singular nouns and pronouns shall include the plural, and the masculine
gender shall include the feminine gender, where necessary for a correct meaning
of this report.
(2) All statements made in the preliminary recitals of this report, and all
documents attached to this report as the Appendix, are true, correct, and
incorporated by reference.
(3) The terms or phrases appearing in this report, unless specially defined,
shall retain their ordinary meaning and customary usage. The following terms,
however, have special definitions for purposes of this report unless otherwise
designated:
(a) "County" shall mean Brazos County, Texas.
(b) "Degradation" shall mean damage reasonably identified
and ascertained by the Road Department or the County's staff,
employees, or representatives to have been caused to a public road,
bridge, or culvert in the County. Degradation or damage identified
as having been caused by oil & gas exploration, oil field traffic,
overweight trucks, or other phrasing related to oil or gas industry
activities shall mean degradation primarily caused by traffic from
the exploration, production, or development of oil or gas.
(c) "Public road, bridge, or culvert" shall mean the traveled
portion of a public road in the County as well as the public bridges,
culverts, drainage ditches, and bar ditches that are adjacent or
connected to said road -- but shall not include state or federal
highways, or the public transportation infrastructure adjacent or
connected thereto.
(d) "Road Department" shall mean the Brazos County Road
Department, including the Brazos County Engineer and other
County employees working in that department.
(e) "Report" shall mean this report.
Vol.-198 Pg. 70
(4) This report is submitted for the following period:
2 -1 -2013 to 1 -31 -2014
(5) The current condition of each public road, culvert, and bridge, and the
primary cause of any public road, culvert or bridge degradation, is identified as
follows: as described in the attached Appendix.
(6) The amount of money necessary for the maintenance of the County's
public roads, bridges, and culverts during the next fiscal year is identified as
follows: a total of $ 3.900.000 and as further described in the
attached Appendix. This amount is limited to current maintenance only and does
not include cost of improvements necessary to place all of the public bridges,
culverts, roads and other improvements in good condition, including
infrastructure classified as degraded by oilfield traffic.
(7) The number of traffic control devices defaced or tom down from the
public roads, culverts, or bridges in the County is identified as follows:
470 , and as further described in the attached Appendix.
(8) The new public roads that should be opened in the County are identified as
follows: _1)Mesa Verde Drive from SH6 to Sundance Drive: 2)Frierson Rd. or
Wade Road Alignment between Royder Road and FM 2154: 3)Louis Mikulin
Road between SH6 and Mumford Road
SIGNED on the g — day of February, 29 14.) A? l
R. Alan Munger, PE
County Engineer
Brazos County, Texas
APPROVED AND ADOPTED:
THfCOr SSIONEXJRT OF BRAZOS COUNTY, TEXAS
B Y:
Duane Peters, County Judge
Brazo unty, Texas
Date: 2014
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l'I
ORDER NO. 14 -002
AN ORDER OF THE BRAZOS COUNTY COMMISSIONERS COURT,
PURSUANT TO ITS PROJECT TO OBTAIN GRANT FUNDING FROM
THE TEXAS DEPARTMENT OF TRANSPORTATION TO ALLEVIATE
DEGRADATION CAUSED TO PUBLIC ROADS, BRIDGES, AND
CULVERTS BY THE EXPLORATION, DEVELOPMENT, OR
PRODUCTION OF OIL OR GAS, AND REGARDING: (1) THE
DESIGNATION OF THE BRAZOS COUNTY ENERGY
TRANSPORTATION REINVESTMENT ZONE NOS. 1, 2, AND 3; (2) THE
CREATION OF AD VALOREM TAX INCREMENT ACCOUNTS FOR
SAID ZONES; (3) THE CREATION AND APPOINTMENT OF THE
ADVISORY BOARDS FOR SAID ZONES; (4) THE DESIGNATION OF
THE BASE YEAR AND EFFECTIVE DATE REGARDING SAID ZONES;
(5) ALL RELATED ZONE OR PROJECT MATTERS; AND (6)
ESTABLISHING AN EFFECTIVE DATE AND COMPLIANCE WITH
THE TEXAS OPEN MEETING ACT.
WHEREAS, Brazos County, Texas ( "County ") is a county of the State of Texas, having
been duly created and organized under the constitution and laws of Texas, and further, the
Brazos County Commissioners Court ( "Commissioners Court") is the governing body of said
County; and
WHEREAS, pursuant to Article V, Section 18 of the Texas Constitution, Senate Bill
1747 enacted in 2013 by the Texas Legislature, Chapters 222 and 256 of the Texas
Transportation Code, and other authority, the County may conduct a project to obtain grant
funding from the Texas Department of Transportation ( "TXDOT ") to alleviate degradation
caused to public roads, bridges, and culverts by the exploration, development, or production of
oil or gas, including the acquisition of grant funds for the planning, design, construction,
reconstruction, and maintenance/repair of the aforesaid transportation infrastructure; and
WHEREAS, the Commissioners Court has initiated and desires to complete such a
project pursuant to the aforesaid authority, in order to obtain grant funding from TXDOT for the
aforesaid purposes, and further, pursuant to that project, the Commissioners Court finds that the
(1) acquisition of grant funding from TXDOT regarding the project, and the successful
implementation of the project resulting in the planning, design, construction, reconstruction, and
maintenance /repair of the aforesaid transportation infrastructure through grant funding, will have
a significant, positive, and beneficial effect on the public road system in the County and for the
people of the County, including related public safety issues, and (2) public benefits associated
with the project, as herein described, shall be obtained or substantially achieved through the
County's successful completion of the project; and
WHEREAS, the project requires certain administrative and procedural matters to be
initiated and completed prior to or after the submission to TXDOT of the County's grant funding
application, including but not limited to the (1) creation, implementation, administration, and
I
Vol. 198 Pg. J�2
management of one or more County Energy Transportation Reinvestment Zones, (2) creation of
an advisory board for any such zone, (3) creation, implementation, administration, and
management of an ad valorem tax increment account for any such zone, (4) designation of the
base year for tax increment calculation and related fiscal procedures regarding any such zone, (5)
designation of the effective date for any such zone, and (6) public notice and hearing
requirements to properly predicate the creation of any such zone and the submission of the
County's grant funding application to TXDOT for the project; and
WHEREAS, the Commissioners Court finds and determines that all public notice,
hearing, administrative, and procedural matters required by law have been timely initiated and
completed regarding the project;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Brazos County
Commissioners Court, for and in behalf of said County and in the public interest, as follows:
Administrative Provisions
(1) Singular nouns and pronouns shall include the plural, and the masculine
gender shall include the feminine gender, where necessary for a correct
meaning of this order.
(2) All statements made in the caption, preamble, and preliminary recitals of
this order, and all documents attached to this order, are true, correct, and
incorporated by reference for all purposes.
(3) All terms or phrases appearing in this order, unless specially
defined, shall retain their ordinary meaning and customary usage.
The following terms, however, have special definitions for
purposes of this order:
(a) "Advisory Board" or "Board" shall mean the
separate Advisory Boards created by the
Commissioners Court for the Brazos County
CETRZ Nos. 1, 2, and 3 pursuant to the authority
described in this order.
(b) "Authority" shall mean all legal authority
described in this order, including: (1) Article V,
Section 18 of the Texas Constitution; (2) Senate Bill
1747 enacted in 2013 by the Texas Legislature; (3)
Chapters 222 and 256 of the Texas Transportation
Code; and (4) the active administrative regulations
of TXDOT applicable to the project.
(c) "Brazos County CETRZ No. 1" shall mean
the Brazos County Energy Transportation
2
Vol. 198 Pg. 113
Reinvestment Zone No. 1 designated and created by
this order pursuant to the aforesaid authority;
(d) "Brazos County CETRZ No. 2" shall mean
the Brazos County Energy Transportation
Reinvestment Zone No. 2 designated and created by
this order pursuant to the aforesaid authority;
(e) "Brazos County CETRZ No. 3" shall mean
the Brazos County Energy Transportation
Reinvestment Zone No. 3 designated and created by
this order pursuant to the aforesaid authority;
(f) " CETRZ" shall mean a County Energy
Transportation Reinvestment Zone as described in
this order pursuant to the aforesaid authority.
(g) "Chapter 222" shall mean Chapter 222 of
the Texas Transportation Code, including but not
limited to Sections 222.1071 and 222.1072 thereof;
(h) "Chapter 256" shall mean Chapter 256 of
the Texas Transportation Code, including but not
limited to Sections 256.101 through 256.105
thereof;
(i) "Commissioners Court" shall mean the
Commissioners Court of Brazos County, Texas;
0) "County" shall mean Brazos County, Texas;
(k) "Degradation" shall mean damage
reasonably identified and ascertained by the
County's staff, employees, or representatives to
have been caused to a public road, bridge, or culvert
in the County. Degradation or damage identified as
caused by oil and gas exploration, oil field traffic,
overweight trucks, or other phrasing related to oil or
gas industry activities shall mean degradation
primarily caused by traffic from the exploration,
production, or development of oil or gas.
(1) "Project" shall mean the project being
conducted by the County under the aforesaid
authority to obtain grant funding from TXDOT as
described in this order.
3
Vol. 198 Pg. / /C/
(m) "Public road" shall mean the traveled
portion of a public road as well as the public
bridges, culverts, drainage ditches, and bar ditches
that are adjacent or connected to said road.
(n) "SB 1747" shall mean Senate Bill 1747,
enacted in 2013 by the Texas Legislature;
(o) "Tax Increment Account" shall mean the
separate ad valorem tax increment accounts created
by the Commissioners Court, as described in this
order, for the Brazos County CETRZ Nos. 1, 2, and
3;
(p) "Texas Open Meetings Act" shall mean
Chapter 551 of the Texas Government Code; and
(q) "TXDOT" shall mean the Texas Department
of Transportation, including its governing body, the
Texas Transportation Commission.
(4) This order shall take effect immediately from and after its passage.
(5) All prior acts of the County, including the acts of its elected officials,
appointed officials, officers, employees, agents, attorneys, and
representatives, are hereby ratified, confirmed, and approved regarding all
matters related to the project, including but not limited to the matters
described in this order.
(6) This order was considered, ordered, approved, and enacted at a public
meeting of the Commissioners Court held in compliance with the Texas
Open Meetings Act.
Public Notice
(7) Pursuant to the authority described in this order, the public notice
requirements of the project were accomplished in a timely manner to
properly predicate the designation of the Brazos County CETRZ Nos. 1, 2,
and 3, and all related matters.
(8) A Notice of Public Hearing was published in a timely manner on
December 12, 2013 in a newspaper of general circulation in the County
pursuant to Section 222.1071 of the Texas Transportation Code. It gave
notice of the public hearing to be conducted by the Commissioners Court
on December 20, 2013 at 10:00 a.m. in the Commissioners Courtroom of
the County Administration Building, located at 200 South Texas Avenue,
4
Vol. 198 pg. /�5
Suite 106, Bryan, Texas 77803, regarding the creation, requirements, and
administration of one or more County Energy Transportation
Reinvestment Zones to be located in the County pursuant to the project.
Public notice for the hearing also was accomplished properly pursuant to
the Texas Open Meetings Act.
(9) The public hearing for the project was conducted by the Commissioners
Court on December 20, 2013 and public comment was obtained in
accordance with the aforesaid Notice of Public Hearing, Section 222.1071
of the Texas Transportation Code, and the Texas Open Meetings Act.
(10) Pursuant to Section 222.1071 of the Texas Transportation Code and the
Texas Open Meetings Act, this order was enacted in a timely manner at a
public meeting of the Commissioners Court conducted on the enactment
date appearing in this order.
_Designation of Brazos County Energy Transportation
Reinvestment Zone Nos. 1, 2. and 3
(11) Pursuant to the authority described in this order, the Commissioners Court
finds that: (a) Brazos County, Texas, including the Brazos County
CETRZ Nos. 1, 2, and 3, as hereafter described, have been adversely
affected because of oil and gas exploration, production, and development
activities, including the increased heavy truck and equipment traffic on
public roads in the County due to the aforesaid activities; (b) the County,
including said CETRZs, would benefit from state funding under Chapters
222 and 256; and (c) the creation of the Brazos County CETRZ Nos. 1, 2,
and 3, and the creation of their separate tax increment accounts, as
hereafter described, will assist the County in addressing its fiscal needs,
permit enhanced stability in the county budgeting process, and provide a
significant, positive, and beneficial effect on the public road system in the
County, including related public safety issues.
(12) The Commissioners Court hereby designates and creates the Brazos
County Energy Transportation Reinvestment Zone No. 1, pursuant to
the authority described in this order, to promote the transportation
infrastructure projects located therein and as allowed by law, with the
boundaries of said CETRZ being more particularly described in the
attached Exhibit A as all that certain contiguous land area located in
Brazos County, Texas, containing 710.12 acres, more or less, comprised
of:
(a) the parcels of land identified in Exhibit A as Tract
Nos. R14340, 811461, and R83703 pursuant to the records
of the Brazos County Appraisal District and the Official
Public Records of Brazos County, Texas; and
5
Vol. 198 Pg. //�
(b) the public roads identified in Exhibit A as being
included in said CETRZ by depicting the centerline of each
road area plus 75 feet on each side of the centerline.
(13) The Commissioners Court hereby designates and creates the Brazos
County Energy Transportation Reinvestment Zone No. 2, pursuant to
the authority described in this order, to promote the transportation
infrastructure projects located therein and as allowed by law, with the
boundaries of said CETRZ being more particularly described in the
attached Exhibit A as all that certain contiguous land area located in
Brazos County, Texas, containing 352.40 acres, more or less, comprised
of
(a) the parcels of land identified in Exhibit A as Tract
Nos. R10750 and R10803 pursuant to the records of the
Brazos County Appraisal District and the Official Public
Records of Brazos County, Texas; and
(b) the public roads identified in Exhibit A as being
included in said CETRZ by depicting the centerline of each
road area plus 75 feet on each side of the centerline.
(14) The Commissioners Court hereby designates and creates the Brazos
County Energy Transportation Reinvestment Zone No. 3, pursuant to
the authority described in this order, to promote the transportation
infrastructure projects located therein and as allowed by law, with the
boundaries of said CETRZ being more particularly described in the
attached Exhibit A as all that certain contiguous land area located in
Brazos County, Texas, containing 312.43 acres, more or less, comprised
of
(a) the parcels of land identified in Exhibit A as Tract
Nos. R87819 and R10041 pursuant to the records of the
Brazos County Appraisal District and the Official Public
Records of Brazos County, Texas; and
(b) the public roads identified in Exhibit A as being
included in said CETRZ by depicting the centerline of each
road area plus 75 feet on each side of the centerline.
(15) Regarding the Brazos County CETRZ Nos. 1, 2, and 3, as described in
Exhibit A, the Commissioners Court finds that: (a) the land area of said
CETRZs has been adversely affected because of oil and gas exploration,
production, and development activities, including the increased heavy
truck and equipment traffic on public roads in the County due to the
aforesaid activities; and (b) the public roads in said CETRZs have been
3
Vol. 198 Pg. //
degraded primarily because of the heavy volume of oil field traffic using
those roads.
(16) The Brazos County CETRZ Nos. 1, 2, and 3 shall be operated and
administered in compliance with the authority described in this order.
Tax Increment Account
(17) Pursuant to the aforesaid authority, the Commissioners Court directs the
Brazos County Treasurer to establish the following, separate interest
bearing tax increment accounts: (a) the Brazos County Energy
Transportation Reinvestment Zone No. 1 Ad Valorem Tax Increment
Account; (b) the Brazos County Energy Transportation Reinvestment
Zone No. 2 Ad Valorem Tax Increment Account; and (c) the Brazos
County Energy Transportation Reinvestment Zone No. 3 Ad Valorem Tax
Increment Account.
(18) The aforesaid tax increment accounts, including all deposits and
expenditures regarding said account, shall be collected, used, maintained,
and monitored by the County in compliance with the aforesaid authority.
(19) The captured appraised value of real property located in the Brazos
County CETRZ Nos. 1, 2, and 3, pursuant to the aforesaid authority, shall
be dedicated or pledged by the County to transportation infrastructure
projects as authorized by law.
Effective Date and Base Year
(20) The Brazos County CETRZ No. 1 shall take effect immediately on the
enactment of this order. For purposes of determining the tax increment for
the Brazos County CETRZ No. 1, the base year of said CETRZ shall be
calendar year 2014 /the county fiscal year 2013 -2014, being the year of the
enactment of this order.
(21) The Brazos County CETRZ No. 2 shall take effect immediately on the
enactment of this order. For purposes of determining the tax increment for
the Brazos County CETRZ No. 2, the base year of said CETRZ shall be
calendar year 2014 /the county fiscal year 2013 -2014, being the year of the
enactment of this order.
(22) The Brazos County CETRZ No. 3 shall take effect immediately on the
enactment of this order. For purposes of determining the tax increment for
the Brazos County CETRZ No. 3, the base year of said CETRZ shall be
calendar year 2014 /the county fiscal year 2013 -2014, being the year of the
enactment of this order.
7
Vol. 198 Pg. J/�
Advisory Board
(23) The following individuals, all residents and taxpayers of the County, each
are appointed by the Commissioners Court to serve as the members of the
separate Advisory Boards hereby created for Brazos County CETRZ Nos.
L, 2, and 3:
(a) Mare-
Urr ba
, an oil and gas company
representative
who
is employed
by
(as) oil
d' Cys
, an oil and
gas
company, and
who performs
company activities in
the
County;
(b) JI
1
an oil and gas company
representative
hw o
is employed
by
�&) 6A v r5
fte. IU
, an oil and
gas
company, and
who p6rf6nns
company activities in
the
County;
(c) tDohv
flX(/h
, an oil and gas company
epresentative
who
is employed
by
9 ekcO Ma(IGP,1
rin
, an oil and
gas
company, and
who p forms
company activities in
the
County;
(d) ')OP- a public member; and
(e) L '� S4 a public member.
