HomeMy WebLinkAbout2016-03/01 10:00AM REGULAR MEETINGr
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BRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING AND AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON MARCH 1, 2016 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann
2. Call for Citizen input and/or concerns
3. Presentation(s)
Update from the Brazos Valley Groundwater Conservation District.
Consider and take action on agenda items 4-24:
4. Order dividing one election precinct (67) and combining into another election precinct
(70) to comply with City of Bryan annexation ordinance # 2116.
5. Request for Out of Sate Travel for Wayne Dicky travel to visit the Lafayette Parish
Correctional facility on February 22, 2016.
6. Acceptance of donated/awarded property abandoned by inmates.
7. Resolution 16-002 approving the Advance Funding Agreement for an On -System Local
Government Intersection Improvement Project with the Texas Department of
Transportation.
8. Resolution 16-003 authorizing the submission of a grant application for Brazos County
Drug Court.
9. Resolution 16-004 approving the submission of a grant application for the Victim
Services Project.
10. Resolution 16-005 approving the submission of a grant application for the Crimes
Against Women Unit.
Vol. 1.53
}
11. Resolution 16-006 opposing Texas Commission on Environmental Quality proposed
Permit No. WQ0015225001, KBARC, LLC.
12. Approval of the Job Description for Clerk, Temporary 1040 hours (Class Code 1713,
Position 2) District Clerk.
13. Inter -local Agreement with the Bryan Independent School District for funding the Read
by Third program for FY 2016.
14. Renewal of RFQ Contract 2016-159R for Road and Bridge Engineers and Surveyors
previously known as 2013-39.
15. Approval of the following evaluation committee for RFP # 2016-171, Installation of 8000
Gallon Vertical Storage Tanks:
• a. Judge Peters
• b. Irene Jett
• c. Gary Arnold
• d. Purchasing (non -voting)
• e. Legal (non -voting)
16. Renewal of contract # 2016-177R Solid Waste Hauling and Recycling, previously known
as contract # 2013-26.
17. Request permission to enter private property owned by Gene M. Woodell located at
4550 Dilly Shaw Tap Road. Project will require the County to clean out existing drainage
channel and place rock riprap near culvert outflow to control erosion. Site is located in
Precinct 2.
18. Acceptance of Los Lobos Subdivision into the Brazos County road maintenance
system; the roads (Los Lobos Drive, Venado Court and Mapache Court) and roadway
drainage structures are in compliance with the Brazos County Subdivision and
Development Regulations. Site is located in Precinct 2.
19. Acceptance of Louis Mikulin Road into the Brazos County road maintenance system; the
road and roadway drainage structures are in compliance with the Brazos County
Subdivision and Development Regulations. Site is located in Precinct 4.
20. Tax Refund Applications for the following:
• a. Brian and Donna Nelson -overpayment -$10.83
• b. McCord Engineering -overpayment -$1153.65
• c. McCord Engineering -overpayment -$2283.72
• d. Gary Doucette -overpayment -$151.36
• e. Jay Davis and Molly Watson -overpayment -$315.98
• f. James Fife -overpayment -$337.89
• g. Larry Fry -overpayment -$53.04
• h. William R Newman -overpayment -$1485.66
• i. Craig Scott Campbell -overpayment -$8.76
• j. Fig -Mint Photography -overpayment -$66.62
• k. Shawn Harvey -overpayment -$442.48
• I. Carl Schweikhardt-overpayment-$74.02
• m. Corelogic R.E. Tax Service -overpayment -$1773.50
• n. Guaranty Bank & Trust -overpayment -$1337.22
• o. James Obrien-overpayment-$94.10
• p. BBVA Compass Bank -overpayment -$3710.79
21. Commissioners Court minutes for the following dates:
vul. 0733 Pg. .2
• a. February 2, 2016 - Regular Meeting
• b. February 9, 2016 - Regular Meeting
• c. February 9, 2016 - Public Hearing
• d. February 16, 2016 - Regular Meeting
• e. February 23, 2016 - Regular Meeting
22. Budget Amendments.
Budget Amendments FY 15/16 23.1 -23.4
23. Personnel Change of Status.
Personnel Action Forms
24. Payment of Claims.
25. Sheriff's report on inmate population.
26. Announcement of interest items and possible future agenda topics.
27. Call for Citizen input and/or concerns
28. Adjourn.
Vol. a 33 Pg..2
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at
the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional
Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a
Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation
under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular,
Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,
and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the
Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting, Refusal to abide by the Court's Order and/or continued disruption of
the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or
group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity
of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly,
profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may he 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 properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses
from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without
notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge
and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing
policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ?551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community Is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in.the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361-4102.
vol. -Z 33 pg. 4/
MINUTES
MARCH 1, 2016
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the
Brazos County Commissioners Courtroom in the Administration Building, 200 South
Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday,
March 1, 2016 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.
1. Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann
2. Call for Citizen input and/or concerns
Judge Peters introduced the new Risk Manager, Melissa Perez. Mrs. Perez thanked
Jennifer Salazar for her help. She stated that she is excited to be in Brazos County and
ready to get started in her new position.
3. Presentation(s)
Update from the Brazos Valley Groundwater Conservation District.
Alan Day with Brazos Valley Groundwater Conservation District presented to the Court
vol..2
the annual report for 2015. Mr. Day stated that the revenue for 2015 was $628,000.00
and that the expenditures for the year was $549,000.00. Mr. Day said that they were
looking at future needs as well as educating the public on water conservation.
Commissioner Mallard asked if there are still discussions about diverting water to San
Antonio.
Mr. Day stated that the earliest that would happen would be 2020. He said that if it does
happen or if it does not, they have planned for it. He went on to say that they are
concerned about how much water would be diverted and what the effects would be.
A copy of the Brazos Valley Groundwater Conservation District 2015 Annual report is
attached.
Consider and take action on agenda items 4-24:
4. Order dividing one election precinct (67) and combining into another election precinct
(70) to comply with City of Bryan annexation ordinance # 2116.
A copy of the order is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena,
Cauley, Mallard, Peters, Wassermann
5. Request for Out of Sate Travel for Wayne Dicky travel to visit the Lafayette Parish
Correctional facility on February 22, 2016.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann
6. Acceptance of donated/awarded property abandoned by inmates.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann
7. Resolution 16-002 approving the Advance Funding Agreement for an On -System Local
Government Intersection Improvement Project with the Texas Department of
Transportation. '
Commissioner Wassermann stated that this agreement will allow the Texas Department
of Transportation (TXDOT) to work with Brazos County and the City of College Station
on the long awaited Greens Prairie Trail project.
Vol. 2 33 Pg.
A copy of the resolution is attached.
Motion: Approve,, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Members voting Ayes: Catalena, Cauley,
Mallard, Peters, Wassermann
8. Resolution 16-003 authorizing the submission of a grant application for Brazos County
Drug Court.
This is for the Brazos County Drug Court to operate for the 2017 Fiscal Year, September
1, 2016 through August 31, 2017.
A copy of the resolution is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann
9. Resolution 16-004 approving the submission of a grant application for the Victim
Services Project.
This is for the Victims Assistance Coordinator to operate in Brazos County for Fiscal
Year 2017 and Fiscal Year 2018.
A copy of the resolution is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Members voting Ayes: Catalena, Cauley,
Mallard, Peters, Wassermann
10. Resolution 16-005 approving the submission of a grant application for the Crimes
Against Women Unit.
This is for the Crimes Against Women Unit Grant to operate in Brazos County for Fiscal
Year 2017.
A copy of the resolution is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann
11. Resolution 16-006 opposing Texas Commission on Environmental Quality proposed
Permit No. WQ0015225001, KBARC, LLC.
Kenneth Neatherlin with KBARC, LLC who resides at 6834 FM 1179, Bryan, Texas
addressed the Court regarding this resolution. Mr. Neatherlin stated that it would set a
bad precedent for Brazos County to deny the application for this permit when it has been
approved by Texas Commission on Environmental Quality (TCEQ). Mr. Neatherlin said
Vol. 3 3 Pg. 9
that he is applying for development purposes. He said the package plant will be small
and cause less run off. He compared the plant to one that had been in the Nantucket
subdivision. He stated that no one had any issues or complaints about that plant. Mr.
