HomeMy WebLinkAbout2015-12-08 10:00AM REGULAR MEETINGi
BRAZOVCOUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
2015 DEC -4
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THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL
MEET IN REGULAR SESSION ON DECEMBER 8, 2015 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 Cauley
2. Call for Citizen input and/or concerns.
Consider and take action on agenda items 3 -19:
3. Reappointment of Lloyd Wassermann and Sammy Catalena to the Brazos County Emergency District
(9-1-1) Board; term of appointment is 0110112016 through 1213112017.
4, Permission to accept monetary (and/or tangible) donations which shall be used to purchase gifts for
youth who remain detained during the Christmas holiday.
5. Request from the Juvenile Department to purchase two twelve passenger vans instead of one seven
passenger van and one twelve passenger van.
g, Payment Authorization to City of Bryan in the amount of $2429.60 for 50% of material costs to the
Sidewalk proiect located at the Brazos County Detention Center.
7, Consider and take action on a Chapter 361 Development Agreement between Brazos County and BCS
Modem Living. LLC.
$, Capital Requisition #00054252 to Larry West Repair Service Inc.in the amount of $10,000.01) for the
purchase of paint booth.
g. Purchasing requests Commissioners Court to declare surplus property as "salvage" in accordance
with Local Govemment Code 263.152 and authorize destruction or other disposal for items receiving
no bids from auction ending November 13 2015 and items that cannot be sold in auction.
FVol. a pg. 2 9 9 j
•1
10. The Final Plat of Messina Hof Estates 35.62 Acre Tract: Thomas M Splane Survey A-53 (Bryan ETJ)
Brazos County Texas. Site is located in Precinct 2.
11.
Smetana Roads Project will provide water to two oil wells. Site is located in Precinct 4.
12, Consider and take action on a Pipeline Easement with Atmos Energy Corporation. Site is located in
Precinct 4.
13. Tax Refund Applications for the following:
• a Carter Arden Development LLC-overpayment$77.36
• b. Catherine Sanders -overpayment -$9.01
14. Commissioners Court minutes for the following dates:
• a November 3 2015 -Regular Meeting
• b. November 10. 2015 -Regular Meeting
• c. November 13 2015 -Special Session
• d. November 17 2015 -Regular Meeting
• e. November 24 2015 -Regular Meetinq
15. Budget Amendments.
Budget Amendments FY 14/15. 60.1
Budget Amendments FY 15/16 11.1 - 11.5
16. Personnel Change of Status.
Personnel Action Forms
17. Payment of Claims.
1 S. Convene into the following executive sessions:
• a. Executive session pursuant to Texas Government Code 551.087 to discuss or
deliberate economic development negotiations.
• b. Executive session pursuant to Texas Government Code 551.0785 for deliberations
involving medical or psychiatric records of a county employee.
19. Consider and possible action on executive sessions.
20. Acknowledgement of monthly reports submitted in November 2015.
21. Sheriffs report on inmate population.
22. Announcement of interest items and possible future agenda topics.
23. Call for Citizen input and/or concerns.
24. Adjourn.
IVOI---Lq�__ P904O O,
,f
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment
at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a
Constitutional Court, with both )udicial 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 Loral Government Code. Accordingly, members of the public in
attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and
decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in
the presence of the Court, Those members of the public who are inappropriately attired and/or who do not conduct themselves
in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or
continued disruption of the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Neither is it the intention of the Court to allow, a member (or members) of the public to insult the honesty and/or
integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively.
Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence
and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; andlor
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda propedy posted
prior to the meeting. Curing the public comment pence, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ?
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court In part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan„ TX 77803 is
wheelchair accessible. Handicap parking spaces are available, Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 3614102.
1/01. % . pg,.�0/
The foregoing minutes of the Commissioners Court meeting held December 8, 2015 have
been examined and are �aapproved in open Court this day of
—36'n O 1 in Bryan, Brazos County, Texas.
Duane Peters
County Judge
Sammy Cat�a ena
Commissioner, Precinct 2
Irma Cauley '
Commissioner, Precinct 4
Attest
aren McQueen
County Clerk
aI X J lil.«lf rns�—
Lloyd`Wassermann
Commissioner, Precinct 1
Kenny MallaraJ
Commissioner, Precinct 3
VOL _0?02�7—
BRAZOSCOUNTY
BRYAN,TEXAS
MINUTES
December 8, 2015
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
Ifs Signature Page.pdf
ICZ File Stamped Agenda.pdf
h' Sign in sheet.pdi
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, December 8,
2015 with the following members of the Court present:
Duane Peters, County Judge, Presiding,
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4,
Karen McQueen, County Clerk, Absent.
The attached sheets contain the names of the citizens and officials that were in attendance.
Invocation and Pledge of Allegiance -
U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley
Call for Citizen input and/or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 19:
Re -appointment of Lloyd Wassermann and Sammy Catalena to the Brazos County Emergency
FVol. a�� pg. 0 _
District (9-1-1) Board, term of appointment is 01/01/2016 through 12/31/2017.
I�j7-- Item 3.pdf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
4. Permission to accept monetary (and/or tangible) donations which shall be used to purchase
gifts for youth who remain detained during the Christmas holiday.
IR Item 4.pdF
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd
Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
5. Request from the Juvenile Department to purchase two twelve passenger vans instead of one
seven passenger van and one twelve passenger van.
Item 5.pdf
Juvenile Services Director Dr. Doug Vance explained that equipping a 7 passenger van with a
cage would not leave enough leg room for passengers.
Purchasing Agent Charles Wendt stated that he was unable to find a 15 or 8 passenger van
that would fit the needs of the Juvenile Department. It was determined that two 12 passenger
vans would meet the department's needs and save approximately $5,315.00.
Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters,
Wassermann .
6. Payment Authorization to City of Bryan In the amount of $2429.60 for 50% of material costs to
the Sidewalk project located at the Brazos County Detention Center.
0 Item 6.pdf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny
Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Consider and take action on a Chapter 381 Development Agreement between Brazos County
and BCS Modern Living, LLC.
IM Item 7.pdf
Legal Counsel Bill Ballard mentioned that an Executive Session was posted on the agenda if
they would like to discuss this item in Executive Session.