(24) The aforesaid Advisory Board members for the Brazos County CETRZ
Nos. 1, 2, and 3, in an advisory capacity to the Commissioners Court,
shall:
(a) meet not less than two times per calendar year
regarding each said CETRZ;
(b) serve for two year terms regarding each said
CETRZ, with their successors to be appointed by the
Commissioners Court in the event of vacancy or term
expiration;
(c) serve regarding each said CETRZ without receiving
compensation for service on the Board or reimbursement
for expenses incurred in performing services as a member
of the Board;
R
Vol. 198 Pg. ///c
(d) conduct business and hold meetings regarding each
said CETRZ pursuant to the Texas Open Meetings Act; and
(e) perform such tasks and functions regarding each
said CETRZ as required by law and as directed by the
Commissioners Court, including providing advice and
recommendations to the Commissioners Court regarding
the establishment, administration, and expenditures of each
said CETRZ, but such advice and recommendations shall
be advisory only and not be binding on the Commissioners
Court.
(25) The County's staff and legal counsel are directed to assist the Advisory
Boards for the Brazos County CETRZ Nos. 1, 2, and 3 regarding the
timely and successful accomplishment of their responsibilities.
Zone Duration
(26) The Brazos County CETRZ No. I shall remain in effect for the initial term
of 10 years from the date of formation pursuant to the aforesaid authority.
Said CETRZ shall terminate on December 31st of the tenth year after zone
designation unless: (a) terminated earlier in conformity with law; or (b)
extended as allowed by law.
(27) The Brazos County CETRZ No. 2 shall remain in effect for the initial term
of 10 years from the date of formation pursuant to the aforesaid authority.
Said CETRZ shall terminate on December 31st of the tenth year after zone
designation unless: (a) terminated earlier in conformity with law; or (b)
extended as allowed by law.
(28) The Brazos County CETRZ No. 3 shall remain in effect for the initial term
of 10 years from the date of formation pursuant to the aforesaid authority.
Said CETRZ shall terminate on December 31 st of the tenth year after zone
designation unless: (a) terminated earlier in conformity with law; or (b)
extended as allowed by law.
Authorization
(29) The County Judge is directed and authorized to timely initiate and
complete: (a) all public notice, administrative, and procedural issues
required to properly predicate the project; (b) the submission to TXDOT
of the County's grant application for the project; and (c) the signing and
execution of documents necessary or advisable to properly accomplish
project tasks.
9
Vol. 198 pg. ��
(30) The County's staff and legal counsel are directed and authorized to assist
the County Judge regarding the timely and successful accomplishment of
project tasks.
CONSIDERED, ORDERED, APPROVED, AND ENACTED on the � day of
lv ,2014.
SIGNED on them 6day of r 2014.
�lL'u� l�tJ!tdLC,tnt�i,+rr.�
County,Commissioner, Precinct 1
Brazos County, Texas
a—
County Commissiork Precinct
Brazos County, Texas
ATTEST:
County Clerk
Brazos County, Texas
THE COMMISSIONERS COURT OF
7ZOS COUNTY, TEXAS
County Judge
Brazos County, Texas
unty C ,W6missioner, Precinct 2
Brazos County, Texas
County ommis ' Zr
Brazos County, Texas
l0
Vol. 198 Pg. AIL/
EXHIBIT A
Vol. 198 Pg. / 2
Legend
— CmnAlrns CETRZ Zone Nos. 1.2, and 3 (Including Roads within Zone— Centadlne Plus 76 Feet on Both Sid" of Canndlne)
Q Coy Limits —CETRZ Zone No.t
O Bums County LIn MMM ' ;` CETRZ Zone No. Z
11 `,. CETRZ Zone No, 3
!� ry
.i'
6p r.i!
�' F•r
V
y
ei
x
A ,, County _ a
Overview `C •.a ^
Q'
O -A. Brazos County CETRZ No. 1 containing 710.12 total acres, more or less.
m CETRZ No. 1 - Brazos County CETRZ No. 2 containing 352.40 total acres, more or less.
Brazos County CETRZ No. 3 containing 312.43 total acres, more or less.
r
VQ
.,k
N�' O
Cu 1
A
t; �AL!%ANDIR RO r�
Zf q2.
c`
n
4
ay
G ..
t,ncn t, n�
M
CETRZ No. 2
vi
Brazos County Background Image: ESRI blond Street MaP
Energy Transportation 02014 BickenitaRHeeth Delgado Acosta LLP
eTW,6*tA.��ggt ZV" Nos. 1 2 and ..3 Data Source: Roads and Buffered Zonesobtained g"
CooMlnels awlem: OCa Num American 1983: 270 r from Brazos County GIS' basemao i5 ESRI Sheetmeb.
,C
�J
9�
y
c`
n
4
ay
G ..
t,ncn t, n�
M
CETRZ No. 2
vi
Brazos County Background Image: ESRI blond Street MaP
Energy Transportation 02014 BickenitaRHeeth Delgado Acosta LLP
eTW,6*tA.��ggt ZV" Nos. 1 2 and ..3 Data Source: Roads and Buffered Zonesobtained g"
CooMlnels awlem: OCa Num American 1983: 270 r from Brazos County GIS' basemao i5 ESRI Sheetmeb.
29'h Street Medical Plaza
First Amendment of Lease Agreement
WHEREAS, GGE, Ltd., ( "Landlord ") and Brazos County, ( "Tenant ") entered into that certain
Retail Lease Agreement (the "Lease ") which commended May 15, 2009 covering certain
premises located at 3030 East 29'h Street, Suite 113, Bryan, Texas 77802.
WHEREAS, The Term of the Lease was set to expire effective May 31, 2014 but Tenant
executed its right to terminate early by Notice to Landlord dated July 30, 2013 which would have
terminated the Lease effective December 31, 2013 but that notice was subsequently rescinded,
leaving Tenant with a month -to -month tenancy, and
WHEREAS, Landlord and Tenant desire to extend the Lease.
NOW, THEREFORE, for and in consideration for the sum of Ten and no /100 Dollars ($10.00)
and other valuable consideration respectively paid by each party to the other, the receipt and
sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby extend and amend
the Lease as follows:
1. SECTION 4.1 TERM, COMMENCEMENT, AND ANNIVERSARY: The Term of
the Lease is hereby extended through December 31, 2014.
2. EXHIBIT "J" SPECIAL CONDITIONS is hereby deleted in its entirety. - Tenant s#+eR
not have a Fight ie ieFffliflatL this lease PFieF W PLeeffiber- 1' 11 2014.
All provisions of the Lease not amended hereby or inconsistent herewith shall remain in full
force and effect.
EN WITNESS WHEREOF, the parties hereto have executed this agreement and affixed their
signatures effective as of this day of February, 2014.
LANDLORD:
GGE, Ltd.
ewis,
For the managing partner
TENANT:
r . � ounty
Duane Peters.
County Judge
Vol. 198 Pg. 1,�FV
................
SHREDDING SERVICE AGREEMENT
Customer: District Clerk, Storage Room
Address:, 200 S. Texas Avenue, Suite 170 B
Document Management Policy 9DM 2005
.� Exhibit A
New _X_ Renewal`
Location No: J89
Contract No:
Customer No:
Date: 02/14114
Phone: (979) 3614291
City: Bryan State: TX Zip: 77803
The customer, its successors and assigns ( "Customer') orders from Cintas Corporation No. 2 cost Cintas Document Management or any of its subsidiaries, successors
and assigns ( "Company ") all of the Customer's shredding service requirements during the term of this agreement, all in accordance with the pricing, terms and
conditions contained herein.
ITEMS FURNISHED BY THE COMPANY:
First C06616 'r
Collection "C" or
Dock Sta "D" Service
Description
Service
Fre !ten
Quantity
Unit Price
Replacement Value
C
1 95 Gallon
4 weeks
1
$10.00
$100,00
Additiuelf 3ervlcea
Collection "C" or
Dock Stop "D" Service
Description
Service
Frequency
Quantity
Unit Price
Replacement Value
C
95 Gallon
4 weeks
4
$10.00
5100.00
Minimum Charge is Per Stop: S40.95
Service Charge is $5.95 Per Stop
Sit. reIJ `ypc: OFFSITE SERVICE
The Service Charge is used to help Company pay various current and future costs including, but limited to, costs directly or indirectly related to the environment,
energy issues, service and delivery of goods and services, in addition to other miscellaneous costs incurred or that may be incurred in the future by Company.
Company will provide containers and collection or dock stop shredding of all customer's confidential information as herein provided.
This agreement is effective as of the date of the first invoice. Customer agrees to notify the Company at least 90 days prior to discontinuing service. Customer is
responsible for any unpaid charges prior to termination, up to and including the charges for servicing the customer on the last pick -up. Price listed above is based on the
number of containers quoted and frequency of service.
All containers and cabinets remain the property of Company- In the event that the containers and cabinets are lost, damaged or destroyed by any means, the Customer
will pay for said containers and cabinets at the then current replacement values. Additional containers and services can be added to this Agreement and shall
automatically be a part of and subject to the terms hereof.
Any dispute or matter arising in connection with or relating to this agreement shall be resolved by binding and final arbitration.
ARy such dispute shall be determined an an individual bas s, shall be considered onique te :is facts, and shall not be
censelideaed in R, -------- A:-- vith my claim Of SOAnOVSKY Bf &9j Other Party. The WEGIUSIVO j WiSdktiffl and forum for FOSO!HtiOR Of afl)'SW
tamed
The Customer certifies that the Company is in no way infringing upon any existing contract between the Customer and another service provider.
Terms of Payment: 10" E.O.M.
Accept b
Title:
Approved by:
I] Check if Transfer of Custody Addendum Required
F1 Check if Sub Contracting needed
By:
Please Print:
Name & Title:
El Check if Business Associate Agreement Required
Vol.-198 Pg. /
Recommended Award:
Primary: State Wide Materials sections: 1,3,4,5,7,8 Knife River section: 2,6
Secondary: Knife River: section 1,3,4,5,7,8 State Wide sections: 2,6
A rov by r'� rreurt on this day of (¢I 2014
by 'ng the position of Pir=5 count j Jude-e-
Vol. 198 Pg. /
Bid 2014 -18 Flexible Base
January 11, 2014 through June 25, 2015
Knife River
Statewide
JAE
Superior
Materials
Construction
Crushed
Stone
4tCy, by kw tv4
Product
Type A, Grade 1
Super Flexible
'r* t
Type A Grade 1
Base Tested
Grade 1 Base
e
name
Base
G;..;
'<
Product #,a>
39742
247
TCS #111
Ctr�z*
58;4201bsak
8.25
$ 7.25
$ 5.00
-4-
tl
2
Loaded &. M
$ 25.50
$ 20.38
$ 34.00
„Seaton
Hauled,m
r
° BOA000
,
++ "Section 3 TIM'
$ 8.25
$ 7.25
$ 5.00
Loaded �,F
BO
Section 4
20.38
19.50
y> Loaded
21.21
$
$
Hauled,,a < -.R
Product
Type A, Grade 1
Super Flexible
err �p 5,
Type a Grade 2
Grade 2 Base
11
name, # .
I Base
Base
@
Pr oductk,'
39742
247
TCS #117
r <
Y 5I8326 1 z';
T V
8
$ 7.50
$ 6.25
$ 4.50
:a'r
ection 5 �L'oailed,,:$ .
y'
?u .
25.50
$ 19.38
$ 33.00
,+Section`6 } "
H ii
er
80,0001bs = Z
"
Elm
$ 7.50
$ 6.25
$ 4.50
sr
Loaded
h' 80,000`Ibs
`r
$ 20.46
$ 19.38
$ 19.00
=;
loaded&
a Section 8 ;i,:9?
Hauled
>yy>'
Y Yh Referencecore, ,w .
;S
9.07
9.38
3.63
3.22
Plant
Bryan
Manor
Georgetown
IJarrell
Delivery
3 days
2 days
3 days
11 day
Recommended Award:
Primary: State Wide Materials sections: 1,3,4,5,7,8 Knife River section: 2,6
Secondary: Knife River: section 1,3,4,5,7,8 State Wide sections: 2,6
A rov by r'� rreurt on this day of (¢I 2014
by 'ng the position of Pir=5 count j Jude-e-
Vol. 198 Pg. /
INVITATION TO BID
FLEXIBLE BASE
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
200 South Texas Ave, Suite 352 Bid Request No. 2014 -18
Bryan, Texas 77803 Page 1 of 10 Pages
Telephone (979) 361 -4294
Bids will be received at the Brazos County Administration Building, Purchasing Department,
200 South Texas Ave Suite 352, Bryan, Texas until 2:00 p.m., Tuesday January 7, 2014, at
which time bids will be publicly opened and read aloud.
A. SCOPE OF BID
Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in
this bid request for a one (1) year period beginning January 11, 2014 through June 25, 2015 in
accordance with the following Conditions of Bidding.
B. CONDITIONS OF BIDDING
The following instructions apply to all bids and become a part of terms and conditions of any bid
submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this
bid request. All bidders are required to be informed of these Terms and Conditions and will be
held responsible for having done so:
Definitions: In order to simplify the language throughout this bid, the following
definitions shall apply:
a. BRAZOS COUNTY - Same as County.
b. COMMISSIONERS' COURT - The elected officials of Brazos County,
Texas given the authority to exercise such powers and jurisdiction of all
county business as conferred by the State Constitution and Laws.
C. CONTRACT - An agreement between the County and a Supplier to
furnish supplies and /or services over a designated period of time during
which repeated purchases are made of the commodity specified.
d. CONTRACTOR - The successful Bidder(s) of this bid request.
e. COUNTY - The government of Brazos County, Texas and its authorized
representative.
f. SUB - CONTRACTOR - Any contractor hired by the Contractor or
Supplier to furnish materials and services specified in this bid request.
g. SUPPLIER - Same as Contractor.
2. Upon acceptance and approval by the Commissioners' Court, this bid effects a
working contract between Brazos County and the successful bidder for the period
designated.
Vol. 198 Pg. 1.2%
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2014 -18
Page 2 of 11 Pages
3. Bids must be received by the Purchasing Office prior to the time and date
specified. The mere fact that the bid was dispatched will not be considered; the
bidder must have the bid actually delivered.
4. The County reserves the right to accept or reject in part or in whole, any bids
submitted, and to waive any technicalities for the best interest of the County.
5. Brazos County shall not be responsible for any verbal communication between
any employee of the County and any potential bidder. Only written specifications
and written price quotations will be considered.
6. Brazos County reserves the right to reject any bid that does not fully respond to
each specified item.
7. Bidder must include Employer Identification Number for the bid to be valid.
Should there be a change in ownership or management; the contract shall be
canceled unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices. This contract is
nontransferable and may not be reassigned by either party.
9. The County may cancel this contract at any time for any reason, provided a thirty -
day written notice is given.
10. The bid award shall be based on, but not necessarily limited to, the following
factors:
a.
Unit price
b.
Extended price
C.
Special needs and requirements of Brazos County
d.
Results of testing samples (if required by Brazos County)
e.
Delivery
f.
References
g.
Brazos County's experience with products bid
h.
Vendor's past performance record with Brazos County.
it. Although the cost of products to be provided is an essential part of the Bid, Brazos
County is not obligated to award a contract on the sole basis of cost but will award
to vendor considered to be the best value to Brazos County.
12. Acceptance of merchandise, work, and/or equipment provided shall be made by
the County at the sole discretion of the Commissioners Court when all terms and
conditions of the contract and specifications have been met to its satisfaction,
including the submission to the County of any and all documentation as may be
required.
13. Title and Risk of Loss of the goods shall not pass to Brazos County until the
County actually accepts and takes possession of the goods at the point or points of
delivery.
Vol. 198 pg. /62-S,
Bid Continuation Sheet Bid Request No. 2014 -18
BRAZOS COUNTY, TEXAS Page 3 of 11 Pages
14. This agreement shall be governed by the Uniform Commercial Code as adopted in
the State of Texas as effective and in force on the date of this agreement.
15. Bids must be submitted on quantities and units of measure specified by the bid
documents. In the event of errors in extended prices the unit price shall govem.
Any suggested change in quantity on the part of the bidder to secure better price or
delivery is welcomed and may be given consideration provided that the bidder
also bids on the quantity specified.
16. Bids must specify the number of consecutive calendar days required to deliver the
commodities under normal conditions. Failure to specify delivery time will be
considered reason enough to cause the bid to be disregarded. Delivery time
quoted will be given consideration in awarding orders. If delivery is not made
within a reasonable time of the specified delivery in the bid, the entire order or
contract may be canceled and the bidder barred from quoting in future bids.
17. Bids cannot be altered after receiving time. No bid may be withdrawn after
opening time without acceptable reason and with the approval of the Purchasing
Agent.
18. Bids must be submitted _on this form and returned in a sealed envelope clearly
marked with Vendor Name and Bid Number to ensure proper recognition upon
its arrival. Bids will not be considered if submitted by telephone, fax or any other
means of rapid dispatch, nor will a bid be considered if submitted to any other
person or department other than specifically instructed. Bids received after the
expressed date and time listed in this bid will be returned unopened to the vendor.
Bids submitted by any other person or department other than the Brazos County
Purchasing Department will not be accepted.
19. If vendor in receipt of notice is unable to bid, the bid should be submitted as a
"No Bid" and returned to the Purchasing Department before opening time. This is
necessary if vendor wants to remain on vendor list and receive future bid
notifications.
20. Bids must show full firm name, mailing address and telephone number and be
manually signed by an authorized sales or quotation representative of the bidder.
Firm name and authorized signature shall appear in each space provided.
21. In the event of a needed change in the specifications sent to the bidder, it is
understood that all the foregoing terms shall apply to the addendum or addenda
22. It is our policy not to furnish bid results over the phone. Bid results and
tabulation sheets will be posted on the Brazos County web site; Brazos Valley
Online Bidding System (www.brazosbid.cstx.ao_v_1 after bid award by
Commissioner's Court.
Vol. 198 pg. /19-%
Bid Continuation Sheet Bid Request No. 2014 -18
BRAZOS COUNTY, TEXAS Page 4 of 11 Pages
23. Brazos County reserves the right to extend this contract annually for a maximum
of three (3) additional one (1) year periods with no changes in the terms or
conditions of this contract, if agreed upon by both parties.