Neatherlin commented that he has heard the negative concerns and he feels that most
people fear the unknown. He explained that the experts have said there should be no
issues with the plant. He also stated that he would like for the county to go through the
residential subdivision platting process.
Bonnie Webber who resides at 7765 Steep Hollow Road in Bryan, Texas spoke next.
Ms. Webber represents the Steep Hollow Action Association and stated that there are
currently 270 property owners. Ms. Webber feels that there are issues that have not
been addressed in this permit process. She stated that this plant could serve 4,000
residents and would cause continual run off to the creek in the area and could change
the flood plain for multiple properties.
Civil Counsel, Bill Ballard stated that water quality permits are usually granted by TCEQ,
but occasionally there are contested cases. Mr. Ballard said that it is important for the
Court to be active early on in these cases to protect the health, safety and welfare of the
citizens. He recommends that the Court pass this resolution.
Commissioner Catalena asked if TCEQ will make the final decision on this permit.
Mr. Ballard answered yes, but Brazos County will be a party in the case.
Mr. Netherlin spoke again and said that Mr. Ballard's facts were off. Mr. Netherlin said
that the permit was not opposed for Meadow Creek. He stated that he acquired the
permit from Wellborn Resources. He said he believes the opposition was with the
transfer of the permit.
Judge Peters commented that he understood for Brazos County to have any input the
Court would need to choose a side. He said he understands the concern of the citizens
and the fear of the unknown. Judge Peters went on to say that if science proves out
through TCEQ, What is the impact of passing the resolution?
Mr. Ballard said that it will align the Court with those who are protesting the permit. He
said that as facts are discovered we can choose not to be a part of the process. Mr.
Ballard said that there are problems when we choose to get involved too late in the
permit process. He said that the Court could certainly change their minds.
Commissioner Catalena stated that this just gives us a say at the hearing.
Judge Peters stated that the Court is not anti -development, but they do have to protect
the safety of the citizens.
A copy of the resolution is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters,
Vol. 2 3 3 Pg. 81
Wassermann
12. Approval of the Job Description for Clerk, Temporary 1040 hours (Class Code 1713,
Position 2) District Clerk.
A copy of the job description is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Members voting Ayes: Catalena, Cauley,
Mallard, Peters, Wassermann
13. Inter -local Agreement with the Bryan Independent School District for funding the Read
by Third program for FY 2016.
A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters, .
Wassermann
14. Renewal of RFQ Contract 2016-159R for Road and Bridge Engineers and Surveyors
previously known as 2013-39.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Other. 5-0. Members voting Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann
15. Approval of the following evaluation committee for RFP # 2016-171, Installation of 8000
Gallon Vertical Storage Tanks:
• a. Judge Peters
• b. Irene Jett
• c. Gary Arnold
• d. Purchasing (non -voting)
• e. Legal (non -voting)
Motion: , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann
16. Renewal of contract # 2016-177R Solid Waste Hauling and Recycling, previously known
as contract # 2013-26.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County
Judge Duane Peters. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann
Vol. •7 3 3 Pg. 7
17. Request permission to enter private property owned by Gene M. Woodell located at
4550 Dilly Shaw Tap Road. Project will require the County to clean out existing drainage
channel and place rock riprap near culvert outflow to control erosion. Site is located in
Precinct 2.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena,
Cauley, Mallard, Peters, Wassermann
18. Acceptance of Los Lobos Subdivision into the Brazos County road maintenance
system; the roads (Los Lobos Drive, Venado Court and Mapache Court) and roadway
drainage structures are in compliance with the Brazos County Subdivision and
Development Regulations. Site is located in Precinct 2.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Members voting Ayes: Catalena, Cauley,
Mallard, Peters, Wassermann
19. Acceptance of Louis Mikulin Road into the Brazos County road maintenance system; the
road and roadway drainage structures are in compliance with the Brazos County
Subdivision and Development Regulations. Site is located in Precinct 4.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann
20. Tax Refund Applications for the following:
• a. Brian and Donna Nelson -overpayment -$10.83
• b. McCord Engineering -overpayment -$1153.65
• c. McCord Engineering -overpayment -$2283.72
• d. Gary Doucette -overpayment -$151.36
• e. Jay Davis and Molly Watson -overpayment -$315.98
• f. James Fife -overpayment -$337.89
• g. Larry Fry -overpayment -$53.04
• h. William P. Newman -overpayment -$1485.66
• i. Craig Scott Campbell -overpayment -$8.76
• j. Fig -Mint Photography -overpayment -$66.62
• k. Shawn Harvey -overpayment -$442.48
• I. Carl Schweikhardt-overpayment-$74.02
• m. Corelogic R.E. Tax Service -overpayment -$1773.50
• n. Guaranty Bank & Trust -overpayment -$1337.22
• o. James Obrien-overpayment-$94.10
• p. BBVA Compass Bank -overpayment -$3710.79
Vol. 53 pg. /°
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Members voting Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann
21. Commissioners Court minutes for the following dates:
• a. February 2, 2016 - Regular Meeting
• b. February 9, 2016 - Regular Meeting
• c. February 9, 2016 - Public Hearing
• d. February 16, 2016 - Regular Meeting
• e. February 23, 2016 - Regular Meeting
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Ayes: Catalena,
Cauley, Mallard, Peters, Wassermann
22. Budget Amendments.
Budget Amendments FY 15/16 23.1 - 23.4
Judge Peters announced that the Court would only be voting to approve Budget
Amendments 23.1 through 23.3 and that 23.4 has been removed.
23.1 Reallocate funds for General Capital Improvements - Sheriffs Office.
23.2 Reallocate funds for Associate Judge #1.
23.3 Reallocate funds for Forfeiture Funds - County Attorney.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5-0. Members voting Ayes: Catalena, Cauley,
Mallard, Peters, Wassermann
23. Personnel Change of Status.
Personnel Action Forms
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 Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann
24. Payment of Claims.
Claims 7141868-7142111
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Vol. 3 3 Pg. if 1
Commissioner Lloyd Wassermann. Other. 5-0. Members voting Ayes: Catalena, Cauley,
Mallard, Peters, Wassermann
25. Sheriff's report on inmate population.
Chief Deputy Jim Stewart stated there were 592 inmates in jail, 54 have electronic
monitors and 12 are pending for monitors.
26. Announcement of interest items and possible future agenda topics.
There were no announcements.
27. Call for Citizen input and/or concerns
Bonnie Webber thanked the Court and Bill Ballard for the decision made today.
28. Adjourn.
Vol. 233 Pg. /ft
The foregoing minutes of the Commissioners Court meeting held March 1, 2016 have
been examined and are approved in open Court this CIA day of
, 2016, in Bryan, Brazos County, Texas .