Judge Peters stated that there were previous presentations and discussions on the
improvements to the downtown area.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy
Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
8. Capital Requisition #00054252 to Larry West Repair Service Inc. in the amount of $10,000.00
for the purchase of paint booth.
Ifs Item 8.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
-Loyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
Purchasing requests Commissioners Court to declare surplus property as "salvage" in
FVOL 59,2 Pg. 0�6
accordance with Local Government Code 263.152 and authorize destruction or other disposal
for items receiving no bids from auction ending November 13, 2015 and items that cannot be
sold in auction.
0 Item 9.odf
A list of the property is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
10. The Final Plat of Messina Hof Estates, 35.62 Acre Tract; Thomas M. Splane Survey, A-53,
(Bryan ETJ) Brazos County, Texas. Site is located in Precinct 2.
Pt Item 10.pdf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
-Loyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
11. Consider and take action on the Anadarko E & P Onshore, LLC utility permit to install a
temporary 10" polyurethane (flat hose) water line within and along the right-of-way of Britten,
Fountain Switch and Smetana Roads. Project will provide water to two oil wells. Site is located
in Precinct 4.
0 Item 11.rd(
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy
Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters
Wassermann.
12. Consider and take action on a Pipeline Easement with Atmos Energy Corporation. Site is
located in Precinct 4.
0 Item 12.pdf
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner -Loyd
Wassermann' Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
13. Tax Refund Applications for the following:
. a. Carter Arden Development, LLC -overpayment -$77.38
. b. Catherine Sanders -overpayment -$9.01
At Item 13.pdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy
Catalena. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
14. Commissioners Court minutes for the following dates:
• a. November 3, 2015 - Regular Meeting
. b. November 10, 2015 - Regular Meeting
. c. November 13, 2015 - Special Session
. d. November 17, 2015 - Regular Meeting
. e. November 24, 2015 - Regular Meeting
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley, Mallard , Peters ,
Wassermann .
vol.
15. Budget Amendments.
Budget Amendments FY 14/15 60.1
0 Item 15 FY 14-15 Amendments, pdf
60.1 Transfer of funds from General Fund Contingency to Health Department Support.
Budget Amendments FY 15/16 11.1 - 11.5
Lt -a. Item 15 FY 15-16 Amendments.pdf
11.1 Reallocate funds for General Capital Improvement Fund.
11.2 Reallocate funds for General Capital Improvement Fund - Information Technology &
Auditor.
11.3 Transfer of funds from General Fund Contingency to Information Technology.
11.4 Transfer of funds from Non Departmental to General Capital Improvement Fund.
11.5 Transfer of funds from General Fund Contingency to Jail Administration.
Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
16. Personnel Change of Status.
Personnel Action Forms
Item 16.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 .
17. Payment of Claims.
04� BILL LIST 12.08.15.pdf
le Claims Sheet.pdf
7139245-7139531
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wassermann .
18. Convene into the following executive sessions:
. a. Executive session pursuant to Texas Government Code 551.087 to discuss or
deliberate economic development negotiations.
. b. Executive session pursuant to Texas Government Code 551.0785 for deliberations
involving medical or psychiatric records of a county employee.
At this point, the County Judge announced the Court would consider items 20 through 23 then
return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:23 a.m. the County Judge stated
that the Court would convene into Executive Session as follows: a. Executive Session pursuant
to Section 551.087 to discuss or deliberate economic development negotiations. b. Executive
Session pursuant to Section 551.0785 for deliberations involving medical or psychiatric records
of a county employee.
The following individuals were asked to stay for the meeting for Executive Session a:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
The following individuals were asked to stay for the meeting for Executive Session b:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Jennifer Salazar, Human Resources Director
19. Consider and possible action on executive sessions.
At 10:48 a.m. the County Judge announced the meeting open to the public and announced that
no action would be taken on the Closed Executive Session.
20. Acknowledgement of monthly reports submitted in November 2015.
Item 20.pdf
The Court acknowledged receipt of the Extension Service reports submitted in November 2015
and acknowledged receipt of reports from the following County and Precinct Offices showing
revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Road & Bridge
Sheriff
21. Sheriffs report on inmate population.
Sheriff Chris Kirk stated there were 565 inmates in jail, 46 have electronic monitors and 13 are
pending for monitors.
22. Announcement of interest items and possible future agenda topics.
There were no announcements.
23. Call for Citizen input and/or concerns.
There was no citizen's input.
24. Adjourn.
Vol.Pg.� ao %�
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STATE OF TEXAS §
COUNTY OF BRAZOS §
JORDAN CENTER
CHAPTER 381 AGREEMENT
Thisapter 381 Development Agreement ("Agreement") is entered into on this
day of 015, by and between Brazos County, Texas ("County") and
BCS Modern Living, LLC ("Developer") as a framework for the development and sale of
the property described below.
WHEREAS, Developer is in the process of purchasing Lots 1-5, Block 265 and
all of Block 264, Bryan Original Townsite, as well as the closed portion of W. 21$f St., in
Bryan, Brazos County, Texas ("Property") which is more particularly described in
Exhibit A; and
WHEREAS, Developer has plans to develop the Property into a high end multi
story mixed used development to include ample parking, retail/office uses, multi -family
residential uses, as well as public spaces including an outdoor art gallery; and
WHEREAS, Developer has determined that it needs assistance from the County
to make the proposed plans feasible, and is willing to agree to meet specific
development benchmarks in exchange for such assistance; and
WHEREAS, the County has determined that this proposed development is in the
best interests of the County, and that any proposed incentives would be justified by the
development of the Property as planned; and
WHEREAS, County finds that it is in the best interests of the citizens of Bryan
and the development of the downtown Bryan area to enter into this Agreement to
ensure the development of the Property; and
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
r_A:VI
Beginning January 1 of the year following execution of this Agreement, Developer
shall be entitled to a rebate of 100% of the operations and maintenance portion of
the ad valorem taxes ("O&M Taxes") paid for improvements on the Property.
Developer shall be entitled to the rebate for up to seven (7) years, or until a
cumulative total of $760,000.00 in O&M Taxes have been rebated, whichever comes
first. This rebate is subject to annual appropriation for same by the County
Commissioners.