24. The successful offeror agrees to extend prices and terms to all entities that has
entered or will enter into joint purchasing inter -local cooperation agreement(s)
with Brazos County.
25. If sample testing is required, Brazos County will perform test through a third
party. Vendor will be required to allow the third party access to the facilities in
order to acquire samples for testing. Failure to submit requested testing may
disqualify bid.
26. Three (3) references are to be provided by bidder. Failure to submit references
may result in disqualification of bid.
27. Contractor shall observe and comply with all federal, state and local laws, safety,
and health regulations, ordinances, and all regulations which in any manner effect
conduct of the work or services being performed.
28. In order to insure the safety of the public, the Contractor shall coordinate all work
or deliveries with the Road and Bridge Department.
29, Any Subcontracting must be approved prior to commencement of the contract by
the County Engineer and Brazos County.
30. Any variation from the specifications in this bid document must be indicated on
the bid or on a separate attachment to the bid and labeled as such.
31. Any brand name, or manufacturer's reference used is considered to be descriptive
— not restrictive — and is indicative of the type and quality the County desires to
purchase. Bids on similar items of like quality will be considered only if it is
noted in the bid documents, and accompanied by fully descriptive product
literature. All substitutions will contain the same active ingredients in the same
percentages of the items listed in the bid. If notation of substitution in not made,
it is assumed the vendor is bidding the item specified.
32. The County does not guarantee to purchase any minimum or maximum quantities.
If any quantities are listed in the bid, they are estimated quantities used for
calculating purposes only.
33. In the event the Supplier is unable to furnish any item within a reasonable time
after order is placed due to strikes, war or any reason beyond the Supplier's
control, the County reserves the right to purchase these items from any source,
without causing this contract to be canceled.
Vol. 198 pg. 130
Bid Continuation Sheet Bid Request No. 2014 -18
BRAZOS COUNTY, TEXAS' Page 5 of 11 Pages
34. The successful vendor should submit itemized invoices with clearly marked
remittance copies to the following address;
ATTN: Auditors
200 South Texas Ave, Suite 218
Bryan, TX 77803
Statements of accounts will not be sufficient to warrant payment. Unless other
arrangements have been made; all invoices to be paid in full within 30 days after
satisfactory delivery of commodities and or services and receipt of invoice at the
listed address. Checks will be made payable to the successful vendor only, and
shall not include sub - contractors, assignees, or any other party.
35. As a governmental subdivision, Brazos County is exempt from most types of
taxes, including but not limited to sales tax, excise tax, and import duties. Such
costs must not be included in bid prices. Tax Exemption Certificates can be
obtained upon request by contacting the Brazos County Purchasing Department -
(979)361- 4290.
36. Upon acceptance of a purchase order for any commodity or materials purchased
by Brazos County, the vendor agrees to protect the county from any claim
involving patent right infringement, copyright infringement, sales franchise
disputes.
37. Unless otherwise specified, all items ordered from the successful vendor must be
new, unused, and in first class condition. Products usually packaged for
commercial sale shall be furnished in proper container so as to facilitate storage
and handling.
38. Potential Vendors are advised they may have disclosure requirement pursuant to
Texas Local Government Code, Chapter 176. This law requires persons desiring
to do business with the County to disclose any gifts that have an aggregate value
in excess of $250.00 given to any employee of the County, County Official to the
County Official's family members or employment of any employee of the County,
County Official or the County Official's family members during the preceding
twelve (12) month period. The disclosure questionnaire must be filed with the
Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for
the details of this law.
39. Bidder understands that Brazos County is a government subject to Texas State and
Federal public information statutes. Bidder hereby waives any obligation to the
release to the public of any documents submitted in accordance with this bid
Vol. 198 Pg. —22-1
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
C.
0
SPECIAL PROVISIONS
Bid Request No. 2014 -18
Page 6 of 11 Pages
All deliveries are to be made F.O.B. Brazos County Road and Bridge Department,
during regular working days, and between the hours of 7:30 A.M. and 5:00 P.M.
Monday through Thursday, unless otherwise requested by the County and loaded
into County trucks by the Supplier; or loaded and hauled and delivered anywhere
in the County by the Supplier during the mentioned working days and hours.
2. Vendor will be required to notify the County Engineer's Office in the event of
unforeseen delay arising in the delivery of a specified shipment. In the event a
shipment will not arrive at the job site within two (2) hours of designated time
Brazos County shall have the right to refuse acceptance of the order.
Vendor will be required to deliver to Brazos County Road and Bridge Department
or job site in Brazos County when and where requested and remain on the job
with truck and operator as long as required to completely place load.
4. Brazos County reserves the right to test any materials delivered at the requested
site for compliance with specifications. The Bidder will remove immediately
from the job site or right of way any materials that are deemed unsatisfactory.
5. Material Safety Data Sheets and Placards must be furnished at the time of delivery
as specified by State and Federal Regulations (IF APPLICABLE).
6. Any Vendor vehicles traveling on County roads will not exceed its legal gross
weight.
INSURANCE REQUIREMENTS
The Bidder shall instruct his insurance agent or carrier to furnish to the County a
Certificate of Insurance attesting to the issuance of the following parts of this
section. Please note that such Certificates of Insurance and any required bonds
must be issued and then approved by Brazos County Risk Management. The
Certificate of Insurance must be approved by Risk Management before any
deliveries can be made.
2. The Bidder shall furnish and keep in full force the following insurance during the
term of this Contract:
a. Statutory Workmen's Compensation and Employer's Liability Insurance
with waiver of subrogation.
b. General Liability with limits for bodily injury and for property damages of
not less than $1,000,000 CSL with Brazos County named as an additional
insured.
C. Comprehensive Automotive Liability with single limits of $1,000,000 for
Bodily Injury and Property Damage Liability.
d. Cargo Insurance to sufficiently cover materials transported.
V01.198 Pg.-/L_,-
Bid Continuation Sheet Bid Request No. 2014 -18
BRAZOS COUNTY, TEXAS Page 7 of 11 Pages
3. All of the aforementioned policies and Certificates of Insurance should be issued
immediately after the Bidder receives notification of award.
4. The Vendor agrees to hold harmless Brazos County from any and all claims and
liability due to the acts of the Vendor's employees and the operation of his
equipment. The Vendor also agrees to hold harmless Brazos County from any and
all expenses, including attorney fees, incurred by Brazos County in litigation or
otherwise resisting such claims or liabilities as a result of the Vendor's
employees' activities. Further, the Vendor agrees to protect, indemnify and hold
harmless Brazos County from and against all claims, demands and causes of
action of every kind and character brought by any employees of the Vendor
against Brazos County due to personal injuries and/or death to such employee
resulting from any neglect act, by either commission or omission on the part of the
vendor or Brazos County.
E. REFERENCES
Vendors shall provide a list of at least three (3) references, where work comparable in quality
and scope to that specified has been performed within the past five (5) years. This list should
include the names, phone number and email of the company /entity for which the prior work was
performed to contact these references. A negative reference may be grounds for disqualification
of bid.
Company/Entity: 1U III Surti Doiee-
Contact: i 4,i -Sati-
Phone: gl0i- 118 - An.
Email:
Company/Entity: t4na,n Lltaountr
Contact: '&%
Phone: 512' 140 , `4150
Email:
Company/Entity: S"t'ritt begttopriveAt N(9
Contact: /" 1'
Phone: 515 -1'3 4043
Email:
Vol. 198 Pg. 133
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
F. SPECIFICATIONS
Bid Request No. 2014 -18
Page 8 of 11 Pages
Due to rapidly fluctuating costs associated with rail delivery of Aggregate Products, this
bid can be reviewed quarterly. After the first 60 days of each quarter, the Primary and
Secondary Vendor(s), if applicable, along with Brazos County, will evaluate the awarded
bid price. Vendor will be responsible for initiating any change in price and providing
proof of the increase in cost. If the pricing is still agreeable to the vendor(s) and/or
Brazos County, the bid will continue to be in place for the following quarter. If the
pricing is not acceptable by either the vendor(s) or Brazos County, the contract will be
cancelled and the items will be listed for bid again. At any given time, a price may be
set for the duration of this bid upon aereement between the Primary and Secondary
Vendors and Brazos County.
2. Unless otherwise specified, when order is placed all items in this advertisement
shall meet or exceed Texas State Department of Highways and Public
Transportation Standard Specifications for Construction of Highways,
Streets, and Bridges, Latest Edition, Item 247; Type A, Grades 1 and 2. Each
type and grade may be subject to "Quality" testing and acceptance by Brazos
County.
3. Vendor will be required and responsible for maintaining proper permits to operate
on Brazos County roads and/or property.
4. Any variation from these specifications must be indicated on the Bid or on a
separate attachment to the Bid and labeled as such.
G. QUOTATIONS
The following quantities are estimates of anticipated purchases and will be used for tabulation
purposes only. The specified estimates are not guaranteed minimums. Vendor shall fill in the
blanks with unit prices that are firm for the entire period of this contract. All unit prices for
Loaded/Hauled to include all charges to deliver to Brazos County jobsites, including freight and
pumping charges.
Vol. 198 Pg. L-Ll
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2014 -18
Page 9 of 11 Pages
LOADED AND HAULED - F.O.B. BRAZOS COUNTY (PRICE PER TON)
Estimated Description 58,4201bs 58,420lbs
80,000lbs 80,000lbs
Tonage Loaded only Loaded &
Loaded Only Loaded &
(Per Ton) Hauled
(Per Ton) Hauled
(Per Ton)
(Per Ton)
Product Name ova A racle 1
j,
Product Number )'"V -+
Delivery (number of days) 1100c) +en6 paf-da�uILKkaonwot.co-
�8.1.5ton
$��1,83
11,16 jo,�
421,ztton
1
310,000
Flexible Base
r) , 5Q
pfr }a n
per O 1�
T e A, Grade 1
eiov�
Product Name ova A racle 1
j,
Product Number )'"V -+
Delivery (number of days) 1100c) +en6 paf-da�uILKkaonwot.co-
Product Name - 1'yrse A bygj -e Z
Product Number
Delivery (number of days) IA00 tws perdtiy w 40 r nolYce-
H. ADDITIONAL QUESTIONS
Specific location of vendor's plant: Ross 1.: 1?f-aeIN gust 5- G22L13
Contact person and phone number at plant: Zo rt+ S.so— �-5 -k- -5f) - 2W y
Direction to plant (attach if necessary): Trost' : 14 uo (+k io Y.oaS< Su W +st en F%+N
Q S•5 n:lts sa+t F VA M I t0 C -4z+14% Le4't, 0,%- w. t.*P'l
p1g,0; . I:M -4A65,& tcke li,+Ml �or1 ,u CR.'1}il� }win rC5't' P�•n+ e.. k�*
Number of trucks the company owns located at the facility that will be servicing Brazos
County: V 2e t IS plus in any }4ri4r.L (tasrdi
The size of trucks the company
County: d0,000 /b• tn.ckA
located at the facility that will be servicing Brazos
Vol. 198 Pg. /3
d w-tAce
2
310,000
Flexible Base
r) , 5Q
Pee
pfr }a n
per O 1�
Type A Grade 2
eiov�
Product Name - 1'yrse A bygj -e Z
Product Number
Delivery (number of days) IA00 tws perdtiy w 40 r nolYce-
H. ADDITIONAL QUESTIONS
Specific location of vendor's plant: Ross 1.: 1?f-aeIN gust 5- G22L13
Contact person and phone number at plant: Zo rt+ S.so— �-5 -k- -5f) - 2W y
Direction to plant (attach if necessary): Trost' : 14 uo (+k io Y.oaS< Su W +st en F%+N
Q S•5 n:lts sa+t F VA M I t0 C -4z+14% Le4't, 0,%- w. t.*P'l
p1g,0; . I:M -4A65,& tcke li,+Ml �or1 ,u CR.'1}il� }win rC5't' P�•n+ e.. k�*
Number of trucks the company owns located at the facility that will be servicing Brazos
County: V 2e t IS plus in any }4ri4r.L (tasrdi
The size of trucks the company
County: d0,000 /b• tn.ckA
located at the facility that will be servicing Brazos
Vol. 198 Pg. /3
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2014 -18
Page 10 of 11 Pages
The number of crusher(s) located at the facility that will be servicing Brazos County:
The capacity of the crusher(s) located at the facility that will be servicing Brazos County:
`loop DA5 PQ r hcu r
On a separate page please describe any agreements that the vendor has in place to insure
ability to perform this work.
I. CERTIFICATION OF BID
The undersigned affirms that they are duly authorized to execute this contract, that this bid has
not been prepared in collusion with any other vendor, and that the contents of this bid have not
been communicated to any other vendor prior to the official opening of this bid.
SIGNED BY:
TYPED NAME: A. /fcr``�',� Aet\ TITLE: h A1 W-
COMPANY NAME: lOfw; CirrZs !/4yw4-
PHONE: 912- R- 710-5
MAILING ADDRESS: Am J( told
P.O. Box or Street
,r'60 r Ty 7 1453
City TX Zip
EMAIL ADDRESS: YAwyO S/r7fvr'ol2rYKttri< %S'lh +s�cor+t Lff✓•
VENDOR IDENTIFICATION NUMBER: y!- Z-i3 68&-L
CORPORATE SEAL ]IF SUBMITTED BY A CORPORATION
END OF BID REQUEST NO. 2014-18
++++***++*+**++**+++** w***+** w++* ww+* r*++****** wwwww* *w * * +w * * * + *+ + * * * * * * * * *s♦ * + + * * +*
By signing below, Brazos County agrees that this bid, 2014 -18 will be awarded as dictated on the
associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to the
terms and conditions contained herein -------- A
0
Brazos County Commissioner's Courtu
Date � L26114
Attest:
Brazos County
Vol. 1!3 Pg. / —9
INVITATION TO BID
FLEXIBLE BASE
ANNUAL CONTRACT
BRAZOS COUNTY PURCHASING DEPT
200 South Texas Ave, Suite 352 Bid Request No. 2014 -18
Bryan, Texas 77803 Page 1 of 10 Pages
Telephone (979) 361 -4294
Bids will be received at the Brazos County Administration Building, Purchasing Department,
200 South Texas Ave Suite 352, Bryan, Texas until 2.00 p.m., Tuesday January 7. 2014, at
which time bids will be publicly opened and read aloud.
A. SCOPE OF BID
Bids are solicited for furnishing the merchandise, supplies, service, and /or equipment set forth in
this bid request for a one (1) year period beginning January 11, 2014 through June 25, 2015 in
accordance with the following Conditions of Bidding.
B. CONDITIONS OF BIDDING
The following instructions apply to all bids and become a part of terms and conditions of any bid
submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this
bid request. All bidders are required to be informed of these Terms and Conditions and will be
held responsible for having done so:
Definitions: In order to simplify the language throughout this bid, the following
definitions shall apply:
a BRAZOS COUNTY - Same as County.
b. COMMISSIONERS' COURT - The elected officials of Brazos County,
Texas given the authority to exercise such powers and jurisdiction of all
county business as conferred by the State Constitution and Laws.
C. CONTRACT - An agreement between the County and a Supplier to
furnish supplies and/or services over a designated period of time during
which repeated purchases are made of the commodity specified.
d. CONTRACTOR - The successful Bidder(s) of this bid request.
e. COUNTY - The government of Brazos County, Texas and its authorized
representative.
f. SUB - CONTRACTOR - Any contractor hired by the Contractor or
Supplier to furnish materials and services specified in this bid request.
g. SUPPLIER - Same as Contractor.
2. Upon acceptance and approval by the Commissioners' Court, this bid effects a
working contract between Brazos County and the successful bidder for the period
designated.
Vol. 198 Pg. /✓1 7
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2014 -18
Page 2 of 11 Pages
Bids must be received by the Purchasing Office prior to the time and date
specified. The mere fact that the bid was dispatched will not be considered; the
bidder must have the bid actually delivered.
The County reserves the right to accept or reject in part or in whole, any bids
submitted, and to waive any technicalities for the best interest of the County.
5. Brazos County shall not be responsible for any verbal communication between
any employee of the County and any potential bidder. Only written specifications
and written price quotations will be considered.
6. Brazos County reserves the right to reject any bid that does not fully respond to
each specified item.
Bidder must include Employer Identification Number for the bid to be valid.
Should there be a change in ownership or management; the contract shall be
canceled unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices. This contract is
nontransferable and may not be reassigned by either party.
9. The County may cancel this contract at any time for any reason, provided a thirty-
day written notice is given.
10. The bid award shall be based on, but not necessarily limited to, the following
factors:
a. Unit price
b. Extended price
C. Special needs and requirements of Brazos County
d. Results of testing samples (if required by Brazos County)
e. Delivery
f. References
g. Brazos County's experience with products bid
h. Vendor's past performance record with Brazos County.
11. Although the cost of products to be provided is an essential part of the Bid, Brazos
County is not obligated to award a contract on the sole basis of cost but will award
to vendor considered to be the best value to Brazos County.
12. Acceptance of merchandise, work, and/or equipment provided shall be made by
the County at the sole discretion of the Commissioners Court when all terms and
conditions of the contract and specifications have been met to its satisfaction,
including the submission to the County of any and all documentation as may be
required.
13. Title and Risk of Loss of the goods shall not pass to Brazos County until the
County actually accepts and takes possession of the goods at the point or points of
delivery.
Vol. 198 Pg. Z5--f
Bid Continuation Sheet Bid Request No. 2014 -18
BRAZOS COUNTY, TEXAS Page 3 of 11 Pages
14. This agreement shall be governed by the Uniform Commercial Code as adopted in
the State of Texas as effective and in force on the date of this agreement.
15. Bids must be submitted on quantities and units of measure specified by the bid
documents. In the event of errors in extended prices the unit price shall govern.
Any suggested change in quantity on the part of the bidder to secure better price or
delivery is welcomed and may be given consideration provided that the bidder
also bids on the quantity specified.
16. Bids must specify the number of consecutive calendar days required to deliver the
commodities under normal conditions. Failure to specify delivery time will be
considered reason enough to cause the bid to be disregarded. Delivery time
quoted will be given consideration in awarding orders. If delivery is not made
within a reasonable time of the specified delivery in the bid, the entire order or
contract may be canceled and the bidder barred from quoting in future bids.