Duane Peters
County Judge
Sammy Catal a
Commissio er, Precinct 2
Irma Cauley
Commissioner, Precinct 4
Attest:
Lloyd Wse�imann
Commissioner, Precinct 1
Ja
Kenny Ma11arr
Commissioner, Precinct 3
r \I
Vol. _3 Pg. / 3
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BRAZOS VALLEY GROUNDWATER
CONSERVATION DISTRICT
2015 ANNUAL REPORT
TO
BVGCD BOARD OF DIRECTORS
ON
ATTAINMENT OF MANAGEMENT PLAN OBJECTIVES
1
Vol. .' 33 Pg./_
1. Implement Strategies Providing For the Most Efficient Use of Groundwater:
la. Objective — Require all existing and new non-exempt wells constructed
within the boundaries of the District to be permitted by the District and operated in
accordance with District Rules. In addition, the District will encourage all exempt
wellsconstructedwithin the District boundaries to be registered with the District.
la. Performance Standard — The number of exempt and permitted wells
registered within the District will be reported annually in the District's Annual Report
submitted to the Board of Directors of the District.
la. Performance Measurement — A total of 54 new non-exempt wells were
permitted during 2015. The District registered 510 exempt wells (34 in Brazos
County, 32 in Robertson County, 444 oil and gas rig supply) in both counties
combined. Totals for all wells ending 2015:
Domestic/Livestock (Exempt) — 1321
Gas & Oil (Exempt) —1050
Historic Use (Permitted) — 647
Operating (Permitted) — 218
Drilling/Operating (Permitted) - 134
Vol. 33 Pg. /%
lb. Objective — Regulate the production of groundwater by permitting wells
within the District's boundaries based on beneficial use and in accordance with
District Rules. Each year the District will accept and process applications for the
permitted use of groundwater in the District, in accordance with the permitting
process established by District Rules. The District will regulate the production of
groundwater from permitted wells by verification of pumpage volumes using meters.
lb. Performance Standard —The number and type of applications made for
permitted use of groundwater in the District, number and type of permits issued by
the District, and amount of groundwater permitted will be included in the Annual
Report given to the Board of Directors.
lb. Performance Measurement —
Number of applications for permitted. use: 54
Type of applications made/permits issued
• Agricultural Irrigation — 9/9
• Industrial — 43/43
• Municipal — 0/0
• Rural Public Water Supply — 2/2
• Steam Electric — 0/0
3
Vol.. 3,3 Pg. it
2015 Permitted Water Production in Acre Feet by Aquifer/User Group
Agricultural
Industrial
Municipal
Rural
Water
Steam
Electric
Transported
Total
Permitted
BRA
334.00
1,508.00
1,842,00
Hooper
145.51
145.51
Simsboro
Calvert
Bluff
105.00
25.00
52.60
130:00
52.60
Carizzo
1.78
1.78
Queen City
140.00
307.90
447.90
Sparta
777.00
1.00
778.00
Yegua-
Jackson
205.00
205.00
Gulf Coast
0.00
579.00
2,877.28
0.00
146.51
0.00
0.00
3,602.79
4
Vol.J 33 Pg. If
2015 Annual Report to Commissioners' Court
Regional Planning:
• Brazos G Regional Water Planning Group met throughout 2015 successfully producing a regional plan
that has now been sent to the Texas Water Development Board for approval. Monitored their meetings
closely and provided input as needed.
• GMA-12 met regularly during 2015 working through the nine factors required by state law to be
considered when setting desired future conditions. The five Districts involved are:
- Brazos Valley GCD (Brazos, Robertson) .
Mid -East Texas GCD (Madison, Leon, Freestone)
- Post Oak Savannah GCD (Burleson, Milam)
- Fayette County GCD
- Lost Pines GCD (Lee, Bastrop)
- Six simulated model runs were done addressing current and anticipated pumping in each of the
districts and the effect of that pumping on the current desired future conditions within the districts.
The runs included modeling all permits issued pumping 100% of permitted water through 2070 and
a "ramp up" run of over the same time period. This included the Vista Ridge project sending 50,000
acre feet/year (35,000 Simsboro, 15,000 Carrizo) along the I-35 corridor to San Antonio. The
pumping originates in western Burleson County near the Lee/Burleson county line.
- The adoption of the initial desired future conditions must occur by May 1, 2016. Public hearings will
be held in each District once the District DFC's are set for each aquifer. This will include a DFC for the
Brazos River Alluvium this planning cycle. All comments will be considered by the GMA 12
representatives. Each comment will be addressed in an explanatory report that must accompany the
final adoption of the desired future conditions.
Monitoring Well Network:
• 150 wells currently in the network with about 70% measured monthly during 2015.
• Water level measurements are the basis upon which the aquifers are managed. The average of the
measurements across the District determines at what rate we are approaching the DFC. For instance,
the current DFC for the Simsboro aquifer is 270'. This simply means that the District desires the
hydraulic head (static level) be no more than an average of 270' lower in 2060 than it was in 2000. This
measurement is achieved by averaging well measurements, up dip and down, and comparing that to the
modeled amount for 2060. In September, 2015, the District measurement was at 29', well above our
DFC. There has been a 14% reduction over a 15 period.
Fees:
• 2015 fees were as follows:
- Public water supply production fees were assessed at $0.0325/1000 gallons on the first 100,000,000
gallons produced; $0.0425/1000 gallons produced thereafter.
Agricultural rate was $0.125/acre foot.
- Steam electric rate was $0.25/acre foot.
Industrial rates were $0.0425/1000 gallons produced.
- 2016 rates will remain the same as 2015.
Grant Program:
• Implemented in 2014.
• Anyone can apply for grant funds with a project that will demonstrably produce water conservation.
vol..Z. 33 Pg .2-°
BVWaterSmart Lawn Irrigation Network rolled out in February, 2015. Involves a weather
station/wireless rain gauge network that covers approximately 186 square miles in Brazos County.
Entities involved include College Station, Bryan, Wellborn SUD, and Wickson Creek SUD.
$91,000 granted including money to establish a website/webmaster program to alert, via email
push, homeowners as to the amount of water for lawn irrigation weekly throughout the year. This is
also viewable over the internet.
KBTX Conservation Tips aired from mid -March through September to promote water conservation
and promote the Irrigation Network. $21,000 was dedicated to this effort. This will be done again in
2016 during the same time frame.
The Board currently has eight projects under consideration for possible 2016 funding.
Rules:
• The Board began working in mid -2014 using Rules Workshops and committee meetings to formulate a
rule for enforcement of the desired future conditions. The Board worked monthly during 2015 to
advance a rule for this purpose. The rule (Rule 7.2) was adopted on January 14, 2016 setting in place
triggering mechanisms to ensure appropriate management methods are employed timely to prevent the
breaching of desired future conditions.
• The Board continues to work on a Conservation Credit Plan that incentives the employment of water
conservation methods. Credits will be accrued by permit holders based on the methods on conservation
used. The accrued credits will be available for use when a curtailment situation arises to soften the
curtailment to that particular permit holder. Expectations are to have the Plan in place during n2016.
Well Plugging.
• A well plugging protocol was adopted by the Board in August that mirrors the plugging rules established
by the Texas Department of Licensing and Regulation except for:
Brazos River Alluvium wells must be plugged under a more stringent protocol to avoid
contamination of the aquifer.
• A more robust well plugging program was put in place to incentivize the plugging of abandoned or
deteriorated water wells. The District now pays 75% of the cost of plugging up to a $1000
reimbursement.
• 2 wells plugged during 2015 under grant contracts.
Education:
• Taught approximately 4,500 4'h, 5'h, and 7th grade students about water conservation, protection of the
aquifers, how to avoid contamination, and the water cycle during 2015. 3,000 of the students were
taught in individual classroom settings.
• Distributed approximately 2,700 "Major Rivers" water curriculum packets for use in the 4th and 5th grade
classrooms.
• This included every ISD in Robertson County.
• Scheduled the annual "Water Field Day" at the Franklin Ranch Community Park on October 23`d solely
for all Robertson County 5`h grade students. The event was cancelled due to torrential rains but has been
rescheduled for May 19, 2016.
District Management Plan Update:
• The District Management Plan was reviewed during 2014 and early 2015 as required under Chapter 36
of the Texas Water Code. Every five years, the Plan must reflect the updated goals and objectives of the
District. Final adoption of the revised plan occurred on February 12, 2015. The Plan was submitted and
-
accepted by the Texas Water Development Board shortly after adoption. "
Vol. 233 Pg. �/
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Brazos Permits (379)
Vol. O. 33
Pg. 2 .2 l
lb. Performance Standard — Actual annual pumpage from each metered well
within the District will be reported annually and compared to the amount permitted
for that well. This information will be included in the District's Annual Report
submitted to the Board of Directors of the District.
lb. Performance Measurement — A spreadsheet detailing the 2015 actual
water production, permitted allowance, and fees for each metered well in the
District are shown below:
Name T — L•
•
... _
Braz_os River Authority .,__.