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2. As a condition precedent to the County's obligation to make a Chapter 381 payment
during the term of this Agreement, Developer, at a minimum, must remain in
compliance with the Chapter 380 Agreement between City of Bryan and BCS
Modern Living, LLC. (Exhibit "A").
3. Provided that Developer is not in breach of this Agreement, and provided that taxes
have been paid for a given year, Developer can submit a request for rebate of that
portion of the taxes attributable to improvements. Such request must be in writing
and must include a copy of the receipt from the Brazos County Tax Office showing
the amount of taxes paid.
B. Term & Termination
4. The term of this Agreement shall be from the date of execution by all parties through
the end of the seventh (7tb) full calendar year following execution by all parties,
unless terminated sooner.
5. In the event that Developer breaches this Agreement, the County shall tender notice
of such breach giving Developer thirty (30) days to cure, if feasible, or establish that
there is no breach. If Developer fails, or is unable, to cure the breach, the County
shall be entitled to payment of all the permit fees waived, sculpture grants paid, and
taxes rebated pursuant to this Agreement. Developer's obligation to pay the fees
and taxes shall be due and payable immediately upon expiration of the thirty (30)
cure period and shall survive termination of this Agreement.
C. Miscellaneous
Texas Government Code Chapter 2264. In accordance with Chapter 2264 of the
Texas Government Code, Developer agrees not to employ any person who is not
lawfully admitted for permanent residence to the United States or who is not authorized
under law to be employed in the United States ("Undocumented Worker'). During the
term of this Agreement, Developer shall notify County of any complaint brought
against Developer alleging that Developer has employed Undocumented Workers. If
Developer is convicted of a violation under 8 U.S.C. Section 1324a(f), the total amount
of economic development grants it has received pursuant to this Agreement, together
with interest at the rate of 5% per annum from the date of each payment of an
economic development grant, shall be repaid by Developer to the County not later
than the 120th day after the date the County notifies Developer of the violation.
Developer shall not be liable for a violation of Chapter 2264 by a subsidiary, affiliate, or
franchisee, or by a person with whom Developer contracts.
7. Successors and Assigns. This Agreement shall be binding on and inure to the
benefit of the parties to it and their respective heirs, executors, administrators, legal
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representatives, successors, and permitted assigns. Developer shall not assign this
Agreement without the written approval of the County. An assignment to a
subsidiary or affiliate company of Developer shall not be prohibited under the
section.
8. Severability. If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws effective while this Agreement is in
effect, such provision shall be automatically deleted from this Agreement and the
legality, validity and enforceability of the remaining provisions of this Agreement
shall not be affected thereby, and in lieu of such deleted provision, there shall be
added as part of this Agreement a provision that is legal, valid and enforceable and
that is as similar as possible in terms and substance as possible to the deleted
provision.
9. Texas law to apply. This Agreement shall be construed under and in accordance
with the laws of the State of Texas and the obligations of the parties created
hereunder are performable by the parties in Brazos County, Texas. Venue for any
litigation arising under this Agreement shall be in a court of appropriate jurisdiction in
Brazos County, Texas.
10. Sole Agreement. This Agreement constitutes the sole and only Agreement of the
Parties hereto respecting the subject matter covered by this Agreement, and
supersedes any prior understandings or written or oral agreements between the
parties.
11.Amendments. No amendment, modification or alteration of the terms hereof shall be
binding unless the same shall be in writing and dated subsequent to the date hereof
and duly executed by the parties hereto.
12. Rights and Remedies Cumulative. The rights and remedies provided by this
Agreement are cumulative and the use of any one right or remedy by either party
shall not preclude or waive its right to use any and all other legal remedies. Said
rights and remedies are provided in addition to any other rights the parties may have
by law, statute, ordinance or otherwise.
13. No Waiver. Failure of any party, at any time, to enforce a provision of this
Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect
the validity of this Agreement, any part hereof, or the right of either party thereafter
to enforce each and every provision hereof. No term of this Agreement shall be
deemed waived or breach excused unless the waiver shall be in writing and signed
by the party claimed to have waived. Furthermore, any consent to or waiver of a
breach will not constitute consent to or waiver of or excuse of any other different or
subsequent breach.
14. Notices. Any notices required to be provided pursuant to this Agreement are
deemed provided within three (3) days after being sent via U.S. Certified Mail,
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Return Receipt Requested, or on the day of transmission by facsimile, email, or
when hand delivered to the address provided herein. County and Developer hereby
designate the following individuals to receive any notices required to be submitted
pursuant to the terms of this Agreement:
COUNTY DEVELOPER
Brazos County, Texas BCS Modern Living, LLC
Attn: County Auditor Attn: CEO
200 South Texas Ave., Suite 218 419 North Main Street, Ste. 120
Bryan, Texas 77803 Bryan, Texas 77803
15. Incorporation of Recitals. The determinations recited and declared in the preambles
to this Agreement are hereby incorporated herein as part of this Agreement.
16. Incorporation of Exhibits. All exhibits to this Agreement are incorporated herein by
reference for all purposes wherever reference is made to the same.
17. Headings. The paragraph headings contained in this Agreement are for
convenience only and do not enlarge or limit the scope or meaning of the
paragraphs.
18. Duplicate Originals. The parties may execute this Agreement in duplicate originals,
each of equal dignity. If the parties sign this Agreement on different dates, the later
date shall be the effective date of this Agreement for all purposes.
19. Gender and Number. Words of any gender used in this Agreement shall be held
and construed to include any other gender, and words in the singular number shall
be held to include the plural and vice versa, unless the context requires otherwise.
20. No Special Relationship Created. Nothing contained herein, nor any acts of the
parties in connection herewith, shall be deemed or construed by the parties hereto
or by third parties as creating the relationship of (a) principal and agent, (b) a
partnership, or (c) a joint venture, as between the parties hereto. No third party shall
obtain any rights as a result of this Agreement.
[signatures to follow]
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Executed to be effective this day of 2015.