17. Bids cannot be altered after receiving time. No bid may be withdrawn after
opening time without acceptable reason and with the approval of the Purchasing
Agent.
18. Bids must be submitted on this form and returned in a sealed envelope clearly
marked with Vendor Name and Bid Number to ensure proper recognition upon
its arrival. Bids will not be considered if submitted by telephone, fax or any other
means of rapid dispatch, nor will a bid be considered if submitted to any other
person or department other than specifically instructed. Bids received after the
expressed date and time listed in this bid will be returned unopened to the vendor.
Bids submitted by any other person or department other than the Brazos County
Purchasing Department will not be accepted.
19. If vendor in receipt of notice is unable to bid, the bid should be submitted as a
"No Bid" and returned to the Purchasing Department before opening time. This is
necessary if vendor wants to remain on vendor list and receive future bid
notifications.
20. Bids must show full firm name, mailing address and telephone number and be
manually signed by an authorized sales or quotation representative of the bidder.
Firm name and authorized signature shall appear in each space provided.
21. In the event of a needed change in the specifications sent to the bidder, it is
understood that all the foregoing terms shall apply to the addendum or addenda.
22. It is our policy not to furnish bid results over the phone. Bid results and
tabulation sheets will be posted on the Brazos County web site; Brazos Valley
Online Bidding System (www.brazosbid.cstx.eov) after bid award by
Commissioner's Court.
Vol. 198 Pg. 39
Bid Continuation Sheet Bid Request No. 2014 -18
BRAZOS COUNTY, TEXAS Page 4 of 11 Pages
23. Brazos County reserves the right to extend this contract annually for a maximum
of three (3) additional one (1) year periods with no changes in the terms or
conditions of this contract, if agreed upon by both parties.
24. The successful offeror agrees to extend prices and terms to all entities that has
entered or will enter into joint purchasing inter -local cooperation agreement(s)
with Brazos County.
25. If sample testing is required, Brazos County will perform test through a third
party. Vendor will be required to allow the third party access to the facilities in
order to acquire samples for testing. Failure to submit requested testing may
disqualify bid.
26. Three (3) references are to be provided by bidder. Failure to submit references
may result in disqualification of bid.
27. Contractor shall observe and comply with all federal, state and local laws, safety,
and health regulations, ordinances, and all regulations which in any manner effect
conduct of the work or services being performed.
28. In order to insure the safety of the public, the Contractor shall coordinate all work
or deliveries with the Road and Bridge Department.
29. Any Subcontracting must be approved prior to commencement of the contract by
the County Engineer and Brazos County.
30. Any variation from the specifications in this bid document must be indicated on
the bid or on a separate attachment to the bid and labeled as such.
32. The County does not guarantee to purchase any minimum or maximum quantities.
If any quantities are listed in the bid, they are estimated quantities used for
calculating purposes only.
33. In the event the Supplier is unable to furnish any item within a reasonable time
after order is placed due to strikes, war or any reason beyond the Supplier's
control, the County reserves the right to purchase these items from any source,
without causing this contract to be canceled.
Vol. 198 pg. /4/0
Bid Continuation Sheet Bid Request No, 2014 -18
BRAZOS COUNTY, TEXAS Page 5 of l 1 Pages
34. The successful vendor should submit itemized invoices with clearly marked
remittance copies to the following address;
ATTN: Auditors
200 South Texas Ave, Suite 218
Bryan, TX 77803
Statements of accounts will not be sufficient to warrant payment. Unless other
arrangements have been made; all invoices to be paid in full within 30 days after
satisfactory delivery of commodities and or services and receipt of invoice at the
listed address, Checks will be made payable to the successful vendor only, and
shall not include sub - contractors, assignees, or any other party.
35. As a governmental subdivision, Brazos County is exempt from most types of
taxes, including but not limited to sales tax, excise tax, and import duties. Such
costs must not be included in bid prices. Tax Exemption Certificates can be
obtained upon request by contacting the Brazos County Purchasing Department -
(979)3614290.
36. Upon acceptance of a purchase order for any commodity or materials purchased
by Brazos County, the vendor agrees to protect the county from any claim
involving patent right infringement, copyright infringement, sales franchise
disputes.
37. Unless otherwise specified, all items ordered from the successful vendor must be
new, unused, and in first class condition. Products usually packaged for
commercial sale shall be furnished in proper container so as to facilitate storage
and handling.
38. Potential Vendors are advised they may have disclosure requirement pursuant to
Texas Local Government Code, Chapter 176. This law requires persons desiring
to do business with the County to disclose any gifts that have an aggregate value
in excess of $250.00 given to any employee of the County, County Official to the
County Official's family members or employment of any employee of the County,
County Official or the County Official's family members during the preceding
twelve (12) month period. The disclosure questionnaire must be filed with the
Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for
the details of this law.
39. Bidder understands that Brazos County is a government subject to Texas State and
Federal public information statutes. Bidder hereby waives any obligation to the
release to the public of any documents submitted in accordance with this bid
Vol. 198 Pg. /c //
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
C. SPECIAL PROVISIONS
Bid Request No. 2014 -18
Page 6 of I I Pages
All deliveries are to be made F.O.B. Brazos County Road and Bridge Department,
during regular working days, and between the hours of 7:30 A.M. and 5:00 P.M.
Monday through Thursday, unless otherwise requested by the County and loaded
into County trucks by the Supplier; or loaded and hauled and delivered anywhere
in the County by the Supplier during the mentioned working days and hours.
2. Vendor will be required to notify the County Engineer's Office in the event of
unforeseen delay arising in the delivery of a specified shipment. In the event a
shipment will not arrive at the job site within two (2) hours of designated time
Brazos County shall have the right to refuse acceptance of the order.
3. Vendor will be required to deliver to Brazos County Road and Bridge Department
or job site in Brazos County when and where requested and remain on the job
with truck and operator as long as required to completely place load.
4. Brazos County reserves the right to test any materials delivered at the requested
site for compliance with, specifications. The Bidder will remove immediately
from the job site or right of way any materials that are deemed unsatisfactory.
5. Material Safety Data Sheets and Placards must be furnished at the time of delivery
as specified by State and Federal Regulations (IF APPLICABLE}
6. Any Vendor vehicles traveling on County roads will not exceed its legal gross
weight.
D. INSURANCE REQUIREMENTS
The Bidder shall instruct his insurance agent or carrier to furnish to the County a
Certificate of Insurance attesting to the issuance of the following parts of this
section. Please note that such Certificates of Insurance and any required bonds
must be issued and then approved by Brazos County Risk Management. The
Certificate of Insurance must be approved by Risk Management before any
deliveries can be made.
2. The Bidder shall furnish and keep in full force the following insurance during the
term of this Contract:
a.. Statutory Workmen's Compensation and Employer's Liability Insurance
with waiver of subrogation.
b. General Liability with limits for bodily injury and for property damages of
not less than $1,000,000 CSL with Brazos County named as an additional
insured.
C. Comprehensive Automotive Liability with single limits of $1,000,000 for
Bodily Injury and Property Damage Liability.
d. Cargo Insurance to sufficiently cover materials transported.
Vol. 198 Pg. lZ
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2014 -18
Page 7 of 11 Pages
3. All of the aforementioned policies and Certificates of Insurance should be issued
immediately after the Bidder receives notification of award.
4. The Vendor agrees to hold harmless Brazos County from any and all claims and
liability due to the acts of the Vendor's employees and the operation of his
equipment. The Vendor also agrees to hold harmless Brazos County from any and
all expenses, including attorney fees, incurred by Brazos County in litigation or
otherwise resisting such claims or liabilities as a result of the Vendor's
employees' activities. Further, the Vendor agrees to protect, indemnify and hold
harmless Brazos County from and against all claims, demands and causes of
action of every kind and character brought by any employees of the Vendor
against Brazos County due to personal injuries and/or death to such employee
resulting from any neglect act, by either commission or omission on the part of the
vendor or Brazos County.
E. REFERENCES
Vendors shall provide a list of at least three (3) references, where work comparable in quality
and scope to that specified has been performed within the past five (5) years. This list should
include the names, phone number and email of the company /entity for which the prior work was
performed to contact these references. A negative reference may be grounds for disqualification
of bid.
Compan
Contact
Phone:
.�1..
I� F'� �
Company/Entity:
Contact: —s-6HeJ LAONCT
Phone: 9'71-5776-108;
Email:
,, y�yp�x,� a. yr a;;9,mcr" t'} �} r. ,wv r�i m. - e , _xtyz�^.- � � "a �a w :��, �k� av- r i�♦.
Company /Entity:
Contact: ::69P V IPANoleK
Phone:' Im- 7)8- 9751
EmaiL
Vol. 198 Pg.
Bid Continuation Sheet
BRAZOS COUNTY, TEXAS
Bid Request No. 2014 -18
Page 9 of 11 Pages
LOADED AND HAULED - F.O.B. BRAZOS COUNTY (PRICE PER TON)
Estimated Description 58,420ibs 58,420lbs 80,000lbs 80,000lbs
Tonage Loaded only Loaded & Loaded Only Loaded &
(Per Ton) Hauled (Per Ton) Hauled
Per Ton Per Ton
1
310,000
Flexible Base
Type A, Grade 1
;18'•50
-25.5-0
18.5-0
4 a3. SO
Product Name 7y Pe A 68Aoo i BASC
Product Number 39 7 W
Delivery (number of days) 3 DAYS
2
310,000
Flexible Base
Type A Grade
sie -5--o
in-s7o
ie -5-6
9a3so
Product Name no& A 6ewa ) $Ase
Product Number-3 17 Ud
Delivery (number of days) 3 1DA
H. ADDITIONAL QUESTIONS
Specific location of vendor's plant: 4310 weitawy d) 9RVA'') AMS
Contact person and phone number at plant: f %E 1? d(aN //A/ 44 *1
975- -567- 119
Direction to plant (attach if necessary):
Number of trucks the company owns located at the facility that will be servicing Brazos
County: 60 6,yeavy TRuct3 - Lv 6eAse Tpuclej
The size of trucks the company owns located at the facility that will be servicing Brazos
County: 'JA. /eti3 4< 7;qA Dg;rP4 S
Vol. 198 Pg. 2Z
Bid Continuation Sheet
BRAZOSCOUNTY,TEXAS
Bid Request No. 2014 -18
Page 10 of I1 Pages
The number of crusher(s) located at the facility that will be servicing Brazos County:
The capacity of the crusher(s) located at tie facility that will be servicing Brazos County:
On a separate page please describe any agreements that the vendor has in place to insure
ability to perform this work.
I.
CERTIFICATION IC TION OF BID
The undersigned affirms that they are duly authorized to execute this contract, that this bid has
not been prepared in collusion with any other vendor, and that the contents of this bid have not
been communicated to any other vendor prior to the official opening of this bid.
SIGNED BY. n
L!* ITN Y TITLE: � NCBAL 11 Abp ~
TYPED NAME: � +•Q caw
COMPANY NAME:
PHONE:
R
MAILING ADDRESS: }� 6 • of 61)
P.O. Box or Street
City
TX
EMAIL ADDRESS: tr11"46 EXS ro °
VENDOR IDENTIFICATION NUMBER: %__ 6 S67 �l
CORPORATE SEAL IF SUBMITTED BY A C
END OF BID REQUEST NO. 2014-18
+*+*++++*++*+*** s****+*+****+ s*+++ s****+* r*+ s*+++*++ s + +s * + * * * + *s * * * * * + * + * * * * + * + + + + *s
By signing below, Brazos County agrees that this bid, 2014 -18 will be awarded as dictated on the
associated bid tabulation sheet, to the vendor hose name appears above and both parties agree to the
terms and conditions contained herein. `,, �- -�
M
Brazos County Commissioner's
Date��.� a ✓
Attest:
k,
RraZOS County Clerk
sic';. /
DEPARTMENT:
MEETING DATE:
SUBJECT:
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
February 25, 2014
Private Property Access
Request permission to enter private property owned by Alan and Julie Davis located on
I &GN Road. Project will fill -in the steep slope along roadway and continues onto
private property to tie into natural ground. This work is being performed for the health,
safety and welfare of the general public. Site is located in Precinct 1.
SUBMITTED BY: APPROVED BY:
Salvato Lloy Wassermann
of Way Agent Commissioner Precinct I
This request isP�OVED / DENIED ❑ by Commissioners' Court
Duane Peters, County Judge
Date: 212!�JI
Vol. 198 Pg. I -X6
UT
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brews County Judge
Uoyd Wassermann
Commlasbner Pct. 1
Sammy Catalans,
Commissioner Pct 2
Kenny Mallard
Commissioner Pct. 3
Irma Caulay
CommaslOner PM 4
R. Alan Munger. P.E.
County Engineer
Brazos County Road & Bridge Dept.
2617 Hwy 21 West
Bryan. Texas 71803
O@ics 979.822 @127
Fax: 970775-0153
remung"brewebourrynx.gov
I. OWNER(S): Alan and Julie Davis
H. ADDRESS: 3155 Mimosa Street
Port Arthur, Texas 77640
III. LOCATION OF WORK: 131881 &GN Road
R368137 — John Payne, A -195, Lot 1.10, 10.2 acres
IV. DESCRIPTION OF WORK: Project will fill -in the steep slope along I &GN Road.
Slope will continue onto private property and tie into natural ground.
Additional Comments:
V. MAINTENANCE: Yes
No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: NIA
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature. �"' ^_ Date: ?� q
Er
R. Alan Munger, P. . J V. Saivato
County Engineer ght of Way Agent
Vol. 198 pg. 1�1*'7
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: February 25, 2014
SUBJECT: Private Property Access
Request permission to enter private property owned by Don Jones, general partner of
Sunset Ridge, LLP located on I &GN Road. Project will grade back -slope of ditch onto
private property to achieve desired slope for proper drainage. Brush will also be
removed within work area. This work is being performed for the health, safety and
welfare of the general public. Site is located in Precinct 1.
SUBMITTED BY:
//// A � &
Jo . Salvato
Right of Way Agent
This request is
APPROVED BY:
GL , ti
Lloyd Vassermann
Commissioner Precinct 1
❑ by Commissioners' Court
Duane Peters, County Judge
Date:
Vol. 198 Pg. / `l/'Y
4
a
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pet. I
Sammy Caudena
Commissioner Pct. 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Cornmissloner Pet, 4
OWNER(S): Sunset Ridge, LLP
c/o Don Jones
R. Alan Munger, P.E.
County Engineer
Brazos County Road 8 Bridge Dept.
2817 Hwy 21 West
Bryan, Texas 77803
OKice: 979.822 -2127
Fax: 979. 775-0453
r9munger®brazoscountya.90v
II. ADDRESS: 310 University Drive, East
College Station, Texas 77840
III. LOCATION OF WORK: I &GN Road
1. R13818 — T. Henry, A -132, Tract 6, 99.474 acres
IV. DESCRIPTION OF WORK: Project will grade back -slope of ditch onto private
property to achieve desired slope ratio for proper drainage. Brush will also be
removed within work area.
Additional Comments:
V. MAINTENANCE: Yes
No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature:
fner1
R. Alan Munger, P.E. Jt
County Engineer U R
Vol. 198 Pg. %�%
Date: .9- (D -/�(
of Way Agent
Brazos CAD - Map of Property ID 13818 for Year 2013
3007 17 3f
'Z 8902534SJS8 M" 4436
!,r
Ot 9\ PY'. 1QyS7je}tOS4Q111443S/•10574 .
NE1hi�/ / `!
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N - 98886
n,.
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84 80886 v �e0887+ 1\ .10888 y, A
WIN C aoaa� �Q,r105412 sg ;w N $•
�po�" oe��a6aai
787214 �' POQ,. r1\ e �q Gyn ��ysa =1?4 �st' 103043
808856 Py��t08 y;,`�1J618 NF ✓ a'q `.. �u(� 103012
.;._,ay"" 354882 3\18 P�Of'e ..�a., :+• `Ute `A7 ^ 9~ �a 101044 TEVENSON
Or 2903 10]041
y ash! J ip yv ,{�
363804 .. 158127t2r87Tr',` 808Ta „ 7 ; % ,7' 103045
358553 }i j.,. 3�r3i }r OJ047 107045 103040
15810 a 2902e\/\ 80880 107039
/� . LACIA CT
S.. /A.48b T .BZ 903132 EY �ip'6„ ' -'t° 103048 .. -.. -. - tOJ 038 i',
7 80879 T'tlJa 103050101051 \ 10,7077\
axsol , y 1mo7o
15185
1r wdyyN� � a N t 107049 107069
/758552 1586 1'Y 103341 1 103052 1 10307 1Q7076
99117 a 10J0T2� 101035
O . 4 G 1I 68 7 _..
300830 P'a `?,1' ' // '
- 300403 � OJJ 4J A- '803087 103087 suoen� :ion:
A -92 J CH 1
p•'� /� 107066 nnamecte
300402 A -195 J PAYN � � 91205 99138
a 4563 03054 f
�%� 4 107085 — 4rteta
15867 "'lll 112170 p Q
\/ ^3 * 7W711 97457 99135 103056 OJO6d103 �itk Seie<tea property
1163 Fee[
Property Details
Account
Property ID: 13818
Geo ID: 005400- 0006 -0000
Type: Real
Legal Description: A005400, R STEVENSON (OCL), TRACT 6, 99.474 ACRES, & A -132 T HENRY & A -92 J CHILDR�
Location
Situs Address: N GRAHAM RD TX
Neighborhood: R- SW;MOBILE HOME PARK
Mapsco:
Jurisdictions: CAD, Fl, G1, 52, ZRFND
Owner
Owner Name: SUNSET RIDGE LLP
Mailing Address: % JONES DON, 310 UNIVERSITY DR E, , COLLEGE STATION, TX 77840 -1730 OD
L'C(•( ASS_ �
Property Gq� -lobes
Appraised Value: $1,535,620.00
., a
https: / /propaccess. trueautom ation. com /Map /View /Map /65/ 13818/2013 PropertgACCESS
nap on,wme.: mu amT a r> IOaa,mxMn wmaw only eM m.r aM tiara eam a vn ra n, tie Wnenle Im kcn. enynxlro. w amrerW Noa,e+. n aon rot..o..aent an m ceorcua u-rn� tie npeaam�.Mr taa
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Vol. 198 Pg. ko
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTIMENT: Road & Bridge
MEETING DATE: February 25, 2014
SUBJECT: Private Property Access
Request permission to enter private property owned by Duane and Shirley Kraemer
located on I &GN Road. Project will grade back -slope of ditch onto private property to
achieve desired slope for proper drainage. Brush will also be removed within work area.