(Nano Supply
Cake limestone Water, lnc i_
lake limestone Water, Inc
Robertson County. WSC__,_. _
Robertson County_WSC J
Robertson County WSC
Robertson County WSC
Tri C ty SUD ! BVHU-0023
Permit #
•
BVHU-0016/BV0P-0131
BVHU-00171BVOP-0132
BVHU-0018
oun
Tri-County SUD BVHU-0024 ....
Tri-CountySUD 61/60:0188Twin Creek WSC BVHU-0019
Twin_ Creek_ WSC _ _ _ BVHU-0020 _
Twin Creek WSC _ -_ BVHU-0O21 96.07 28.90 $' 400.23;
[Twin Creek WSC 1 BVHU-0022 — _.._ ______ . __25.59 _ 14.54 •& _201.36 �:
. Wellborn SUD BVDO-00141BVOP-0174 1935.00 ' 121.60 $ .1,684.00 1
Welborn SUD BVHU-0058119VOP-0136 1153.35 .597.69 $ 8,277.21
Wlckson.Creek-•Robertson _ '. BVHU-0037. ,_ _ - .55.00 41.29r $._ _ _571.81j
Permitted Water Prod. Total• j
Amount 2015 in aclft Assessment
5.30 _ �_ .101 $___ __ _ 27.97
_ BVHU-0246
B_VH_U-D9_83/BVOP-0155 V."-_.---15.00 10_80 _ 149.57 i
BVHU-03021BVOP-0134 40.751 17:96 $ 248.72 j
BVHU-0303/BV0P-0135 80.51 - 23:33 $ 323.09 i
BVHU-00151BVOP-0130 ___25160 . 187.85 $ , 2,601.47.
236.40 105.22 _S-__ 9,457.16 l•
134.50 34.70, $ 480.55 J
- — 71.50 - 76.60 $ 1,060.81
119.330," _ 74.18, $ 1,02729
.___ 8400 _ __.122.01 $____ 1_,689.681
145.51,.._.-' 0.00 -$ 7).
— - 63.31 ' 58.16 $ 805.44-
53:06• 53:05 $ . 734.67
'} Robertson County t --
Rural 4573.75 1569.90 $ 21,741.02
Brazos Valley Septl� & Water L •BVHU-09811BVOP-0153 5.00 - 4.20 $ 58.164
_ BVHU-098018VOP0150 15.ODS 13 S2r$ _ 187.23 r
-_ I - BVHU-09821BVOP-0151 .30.00 10.67$ 147.77 •i•
BVHU-0984/BVOP-0152 26.00 25.27f__ _ 349.96 I
BVHU-09851BVOPr011
J. BVHU-0053
BVHU,0054
BVHU-0055 .
Nerro Supply
_
1_Nerro Supply
__
Nerro Supply
Nerro Supply . .
Welborn SUD
We00orn SUD
Wellborn SUD
Wellborn SUD
Wellborn SUD
Wellborn SUD
Wk:kson Creek - Brazos
WIckson Creek - Brazob
Wickson Creek - Brazos
Wickson Creek Brazos
Wlckson Creek - Brazos
`W lckson Creek.- Brazos
Wickson Creek - Brazos _ _._ .
278.30
258.13
225.87
384.72. $ 5,327.86j.
76.00 $ 1,052.60 '.
191.20 $ 2,647.87
BVHU-0056 226.87 _ 191.20 $_ 2,647.87 F
t BVHU-0057 ..297.125• 292.035 4,044.23•,
BV -5P-0174 _ ( 125 81St + - -7.04 $ 97.49
_. _. r...- BVDO-0042 - - _ 700.00 682.61 $ 9,45 9,24 i
BVDO-0142_ . , 400.00 0.00 $. __..
I BVHU-0027 - 250:14_ $ 3;464.11
518.00
BVHU-0028 i 72.00'
BVHU-0029 t. 335.00
0.00'$ -
.27 •:•
BVHU-0030 __ 591.00 _ 413.20 $ 5,722.27,
BVOP-O048 . _ 500.00 — _ _- 539.21 $ 7,_157.34
Rural Brazos County I _.._._..T 4629.11
5
•
3177.51 $ 44,004.28_1
Ivo!. 33 Pg ._g_3
Permltted Water Prod. Total
Name____ .._ _._ _ _ ..-._• _•?- ..—.__.— Permit # _ _ _ . Amount 2015 in adft Assessment;
Bremond,.City of _ — - -
Bremond, City of •BVHU•0013fBVOP_0146 —_ 60.001_ __... 0.00 $ =...-s
IBremond, Cityof r BVHU-00141BVOP-0147 . 84.00 23.72 $ _ .328.49]
1 mond, City -of — _ BVHU-00151BV0P-0148 123.00 ___ — 52:91 $ ___:732.73_;
Bremond, Cityor 61/14-11-6-0161BVOP-0149_ 134_00 ______ _53.71_1_ • 744.09
'
Calvert,. City of__.;_.:. .._.. ._
.___::__....__.--.—.•— . _ BVOP-0010 __ _ 1-69.00 B.0O S .___-;
Calvert, City Of- BV0P-0011_' . 182.00 65.61 $ 908.61
Calvert, City of —- _ BVOP-0012 273;00 146.60 $ 2,030.21 j
Franklin, City of ._.._._^• —.— -
._ _BVpO.0054 •
12600. _ 138.04 $ _-_ 1,911_67 !
`Franklin, City of __ _ BVOP-0027 116.00 3.17j_S _ 43.90 i
Franklin, City of _ BV_OP-0028 . 116.00 45.291_6. 627.21
Franklin, C of - I BVOP-0029 116.00 49•501$ 68.1
Hearn, City of r BVHU-0011 _......._. -..- 494.00 • _ 146.02 $ 2,022.18
Hearne, City of -.—... - - BVHU-0012 • - 577.00 358.56! $ . — 4,965.58 i
. Hearne, City of _ _ _B_VHU-0013 ._- 312.00 2 .t111 _$ _ 3,339.05
r
Hearn, City of _ __,_._...___ ___._ .__ BVHU-0014 474.00 . 253.08 S _,3,504.82 i
$ -
1MuniCipal Robertson 3327;00., 1577.34 $—_ 21 _.,_80644.
i B- ry- an, City of _ . BVDO-0003 4838.00 ____-__-114833 _$--.15,902:84 I
Bryan, City of BVHU-0001 _ 7i6.001. - $ - i
Bryan, City of _ BVHU-0002 686.00 • —06...006°4 $ I
:Bryan, City of BVHU-0003 - 2286.54 . 105.24, .5 _. .1,457.43 I
'Bryan, City of !,_-- BVHU-0004 1413.53 .. 0.00 $. _-- .
Bryan, City of ___—_ --- _— - —~- —� BVHU-0005 3020.04^ 2544.45 $ 35,237.24 i
-
Bryan, City of --_--__�_-- BVHU-0006 3784.56 . 2022.63, $ .28,010.73
[Bryan, City of
Il3ryan,.City of._.. — _._ _ ._. —... BVHU-0008 3841.55 768.69 $ • 10,645.33 ,
Bryryari, City.
1B ane Cityof
Bryan, Csty of — ----- ....-_..-
iCollege Station,_City of _ __ _-{• BVDO-0001 . 1290.00 230.64. $ 3,194.06 s
=College Station, City of _____ __ �_..___ __-BVD0 60002 .._._._. J_ 129000 173.56;_$ ___2,402,51.1
1.
[College Station., City of —_ _ BVDO-0013 ! 4839.00 3297.491 $ 45,665.84
College Station,. City -of _ _— r _ BVDO 0053 _ 2390.00 2455.04 _$ ,_ 3,999.03!