Brazos County, Texas
BR S C IUTv r•.n M STONERS COURT
Duane Peters, c
Loyd Wassermann
Commissioner, Precinct 1
Kenny M l a d
Commissioner, Precinct 3
ATTEST:
Karen Mc� ounty Clerk
BCS Modern Living, LLC
Chris Lawrence, CEO
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Vol. �� 9^. �'9• ' �t�J
BRAZOSCOUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge
DEPT. NUMBER 56001000
DATE OF COURT MEETING: December 8, 2015
ITEM: Consider and take action on the Final Plat of Messina Hof Estates, 35.62 Acre Tract;
Thomas M Splane Survey A-53 (Bryan ETJ) Brazos County Texas Site is located in
Precinct 2.
SOURCE OF FUNDS: N/A
NOTES:
• Owner/Developer: Paul Bonarrigo and Merrill Bonarrigo
• Engineer/Surveyor: Civil Engineering Consultants
SUBMITTED BY:
1 � /�
R. Alan Munger, Y.E.
County Engineer
This Request is
ACKNOWLEDGED BY:
'1
missio er Sammy Catalena
Precinct
12IC61145
Date
Vol.
Court
to
Application for Development
Brazos County Subdivision and Developme
2617 Hwy 21 West, Bryan, Texas 77803
(979) 822-2127
MasterPlan_ Final Plat.Z
Property Desert. ption
Road Location: ^✓1 _ .1
Legal Description: ac noQE
Subdivision Descriptinn 7
Subdivision Name: {�FSr?/i/>tf_ a/--
I Office Use Only, it
Re -Plat//` Amending Plat
tR
g9 0
-uaw„c
`R:5
Total number of lots: Total Acreage:
Property Owner
Owner name(s):
Current mailing address:
Phone number(s):
Applicant or Authorized Agent, Engineer or Surveyor
Name and Address: %:J�n/SGi4gh' / Pjeoi=<r2TIF�I.-LC. - ySr;S o w d!/n'c6 ��='74AY1N/Yy
Phone number(s): -702 - M�:7 3 77 3 D r
Name and Address:
Phone number(s):
Mobile Home Park ( ) Commercial ( )
Other ( ) _)
Is any of the property located in a Floodplain or Flood Hazard area? _ (yesf to
Acknowledgment: The nood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to
proposed developments are considered reasonable and accurate for regulatorypurposes and are based on the bat available scientific
and engineeringdata. On rare accasions greater floods can and will occur and flood heights may be increased by man-made or natural
masa. Issuance ora Floodplain Pemtit in accordance with the Bwos County Flood Damage Prevention Ordinance ones not imply
that development outside the areas of special flood harard will be free front flooding or flood damage. Issuance of a permit shall not
create liability on the part of Brazos County or any ofcer or employee ar Brazos County in the event flooding or flood damage does
occur
Is pan oral[ of the property within an ETI of a City? es o)
Will any construction occur in TxDOT right-of-ways? (yes/ o)
Application Check List: -
Copies of fynished plat with corrections (if any):
9 copies to Brazos County
One( l) copy to Brazos County Health Dept.
f9 One (1) copy to Brazos County 91 1
[� One (1) copy to local Water District or Company
Letters of�¢proval (to be sent by the approving institution directly to Brazos Cormty Engineering):
F/ Letter from Brazos County Health Dept. - For onsite sewage evaluation.
Letter from Brazos County 911 - For road names.
d Letter from Water District or Company. - Stating water availability, etc..
If property within an ETJ of a city:
Approval notification from appropriate city.
Applicant attest that they have signed this application in the capacity designated, if any, and further attests
that they have read document and the statement contained herein and any attached are true and factual. All
applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that
this application is not finished or dated until all documents listed above are filed at the Brazos County
Engineering Offjce and all applicable blanks are filled in the application above.
Applicant's Signature Date
County Witness Date
Vol. _�� f'9•_,21_4
Engineer/Surveyor Check List for Plat Pre -Approval
1) Property located within a City Extra Tentorial Jurisdiction (ETI), contact with
/ that City is required before plat approval.
a 2) Drawn on 24" x 36" sheet to scale of 100' per inch or larger. If more than one sheet, an
indgx sheet showing entire subdivision at a scale of 500 feet per inch or larger.
C4' 3) Include the words; "MASTER DEVELOPMENT PLAN —NOT FOR RECORD" or
"FINAL PLAT"or "RE -PLAT' or "AMENDING PLAT' in letters ''/2' high.
R' 4) Vicinity map which includes enough of surrounding area to show general location of
subject property in relation to major roads and any city limits and county boundaries. No
/ scale required but include north arrow.
-l7 5) Title Block with the following information:
❑ Name and address of subdivider, recorded owner, planner, engineer and surveyor.
❑ Proposed name of Subdivision. (Subdivision name & street names will be approved
through the Brazos County 911.) (Replats need to retain original subdivision name.)
❑ Date of preparation. (Include the date of any revisions on the plat.)
❑ Engineer's scale in feet.
❑ Total area intended to be developed.
0 Re -plat or Amending Plat, existing lot and block description or Abstract name and
number.
❑ 15) Proposed drainage concept shown on plan, showing Bow paths to primary system.
Fi//
6)
North Arrow.
tl
7)
Location of any current city or county limit l ines, if applicable.
1/'
8)
Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract.
L7
9)
Descriptions by metes and bounds of the subdivision which shalt close within accepted
land surveying standards. (Shown on drawing; not separate description)
/
Q
10)
Primary control points or descriptions and ties to such control points, to which, later, all
dimensions, angles, bearings, block numbers, and similar data shalt be referred. The plat
shall be located with respect to a corner of the survey or tract, or an origival comer of the
original survey of which it is a part.
/
C9'
1 l)
Name of contiguous subdivisions and names of owners of contiguous parcels of
unsubdivided land, and an indication whether or not contiguous properties are platted.
i
R/
12)
Location of the L00 Year Floodplain and Floodway, if applicable, according to the most
recent available data. -
el'
13)
Note the FEMA FIRM Map panel number and revision date on plat.
14)
. Topographic information, including contours at two foot (2 ft.) intervals, Bowline
elevation and flow direction.
❑ 15) Proposed drainage concept shown on plan, showing Bow paths to primary system.