This work is being performed for the health, safety and welfare of the general public.
Site is located in Precinct 1.
SUBiMI1 "TED BY:
Jo r. Salvato
Right of Way Agent
This request is
APPROVED BY:
Lloyd "assermann
Commissioner Precinct 1
Duane Peters, County judge
Date:
Vol. 198 Pg.
isioners' Court
1�
F f
qal 1.
•`�� �kY 1H'c�
nF
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
R. Alan Munger, P.E.
Brazos County Judge
County Engineer
Brazos County Road B Bridge Dec.
Lloyd Wassermann
2817 Hwy 21 West
Commissioner PM. 1
Bryan, Texas 77803
Office : 979 -822 -2127
Sammy Catalena
Fax. 979 - 775.0453
Commissioner Pct. 2
ramunger(glarazoscountytx gov
Kenny Mallard
Commissioner Pct 3
Irma Cauley
Commissioner Pct. 4
OWNER(S): Duane & Shirley Kraemer
II. ADDRESS: 3740 High Lonesome
College Station, Texas 77845
III. LOCATION OF WORK: I &GN Road
R300403 — Foxworth Subdivision, Lot 2, 7.137 acres
IV. DESCRIPTION OF WORK: Project will grade back -slope of ditch onto private
property to achieve desired slope ratio for proper drainage. Brush will also be
removed within work area.
Additional Comments:
V. MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature:
✓ ti-ell A P r'
R. Alan Munger, P.E.
County Engineer
Date:
ht of Way Agent
Vol.198 Pg. /J��
Brazos CAD - Map of Property ID 300403 for Year 2013
15185 � ti. Jam.
\A-132.7 hENRY YT
�i5k r a wale �..:
\ e 4
1-k
0.
.4n.yz�kJt Jr •SZ tysF
f , 1, � J
A -195 J
300402
15061
....... - 291 Feet
Property Details
Account
Property ID: 300403
GeoID: 277800- 0000 -0020
Type: Real
Legal Description: FOXWORTH, LOT 2, ACRES 7.137
Location
Owner
Situs Address: I & GN RD TX
Neighborhood: R- SW;FOXWORTH
Mapsco:
Jurisdictions: CAD, Fl, G1, S2, ZRFND
Owner Name: KRAEMER DUANE C & SHIRLEY M
Mailing Address: , 3740 HIGH LONESOME, , COLLEGE STATION, TX 77845 -9400
Property
Appraised Value: $233,170.00
httpS: / /propaccess.trueautomation.com /Map /View/Map/65/300403/20 13
ea4 N.I.M'. mb or.. u M FWvrol.. 111.E mN ma ..I Mt P.- Men 11.4 kr- Ce ---- hw Mgsl, xpimerirq. a survn,na oa'.. n yep rwt
<ppev .. r.106. W.I. W.M MwNeriM. iM &ems Countyy W-DIV—a -Oti "O —I—ant uW YI 1-1"Na - --
Vol. 198 Pg. ��3
/,OLD
4
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SubYN.,..
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— suwls
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77 &- 95 ;8
DEPARTMENT:
MEETING DATE:
SUBJECT:
iu
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
February 25, 2014
BTU Easement — 0.02 acres
Consider and take action on the 0.02 acre BTU easement across County owned property
located on Kathy Fleming Road. BTU will be upgrading their transmission line and
need an additional 20' along existing easement. Site is located in Precinct 1.
SUBMITTED BY:
A�- -
J V. Salvato
Right of Way Agent
APPROVED BY:
G" Hsi
Lloyd Vassermann
Commissioner Precinct 1
This request is APPROVED / DENIED ❑ by Commissioners' Court
Duane Peters, County Judge
DATE: oO-45,S-:-y/
Vol. 198 Pg.
®& ASS OCIATES
® APPRAISALS. BROKERAGE h RIGMT -OF -WAY ACOUISMONS
December 7", 2013
Mr. James Tanneberger
Division Manager, Transmission
Bryan Texas Utilities �oPERTy Vv'9'S fFPP,'ursSF,C ps oHe TRALT
P.O. Box 1000 3v7 mhoe ✓P or'TPke FOLL0170'16 7Rwfr$
Bryan, Texas 77805 0, YS r 01 13 r 0 l2 + a O2
Re: An appraisal of just compensation for a 0.72 acre BTU electric transmission easement
to be acquired out of a +/- 136.06 acre tract located within the A. Millican Survey, A -39,
Brazos County, Texas
Dear Mr. Tanneberger:
At your request and authorization, I have prepared a Summary Appraisal of the above
referenced property. The purpose of this appraisal is to estimate the total compensation due
the property owner for the easement rights to be acquired. Since the proposed acquisition is
of less than the Whole Property, then any special benefits and /or damages to the remainder
property was included in accordance with the laws of Texas.
At your request, this is a SummaryAppraisal Report intended to comply with Standard Rule 2-
2(b) of the Uniform Standards of Professional Appraisal Practice(USPAP). As such, it presents
sufficient information to enable the client and other intended users, as identified, to understand
it properly.
I have personally inspected the subject property and gathered and analyzed all the necessary
data to arrive at an opinion of total compensation. Based upon this investigation, it is my
opinion the total compensation due the property owner for the rights to be acquired was as
follows:
SEVEN THOUSAND FIVE HUNDRED AND TWO ($7,502) DOLLARS
I appreciate the opportunity to provide this service for you and look forward to future
consultations at your request.
Sincerely yours,
Steven Trent Lovett
State Certified General Real Estate Appraiser
TX- 1322517 -G
Vol.-198 Pg.
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
BRYAN TEXAS UTILITIES
ELECTRICAL AND RIGHT -OF -WAY EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS
That the County of Brazos, State of Texas, (hereinafter called Grantor, whether one or more), for
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted and conveyed and by these presents does grant and convey unto the CITY OF BRYAN, TEXAS,
a Texas Home Rule Municipal Corporation, doing business as "Bryan Texas Utilities" an ELECTRICAL
EASEMENT and right -of -way to enter upon and to erect, construct, maintain, install, relocate,
reconstruct, operate, inspect, replace, repair, patrol, and remove Utility Facilities and a service road, upon,
over, under and across the tract or parcel of land described below, to wit:
All that certain lot, tract or parcel of land being 0.02 acres, more or less, of land situated in the
Andrew Millican League, Abstract No. 39, Brazos County, Texas, and being a part of Millican North,
Reserve Tract 4, described in the Final Plat recorded in Volume 952, Page 661, of the Deed/Official
Records of Brazos County, Texas (hereinafter the "Easement Area "). Said Easement Area being more
particularly described by metes and bounds set forth on "Exhibit A" and a Survey Plat on "Exhibit B"
attached hereto and made a part hereof for all purposes.
For purposes of this Easement grant, the phrase "Utility Facilities" shall mean and include electrical
distribution lines and /or transmission lines, a variable of number of cables, conductors or wires,
insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props,
guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and /or
communication.
Grantor hereby grants unto said CITY OF BRYAN, its successors and assigns, the right at any
and all times to trim and /or remove without payment thereof, all trees, underbrush, or other similar or
dissimilar obstructions upon the Easement Area and to trim and /or remove such hazardous trees on the
adjacent land as in the judgment of said CITY OF BRYAN would interfere with or endanger said
electrical lines or the operation thereof, together with the right of ingress and egress in, over, upon and
across the adjacent land to access the Easement Area for purposes described herein.
Upon completion of any maintenance, repairs or other subsequent work within the Easement
Area, Grantee shall promptly repair any material damage to the Easement Area and/or any other portion
of Grantor's Property caused by such work so as to restore the Area to substantially the same condition it
was in prior to commencement of such maintenance, repairs, or other work.
Grantor covenants for Grantor and Grantor's successors and assigns, not to place or maintain any
building, structure, or any other obstruction on or within the Easement Area, to grant such rights to a third
Page I of 2
Vol. 198 pg. 15,%
party or to use the surface of the Easement Area for any purpose that would interfere with or prevent the
use by the CITY OF BRYAN of the Easement Area for the purposes set forth herein. Grantor shall have
the right to use the surface of the Easement Area for private streets, roads, driveways, alleys, walks,
gardens, lawns, plantings or park areas and any other like uses that do not interfere with the easements
granted herein.
To have and to hold unto the said CITY OF BRYAN, its successors and assigns, so long as the
rights and easement herein granted shall be used or are useful to the CITY OF BRYAN for the purposes
herein granted upon the property herein described; and except as herein limited, Grantor hereby binds
Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all and singular the said
premises to the CITY OF BRYAN, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
Grantor hereby covenants with, represents and warrants to said CITY OF BRYAN, that Grantor
has good and marketable title to the property herein described, and has the unqualified right to grant the
privileges herein contained.
The CITY OF BRYAN shall have the right to assign all or part of the rights granted to it by the
terms of this agreement.
This agreement and all covenants and obligations herein shall be binding upon and shall inure to the
benefit of the respective successors and assigns of each of the parties.
IN WITNESS WHEREOF, Grantor executes this instrument this 25 day of February, 2014.
GRANTOR:
BRAZOS COUNTY, TEXAS
By: Duane Peters, County Judge
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on this day of 2014, by
Duane Peters, County Judge, on behalf of Brazos County Texas.
Notary Public, State of Texas
Page z oJz
Vol. 198 Pg. /S�
EXHIBIT "A"
BRYAN TEXAS UTILITES
20' WIDE ELECTRIC EASEMENT
BEING 0.02 OF ONE ACRE
OUT OF
RESERVE TRACT 4
MILLICAN NORTH
VOLUME 952, PAGE 661
A. MILLICAN LEAGUE, A - 39
BRAZOS COUNTY, TEXAS
AUGUST 19, 2013
All that certain lot, tract or parcel of land being 0.02 of one acre situated in the A. MILLICAN
LEAGUE, Abstract No. 39, Brazos County, Texas, and being a part of Millican North, Reserve
Tract 4, according to the Final Plat recorded in Volume 952, Page 661, of the Official Records of
Brazos County, Texas, said 0.02 of one acre easement being more particularly described by
metes and bounds as follows:
BEGINNING at a calculated point for the northwesterly corner, said corner being located in an
interior west line of said Reserve Tract 4 and being located in the east line of the Irene Loftin
Neal Swan Called 1.641 acre tract as described in Volume 326, Page 593, the calculated
northeast corner of said Called 1.641 acre tract bears N 02 " 09 '25 " W a distance of 250.83
feet, a' /" Iron Rod found for an interior corner of said Reserve Tract 4 bears N 52 ° 08 ' 59 " W
a distance of 390.18 feet;
THENCE S 78 " 40'42 " E, along an existing City of Bryan 60' Electric Easement of record in
Volume 215, Page 551, a distance of 42.77 feet to a calculated point for the northeasterly
corner, said corner being located in an interior east line of said Reserve Tract 4 and being
located in the west line of Reserve Tract 2 of said Millican North, a calculated interior corner of
said Reserve Tract 4 bears N 03 ` 37 ' 15 " W a distance of 42.69 feet, a 1" Iron Pipe found for
reference bears N 78 " 26 '58 " E a distance of 270.03 feet;
THENCE S 03 " 37' 15 " E, along an interior east line of said Reserve Tract 4 and the west line
of said Reserve Tract 2 a distance of 20.70 feet to a calculated point for the southeast corner, a
calculated exterior corner of said Reserve Tract 4 bears S 03 ° 37 ' 15 " E a distance of 203.95
feet, a 1" Iron Pipe found for reference bears S 55 ° 35 ' 39 " E a distance of 339.52 feet;
THENCE N 78 ° 40'42 " W, a distance of 43.31 feet to a calculated point for the southwesterly
corner, said corner being located in the east line of said Called 1.641 acre tract;
THENCE N 02 ° 09 '25 " W, along the east line of said Called 1.641 acre tract a distance of
20.57 feet TO THE PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.02 OF ONE
ACRE OF LAND, MORE OR LESS, according to a survey performed during August 2013, under
the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. North
orientation is based on rotating the northwest line of the Reserve Tract 4 to grid north, NAD83,
Texas State Plane, Central Zone, as derived by GPS observations. For other information, see
accompanying plat.
Vol. 198 Pg. %��
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Vol. 198 Pg. I L
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPAR'T'MENT: Road & Bridge
MEETING DATE: February 25, 2014
SUBJECT: BTU Easement — 0.12 acres
Consider and take action on the 0.12 acre BTU easement across County owned property
located on Kathy Fleming Road. BTU will be upgrading their transmission line and
need an additional 20' along existing easement. Site is located in Precinct 1.
SUBMITTED BY:
Joe Sahato
Right of Way Agent
This request
APPROVED BY:
Lloyd Wassermann
Commissioner Precinct 1
❑ by Commissioners' Court
Duane Peters, County Judge
DATE:
Vol. 198 Pg. / /P/
S.T. 111-011ETT & ASSOCIATES
® &= APR RAI 5ALS. 8RCNERAGE h PIGR 1-11-VIAV AC:)Ui 51 f IIINS
December 7` ", 2013
Mr. James Tanneberger
Division Manager, Transmission
Bryan Texas UtilitiesoPER7Y V'r93 fFpP1vrzSFC c/s oNE TRACT
P.O. Box 1000 / 3vr MA-OE /p of r#e Fottw -a14 7RAC7S
Bryan, Texas 77805 / O.YS r 01 13 , 0. /2 4' 0, 02
Re: An appraisal of just compensation for a 0.11170002 acre BTU electric transmission easement
to be acquired out of a +/- 136.06 acre tract located within the A. Millican Survey, A -39,
Brazos County, Texas
Dear Mr. Tanneberger:
At your request and authorization, I have prepared a Summary Appraisal of the above
referenced property. The purpose of this appraisal is to estimate the total compensation due
the property owner for the easement rights to be acquired. Since the proposed acquisition is
of less than the Whole Property, then any special benefits and /or damages to the remainder
property was included in accordance with the laws of Texas.
At your request, this is a Summary Appraisal Report intended to comply with Standard Rule 2-
2(b) of the Uniform Standards of Professional Appraisal Practice (USPAP). As such, it presents
sufficient information to enable the client and other intended users, as identified, to understand
it properly.
I have personally inspected the subject property and gathered and analyzed all the necessary
data to arrive at an opinion of total compensation. Based upon this investigation, it is my
opinion the total compensation due the property owner for the rights to be acquired was as
follows:
SEVEN TH IOUSAND FIVE HUNDRED AND TWO ($7,502) DOLLARS
I appreciate the opportunity to provide this service for you and look forward to future
consultations at your request.
Sincerely yours,
Steven Trent Lovett
State Certified General Real Estate Appraiser
TX- 1322517 -G
Vol. 198 Pg. /LI-
T—" s :^•lti./� ,A'1 }f 101 r'9 y.�:: / [Y"°p •iR� �,'Vw�+rx{I
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
BRYAN TEXAS UTILITIES
ELECTRICAL AND RIGHT- OF-WAY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
That the County of Brazos, State of Texas, (hereinafter called Grantor, whether one or more), for
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted and conveyed and by these presents does gram and convey unto the CITY OF BRYAN, TEXAS,
a Texas Home Rule Municipal Corporation, doing business as "Bryan Texas Utilities" an ELECTRICAL
EASEMENT and right -of -way to enter upon and to erect, construct, maintain, install, relocate,
reconstruct, operate, inspect, replace, repair, patrol, and remove Utility Facilities and a service road, upon,
over, under and across the tract or parcel of land described below, to wit:
All that certain lot, tract or parcel of land being 0.12 acres, more or less, of land situated in the
Andrew Millican League, Abstract No. 39, Brazos County, Texas, and being a part of Millican North,
Reserve Tract 5A, described in the Replat recorded in Volume 11438, Page 208, of the Deed /Official
Records of Brazos County, Texas (hereinafter the "Easement Area "). Said Easement Area being more
particularly described by metes and bounds set forth on "Exhibit A" and a Survey Plat on "Exhibit B"
attached hereto and made apart hereof for all purposes.
For purposes of this Easement grant, the phrase "Utility Facilities" shall mean and include electrical
distribution lines and/or transmission lines, a variable of number of cables, conductors or wires,
insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props,
guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and/or
communication.
Grantor hereby grants unto said CITY OF BRYAN, its successors and assigns, the right at any
and all times to trim and/or remove without payment thereof, all trees, underbrush, or other similar or
dissimilar obstructions upon the Easement Area and to trim and/or remove such hazardous trees on the
adjacent land as in the judgment of said CITY OF BRYAN would interfere with or endanger said
electrical lines or the operation thereof, together with the right of ingress and egress in, over, upon and
across the adjacent land to access the Easement Area for purposes described herein.
Upon completion of any maintenance, repairs or other subsequent work within the Easement
Area, Grantee shall promptly repair any material damage to the Easement Area and/or any other portion
of Grantor's Property caused by such work so as to restore the Area to substantially the same condition it
was in prior to commencement of such maintenance, repairs, or other work.
Grantor covenants for Grantor and Grantor's successors and assigns, not to place or maintain any
building, structure, or any other obstruction on or within the Easement Area, to grant such rights to a third
Page I aft
Vol. 198 Pg. 16�
party or to use the surface of the Easement Area for any purpose that would interfere with or prevent the
use by the CITY OF BRYAN of the Easement Area for the purposes set forth herein. Grantor shall have
the right to use the surface of the Easement Area for private streets, roads, driveways, alleys, walks,
gardens, lawns, plantings or park areas and any other like uses that do not interfere with the easements
granted herein.