Sokge Station, Cityof ___...--_._...—._.. _ _ _BVDO-0152 2855.00 _ _ O.OOr_$ .____—_•_ _
ICoAege Station, City of __—_ . — _ BVHU-0038 —,J --..2423.00 — 1366.0?U . 18,91825
�Colege Station,City of _ _ -, BVHU-0039 2386.00 1215.15 $ 16,828.21 1
'ICollege Station, City of ._—._____ ._.._I—_._, r.VHU-0040_x_•—__F — _ 2381.00 —�_ _ 1710.81 $ ...?3,.c92.4.4
!Collor Station_ City of BVHU-0042 2726.00' 1723.47. $ 23,867.76 i
1Collego Station, City of ______ __ ._1. ._ BVHU-0043 __ 2792.00 _ _ 1142.86
:Texas AB,M University.____•.—__— BVHU-0450—.1.___ 789.68 _464.04
;Texas ABM University _—_—_ BVHU•0451 ,-,L 753.531'— - 348.83,
iTexas ABM University BVHU-0452 _ _ 235.43 226.721_5 3;139.77
rT�exas ABM University _ BVHU-0453 T45.68 416.84 .$ _5,77268 {
+Texas ABM University _ _� BVHU•0454 2337.14 1111.23 $ 15,389.05 i il-Texas ABM University BVHU-0455 2864.001 1563.18 $ ._ ?1,547.96 r
iTexas A&M University —_—__ BVHU-0456 • 2444.77 •'581.76 $_•__ 8,056_60
'Texas AMMUniversity______ _ _ F........._. B_VOP-0003 __ 185.00 .__—_ 176_46]. $ 2,443.74 1
tiexasABMUniversity
_ __—_ __ +. BVOP-0004— _ "-282.00 271.11 $._..... 3,754.51,
;Texas ABM University ---__ � BVOP;0005 _ __� �� 523.00 . _ 20.86 S� -• 288.88 1
!MunieipalBraios ___ ..__—.._._...._.-.- �_-- 70072.62. 31536:945 •.436,744
BVHU-0012faVOP-0145• , 40,004_ - 0.00 S;_•• •_•,_ _ •
BVHU-0007 3492.51 .1942.05 $ 26,894.801
BVHU-0009 3297.04 2068.94 $ 28,652.06 +
t BVHU-0010 3460 72 --- 2440.497$ 33,797.53.1
__ BVHU•0041 _ _ 2703.70 0.00 $ -
6
$_—_15, B27.08
x$___6,42.66.341.
$ 4,830.831
Vol. 4Z p9•-� `L
_ _ _ _ _ _ _ Permitted Water Prod:; Total].
_ 1 __— - — m 1 .
Name —._ r .___......_ Permit # Amount,_ 2015 in aclR! l�sessment-1
Anadarko Petroleum
BVOP-0240 4.00 4.001 $ 55.39
Anadarko Petroleum _-- BVOP=0241 39.00 39.00; $• 540.10
Anadarko Petroleum _ _ BVOP-0242 _ _ _ _ 39.00 . .. _ 39.00j.$ , _ 540.10
Anadarko Petroleum — _ _ - BVOP 02. — 43_ 39.0 _ 0 ' _ 39.001 $ 540.10 i
Anadarko Petroleum BV_POP 0244 - 00 39. _ 39.00 $ 540.10
Anadarko Petroleum-. —__.._..._— BVO-0245 3.00 3.00iS:41.551
Anadarko Petroleum '___— _ _ __ — — _,BVOP-0246 _3.00 ' 3.00;i Z_. _ ... 41.55
i orski Dorothy.
Briercrest Country Club _ __
Brooks, James M
.I
BVOP-0172 F 56.00 0.00,_$___.
HVHU•U_0069 154.60!' '118.25$ 1,637.60'
BVDO-0099 _...__ _ -- _ 7.00
6.221$ 86.14
Bryan Texas Utilities _1,uo0.33
C-3 College Station, LLC
Homestead U
Circle D Nurseries•
1DeVore, Jason.. , _
Fortex Grass
GLP Technologies
;1.
BVDO-0201 22.00 ' 0.00; $ _-
BVDO-0124 �� $-_- 383.75 1
BVDO-0028 ' .1.34 . 0.88! $ _. 12.19 I
1
BVDO=0021
BVDO-0019
BVHU-0092
v5.00I
0.00 $
1.00` 0.551 $ _•� 7.62 i
5.00
0.241. $ 3.32 !
Grid Raceplox Holdings, Ltd. 1• BVOP-0177 .30.00 0.0011_
t- - p g�_-- —......_ _ ,__.._.... -
!Grid ceRa lex Holdings, Ltd BVOP-0178 ' '' '30.00 0.06..
!grid Raceplex Holc5 gs, Ltd. _ BVOP-0179 30.00 0.00j $ - !
'Halton Resources BVDO-0157 1 70.00 ' 0.00° S. _ _..__ _ I
lHalcon .
r� BVDO 2.00 -0158 0:00 $
•
Halton Resources. .. BVDO-0161 70.00 _ 0.00 $
!Halcon Resources
Halcon Resources
Resources
Hakon.Resources_ ,
so IHalcon.Reurces
--'"r
Flacon Resources •-__.__
'Halcon Resources
Halton Resources
Halcon:Resources
!Halton Resources T
Halton Resources
Halcon.Resources
Halcon.Resources ..
Halcon Resources
Halcon Resources
Halcon Resources .
Halcon Resources
HaIeon Resources ___ _ �_— _ _ —•
Halton Resources _ __ --___, _• _
Halcon Resources
rHalcon Resources
Halcon:Resources_
Hawkwood Energy Operating, LLC
I Hawkwood Energy_Operating,.a=LC
rHawkwood Energy Operating,• LLC
I Hawkwood Energy Operating, LLC
I Hawkwood Energy Operating, LLC . 1T
!Hawkweed Energy_Operating, LLC
I Hawkwood _ Energy Operating, LLC _ _
Hill Ranch _ _ ___.
Knife River Corporation
Knife River Corporation
rLonestar Operating, LLC t BVOP-0189
Marlin Energy Resources, LLCBVDO=0159 120:00
Marlin Energy_ Resources, LLC BVDO-0160 120.00
Melvin Estate _ BVOP-0182 j 110.00 0.00 $
•
- .1.
BVDO-0162 35.00 • 0.00` $ _-
BVDO-0163 35.00: _ 0.00 $
BVDO-0166 1--�35:00 0.00-
BVDO-0171 _30.00 0.00. $
BVDO-0175 30.00 0.00 S
BVDO-0177�
Bvoc oiao
BVOO.0181
BVDO-0182
BVDO_0183
BVDO.0190
_ BVOP-Q190 _
BVOP-0191
BVOP-0192
BVOP-0193
9VOP_ 0194_
BVOP-0195
BVOP-0196_,
-__ BVOP=0197_
:BVOP-0198
_ BVOP-0205
BVOP-0216
BVDO-0192
75.00 - --- O.OOr $ -- -
70.00 0.00( $ _
70.00 .- __ 70.00 $' 969.41
70.00 0.001 $ - j.
70.00 o.ao $
J 70.00 _ __ 7.0.00 $ 969.41 ,
___ ____70.00.1_______2,004_5 •----- •• - -f
.70.00 0.00$ _
70.00 • 0.00, $ - '
70.00
70.00
70.00 0.00, $ -
_._.... 70.00 ..M _.- 0.00 • $ __._. _ _ !
70.00{ - 0.00! $�____;
70.00. _ — o.00 $ - J
:30.00 30.001 5: 415.461.
150.00. 150.00 $ 2,077.301
150.00 -:---------_Y
BVDO-0193
BVDO-0197
BVOP-0184
BVOP-0185
_ _ BVOP-0186
__. .BVOP-0187 __
�_BVOP,0216
BVDOr0117_
BVOP-0158
150.00 150.00 $ 2,007_30 1
150.004 $ 2,077.30 J
---- 0:001 $
- --0;00$
.80.00 0.00i $ - i
120.00 0.00V$ •T --,
200A0
.....
200.00 0.00 S. _:_._.._, __ !
_-.. _. __ 150.00
150.00
32.00
20.00
_ 9.66 $- . -133 781.
•5.461 $ 75.61 !