❑ 16) Locate and Describe, with accurate dimensions, bearings or deflection angles and radii,
area, center angle, degree orcurvature, tangent distance and length of all curves; show
existing items that are intersecting or contiguous with the boundary of or forming a
boundary with the subdivision, as well as, those within the subdivision; for the
following:
Exist ng Proposed
❑ , Streets: continuous or end in a cul-de-sac, stubbed out streets must end into a
temp. turn around unless they are shorter that 100 feet.
❑ Public and private R.O.W. locations, width(s) and names. (All existing and
proposed R.O.W.'s sufficient to meet County and City Regulations, if
applicable.) ,.
❑ Street offsets and/or intersection angles meet ordinance.
❑/ ❑ Alleys
C9' ❑ Reserve tracts.
❑ ❑ Well site locations.
Id/ ❑ Pipelines: label company with volume and page.
❑ Utility Services. (water, wastewater, electrical, natural gas, cable, phone, etc.)
❑ Easements.
(� ❑ Drainage Structures and improvements per engineering analysis.
❑ A number or letter to identify each lot or site and each block.
Cl ❑ Public areas.
0 ❑ Other Public improvements, including but not limited to parks, schools and
/ other public facilities.
lT 17) Ail off-site easements for infrastructure construction must be shown on the final plat with
a volume and page listed to indicate where the separate instrument easements were filed.
Separate instrument easements most be filed prior or concurrently with final plat.
❑ 18) Proposed phasing. The Master Plan and each phase must be able to stand alone to meet
ordinance requirements. Infrastructure costs should be separate for each phase of the
subdivision.
19) Bring this check list with one copy of plat for pre -approval to meeting; date and time set
by County Engineer or Planner. Meeting location set at County Engineering office.
Brazos County Engineering
Road & Bridge Department
2617 Hwy 21 West
Bryan, Texas 77803
(979)822-2127
_BR_AZOS COUNTY _
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: December 8, 2015
SUBJECT: Temporary Utility Permit — Anadarko E & P Onshore, LLC
Consider and take action on the Anadarko E & P Onshore, LLC utility permit to install
a temporary 10" polyurethane (flat hose) water line within and along the right-of-way of
Britten, Fountain Switch and Smetana Roads. Project will provide water to two oil wells.
Site is located in Precinct 4.
SUBMITTED BY:
�X03ma,
Darrell W. Kolwes
Right of Way Agent
ACKNOWLEDGED BY:
Irma Cauley�� ,
Commissioner Precinct
This request is IJ APPROVED / 0 DENIED by Commissioners' Court
Duane Peters, County
judge
DATE: - a 115-
Vol. 2719 f'g. Cz"/ fr"'
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING-PI ,V-CEMENT OF U1'ILITYIN COUNT-t-WGHT-OFWAY-- --
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now Anadarko E&P Onshore. LLC
[company name], hereinafter referred to as "Company" a Delaware [state] Corporation, with authority to
transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County
Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along
certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Road Name & Block Number
Length of TYPE OF CONSTRUCTION
Crossin (CHECK ONE)
Bored Jacked Driven Cased
Facilitv to Parallel County Road Within Right -Of -Way
Road Name and Block
Number From To Depth Distance
See Attached.
CONSTRUCTION TYPE
10" Diameter NA Wall Thickness
Material Specification Polyurethane (Flat Hose)
Maximum Operation Pressure 180 PSI
PROJECT WILL LAY 10" POLYURETHANE
WATER LINE IN RIGHT OF WAY
The location and description of the proposed installation and appurtenances must be filly shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 120 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 601h day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County_ from and against any and all loss, damages, cost or
Pg. ��
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.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with
installation requirements .cel forth herein (i.e. depth, location, etc), Company assumes all financial responsibilityfor
donages and/or destruction of lines, cables, etc. based upon ifs failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that
requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant
which is contrary to the policies.
This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any One, in the sole
discretion of Brazos County, for interests of public health, safety or we fore, or far failure to repair any damages
upon demand, or for any other reason deenned sufficient by Brazos County.
In the event Company fails to comply with any or all of the requirenhents as sel forth herein, the County ntay take
such action as it deems appropriate to compel compliance. The County Engineerfurther retains the right to revoke
this Permit by verbal notification to the ApplicantlCompany.
Failure to obtain this permit aniUor notify the County Engineer's Office ivithin 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit.
Company Name
By:
Signature
Norman R. Keyes
Title^.cent and Attorney -In -Fact
moo. ZaX /336
Address
ffp (IT'D,✓ j yc 772.5/ — /336
City State Zip
83z- 6.3
Telephone Number
,Ka ee &wc-&.-ko . cow
Email:
Vol.
Facility to Parallel County Road Within Rieht-Of-Way
Road Name and Block
Number
From
To
Depth
Distance
Britten Rd.
30°41109.88"W
30041' 11.64"N
On Surface
250 feet
96028'06.00"N
96028'04.15"W
Britten Rd.
30041111.64"N
30040'33.95"N
On Surface
5,405 feet
96028'04.15"W
96028'47.81"W
Fountain Switch Rd.
30040'33.95"N
30040'32.15"N
On Surface
260 feet
96028'47.81"W
96028'49.97"W
Fountain Switch Rd.
30040'32.15"N
30040'33.37"N
On Surface
230 feet
96°28'49.97"W
96028'47.82"W
Smetana Rd.
30040'33.37"N
30040'12.16"N
On Surface
3,065 feet
96°28'47.82"W
96028'22.70"W
Vol. P9.. ��
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 /(— 3 U — / except as noted below:
EXCE.,PTIONS:
A �Lz
(Month/Day/Year)
J�2,r Brazos County Engineer
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6
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Reguiretnenls
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right 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
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 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 Platt
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
Foy. a---2 9 Pg._"-?a_-
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 thejob site any time work is being performed.
3. Plan must set forth lite time of completion for the job.
D. Design Strutdnrds
1. Alt 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
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 feet.
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 to 2 feet, nominally V
Phone — 2 to 4 feet, nominally 3'
Gas — 4 to 6 feet, nominally 5'
Cable — 6 to 8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above; however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400'
if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored orjacked. 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,jackina, 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.
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 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 he
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by
the County Engineer.