To have and to hold unto the said CITY OF BRYAN, its successors and assigns, so long as the
rights and easement herein granted shall be used or are useful to the CITY OF BRYAN for the purposes
herein granted upon the property herein described; and except as herein limited, Grantor hereby binds
Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all and singular the said
premises to the CITY OF BRYAN, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
Grantor hereby covenants with, represents and warrants to said CITY OF BRYAN, that Grantor
has good and marketable title to the property herein described, and has the unqualified right to grant the
privileges herein contained.
The CITY OF BRYAN shall have the right to assign all or part of the rights granted to it by the
terms of this agreement.
This agreement and all covenants and obligations herein shall be binding upon and shall inure to the
benefit of the respective successors and assigns of each of the parties.
IN WITNESS WHEREOF, Grantor executes this instrument this 25 day of February, 2014.
GRANTOR:
BRAZOS COUNTY. TEXAS
By: Duane Peters, County Judge
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on this day of 2014, by
Duane Peters, County Judge, on behalf of Brazos County Texas.
Notary Public, State of Texas
Vol. 198 Pg. 14i Page 2nfl
EXHIBIT "A"
BRYAN TEXAS UTILITIES
20' WIDE ELECTRIC EASEMENT
BEING 0.12 OF ONE ACRE
OUT OF
RESERVE TRACT 5A
BEING A REPLAT OF LOT 5 OF
MILLICAN NORTH
VOLUME 11438, PAGE 208
A. MILLICAN LEAGUE, A - 39
BRAZOS COUNTY, TEXAS
AUGUST 19, 2013
All that certain lot, tract or parcel of land being 0.12 of one acre situated in the A, MILLICAN
LEAGUE, Abstract No. 39, Brazos County, Texas, and being a part of Millican North, Reserve
Tract 5A, according to the Replat recorded in Volume 11438, Page 208, of the Official Records
of Brazos County, Texas, said 0.12 of one acre easement being more particularly described by
metes and bounds as follows:
BEGINNING at a calculated point for the northwesterly corner, said comer being located in a
northwesterly line of said Reserve Tract 5A and being located in the southeast line of Reserve
Tract 56, a'' /:" Iron Rod with Cap found for an interior corner of said Reserve Tract 5A bears
N 42 ° 14 ' 04 " E a distance of 233.20 feet;
THENCE S 78 ° 40' 42 " E, along an existing City of Bryan 60' Electric Easement of record in
Volume 215, Page 551, a distance of 265.39 feet to a calculated point for the northeasterly
corner, said corner being located in the southeast line of said Reserve Tract 5A and being
located in a northwest line of Reserve Tract 4 of Millican North, of record in Volume 952, Page
661, a'' /2" Iron Rod found for the northeast corner of said Reserve Tract 5A bears
N 24 ° 06 ' 27 " E a distance of 987.00 feet;
THENCE S 24 0 06 27 W, along the southeast line of said Reserve Tract 5A and the
northwest line of said Reserve Tract 4 a distance of 20.51 feet to a calculated point for the
southeast corner, a'' /" Iron Rod found for the southeast corner of said Reserve Tract 5A bears
S 24 ° 06 '27 " W a distance of 267.95 feet;
THENCE N 78 ° 40' 42 " W, a distance of 272.91 feet to a calculated point for the southwesterly
corner, said corner being located in a northwest line of said Reserve Tract 5A and the southeast
line of said Reserve Tract 5B, a 'jV" Iron Rod with Cap found for the south corner of said
Reserve Tract 5B bears S 42 ° 14 '04 " W a distance of 111.17 feet;
THENCE N 42 0 � „ 14 04 E, along a northwesterly line of said Reserve Tract 5A and the
southeast line of said Reserve Tract 5B a distance of 23.31 feet TO THE PLACE OF
BEGINNING AND CONTAINING AN AREA OF 0.12 OF ONE ACRE OF LAND, MORE OR
LESS, according to a survey performed during August 2013, under the supervision of H. Curtis
Strong, Registered Professional Land Surveyor No. 4961. North orientation is based on rotating
the southeast line of the Reserve Tract 5A to grid north, NAD83, Texas State Plane, Central
Zone, as derived by GPS observations. For other information, see accompanying plat.
Vol. 198 Pg.
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Vol. 198 Pg. —z-61
DEPARTMENT:
MEETING DATE:
SUBJECT:
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
February 25, 2014
BTU Easement — 0.08 acres
Consider and take action on the 0.08 acre BTU easement across County owned property
located on Kathy Fleming Road. BTU will be upgrading their transmission line and
need an additional 20' along existing easement. Site is located in Precinct 1.
SUBMITTED BY:
J V. Salvato
Right of Way Agent
APPROVED BY:
Lloyd assermann
Commissioner Precinct 1
This request is E APPPROVED / DENIED El
by Commissioners' Court
Duane Peters, County Judge
DATE:
Vol. 198 Pg. 14b
S.T. LOVETT
& ASSOCIATES
® APPRAISALS. BROKERAGE h RIGHT -OF -WAY ACQUI51TION5
December 10", 2013
Mr. James Tanneberger
Division Manager, Transmission
Bryan Texas Utilities
P.O. Box 1000
Bryan, Texas 77805
Re. An appraisal of just compensation for a 0.08 acre BTU electric transmission easement
to be acquired out of a +/- 10.00 acre tract located within the A. Millican Survey, A -39,
Brazos County, Texas
Dear Mr. Tanneberger
At your request and authorization, I have prepared a Summary Appraisal of the above
referenced property. The purpose of this appraisal is to estimate the total compensation due
the property owner for the easement rights to be acquired. Since the proposed acquisition is
of less than the Whole Property, then any special benefits and /or damages to the remainder
property was included in accordance with the laws of Texas.
At your request, this is a Summary Appraisal Report intended to comply with Standard Rule 2-
2(b) of the Uniform Standards of Professional Appraisal Practice (USPAP). As such, it presents
sufficient information to enable the client and other intended users, as identified, to understand
it properly.
I have personally inspected the subject property and gathered and analyzed all the necessary
data to arrive at an opinion of total compensation. Based upon this investigation, it is my
opinion the total compensation due the property owner for the rights to be acquired was as
follows:
TWO THOUSAND ONE HUNDRED AND TWELVE ($2,112) DOLLARS
I appreciate the opportunity to provide this service for you and look forward to future
consultations at your request:
Sincerely yours,
Steven Trent Lovett
State Certified General Real Estate Appraiser
TX- 1322517 -G
Vol. 198 pg. %G '�
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
BRYAN TEXAS UTILITIES
ELECTRICAL AND RIGHT -OF -WAY EASEMENT
STATE OF TEXAS §
§. KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
That the County of Brazos, State of Texas, (hereinafter called Grantor, whether one or more), for
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted and conveyed and by these presents does grant and convey unto the CITY OF BRYAN, TEXAS,
a Texas Home Rule Municipal Corporation, doing business as "Bryan Texas Utilities" an ELECTRICAL
EASEMENT and right -of -way to enter upon and to erect, construct, maintain, install, relocate,
reconstruct, operate, inspect, replace, repair, patrol, and remove Utility Facilities and a service road, upon,
over, under and across the tract or parcel of land described below, to wit:
All that certain lot, tract or parcel of land being 0.08 acres, more or less, of land situated in the
Andrew Millican League, Abstract No. 39, Brazos County, Texas, and being a part of Millican North,
Reserve Tract 6, described in the Final Plat recorded in Volume 952, Page 661, of the Deed/Official
Records of Brazos County, Texas (hereinafter the "Easement Area "). Said Easement Area being more
particularly described by metes and bounds set forth on "Exhibit A" and a Survey Plat on "Exhibit B"
attached hereto and made a part hereof for all purposes.
For purposes of this Easement grant, the phrase "Utility Facilities" shall mean and include electrical
distribution lines and /or transmission lines, a variable of number of cables, conductors or wires,
insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props,
guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and /or
communication.
Grantor hereby grants unto said CITY OF BRYAN, its successors and assigns, the right at any
and all times to trim and/or remove without payment thereof; all trees, underbrush, or other similar or
dissimilar obstructions upon the Easement Area and to trim and/or remove such hazardous trees on the
adjacent land as in the judgment of said CITY OF BRYAN would interfere with or endanger said
electrical lines or the operation thereof, together with the right of ingress and egress in, over, upon and
across the adjacent land to access the Easement Area for purposes described herein.
Upon completion of any maintenance, repairs or other subsequent work within the Easement
Area, Grantee shall promptly repair any material damage to the Easement Area and /or any other portion
of Grantor's Property caused by such work so as to restore the Area to substantially the same condition it
was in prior to commencement of such maintenance, repairs, or other work.
Grantor covenants for Grantor and Grantor's. successors and assigns, not to place or maintain any
building, structure, or any other obstruction on or within the Easement Area, to grant such rights to a third
Page l of 2
Vol. •198 Pg. 1171
party or to use the surface of the Easement Area for any purpose that would interfere with or prevent the
use by the CITY OF BRYAN of the Easement Area for the purposes set forth herein. Grantor shall have
the right to use the surface of the Easement Area for private streets, roads; driveways, alleys, walks,
gardens, lawns, plantings or park areas and any other like uses that do not interfere:vvith the easements
granted herein.
To have and to hold unto the said CITY OF BRYAN,'its successors and assigns, so long as the
rights and easement herein granted shall be used or are useful to the CITY OF BRYAN for the purposes
herein granted upon the property herein described; and except as herein limited, Grantor hereby binds
Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all and singular the said
premises to the CITY OF BRYAN, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
Grantor hereby covenants with, represents and warrants to said CITY OF BRYAN, that Grantor
has good and marketable title to the property herein described, and has the unqualified right to grant the
privileges herein contained.
The CITY OF BRYAN shall have the right to assign all or part of the rights granted to it by the
terms of this agreement.
This agreement and all covenants and obligations herein shall be binding upon and shall inure to the
benefit of-the respective successors and assigns of each of the parties.
.'N WITNESS WHEREOF, Grantor executes this - instrument this 25 day of February, 2014.
GRANTOR:
BRAZOS COUNTY, TEXAS
By: Duane Peters, County Judge
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this day of ____ _
2014, by
Duane Peters, County Judge, on behalf of Brazos County Texas.
Notary Public, State of Texas
Page 2 of 2
Vol. 198 Pg. %72
EXHIBIT "A"
BRYAN TEXAS UTILITES
20' WIDE ELECTRIC EASEMENT
BEING 0.08 OF ONE ACRE
OUT OF
RESERVE TRACT 6
MILLICAN NORTH
VOLUME 952, PAGE 661
A. MILLICAN LEAGUE, A - 39
BRAZOS COUNTY, TEXAS
AUGUST 30, 2013
All that certain lot, tract or parcel of land being 0.08 of one acre situated in the A. MILLICAN
LEAGUE, Abstract No, 39, Brazos County, Texas, and being a part of Millican North, Reserve
Tract 6, according to the Final Plat recorded in Volume 952, Page 661, of the Official Records of
Brazos County, Texas, said 0.08 of one acre easement being more particularly described by
metes and bounds as follows:
BEGINNING at a calculated point for the northwesterly corner, said corner being located in the
west line of said Reserve Tract 6 and the occupied east line of the James B. Nail and wife,
Janna M. Nail Called 40.00 acre tract of record in Volume 8731, Page 54, a' /" Iron Rod found
for the north corner of said Reserve Tract bears N 02 " 56 ' 19 " W a distance of 119.41 feet;
THENCE S 78 ° 40'42 " E, along the southwest line of an existing City of Bryan 60' Electric
Easement of record in Volume 215, Page 551 a distance of 163.86 feet to a calculated point for
the northeasterly comer, said corner being located in the northeast tine of said Reserve Tract 6
and the southwest right -of -way line of Kathy Fleming Road;
THENCE S 47 " 45 54 E, along the northeast line of said Reserve Tract 6 and the southwest
line of said Kathy Fleming Road a distance of 38.93 feet to a calculated point for the
southeasterly comer, a'' /z' Iron Rod found for the southeast corner of said Reserve Tract 6
bears S 47 " 45' 54 " E a distance of 1060.76 feet;
THENCE N 78 " 40'42 W, a distance of 192.18 feet to a calculated point for the southwesterly
corner, said corner being located in the west line of said Reserve,Tract 6 and the occupied east
line of said Called 40.00 acre tract, a W Iron Rod found for the southwest corner of said
Reserve Tract 6 bears S 02 ° 56 ' 19 " E a distance of 792.80 feet;
THENCE N 02 " 56' 19 " W, along the west line of said Reserve Tract 6 and the occupied east
line of said Called 40.00 acre tract a distance of 20.64 feet TO THE PLACE OF BEGINNING
AND CONTAINING AN AREA OF 0.08 OF ONE ACRE OF LAND, MORE OR LESS, according
to a survey performed during August 2013, under the supervision of H. Curtis Strong,
Registered Professional Land Surveyor No. 4961. North orientation is based on rotating the
west line of Reserve Tract 6 to grid north, NAD83, Texas State Plane, Central Zone, as derived
by GPS observations. For other information, see accompanying plat.
Vol. 198 Pg. l`'
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Vol. 198 Pg. /7V
DEPARTMENT:
MEETING DATE:
SUBJECT:
N
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
February 25, 2014
BTU Easement — 0.13 acres
Consider and take action on the 0.13 acre BTU easement across County owned property
located on Kathy Fleming Road. BTU will be upgrading their transmission line and
need an additional 20' along existing easement. Site is located in Precinct 1.
SUBMITTED BY:
Vf
J V. Salvato
Right of Way Agent
APPROVED BY:
Lloy Wassermann
Commissioner Precinct 1
This request is 2 PROVED / DENIED El by Commissioners' Court
Duane Peters, County Judge
DATE: a�z /iL
Vol. 198 Pg. / 75r
® & ASSOCIATES
%X ® I=APPRAISAL5. 9ROXERAGE 1, FIGNFOf -1011 A :OUI5 :TION9
December 7'h, 2013
Mr. James Tanneberger
Division Manager, Transmission
Bryan Texas UtilitiesoPER7y W� f}PPI+1r =SFO as otrP 7RAG7
P.O. Box 1000 Sur MA-M ✓D of T#E Fogy 0O -'Wc 7Rncrs
Bryan, Texas 77805 0. Ys r O, 13 , 0, 12 + O, 02
Re: An appraisal of just compensation for a 0.72 acre BTU electric transmission easement
to be acquired out of a +/- 136.06 acre tract located within the A. Millican Survey, A -39,
Brazos County, Texas
Dear Mr. Tanneberger:
At your request and authorization, I have prepared a Summary Appraisal of the above
referenced property. The purpose of this appraisal is to estimate the total compensation due
the property owner for the easement rights to be acquired. Since the proposed acquisition is
of less than the Whole Property, then any special benefits and/or damages to the remainder
property was included in accordance with the laws of Texas.
At your request, this is a SummaryAppraisa / Report intended to comply with Standard Rule 2-
2(b) of the Uniform Standards of Professional Appraisal Practice (USPAP). As such, it presents
sufficient information to enable the client and other intended users, as identified, to understand
it properly.
I have personally inspected the subject property and gathered and analyzed all the necessary
data to arrive at an opinion of total compensation. Based upon this investigation, it is my
opinion the total compensation due the property owner for the rights to be acquired was as
follows:
SEVEN THOUSAND FIVE HUNDRED AND TWO ($7,502) DOLLARS
I appreciate the opportunity to provide this service for you and look forward to future
consultations at your request.
Sincerely yours,
, &VewV
Steven Trent Lovett
State Certified General Real Estate Appraiser
7X-1322517 -G
Vol. 198 pg. / 7 4
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
BRYAN TEXAS UTILITIES
ELECTRICAL AND RIGHT -OF -WAY EASEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS
That the County of Brazos, State of Texas, (hereinafter called Grantor, whether one or' more), for
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted and conveyed and by these presents does grant and convey unto the CITY OF BRYAN, TEXAS,
a Texas Home Rule Municipal Corporation, doing business as "Bryan Texas Utilities" an ELECTRICAL
EASEMENT and right -of -way to enter upon and to erect, construct, maintain, install, relocate,
reconstruct, operate, inspect, replace, repair, patrol, and remove Utility Facilities and a service road, upon,
over, under and across the tract or parcel of land described below, to wit:
All that certain lot, tract or parcel of land being 0.13 acres, more or less, of land situated in the
Andrew Millican League, Abstract No. 39, Brazos County, Texas, and being a part of Millican North,
Reserve Tract 2, described in the Final Plat recorded in Volume 952, Page 661, of the Deed/Official
Records of Brazos County, Texas (hereinafter the "Easement Area"). Said Easement Area being more
particularly described by metes and bounds set forth on "Exhibit A" and a Survey Plat on "Exhibit B"
attached hereto and made a part hereof for all purposes.
For purposes of this Easement grant, the phrase "Utility Facilities" shall mean and include electrical
distribution lines and /or transmission lines, a variable of number of cables, conductors or wires,
insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props,
guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and /or
communication.
Grantor hereby grants unto said CITY OF BRYAN, its successors and assigns, the right at any
and all times to trim and/or remove without payment thereof, all trees, underbrush, or other similar or
dissimilar obstructions upon the Easement Area and to trim and/or remove such hazardous trees on the
adjacent land as in the judgment of said CITY OF BRYAN would interfere with or endanger said
electrical lines or the operation thereof, together with the right of ingress and egress in, over, upon and
across the adjacent land to access the Easement Area for purposes described herein.
Upon completion of any maintenance, repairs or other subsequent work within the. Easement
Area, Grantee shall promptly repair any material damage to the Easement Area and/or any other portion
of Grantor's Property caused by such work so as to restore the Area to substantially the same condition it
was in prior to commencement of such maintenance, repairs, or other work.
Grantor covenants for Grantor and Grantor's successors and assigns, not to place or maintain any
building, structure, or any other obstruction on or within the Easement Area, to grant such rights to a third
Page 1 of7
Vol. 198 Pg. / 7-9�
party or to use the surface of the Easement Area for any purpose that would interfere with or prevent the
use by the CITY OF BRYAN of the Easement Area for the purposes set forth herein. Grantor shall have
the right to use the surface of the Easement Area for private streets, roads, driveways, alleys, walks,
gardens, lawns, plantings or park areas and any other like uses that do not interfere with the easements
granted herein.