8
Vol. g--aZ
j � Permitted Wator Prod: Total
Permit # Amount 2015 in ac/ft Assessment
Anderson Estate. BVHU-1070 600,00 _ - 0.001 $ _ - _
Anderson Estate BVHU-1071 fi00.00�6 99 5 Y� 0 87�
Brien, James & Ellen BVDO-0134 _-- 542.00 __._.. __.. ; X02.19. $
Burnett, David _ ___
Cfrcls X Camp Cooley_.Ranch, Ltd.
CircleX Camp Cooley Ranch, Ltd.
L.CiF5.1..!• X Cam_p__ _ _ Ranch, 'Ltd.
iGrcle XCamp CooleyRanch, Lid.
Circle X Camp Cooley Ranch,_Ltd.
Carpenter,. Dale
Carpenter, Dale
Circle X Land'& Cattle
Circle X Land.& Cattle
Circle X.Land & Cattle
Circle X.Land & Cattle
Circle X Land & Cattle .
Circlo X Land & Cattle
Conn, Larry ...._..._._ BVDO-0018
Conn, Larry
___.....,�._ ;.._.._..—. BVDO-0046 _..__.
Conn, Larry_ BVOP-0094
Connatser, William BVDO-0098
Corpora, Vence 13VD0-0055
i-Corpora, Ryan, Stoat , BVD0-0090
Corpora, Ryan, Sloat . BVDO-0091 _ •
Epps, Frank N
Fazzino, Lee ' .BVHU-1025
Gregurek, Edward L. BVD0-0037
'Clem iiOA Poultry,..LC _
Llem HO A Poutry, LLC__-- — _
LLlem HOA Poultry,
Liere Dairy
Liere Dairy
____ BVDO-0184 _
BVDO-0185 .
BVDO-0186
-_ BVDO-0118
BVHU-1101
Caere Dairy --- �...--._._... BVHU-1102^__�.
Lockhart, Bart _ _ L., _ BVHU-0142
Mackey, WOfis I BVDO-0103.
BVDO.0102 24:00 0.91
BVDO.0147 .:_i 30.00 9.09
BVDO 0148 30.00 14.10
BVDO-0149 30.00 0.04
_...__.-. BVOP-0017 125.0 -125.00 S 15.63
BVOP-0018 _ _125.00 125.00 $ 15.63 :
BVDO.0092 . 894.00 336.45 $ 42.06_,
BVHU 0143 45.00 0.00 $ - : 1
• .BVHU-0144 45.00 .__•- 0.00 $ _--
- __ - BVHU-0145 _ . 30.00 0.00 $.
BVHU-•0146_ _ J 0.00. $
BVDO-0108 -1400.00. .789.00 $ _ _ 98.63
Neal, Murray
.Philipello,_Nathari. _—_�
Philipello, Nathan
Philipello, Nathan -
Ram' T y
Reistino, Maria & Meissa
Rolke Ranch _
Rolke Ranch
,RolkeRanch
ROIkeRanch ----•--- -.. _ 1�45.00— _�•
Skiles, Clifford III (Trey)—
Skiles Family Partnership, C.A. � _BVHU-1058 20770.00p_ 14445.00 $ 1,80.5.63 :
•8mitherman, Robert - �Lw BVDO-0172 30.00 0.05 5 0,01 I
iSmitherinan, Robert -.._._ BVDO-0173 30.00 —5.26 $ 0.66.
Smitherrnan, Robert _ _ _ BVDO.0174 _ _, _ 30.00 2.421 $ -0.30 i
Watson,_Rfchard _BVDO.0115 - 54.50 2626E $ 328
Wright, Larry _..—.___.....�__... _ _._ BVOP-0156 100.00 2&41� $ 3.55 l
iAgrfcuttural- Robertsont...___._....__.._..•-•--. ...__ _ �...-34801.56 17214.98' $•_-• 2,151.87i:
12.77
_ _ BVDO-0009 242.00,_,-._.. .48.46 $_-___6.06 i
�- �BVDO-0017 - 110.00 0.00` $ -_•
_ BVDO-0025 .. .. 110.00 ., .. 0.00 $ , ^
SVDO-0026 110:00. 1.36 $ •0.17
BVDO-0027 _ 110.00 _--0.00,S____..___..�»..l
BVOP_00M _- 110.00 ' _ 16.0_4 $ _. _.... 2.01 1
_ f9VDt]-0100 _ _ 117.0oL. - ., _ . 0.02_( $ 0.00 i
•
:._._ BVDO-_--_
•
i T^BVHU-0433•' _ •
280.00
BVHU-0434' 280.0
BVHU-0435' 2800.00
BVHU_ 0436• .56.00
BVHU-0438•
BVHU-0439•
-BVOP-0047
- 600,001-•-- .0.00 $— - - --
.__600.00 600.00_$ --_ 755:00
700.00 . 0.00 $ .._._._.- ;.
T--30.00 r ---- 0.061( $ 0.01_
560.00 __0.00 $ __
26.00 2.29 $ . » 0.29 .�
_ 115.001--_� 0A0 $
._ 5.17 S • 02651
0 0.00 $
116.50-.$ • 1 6
0.00 $ -
56.00 0.00 $
35.00 .5.30 $ 0.66
35.00 5.30 $ 0.66
'35.00y _ 5.30 S - 0.66'
$ 0.15
35.00 0_00 S
35.00TC .._-.,-_•-�_ I
_35.00;0.00
720.00] 110.59 $ - 13.82
_ 254.00. 21_8.561_$ _ 27.32]
720.00 —_ 58.74
160.00• 3.38 $
.. 20.00,- � 032 $ -: D
S.
$ - 1.78
$ 0.01
10
Vol. oZ33.�--
i............... ........_.__. .. nine- -- --- .... _-... ......» ---. ...._. _. ..... ..._. - ---'-----' -- 7-• -'---_.. -.__.
Permitted Water.Prod.•_ Total i
Name
5 Permit # Amou
nt. 201In acltt Assessment
lABF Farms Dobrovol , Jason . ii BVOP-0119 30.00 -u----0.00 S I
A8F Farms {Dobrovolny, Jason)__ _. __••_.t —_ BVOP-0120 30.00; 0.00. •$ -
A8F Farms {Dobrovolny,. Jason) ._ BVOP-0121 ... ..._.._._...._._.._ ».... ...!
A8F Farms(Dobrovolny, Jason) __ ,BVOP-0122 — 40.00'. 0.00 $ _
A&F Farnis_(Dobrovolny, Jason) - BVOP-0123 40.00 0.00 $
0.00{ $ .- � 'Brien. Jeff BVDOr0113 • 120.00 _
Carrabba Brothers __— • _ .—_—_BVDO-0153 74.00 _ _ 10.55 $ 132 i
Carrabba Brothers BVOP-0165 56.67 . 0.00f $ -
.CarrabbaBrothers- .._—.._ BVOP_0166.__-.._.,_._.______ X
8 87 4 .�:—,
OOJ_S_.._. ;..,_J
Carrabba Brothers - - BVOP-0167 56.66 0.001 $
Circle XLand Cattle BVHU-Q437• . •56.00 06.0°0° S •
-
j —Dawson, Daniel _ BVDO.0052 _ _ 19.00 _ 2.65. $ 0.33j
�F.orsthoff, Robert G. _ • BVHU-0502• I. 20.00'. 0 $ •
_
i Forsthoff, Robert G.• BVHU-0503 0020.00 0.00 $ .
Forsthoff, Robert G. BVHU-0504 20.00 0.00 $
Greenwood, Kyle _._.._..__.......P_ 80.00 6.681 r- S __ �_ 0.84 E
'Inguran, LLC dba Sexing Technology, __.._. ,____•-___, BVD0.0126_._...__.. ,. _,_•-. 280.00;•_•. _.__ 73.461 $ _ 9.18 j
ILampo, NOcti;el _..__.. _.__._...._ BVHU 0153 22.40 9.21 $ 1.15 :
Lampe, Michael 1 BVHU-0154 22.40 8.211 $ 1.161
1 —McGuire , Charles _ _ _—_ _ __—• �_ __ _, BVDO-0122 100.00 8.S7j S 1.21
;Melvin Estate -I BVOP-0183' I.