14. The applicant shall submit a letter of No Objection' from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Emergency work
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 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. Repairs to existing, facilities
L Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G. Relocation of utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other
facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.
H. High Pressure Pipelines
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.
-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 he 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
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.
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Vol.
BRAZOS COUNTY I
COMMISSIONERS' COURT
ACTION FORM
MEETING DATE: December 8, 2015
SUBJECT: Pipeline Easement — Atmos Energy Corporation
Consider and take action on a Pipeline Easement with Atmos Energy Corportation.
A 50 -feet -wide easement being situated in the T.J. Wooton Survey, Abstract 59, in
Brazos County, Texas. Site is located in Precinct 4.
This request is 216;PROVED L.EIDENIED by Commissioners' Court
Duane Peters
Corraftissioner Lloyd Wassermann
Precinct I
Commissioner kemy Mall4d
Precinct
Precinct 4
ATTEST:
Karen McQueen
County Clerk
Voi. pg._,2.?
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY DOCUMENT 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.
Line:
R/W#:
PIPELINE EASEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
That for and in consideration of the sum of TEN DOLLARS ($10.00), and other good
and valuable consideration paid by Atmos Energy Corporation, a Texas and Virginia corporation
with its principal office at 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, together with its
successors and assigns (said entity and its successors and assigns are herein collectively called
"Grantee") to the undersigned, the receipt of which is hereby acknowledged, the undersigned
(herein called "Grantor' whether one or more) hereby grants, sells and conveys unto Grantee, a
free and unobstructed right of way and exclusive easement for the purpose of laying,
constructing, operating, maintaining, inspecting, repairing, replacing, changing the size of,
relocating and changing the route or routes of, abandoning in place and removing at will, in
whole or in part, a pipeline or pipelines and the appurtenances thereto, including the right to
install additional pipelines and appurtenances in the future as may be necessary or convenient for
Grantee, for the transportation of oil, gas, lignite and other fluids or substances, or any of them,
and the products thereof, together with such above ground drips, valves, fittings, meters, pressure
relief facilities, aerial markers, graphite and steel anodes, rectifier poles and other devices for the
control of pipeline corrosion, and other appurtenances as may be necessary or convenient in the
operation of said lines, over, across, under and upon the area described on Exhibit "A" attached
hereto and made a part hereof.
Grantee shall also be entitled to use an additional twenty-five feet (25') of Grantor's
adjacent lands as reasonably necessary for Grantee's activities in relation to the original
construction for the initial pipeline granted herein only. Such additional twenty-five feet (25')
shall be able to be utilized on either side of the easement at the discretion of Grantee during this
original construction, but in no event shall the total additional width on either side of the
easement exceed twenty-five feet (25') when added together. Grantee's right to utilize this
additional twenty-five feet (25') shall extinguish on the date the original pipeline is placed in-
service.
It is further agreed as follows:
Page 1
Vol. vZ � _. Pg. oZ 3�
1. Grantee shall have the right to select the exact location of said pipelines and any future
additional pipelines within said strip, and to do whatever may be requisite for the use and
enjoyment of the rights herein granted, including the right of ingress and egress over
Grantor's adjacent or additional lands to or from said strip.
2. Grantor further agrees not to change the grade, remove dirt from the surface of the
easement or impound water over the easement without the prior written approval of
Grantee.
The aforesaid consideration includes any and all damages that may be sustained by the
original construction of said lines, including without limitation, cutting trees and damages
to land, trees, buildings, fences, growing crops and grasses; however, after the original
construction Grantee will pay to the owner of the land and, if leased, to his tenant, as they
may be respectively entitled, actual damages done to fences and growing crops by reason
of entry to repair, maintain and remove said pipelines, or for any future construction,
including but not limited to the laying of additional future pipelines. Should the amount
of such damages contemplated by this paragraph not be agreed upon by Grantor and
Grantee, then the amount of such damages shall be determined by final and binding
arbitration before three disinterested arbitrators, with one arbitrator being appointed by
Grantor, one arbitrator being appointed by Grantee, and the third arbitrator being
appointed by the two other arbitrators. If not unanimous, the award may be determined
by any two of the three arbitrators and shall be in writing and shall be non -appealable. A
judgment upon any award rendered by the arbitrators may be entered by any state or
federal court having jurisdiction thereof. Further, the aforesaid consideration includes the
right of Grantee to install additional, future pipelines and appurtenances as Grantee, in its
sole discretion, may determine to be necessary or convenient.
4. Grantee has the right to trim, cut down or eliminate trees or shrubbery to the extent, in the
sole judgment of Grantee as may be necessary to prevent possible present or future
interference with the convenient operation or convenient inspection of said lines and to
remove possible present or future hazard to such lines, and the right to remove or prevent
the construction of any and all buildings, structures, reservoirs, or other obstructions on
said strip and to prevent activities on said strip any of which, in the sole judgment of the
Grantee may presently or in the future endanger or interfere with the efficiency, safety,
convenient operation or convenient inspection of said lines and appurtenances.
5. If Grantee should abandon the rights granted herein and if such abandonment should
continue for a continuous period of five years, all rights of Grantee herein shall ipso facto
terminate and revert to Grantor, his heirs, legal representatives, and assigns.
6. Grantor and Grantee agree that the failure to assert any right under this Pipeline Easement
shall not constitute a waiver of any other right hereunder. Further, it is hereby agreed that
any delay by Grantee in asserting any right granted it in this Pipeline Easement,
regardless of the length of any such delay, shall not prevent Grantee from later asserting
or otherwise enforcing that same right, including but not limited to the right to prevent or
remove any encroachments within the easement area as provided in paragraph 4 above.
Page 2
Vol. Z z z pg. .'133
Both Grantor and Grantee hereby represent and warrant that they have read and have
fully understood the terms of this Pipeline Easement, that they have had the opportunity
to have same reviewed by an attorney, and that in entering into this Pipeline Easement
they are relying solely upon their independent review and the advice of their respective
counsel. Further, Grantor and Grantee acknowledge that this Pipeline Easement has been
negotiated by the parties, and this Pipeline Easement shall be construed as one prepared
by the joint efforts of Grantor and Grantee and shall not be construed against either party
as the drafter.