To have and to hold unto the said CITY OF BRYAN, its successors and assigns, so long as the
rights and easement herein granted shall be used or are useful to the CITY OF BRYAN for the purposes
herein granted upon the property herein described; and except as herein limited, Grantor hereby binds
Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all and singular the said
premises to the CITY OF BRYAN, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
Grantor hereby covenants with, represents and warrants to said CITY OF BRYAN, that Grantor
has good and marketable title to the property herein described, and has the unqualified right to grant the
privileges herein contained.
The CITY OF BRYAN shall have the right to assign all or part of the rights granted to it by the
terms of this agreement.
This agreement and all covenants and obligations herein shall be binding upon and shall inure to the
benefit of the respective successors and assigns of each of the parties.
IN WITNESS WHEREOF, Grantor executes this instrument this 25 day of February, 2014.
GRANTOR:
BRAZOS COUNTY, TEXAS
By: Duane Peters, County Judge
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on this day of 2014, by
Duane Peters, County Judge, on behalf of Brazos County Texas.
Notary Public, State of Texas
Page 1 of 2
Vol. 198 Pg.I %i
EXHIBIT "A"
BRYAN TEXAS UTILITIES
20' WIDE ELECTRIC EASEMENT
BEING 0.13 OF ONE ACRE
OUT OF THE
MILLICAN NORTH
RESERVE TRACT 2
VOLUME 952, PAGE 661
A. MILLICAN LEAGUE, A - 39
BRAZOS COUNTY, TEXAS
AUGUST 19, 2013
All that certain lot, tract or parcel of land being 0.13 of one acre situated in the A. MILLICAN
LEAGUE, Abstract No. 39, Brazos County, Texas, and being a part of Millican North, Reserve
Tract 2, according to the Final Plat recorded in Volume 952, Page 661, of the Official Records of
Brazos County, Texas, said 0.13 of one acre easement being more particularly described by
metes and bounds as follows:
BEGINNING at a calculated point for the southeasterly comer, said corner being located in the
east line of said Reserve Tract 2 and being located in the west line of Reserve Tract 1 of said
Millican North, a 1" Iron Pipe found for the southeast corner of said Reserve Tract 2 bears
S 03 ° 37 ' 15 " E a distance of 137.78 feet;
THENCE N 78 " 40'42 " W, a distance of 276.80 feet to a calculated point for the southwesterly
comer, said corner being located in the west line of said Reserve Tract 2 and being located in
an easterly line of Reserve Tract 4 of said Millican North, the calculated southwest corner of
said Reserve Tract 2 bears S 03 ° 37 ' 15 " E a distance of 203.95 feet;
THENCE N 03 ° 37 ' 15 " W, along the west line of said Reserve Tract 2 and an easterly line of
said Reserve Tract 4 a distance of 20.70 feet to a calculated point for the northwest corner, the
calculated northwest comer of said Reserve Tract 2 bears N 03 ° 37 ' 15 " W a distance of 42.69
feet;
THENCE S 78 ° 40'42 " E, along an existing City of Bryan 60' Electric Easement of record in
Volume 215, Page 551, a distance of 276.80 feet to a calculated point for the northeasterly
corner, said comer being located in the east line of said Reserve Tract 2 and the west line of
said Reserve Tract 1, a 1" Iron Pipe found for the northeast corner of said Reserve Tract 2
bears N 03 ° 37 ' 15 " W a distance of 108.63 feet;
THENCE S 03 ° 37' 15 " E, along the east line of said Reserve Tract 2 and the west line of said
Reserve Tract 1 a distance of 20.70 feet TO THE PLACE OF BEGINNING AND CONTAINING
AN AREA OF 0.13 OF ONE ACRE OF LAND, MORE OR LESS, according to a survey
performed during August 2013, under the supervision of H. Curtis Strong, Registered
Professional Land Surveyor No. 4961. North orientation is based on rotating the west line of the
Reserve Tract 2 to grid north, NAD83, Texas State Plane, Central Zone, as derived by GPS
observations. For other information, see accompanying plat.
Vol. 198 Pg. / V
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Vol. 198 Pg.
DEPARTMENT:
MEETING DATE:
SUBJECT:
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
February 25, 2014
BTU Easement — 0.45 acres
Consider and take action on the 0.45 acre BTU easement across County owned property
located on Kathy Fleming Road. BTU will be upgrading their transmission line and
need an additional 20' along existing easement. Site is located in Precinct 1.
SUBMITTED BY:
4 8, 9L
J /NT. Salvato
Right of Way Agent
This request
APPROVED BY:
Lloy Wassermann
Commissioner Precinct 1
/ DENIED ❑ by Commissioners' Court
Duane Peters, County Judge
DATE: ,.lr�Zy
Vol. 198 Pg. / 8Z'
%WF ® N= APPRAISALS. SROVERAGE A RIGHT -0F -WAV A, ,OUISM N5
December 7", 2013
Mr. James Tanneberger
Division Manager, Transmission =
Bryan Texas UtilitiesaPE/LTy W� f�PPt SFD pS o�71�tRGaeis
P.O. Box 1000 gvr MAoe ✓P OF rfrt
Bryan, Texas 77805 / 0 "(5 r 0• 13 r C),17- t v o2
Re: An appraisal of just compensation for a 0.1762 acre BTU electric transmission easement
to be acquired out of a +/- 136.06 acre tract located within the A. Millican Survey, A -39,
Brazos County, Texas
Dear Mr. Tanneberger:
At your request and authorization, I have prepared a Summary Appraisal of the above
referenced property. The purpose of this appraisal is to estimate the total compensation due
the property owner for the easement rights to be acquired. Since the proposed acquisition is
of less than the Whole Property, then any special benefits and /or damages to the remainder
property was included in accordance with the laws of Texas.
At your request, this is a Summary Appraisal Report intended to comply with Standard Rule 2-
2(b) of the Uniform Standards of Professional Appraisal Practice (USPAP). As such, it presents
sufficient information to enable the client and other intended users, as identified, to understand
it properly.
I have personally inspected the subject property and gathered and analyzed all the necessary
data to arrive at an opinion of total compensation. Based upon this investigation, it is my
opinion the total compensation due the property owner for the rights to be acquired was as
follows:
SEVEN THOUSAND FIVE HUNDRED AND TWO ($7,502) DOLLARS
I appreciate the opportunity to provide this service for you and look forward to future
consultations at your request.
Sincerely yours,
�rvP.w /irirv��ove�
Steven Trent Lovett
State Certified General Real Estate Appraiser
TX- 1322517 -G
Vol. 198 PR. / f3
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t'd 1 >:,
,.
1.
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
BRYAN TEXAS UTILITIES
ELECTRICAL AND RIGHT -OF -WAY EASEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
That the County of Brazos, State of Texas, (hereinafter called Grantor, whether one or more), for
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
granted and conveyed and by these presents does grant and convey unto the CITY OF BRYAN, TEXAS,
a Texas Home Rule Municipal Corporation, doing business as "Bryan Texas Utilities" an ELECTRICAL
EASEMENT and right-of-way to enter upon and to erect, construct, maintain, install, relocate,
reconstruct, operate, inspect, replace, repair, patrol, and remove Utility Facilities and a service road, upon,
over, under and across the tract or parcel of land described below, to wit:
All that certain lot, tract or parcel of land being 0.45 acres, more or less, of land situated in the
Andrew Millican League, Abstract No. 39, Brazos County, Texas, and being a part of Millican North,
Reserve Tract 4, described in the Final Plat recorded in Volume 952, Page 661, of the Deed /Official
Records of Brazos County, Texas (hereinafter the "Easement Area "). Said Easement Area being more
particularly described by metes and bounds set forth on "Exhibit A" and a Survey Plat on "Exhibit B"
attached hereto and made a part hereof for all purposes.
For purposes of this Easement grant, the phrase "Utility Facilities" shall mean and include electrical
distribution lines and /or transmission lines, a variable of number of cables, conductors or wires,
insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props,
guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and/or
communication.
Grantor hereby grants unto said CITY OF BRYAN, its successors and assigns, the right at any
and all times to trim and/or remove without payment thereof, all trees, underbrush, or other similar or
dissimilar obstructions upon the Easement Area and to trim and/or remove such hazardous trees on the
adjacent land as in the judgment of said CITY OF BRYAN would interfere with or endanger said
electrical lines or the operation thereof, together with the right of ingress and egress in, over, upon and
across the adjacent land to access the Easement Area for purposes described herein.
Upon completion of any maintenance, repairs or other subsequent work within the Easement
Area, Grantee shall promptly repair any material damage to the Easement Area and /or any other portion
of Grantor's Property caused by such work so as to restore the Area to substantially the same condition it
was in prior to commencement of such maintenance, repairs, or other work.
Grantor covenants for Grantor and Grantor's successors and assigns, not to place or maintain any
building, structure, or any other obstruction on or within the Easement Area, to grant such rights to a third
Page I of 2
Vol. 198 pg. / �S
party or to use the surface of the Easement Area for any purpose that would interfere with or prevent the
use by the CITY OF BRYAN of the Easement Area for the purposes set forth herein. Grantor shall have
the right to use the surface of the Easement Area for private streets, roads, driveways, alleys, walks,
gardens, lawns, plantings or park areas and any other like uses that do not interfere with the easements
granted herein.
To have and to hold unto the said CITY OF BRYAN, its successors and assigns, so long as the
rights and easement herein granted shall be used or are useful to the CITY OF BRYAN for the purposes
herein granted upon the property herein described; and except as herein limited, Grantor hereby binds
Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all and singular the said
premises to the CITY OF BRYAN, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
Grantor hereby covenants with, represents and warrants to said CITY OF BRYAN, that Grantor
has good and marketable title to the property herein described, and has the unqualified right to grant the
privileges herein contained.
The CITY OF BRYAN shall have the right to assign all or part of the rights granted to it by the
terns of this agreement.
This agreement and all covenants and obligations herein shall be binding upon and shall inure to the
benefit of the respective successors and assigns of each of the parties.
IN WITNESS WHEREOF, Grantor executes this instrument this 25 day of February, 2014.
GRANTOR:
BRAZOS COUNTY, TEXAS
By: Duane Peters, County Judge
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on this day of 2014, by
Duane Peters, County Judge, on behalf of Brazos County Texas.
Notary Public, State of Texas
Page Z of 2
Vol. 198 Pg. / ��
EXHIBIT "A"
BRYAN TEXAS UTILITES
20' WIDE ELECTRIC EASEMENT
BEING 0.45 OF ONE ACRE
OUT OF
RESERVE TRACT 4
MILLICAN NORTH
VOLUME 952, PAGE 661
A. MILLICAN LEAGUE, A - 39
BRAZOS COUNTY, TEXAS
AUGUST 19, 2013
All that certain lot, tract or parcel of land being 0.45 of one acre situated in the A. MILLICAN
LEAGUE, Abstract No. 39, Brazos County, Texas, and being a part of Millican North, Reserve
Tract 4, according to the Final Plat recorded in Volume 952, Page 661, of the Official Records of
Brazos County, Texas, said 0.45 of one acre easement being more particularly described by
metes and bounds as follows:
BEGINNING at a calculated point for the northwesterly corner, said corner being located in a
northwesterly line of said Reserve Tract 4 and the southeast line of Reserve Tract 5A of record
in Volume 11438, Page 208, a %" Iron Rod found for an interior corner of said Reserve Tract 4
bears N 24 ° 06' 27 " E a distance of 987.00 feet;
THENCE S 78 ° 40' 42 " E, along an existing City of Bryan 60' Electric Easement of record in
Volume 215, Page 551, a distance of 986.01 feet to a calculated point for the northeast corner,
said corner being located in an interior east line of said Reserve Tract 4 and being located in the
west line of the James Lewis McCoy, Jr. Called 1.641 acre tract of record in Volume 8715, Page
23, a Yi' Iron Rod found for the northwest comer of said Called 1.641 acre tract bears
N 02 ° 09' 25 " W a distance of 179.21 feet;
THENCE S 02 ° 09' 25" E, along an interior line of said Reserve Tract 4 and the west line of
said Called 1.641 acre tract a distance of 20.57 feet to a calculated point for the southeasterly
corner, a 1" Iron Pipe found for reference bears S 67 ° 19 ' 29 " E a distance of 676.20 feet;
THENCE N 78 ° 40' 42 " W, a distance of 995.34 feet to a calculated point for the southwesterly
corner, said corner being located in a northwesterly line of said Reserve Tract 4 and the
southeast line of said Reserve Tract 5A, a '/z" Iron Rod found for a southwesterly corner of said
Reserve Tract 4 bears S 24 ° 06 ' 27 " W a distance of 267.95 feet;
THENCE N 24 ° 06' 27 " E, along a northwesterly line of said Reserve Tract 4 and the
southeast line of said Reserve Tract 5A a distance of 20.51 feet TO THE PLACE OF
BEGINNING AND CONTAINING AN AREA OF 0.45 OF ONE ACRE OF LAND, MORE OR
LESS, according to a survey performed during August 2013, under the supervision of H. Curtis
Strong, Registered Professional Land Surveyor No. 4961. North orientation is based on rotating
the northwest line of the Reserve Tract 4 to grid north, NAD83, Texas State Plane, Central
Zone, as derived by GPS observations. For other information, see accompanying plat.
Vol. 198 Pg.
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V01.198 Pg. 115T
DEPARTMENT
MEETING DATE:
SUBJECT:
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
February 25, 2014
Utility Permit — Verizon
Consider and take action on the Verizon utility permit to install cable within and
along the south right-of-way of Roans Chapel Road for approximately 240'. This
project will provide telephone service to new customer at address #4300. Site is
located in Precinct 2.
SUBMITTED BY:
Salvato
of Way Agent
This request is
APPROVED BY:
/ DENIED ❑ bA Commissioners' Court
Duane Peters, County Judge
DATE: a 9
Vol. 198 pg. :� 5
NOTIFICATION OF PROPOSED INSTALLATION AND /OR REPAIRS
OF TELEPHONE FACILITIES AND DESIGNATING
PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Comes now Verizon [company name], hereinafter
referred to as "Company" a Texas [state] Corporation, with authority to transact
business in Texas, acting by and through its duly authorized representative, and hereby notifies the
County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under,
over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and
said location described as follows: AT A PEDESTAL ON THE SOUTH ROW OF ROANS
CHAPEL RD ACROSS FROM THE GOLDEN MIST RD INTERSECTION A SERVICE DROP
WILL BE BURIED 24" DEEP PROCEEDING EAST 3' FROM AND ALONG THE SOUTH
ROW OF ROANS CHAPEL RD FOR 125' WHERE A BORE OF 30' WILL OCCUR FROM
THIS POINT SERVICE DROP WILL PROCEED EAST FPR 100' TO POINT OF END
The location and description of the proposed installation and appurtenances must be fully shown on
detailed drawings attached to this Notification.
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 —7_ working days. (COMPANY
MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to
provide a new notice.
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 notice shall be kept at the job site any time work is being performed.
In the event of deviation from this notice, the Brazos County Engineer's Office or its designated
representative will be notified as soon as practicable.
Approval of County Engineer's Office may take as long as two weeks after complete application is
received.
Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute
grounds for job shutdown.
Vol. 198 Pg. /�W
By signing* below, I certify that I am authorized to represent the Company listed belo,,c, and that the
Company agrees to the conditions /provisions included in this notification.
or . Z�YI
Company Name
rat- ,ccr \l C
By:
'cam dc('
Signature
Title
Address
C-7c- 931 -4-7 -7 0
Telephone Number
kJ('t✓► ��� VC�,�c(o- k-t� U c:� � �z.c n cvc. �-'�
E -mail
Vol. 198 Pg. %�
ACCEPTANCE OF NOTIFICATION
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 OZ' 'I9" o20l (I except as noted
below:
EXCEPTIONS: olqc-
Br zo ounty Engineer
Vol. 198 Pg.
City of Bryan Map Uutput Page
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City of Bryan GIS
Zi P.O.BOX 1000 +
.r I Bryan,TXT %8a5 Are1MS
'LAIMER This is a product of the City of Bann GIS Departmenl.'rhe data depicted here have been
oled with extensive cooperation from other city departments. as well as other federal. state and local
nment agencies. The City of Bryan expressly disclaims respunsibility for damages or liability that may apse
the use of this map. tp�
'RIETARY INFORMATION- Any renal: of Otis information ii prohibited. except in accordance with a C l�Y OF BRYAN
V
ping agreement.
Vol. 198 Pg.3
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Vol. 198 &. /yc/,
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ( "BMP ") (EPA end 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 ofa 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 running through 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. Safer}, Requirements
I. Proper traffic control measures must be put in place prior to beginning work and remain in place during the
duration of the job, All traffic control measures must follow the Texas Manual of Uniform Traffic Control
Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precarious 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 toad. 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 Plarr
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the
following;
a. Any construction (i.e, pit, excavation, hole) left open over night, requires specific nighttime traffic control
measures pursuant to the TMUTCD;
b. if construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right -of -way;
2, Plan must be attached to the pen nit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for the job.
Vol.-198 Pg. Lf2
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 181.015,
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 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 from top
of bank to top of bank;
c, be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60'.
4. Water Lines: All water lines must be a 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 I'
Phone — 2 -4 feet, nominally 3'
Gas — 4 -6 feel, 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.
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 CUPS 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 andjoints.
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.
Vol. 198 Pg. Zfj
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 meld 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 notjeopardize 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 orjeopardize
any section of time toad (asphalt, cement, road base, etc), Company will be required to provide a performance
bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County
Engineer.
14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated
wetlands and environmentally sensitive lands.
E. Emergency work
1. in the event Company is required to perform emergency services, that requires excavation in a County Right of
Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company 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.