165,00 O:OOL $ — - E
!Messina Hoff Winery •_.__.._. —_.. , BVDO-0075 80.00 4.341 $ _ _ 0`541
!MessinaHoffWinery BVHU-0077A 4.30 1.80, $ 0.23 ,
• -_..line ... 0.0
LPau11,,Marcella . ,. ... . BVDO-0146 . . . 40.001 , , 40.0-0] .$ ___--5.00 1.
!Rutfino, Preston J. III• I — BVOP-0159 • 111.001:. _ _ 0.0ct$ _, _•_ _ - ••
Bcasta} Robert Lee BVOP-0157. 60.00 0.00' $ --
-—. —�.line- •-
'Wall, Jerry BVCIP-0164' 150.00 6.12 $ . 0.77 j
�Wa11, Jim BVDO-0150' 200.00 0.06E $ 0.01
IWail,Jim _ BVDO-0159• ..1 200.00 0.00 $ - i.
iAgricultural . Brazos ._..___._._._..— _.__..� —. ._ __.__. .4 - 21T4.10 _ 173.96E $ . 21.75 E
i E
4
!GGrrand Total -L - _ . - - .140130.96 , 64239.06` $ 573,997.05
, L ,
_. _-- _ —nine —_ .._ .____._..__._ .�---__..._.____..;
Duel use permits _ +
•• Steam Electric. permits I-
11
Vol. 33 Pg.Y
lc. Objective — Conduct ongoing monitoring of the aquifers underlying the
District and the current groundwater production within the District, and then assess
the available groundwater that can be produced from each aquifer within the District
after sufficient data are collected and evaluated. Using this data and information
developed for -GMA-12 the District will re-evaluate availability goals as necessary
and will permit wells in accordance with the appropriate production goals.
1c. Performance Standard — The. District will conduct the appropriate studies to
identify- the issues and criteria needed to address groundwater management needs
within the:Dist'rict's boundaries. Groundwater availability goals will take into
consideration the GMA-12 planning and research of the hydrogeological and geologic
characteristics of the aquifers, which may include, but not necessarily be limited to,
the amount of water use, water quality, and: water level declines.
lc. Performance Measurement — 180 wells are now being monitored across
the District encompassing all aquifers. Of that number, 101 lie over the Carrizo-
Wilcox group, 79 over the Brazos River Alluvium, Queen City, Sparta, and
Yegua-Jackson. The total number of readings for all monitoring wells was 1,048.
A comparison with previous years shows the well monitoring program remains
robust and the most effective method to ascertain aquifer levels in relationship to
the desired future conditions.
• 2014 — 166 wells in the network —1,344 measurements
• 2013 — 166 wells in the network—1,278measurements
• 2012-151 wells in the network -816. measurements
• 2011 —114 wells in the network — 404 measurements
During the September 10, 2015 board meeting, the Districts' hydrologist, John
Seifert, updated the Board on the average artesian head change for each aquifer
and comparison of the average artesian head change for each aquifer with the
DFC for each aquifer.
12
Vol. 2 3 3 _ Pg.�
The report indicated positive relationship between average water levels within
the aquifers and the DFC's.
Groundwater Management Area 12 (GMA 12) DFCs were adopted in April,
2010 and are currently being re-evaluated for adoption not later than May, 2016.
GMA 12 is meeting on a regular basis to establish DFCs for each of the aquifers
managed by the respective districts represented. Several groundwater
availability model runs have been performed during the GMA 12 planning
process to assess current and predicted future impact of production from each of
the aquifers. The BVGCD database of readings being used to assist in verifying
how well the current Groundwater Availability Model (GAM) predicts the
drawdown of the aquifers. District data will also help improve prediction of the
modeled available groundwater, if in fact drawdown levels are not what the
model has predicted. Assessment of the past three years of monitoring well data.
compared to the GAM projected drawdown .of the aquifers indicates the
aquifers are responding more favorably than the GAM estimates. This is a
positive development, but no assessment can be made at this time as to how
relative the model is inpredicting the drawdown as it relates to the DEC's of the
regulated aquifers.
All hydrologists for the GMA-12 districts were instructed to analyze the current
model, data developed within the respective groundwater districts, and
determine if an update of the model is warranted and costs associated with the
update. That meeting occurred December 9, 2013 resulting in GMA-12
instructing the hydrologists to contact the Texas Water Development Board
(TWDB) about updating the model and a possible partnering with TWDB on the
update. In November, 2014, TWDB published a Request for Qualifications
(RFQ) for the aforementioned GAM update. Work on the update should begin
in 2016.
BVGCD has committed $130,000.00 to the improvement of the Central Queen
City-Sparta/Carrizo-Wilcox Groundwater Availability Model (GAM). The
13
Vol. 233 —
update will focus on better defining faults and their impacts,
surface/groundwater interaction along the Brazos and Colorado River basins,
and improved definition of interaction between aquifers., This is a joint effort
involving financial or in -kind service from Post Oak Savannah GCD, Mid -Cast
Texas, GCD, Lost Pines GCD, and the Texas Water Development Board. The
GAM will likely be available for use by the districts within GMA 12 by late 2017.
The Board declared the Brazos River Alluvium relevant for this round of DFC
determination. The Alluvium wasdeclared non -relevant but self-regulating in
2010 leading to nodesignationof a DFC. With relevancy declared, a DFC will be
required to be set for the aquifer. -
The '1'Wi)B is currently working to establish a GAMfor the Brazos River
Alluvium. It is not known at this- time when to expect the completed product, but.
once completed, it should aid in a more accurate determination of future DFCs
for the aquifer.
14
Vol. -� 33 pg. 3.2
lc. Performance Standard — A progress report on the work of the District
regarding the groundwater availability will be written annually, as substantial
additional data are developed. The progress report will be included in the annual
report to the District Board of Directors..
lc. Performance Measurement — The Brazos Valley Groundwater
Conservation District (BVGCD) has inventoried pumping of permit holders for
several years. Obtaining accurate data regarding the quantity of groundwater
pumped is an important effort with data collected on a monthly or annual basis.
Water -level data are collected from a water -level monitoring network to
evaluate water -level changes that occur through the year or over a number of
years in response to changes in groundwater pumping. The data will continue to
be collected and utilized as overall groundwater availability within the BVGCD
is evaluated. Data being collected will be utilized in current round of GMA-12
planning scheduled to be completed by May, 2016. At that time, revised
estimates of groundwater availability will be developed based on the review of
the groundwater pumping and well water -level data being, collected and
evaluated. Results from the BVGCD's efforts also will provide data for the
Texas Water Development Board (TWDB) regional groundwater availability
model used as a water resources planning tool.
From 2007 through 2015, GMA-12, composed of five groundwater districts,
participated in the process of developing desired future conditions (DFCs).
During that time the BVGCD was enhancing its inventory of groundwater
pumping and also initiating a program of water -level monitoring to provide data
for continuing evaluation of groundwater resources. The collection of water -
level monitoring data by the BVGCD began during the latter part of 2010, with
data before that time for a limited number of wells collectedby the TWDB.
As part of the GMA-12 effort, estimates of Modeled Available Groundwater
(MAG) were developed by the TWDB in the latter part of 2010 based on the-..
1.5
Vol. .Z.33 Pg. 33
DFCs. The estimates of MAG within the BVGCD are given in Table 1. The
Brazos Alluvium Aquifer was declared non -relevant and self-regulating during
the 2010 round of DFC determination. The Board declared the Alluvium
relevant for the 2016 DFC planning process.