TO HAVE AND TO HOLD the above described easements and rights unto the said
Grantee, and Grantee's successors and assigns, until abandoned as provided for herein.
This instrument and covenants and agreements herein contained shall constitute
covenants running with the land, binding upon Grantor, his heirs, legal representatives,
successors and assigns, for the benefit of Grantee, and Grantee's successors and assigns.
Grantor hereby binds himself, his heirs, legal representatives and assigns to warrant and
forever defend all and singular the above described easements and rights, unto the said Grantee,
and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to
claim the same, or any part thereof.
It is hereby understood that the party securing this grant on behalf of Grantee is without
authority to make any covenant or agreement not herein expressed.
<Signature pages to follow>
Page 3
FV01-7A
- % Pg _aL�
EXECUTED this b* day of aem66r,C�0/S�
GRAN : Brazos oun
Judge Duane Peters
200 South Texas Ave. Suite 332
Bryan, TX 77803
STATE OF TEXAS
lJl Ll
COUNTY OF W5
DBEFORE ME the undersigned authority, on this day personally appeared
t'�Cxtr{� 5j , known to me to be the person(s) whose name is subscribed
to the foregoing instrument and acknowledged to me that he/she/they executed the same for the
purposes and consideration therein expressed.
EN UNDER MY HAND AND
BETHANY GCKSTROM
�• Notary Public
sTATEOPTEXAS
My Comm. Hx p. 11X/1192019
SEAL OF OFFICE this day of��
Notary Public in and V the State of Texas
&+ham, LC�
(Print Name o . otary Public Here) O
My Commission Expires: "I 111
Page 4
vol. _'�-?_-;Z 9 Pg._02.3�
ATMOS ENERGY CORPORATION
50 FEET -WIDE EASEMENT
BRAZOS COUNTY, TEXAS
(STATE OF TEXAS)
(COUNTY OF BRAZOS)
All that certain 50 feet -wide easement being situated in the T. J. Wooton Survey, Abstract 59, in Brazos County, Texas
and being in a called 159.00 acres tract described in Cause Number 410 -CC in favor of Brazos County, Texas, as recorded in
Vol. 5152, Pg. 126 of the Official Public Records of said county and said easement being described by metes and bounds, as
follows:
BEGINNING at a point on the northeast line of State Highway 47 and on the southeast line of Leonard Road, for the west
corner of said 159.00 acres tract, from which a concrete monument found in the northwest line of said 159.00 acres tract bears
North 38'29'18" East, a distance of 288.20 feet (NOTE: BEARINGS AND DISTANCES ARE BASED ON U. S. STATE
PLANE NAD 1983 COORDINATES, TEXAS CENTRAL ZONE — 4203);
THENCE North 3801313" East, leaving said northeast line and along said southeast line, a distance of 50.05 feet to a point;
THENCE South 49°11'42" East, leaving said southeast line, a distance of 720.51 feet to a point;
THENCE, South 37°54'51" East, a distance of 917.84 feet to a point;
THENCE South 49°14'33" East, a distance of 545.90 feet to a point;
THENCE South 49°12'52" East, a distance of 2.06 feet to a point on the line dividing said 159.00 acres tract and the remainder
of a called 49.76 acres tract recorded in Document Number 00816450 of said Official Public Records;
THENCE South 43°06'50" West, along said dividing line, a distance of 50.04 feet to a concrete monument found on said
northeast line, for the south corner of said 159.00 acres tract;
THENCE, North 49014'33" West, along said northeast line, a distance of 550.86 feet to a concrete monument found;
THENCE North 37°54'51" West, continuing along said northeast line, a distance of 917.86 feet to a concrete monument found;
THENCE, North 49011'42" West, continuing along said northeast line, a distance of 713.32 feet to the POINT OF
BEGINNING and containing 109,209 square feet or 2.51 acres of land.
Revision 91:10-06-15
1 hereby certify that the above and foregoing description represents an on the ground survey conducted in September and
October af1014 and is true and correct to the best ofmy knowledge.
Original signed and stamped in blue ink.
Date of Signature: October 06, 2015.
DONALD R. CROWLEY, R. P. L.S. o.5210
FOR CROWLEY PIPELINE & LAND SURVEYING, L.L.C.
FRN:100465-00
117 WEST ARCHER
JACKSBORO, TEXAS 76458
(940) 567-2234 Office
(940) 567-2155 Pax
Page I of 2
LINE L8-9
BR -10 BRAZOS Rl.doc
VOL 375, PG 377
\ N 38'29'18" E
'♦ 288.20'
LON: 96.423614
1j CONUELELEND / S-
MONUMENT
/ FOUND-x—x—x—x—x—x— - FENCE LINE
/ - - - - — - = DEED LINE
T. J. WOOTON SURVEY r' ': - 50 FEET -WIDE PERMANENT EASEMENT
ABSTRACT 59 109,209 SQUARE FEET OR 2.51 ACRES
BRAZOS COUNTY, TEXAS ; ♦.
CALLED 159.00 ACRES >'
CAUSE NO. 410 -OC / \
VOL. 5152, PG. 126 /
\ CONCRETE.
\ \ MONUMENT
\ FOUND
\
--1
\
LIX'E TABLE \
Cn CFFTdA/If1F OFGA.IANFNT FGCFAAFNT \ $
LINE
BEARING
DISTANCE
L7
N38'1 T13"E
50.05'
L2
S 49'11'42" E
720.51'
L3
S 37'54'51"E
917.84'
L4
S 49'14'33" E
545.90'
LS
S 49'12'52' E
2.06'
LB
S 43'06'50"W
50.04'
L7
N 49'14'33" W
550.86'
LS
N 37'54'51"W
917.86'
L9
I N 49'11'42" W
713.32'
STATE OF TEXAS
COUNTY OF BRAZOS
\ J4T
\ \ 4y9>
\
I hereby cenity that the above and foregoing Plat represents
anon the ground survey conducted in September and October
of 2014 and is true and cornea to the bestof my knowledge.
Original signed and stamped in blue ink.
DATE OF SIGNATURE. October 6, 2015
DONALD R. CROWLEY R.P.L.S. NO. 5210 V
FOR CROWLEY PIPELINE & LAND SURVEYING, L.L.C.