F. Repnirs to existingfncllities
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 Wilides:
I. 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.
Vol. 198 pg. / / ��
fl. 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
rypof Pipeline (below deepest stitch 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 requited
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 petroleums 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 198 Pg. /164�/
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BRAZOSCOUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: February 25, 2014
ITEM: Consider and take action on acceptance of a cash donation ($14,080.00) from
Laredo Energy V LP to be utilized by Road and Bridge on Edge School House Road (in FY
2014) to reinforce and/or repair roadway section affected by oil and Pas activity. Site is
located in Precinct 2.
SOURCE OF FUNDS: N/A
NOTES:
SUBMITTED BY:
j ti )?
R. Alan Munger, P
County Engineer
APPROVED BY:
n '-
a y C ena
Commissioner, Precinct 2
This Request is A RCO ;/D;ENI:E Commissioners' Court
E. Duane Peters, County udge
S
ate
Vol. 19 8 Pg. Z6, 0
Custer Right of Way Corporation
February 17, 2014
Brazos County
Re: Check Receipt Letter For:
County Road Hot -mix
Dear4Ao4ubg= I.OIJt t�4. *- 67"iC�r ed-st cX�IDDI �ol�f/ t
Please accept this Check Receipt Letter for the following payment:
Check Date Check Number Check Amount Check escriptibn
OT IT 014 005550 f14.080.00 _ Court Road Hot•mfx
Please indicate your receipt of the above described check by signing in the space below and returning this
Check Receipt Letter.
Do not hesitate to contact the undersigned if you should have any questions or concerns.
Sincerely,
Cal Smajstrla
Authorized Representative
Pipeline Department
Off: 210.545.7800
Fax: 21D.545.7807
PLEASE EVIDEN . YOUR MEIPT OF THE ABOVE DESCRIBED CHECK BY SIGNING BELOW:
Received b Date:
0 3�$i2cyS e OZttA -iy � HCr� - JtA-J . ' 09- "°°c
w I
Coat,4y road nea*- drrvewa -Y 1en7�wnU� .
12919 Jones Malleberger Road, Ste. 524, San Antonio, TX 79247.4277
Office: 210.545.7900 • Fax: 210.545.7807
Vol. 198 Pg.
LAREDO ENERGY I% LP
005550
- - VENDOR
I
I c
4
BRA013 1
ti0i,111C11 SCCU411Y FEAT UgU10 m-M10,
NUMBER. " +` a'DATEr.�d,...
• •
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+. .,..'t:TAID:N ::..f
'AMOUNT
; ...., .: PAID
U77T7M
115452 Total:
$0.00
$14,080.00
• ' •
i-1/LLIDAV&VPa2//-T I H
7136006002
Gd ,IE SCfhr7L
f�2EC�rvc r 2 .
"
~"""'""""14,080 Dollars and 00 Cents
PAY
TO THE
ORDER BRAZOS COUNTY ROAD AND BRIDGE
OF
Vol. va0
Pg.
VLgIFYAU'l 41XITY, SEE OLNEnSF.5'IWFOA0f5C"ti
ti0i,111C11 SCCU411Y FEAT UgU10 m-M10,
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~"""'""""14,080 Dollars and 00 Cents
PAY
TO THE
ORDER BRAZOS COUNTY ROAD AND BRIDGE
OF
Vol. va0
Pg.
41
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR
NO. 13/14 20.1- 20.6
On this the 25th day of February 2014 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct
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 25th day of February 2014 the Court heard and approved a budget
amendment for the 2013 -2014 budget year for Brazos County, Texas; and
NVHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 10 September 2013, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 25th day of February 2014.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
0
Duane Peters, County
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. 198 Pg. '203
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14 - 20.1
2125!2014
ACCOUNTNAME
1 1 1 111 11 . 11 11 -S:J� 1 1 -
_-- 1111111 -III_ --
_-- 11111111111111111.1_ --
1111111♦---_ - -_
Vol. 198 Pg. �
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114 - 20.2
the
Vol.-198 Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14 - 20.3
212512014
Vol.-198 Pg. 7c,56
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114 - 20.4
212 512 01 4
FUND
DIV
ACCT
PROJ
DRICR
ACCOUNT NAME
Increase
Decrease
0100
11000500
51820000
CR
Merit
1506.00
0100
24301100
51641000
DR
Visiting Judges
1,234.00
0100
24301100
53100000
DR
Social Security
94.00
0100
24301100
53200000
DR
Retirement
173.00
0100
24301100
53800000
DR
Worker's Comp
5.00
Non-Departmental and Justice of the Peace, Pct. M3
Reallocation of funds to pay for a Visiting Jude for five da s.
Vol. 198 Pg. >;
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13/14 - 20.5
2/2512014
ACCOUNTNAME
,
Vol. 198 Pg.� '�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 13114 - 20.6
2/2512014
ACCOUNT NAME Wit'
r rr rr rr rirr -� - rr
r rr •rr rr r.rri �� Office Space rr -
Vol. 198 Pg..2z57
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: February 25, 2014
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
Ag. Extension Burton, Sharon D. New Hire
Brazos Center
Stennis, Bless
Merit
Turek, Shelley
Merit
Zamora, Frank
Merit
Pre -Trial Bond
Greenlee, David
New Hire
S.O. Admin.
Bell, Matthew
Transfer wlin Dept.
Hearen, Joshua
Transfer wlin Dept.
S.O. Jail
Day, Michael
New Hire
HaMord, Jaylon
Reinstated
Patke, Michael
New Hire
Weed, Donna
Retirement
Approved in Commissioners' Court: Febr ar 25
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Vol. 198 PR. �Z�D
L. v
APPLICATION FOR ELECTRICAL UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Aso&+r
Pursuant to the Texas Utility Code, Section 181.044, comes now 79-K#% NI ✓Nddt" AwpArrompany
name], hereinafter referred to as "Company" a M6WJCXRAL [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 approval of the location to lay, construct, maintain, repair and/or operate lines
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
Cased
Aerial
Facility to Parallel County Road Within Right -Of -Way
Road Name and Block Number From To Distance
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 ood faith within 60 days from the date of said
permit and shall complete said construction/work within working days. (COMPANY MUST FILL
IN). If such construction is not begun by the 60'I' day, Company will be required to apply for anew permit.
Company declares that prior to beginning construction/work, it will 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.
Approval of County Engineer's Office may take as long as two weeks after complete application is received
Vol. 198 Pg. aZ. //
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 SAFETY AND ROAD PRESERVATION STANDARDS
FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference.
In the event Company fails to obtain apermitprior to the installation or does not install utilities in compliance with
installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility for
damages and/or destruction oflines, cables, etc. based upon its failure to compk with Brazos County' requirements.
This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in the sole
discretion of Brazos County, for interests of public health, safety ar welfare, or for failure to repair any damages
upon demand, or for any other reason deemed su fficient by Brazos County,
In the event Company fails to comply with any or all of the requirements as set forth herein, file County may take
such action as it deems appropriate to compel compliance, including injunctive relief. The County Engineer
further retains the right to revoke this Permit by verbal notification to the AppGcant/Coanpany.
Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds forjob 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.
lexoa- 11 f I
P
Phone Number
el f
Email.
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 _ 02- (S ^Lot'/ except as noted below:
(Mouth/Day/Year)
EXCEPTIONS:
91wk
r• A 4n( ✓uf'W4';d-
Brazos C ty En ii cerr
Si re
Vo1.198 Pg. L -�
Texas Municipal Power Agency (TMPA) has a transmission line between our Gibbons Creek
substation and Bryan East substation. TPMA will be replacing the shield wire (top wire)
over the following county roads:
Nunn !ones Road
Tonkaway Lake Road
Bird Pond Road
Golden Trail Road
Pate Road
Vol. 198 Pg. i ;
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.
1 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 permiltee 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 prior occupant.
5. Pernittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee
will be liable to the County or other utilities running through the right 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. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the
duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control
Devices ( TMUTCD). See Traffic Control Requirements be low.
2. During construction, all safety regulations of the Texas Department ofTransportation shall be- observed.
3. Pennittee 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 Plait
I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the
following:
a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime raffia control
measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right -of -way;
2. Plan must be attached to the permit and kept at the job site any time work is being perforated.
3. Plan must set forth the time of completion for the job.
Vol. 198 PR. 121Sl
D. Design Standards
I. 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 Texto Utilities Cade, Section 181.015.
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 stay place deeper):
a. be placed at a mininntm 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 from top
of bank to top of bank;
c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. for
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten ()0) feet from the edge of pavement. Exceptions may apply in tights of way of
less than 60'.
4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and eased. Waterlines shall
be eased 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,'17te 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.
The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer that 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.
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) feel from the edge of pavement without prior approval front 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.
Vol. 198 pg. A� ,
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
R. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the trench prim 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, ooistruction, 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 orjeopardize
any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance
bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County
Engineer.
14. The applicant shall submit a letter of "No Objection' from the Army Corps of Engineers for all designated
wetlands and environmentally sensitive lands.
E. Emergency work
1. In the event Company is required to perform emergency services, that requires excavation in a County Right of
Way, and ratable to notify the County Engineer prior to conducting emergency repairs, Company shall notify
County Engineer within 24 hours of beginning constructionlrepairs. 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.
F. Repairs to arlyling jacllifles
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 ojatif ffes:
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 ar 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.
Vol. 198 Pg. ��
H. High Pressure Pipelines
L 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. '
- dianeter
-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" minimum.
5. Under no citcuntstances 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.-198 pg.
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TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to . the Texas Utility Code, Section 181.044, comes now v of Aran
[company name], hereinafter referred to as "Company" a TexdS
[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 approval of the location to lay, construct, maintain,
repair and/or operate lines 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)
iFE -
Bored
lacked
Cased
41
Aerial
; J
4- ��, W, I—ow—
1,0
Facility to Parallel County Road Within 1EIII -Of -Way
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual constructioridwork in good faith within 60 days from the date of said permit and
shall complete said construction/work within 226— 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 beginning construction/work, it will 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.
Approval of County Engineer's Office may take as long as two weeks after complete application is received
Vol. 198 Pg.
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 SAFETY AND ROAD PRESERVATION STANDARDS
FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference.
In the event Company falls to obtain a permit prior to the installation or does not install utilities in compliance with
instatlation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility for
damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements.
This permit is a revocable permR Brazos County reserves the right to revoke this permit at any time, in the sole
discretion or Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages
upon demand, mr for any other reason deemed sufficient by Brazos County.
In the event Company falls to comply with any or all of the requirements as set forth herein, the County may take
such action as it deems appropriate to compel compliance, including injunctive relief. The County Engineer
further retains the right to re yoke this Permit by verbal notification to the Appficant/Company.
Failure to obtain thls permit and/or notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds far job shutdown.
By signing below, I certify that t am authorized to represent the Company listed below, and that the Company agrees
to the conditions /provisions included in this permit.
Crry o- 6emgiv (btu)
Company Name
JdMr`L � nhebe,ra r -- _
Bjit-ure" T
T itle (/
Address
113
Cit state zip
_9 - jai- 5,7�y3
Phone Numiher
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 OS' / 4 — j Y except as noted below:
(Month/Day /Year)
EXCEPTIONS:
gutve
J44
Braz Count r ine�
ature
Vol. 198 Pg. `' -)�
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„a t
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Regrrirerrreals
1. Adequate drainage shall be maintained in ditches at all tunes.
2. Pennittee 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 permiuee 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. Pennittee shall not interfere with other utilities located in the right of way. In the event damages occur, permiltee
will be liable to the County or other utilities running through 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. Safety RegWremenls
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. Pennittee 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
I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the
following;
a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific ni hg rime traffic control
measures pursuant to the TMUTCD;
b. lfconst•uction is within ten (10) feet ofthe roadway; or
c. Any work performed in the road right -of -way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for the job.
Vol. 198 Pg. � �
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 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 f on top
of bank to top of bank;
c. be at least forty -eight (48) inches below ditch now line if low pressure gas or petroleum tines. 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 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 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.
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 (I) inch. Brazos Comity must be given 24 hours notice of pressure grouting operations
and have the opportunity to have an inspector on site to observe pressure grouting operations;
C. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits
a. no pits shall remain open longer than 2 days;
b, all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
C. pits shall NOT be located within ten (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.
1) V
Vol.-198 Pg.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
C. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the trench
will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material
as soon as weather permits;
e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County
Engineer or his representatives.
f No side or lateral tamping to rill 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 andior 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. [tithe event said construction and/or maintenance mud /or repair requires Company to remove, cut orjeopardize
any section of the road (asphalt, cement, road base, etc), Company will be required to provide a peufomrance
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 (lie Anny Corps of Engineers for all designated
wetlands and environmentally sensitive lands.
E, Enrergeney work
I. 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 constructionlrepairs. 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.
F. Repairs to existing fuefi fles
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 talliflesr
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 firm 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.
Vol. 198 Pg.
f1. Nigh Pressure Pipelines
I. 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 deenest ditch erade) Special Reouirentents
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 titan 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. 198 Pg. %'
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DONALD LAMPO
CONSTABLE
PRECINCT 2 - BRAZOS COUNTY
200 S. TEXAS AVE., STE. 151
BRYAN TX 77803 -5363
(979)361 -4477
(979)361 -4455 FAX
�L
E OF r
� f
9
oG�TY of
BRAZOS COUNTY CONSTABLE PCT.2 RACIAL PROFILING REPORT 2013 -14
TOTAL NUMBER STOPS 1516
Number of motor vehicle stops:
Race or Ethnicity:
Race or Ethnicity known prior to stop?
Citation Only 983
Arrest Only 76
Warning Only 410
Citation & Arrest 47
TOTAL: 1516
African
259
Asian
21
Caucasian
1114
Hispanic
105
Middle East
11
Native American
l
Unknown
5
TOTAL: 1516
Yes 76
No 1440
TOTAL: 1516
Vol. 198 Pg.
Search conducted?
Was search consented?
Yes 212
No 1304
TOTAL: 1516
Yes 136
No 76
TOTAL: 212
oW 2ED:�
uane Peters Date
County Judge
30
RICK STARNES
CONSTABLE PCT. 3
<. -.
IS 00 George Bush Dr.
College Station Texas 77840
(979) 694 -7900 Fax (979) 694 -7902
February 19, 2014
MEMORANDUM
TO: Brazos County Judge Duane Peters and Brazos County Commissioners
FROM: Rick Starnes, Constable Pct. 3
RE: Racial Profiling Statistical Report for 2013
According to the Texas Code of Criminal Procedure, Art. 2.134. This report is required to
be submitted to Brazos County Commissioners Court.
Vol. 198 Pg. 436
TIER 1 - PARTIAL EXEMPTION RACIAL PROFILING REPORT
Agency Name:
Reporting Date:
TCOLE Agency Number:
Chief Administrator:
Agency Contact
Information:
BRAZOS CO. CONST. PCT. 3
02/19/2014
041103
RICK STARNES
Phone: 979- 694 -7900 U�
Email: ocPmuadkbra-ros •o mtytx.us Duane Peters
Mailing Address: County Judge
BRAZOS CO. CONST. PCT. 3
1500 GEORGE BUSH DR.
COLLEGE STATION, TX 77840
This Agency claims partial racial profiling report exemption because:
Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we
maintain videos for 90 days.
Certification to This Report 2.132 (Tier 1) - Partial Exemption
Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling
BRAZOS CO. CONST. PCT. 3 has adopted a detailed written policy on racial profiling. Our policy:
(1) clearly defines acts constituting racial profiling;
(2) strictly prohibits peace officers employed by the BRAZOS CO. CONST. PCT. 3 from engaging
in racial profiling;
(3) implements a process by which an individual may file a complaint with the BRAZOS CO.
CONST. PCT. 3 if the individual believes that a peace officer employed by the BRAZOS CO.
CONST. PCT. 3 has engaged in racial profiling with respect to the individual;
(4) provides public education relating to the agency's complaint process:
(5) requires appropriate corrective action to be taken against a peace officer employed by the
BRAZOS CO. CONST. PCT. 3 who, after an investigation, is shown to have engaged in racial
profiling in violation of the BRAZOS CO. CONST. PCT. 3's policy adopted under this article;
(6) require collection of information relating to motor vehicle stops in which a citation is issued and
to arrests made as a result of those stops, including information relating to:
(A) the race or ethnicity of the individual detained;
(B) whether a search was conducted and, if so. whether the individual detained consented to the
search; and
Page 1 of 3 pages submitted electronically to the
The Texas Commission on Law Enforcement
Vol. -198 Pg. t ji
(C) whether the peace officer knew the race or ethnicity of the individual detained before
detaining that individual; and
(7) require the chief administrator of the agency, regardless of whether the administrator is elected,
employed, or appointed, to submit an annual report of the information collected under Subdivision
(6) to:
(A) The Commission on Law Enforcement; and
(B) the governing body of each county or municipality served by the agency, if the agency is an
agency of a county. municipality, or other political subdivision of the state.
1 certify these policies are in effect.
Executed by: RICK STARNES
Chief Administrator
BRAZOS CO. CONST. PCT. 3
Date: 02/19/2014
Page 2 of 3 pages submitted electronically to the
The Texas Commission on Law Enforcement
Vol. 198 Pg. �3�
BRAZOS CO. CONST. PCT. 3 Motor Vehicle Racial Profiling
Inrormation
Number or motor vehicle stops:
1. 3 citation only
2. 0 arrest only
3. 0 both
Race or Ethnicity:
5 0 African
6. 0 Asian
7. 3 Caucasian
8. 0 Hispanic
9. 0 Middle Eastern
10.0 Native American
4. 3 Total (4, 11, 14 and 17 must be equal)
11. 3 Total (tines 4, 1 i, 14 and 17 must be equal)
Race or Ethnicity known prior to stop?
12. 0 Yes
13. 3 No
Search conducted?
15. 0 Yes
16. 3 No
Was search consented?
18. 0 Yes
19. 0 No
14. 3 Total (lines 4. It. 14 and 17 must be equal)
17. 3 Total (lines 4. 11, 14 and 17 must be equal)
20. 0 Total (must equal line 15)
Page 3 of 3 pages submitted electronically to the
The Texas Commission on Law Enforcement
Vol. 198 Pg. 12- '