FRN:100465-00
117W ARCHER BEARINGS AND DISTANCES ARE
JACKSBORO. TEXAS 76458 EASED ON U. S STATE PI ANF.
(940)567-2234 OFFICE NAD 1983 COORDINATES.
(940) 567-2155 FAX TEXAS CENTRAL ZONE - 4203
N[�77�G7;7:73{�I.7
92
SCALE V=300'
energy
i
/ b
' DEED INSET
\
CONCRETE {mayv
MONUMENT \ \'i:!j.yl_.
FOUND
\
\ MONUMENT
F \
FOUND
OF
\ \
j.P: �.°15 TeRef9 \ REMAINDER OFA
�:•e' c ;N \ CALLED 49.76 ACRES
• ^'^•••'••^"••'•' DOC. NUM. 00816450
DONALDRCROWLEY \
.............................
5210
SUR \
PLAT SHOWING A 50 FEET -WIDE T�1
EASEMENT IN THE T J ' OTON �/
SURVEY, ABSTRACT 59, LOCATED IN
BRAZOS COUNTY, TEXAS. By
Vol. --a 9 pg. a3�7
BRA%OS COUNTY, TEXAS
BUDGET ANIENDNIENT(S) FOR THE 2014-2015 BUDGET YEAR
NO. 14/15 60.1
On this the Sth day of December 2015 at a regular meeting of the Commissioners'Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
13. Lloyd Wassermann, Commissioner, Precinct
C. Sammy Catalena, Coimnissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irina Cauley. Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT \YHEREAS, on Sth day of December 2015 the Court heard and approved a budget
amendment for the 2014-2015 budget year for Brazos County, Texas: and
WHEREAS, expenditure is necessary due to the necessityto meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 9 September 2014, the following
amendments) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the Sth day of December 2015.
THE COMMISSION1:12S COURT OF BRA%OS COUNTY, TEXAS.
B�.
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
16
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 14/15. 60.1
12/8/2015
FUNDI DIV
ACCT
PROJ DRICRI
ACCOUNT NAME
Increase I Decrease
0100 1 H000500
72590000
CR
Professional Fees -Other
37,114.64
0100 1
91110000
DR
Transfer to Ca ital Improvement Fund
57.114.64
4500
49023000
CR
Transfer from General Fund
S7,114.64
4500 63000500
S0213500
DR
So3ware -Judicial
57,114.64
General Fund Contingency
and Health Department Support
Reallocation of funds to the correct
division and account for the consultation services for the judicial software
proiect.
nri
1212/2015
E- 429 pg --i2-9/-?
BRAZOS COUiNTr, TEXAS
BUDGET ANIENDNIENT(S) FOR THE 2015-2016 BUDGET YEAR
N0.15/16 11.1 — 11.5
On this the Sth day of December 2015 at a regular meeting of the Commissioners' Coun, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct I
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Inna Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on Sth day of December 2015 the Court heard and approved a budget
amendment for the 2014-2015 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 8 September 2015, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the Sth day of December 2015.
THE. COMMISSIONERS COURT OF BRAZOS COUN'T'Y, TE\AS.
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Fol.02 a_% Pg. 01 �o
e rrSi nt y�nnm
!21212015
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No, 15116. 11.1
booth from
Vol. —'z- Fig, ��
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 11.2
12/8/2015
FUNDI DIV I
ACCT I
PROD I DRICR ACCOUNT NAME
Increase I Decrease
4500 63000500
67231000
CR Equipment - Electronic
1.076.00
4500 63000500
60500000
DR Equipment & IT Enhancements576.00
4500 63000500
721.55000
DR Computer Consulting500.00
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General Ca iud Improvement Fund:
I7 and Auditors Office
Reallocation of funds to the correct account for the purchase of the GHC Time Clock U Fades.
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Yui f s '"'fes 4e -„r n rrn
Date ,+ ?'12/21205
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 11.3
12/8/2015
FUND
DIV
ACCT
PROJ DR/CRJ
ACCOUNT NAME
Increase Decrease
0100
11001500
61130000
CR
Contin^enc/
3,243.47
0100
14000100
60211000
DR
Sotiware -;\'0 Tac
656.401
0100
14000100
60500000
DR
Equipment & IT Enhancements591.04
0100
14000100
65150000
DR
Computer Maintenance
104.00
0100
14000100
672030000
DR
Minor Computer Hardware
1.892.03
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General
Fund Contingency and Information Technology
Reallocation of funds to purchase ee ui meat and software for new positions 3 that were approved for FY 16.
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a- ;�::: KC as i.'•, E)iF :21
D2015
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116. 11.4
12/8/2015
FUNDI DIV I
ACCT I
PROJ DR/CRI ACCOUNT NAME
Increase I Decrease
Ot00 11000500
72590000
CR ProfessionalFees-Other
130,000.00
0100
9i 110000 I
DR Transfer to Capit al Improvement Fund
130,000.00
4500
49025000
CR ITransfer from General Fund
130.000.00
4500 63000500
50213500
I DR ISoftware - Judicial
130,000.00
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Non Departmental and General Ca roil Improvement Fund
Reallocation of funds to the correct
division and account for the consultation services for the judicial software
project.
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Vol. _ _� Pg. —&zk
i x; nnm
Date'-_ $«^'2/312015
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 11.5
121812015
Lg-
PERSONNEL I�
-
CHANGE OF -STATUS REQUESTS--
Commissioner
EQUESTS-
Commissioner Court Date: December 8, 2015
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
District Attorney Nelson, Diana Transfer to Another
Dept.
Information Technology
Juvenile - Detention
Records Management
Sheriffs Office- Detention
Sheriff's Office - Medical
Sheriff's Office - Patrol
Williams, Sean
Daily, Apollos
Balandran, Alexis
Jurk, Elizabeth
Lamb, Christopher
Schmidt, Jeremiah
Mobley, Mathew
Benavides, Francisco
Approved in Commissioners' Court: December 8, 2015 :
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
New Hire
Step Increase
Transfer to Another
Dept.
New Hire
Resignation
Promotion and Cell
Phone Allowance
New Hire
Termination
L_VQ �_ - —12--! i � 9 � a W_