Table 1. Estimates of Groundwater Availability
Aquifer
Modeled Available
Groundwater, ac-ft/yr
Carrizo
5,496
Queen City
529
Simsboro
96,185
Calvert Bluff
1,755
Hooper
316
Sparta
7,923
Yegua-Jackson
7,071
Table 2. Metered Groundwater Pumping, ac-ft/yr
Aquifer
2012
2013
2014
2015
Carrizo
1,056.30
806.43
852.28 -
665.50
Queen City
105.78
64.40
496.57
189.78
Simsboro
53,498.77
64,106.92
62,946.34
56,638.46
Calvert Bluff
124.99
81.77
183.50
160.07
'Hooper
714.21
794.24
. ' 1,065.07
1,084.25
Sparta
3,099.50
3,402.06
5,358.33
4,122.06
Yegua-Jackson
1,418.33
1,438.37
2,533.23
1,664.27
Water -Level Monitoring Data for 2011-2015
As groundwater pumping occurs within the BYGCD, water levels are measured in wells
screening the aquifers to evaluate their response to continuing pumping. The TWDB
16
[vat. 233 Pg.3d
has had a program of measuring water levels in certain wells within the BVGCD for
decades. With that program, water levels were measured in about 21 wells on an
annual basis. Beginning in 2009, the BVGCD also began measuring water levels in 5
additional wells screening sands of the.Simsboro Aquifer.
The BVGCD expanded its water -level measuring program in the latter part of 2010 to
include an additional 34 wells. The water -level was measured at least once in each of
the wells and for some of the wells at least two times during the year. This water -level
monitoring effort was in addition to the 21 wells that are a part of the TWDB water -
level measuring network.
In 2011, the well water -level monitoring program was expanded further with water
levels measured in additional wells that screened sands of the various aquifers
providing water within the BVGCD. 114 wells were monitored at least once during the
course Of the year. Monitoring was done across all aquifers with most having at least 2
monitoring wells.
During 2012, 151 wells were monitored in the network. Several of these wells were not
monitored. during 2012 because steel tape measurements were ceased. This was in
response to a report of possible damage done to one well.
The well monitoring. program grew to 166 wells covering all eight of the relevant
District aquifers during 2013. A minimum of two monitor wells are used in each of the
aquifers. The City of Bryan Well #18 has been equipped with a well bubbling unit
which allows the District and the city continuous to receive static water level
measurements in real time.
In 2014, the well monitoring network was comprised of 164 wells covering all eight
aquifers in the District. At least two wells were measured in each of these aquifers:
Ilydrographs werepresented at each Board meeting reflecting an averageof water level
measurements taken each month.
17
Vol.,23? pg. gc
During 2015, the monitoring wells network grew to 179 wells with heavy emphasis on
adding wells in the unconfined portions of the aquifers. A high level of importance was
placed on locating unconfined wells in .the Hooper and Simsboro aquifers. Several were
also located in both the Calvert Bluff and Queen City aquifers. District staff continues
to search for wells, both confined and unconfined, in the Sparta and Carrizo aquifers.
Some wells were taken out of the monitoring network do to their close proximity to
other monitoring wells in the same aquifer with more measurement data.
Board members at each permit hearing and board meeting are provided a table listing
the modeled available groundwater assessed for each aquifer, the amount of water
permitted in each aquifer or aquifer subdivision, and the amount of water pumped
front each aquifer during 2009 through 2015.
2. Implement Strategies to Control and Prevent Waste of Groundwater:
2a. Objective — Apply a water use fee to the permitted use of groundwater in the
District to encourage conservation -oriented use of the groundwater resources to
eliminate or reduce waste.
2a. Performance Standard — Each year the District will apply a water use fee to
the non-exempt permitted use of groundwater produced within the District pursuant
to District rules. The amount of fees generated and the amount of water produced for
each type of permitted use will he a part of the Annual Report presented to the
District Board of Directors.
2a. Performance Measurement — In 2015, the District generated a gross total
of $585,386.12 through water production fees. Rebates to Public Water Supply
permit holders were given at a rate of $0.01/1000 gallons applying to the first
100,000,000 gallons produced. The net total water production fees generated for
2015 was $573,933.34. The amount generated and actual water productions for
each permit type are listed below.
18
Vol. 43j Pg.._ 5;
Tyne of Permit
Agricultural -(metered)
Agricultural (non -metered)
Industrial
Municipal Water -Supply
Rural Water Supply
Steam Electric
Water Transported
Total Fees Generated
Total Fees Collected**
Fees Generated
$2,173.62
$11,389.07
$46,074.10
$458,588.65
$65,745.30
$1,415.38
$0.00
$585,386.12
$573,933.34
Water Used
17,388.92 ac ft.
*89,284.50 ac ft..
3,326.97 ac ft.
33,114.28 ac ft.
4,747.41 ac ft.
5,661.50 ac ft.
0.00 ac ft.
*Unmetered agricultural irrigation permits are charged fees for the full permitted
amount. No metered production is reported in the Brazos River Alluvium Aquifer.
* - 8 Rural Water Supply entities received at total of $4,567.48 in rebates.
** - 7 Municipal Water Supply entities received, at total of $5,885.30 in rebates.
19
Vol. _a(J3 _. Pg._J7 1
2b. Objective — Evaluate District rules annually to determine whether any
amendments are necessary to decrease the amount of waste within the District.
2b. Performance Standard - The District will include a discussion of the annual
evaluation of the District rules, and the determination of whether any amendments to
the rules are necessary to prevent the waste of groundwater in the Annual Report of
the District provided to the Board of Directors.
2b. Performance Measurement— The Board of Directors worked throughout
2015 to formulate and adopt a rules to enforce the desired future conditions of
all aquifers managed by the District and create a Conservation Credit Plan.
Rules Subcommittee meetings were held on January 50i, February 19th, March
26th, April 30th, May 28th, June 1ith, September 15th and December 18th. An All
Board Rules Workshop was held on November 8th for full Board discussion on
the proposed draft language. During the November 12th Board meeting, the
directors voted to move the finalized language to a Public Rules Hearing on
January 14, 2016. Only the rule pertaining to the enforcement of the desired
future conditions was placed of the January 14th hearing agenda. More work will
be done to complete the Conservation Credit Plan portion of the rule during
2016.
20
vol. �_„3„3 Pg• li
2c. Objective — Provide information to the public and the schools within the
District on the wise use of water to eliminate and reduce wasteful practices.
2c. Performance Standard — The District will include a page on: the District's
website devoted to the wise use of water and providing tips to help eliminate and
reduce wasteful use of groundwater. The District will provide information to local
school districts including Texas Education Agency approved water curriculum and in -
school presentations to encourage wise use of water and understanding of the
significance of aquifers to District residents.
2c. Performance Measurement — A major reconstruction of the District
website was launched early in December, 2012. One page is dedicated solely to
water conservation tips for the home and homeowner landscape. The other is
"Just for Kids", an area that targets water conservation education at elementary
school students.
The Palmer Drought Severity Index and the latest U.S. Drought Monitor is
displayed, and refreshed weekly on the homepage. News articles relating to
water and conservation are also easily accessed from the homepage. Visitors can
download an application for a $25 rebate on the purchase of a rain barrel: for
conservation purposes using one of the tabs. Well owners also have access to
information relating to the cost share well plugging program bolstered by the
District is 2014: The District now shares in the cost of plugging the well at a level
of 75% of the total cost up to $1000/well.
The "Major Rivers" water curriculum was distributed to all 5th students in
Robertson County. This includes Mumford, Hearne, Calvert, Franklin, and
Bremond ISD's. This same curriculum was distributed to 8 of the 15 Bryan 1SD
4th grade classes, 6 of the 9 College Station ISD 4a' grade classes, and every
College Station ISD .5th grade class. The curriculum includes sections covering
water conservation and the ways to wisely use water. A total of approximately
2,700 were exposed to the water curriculum in 2015. -
21
Vol. -113 Pg,37
Many of the above mentioned school districts were also provided in -class
demonstrations of aquifer characteristics, the water cycle and its importance to
the aquifers, and instruction on water conservation and its effect on the
longevity of District aquifers. Approximately 3,000 students were exposed to the
45-60 minute teaching session. This included approximately 450 7th grade
students in College Station.
1400 41h grade students from Bryan, College Station, and Caldwell ISDs were
taught the importance of water conservation during the Brazos County Texas
AgriLife Extension Service "Pizza Ranch" event held during September, 2015.
The District was asked to be a part of the event and to focus on the importance
of water and the conservation of the natural resource. This will be a yearly
activity for the District.
The District annually organizes and conducts a "Water Conservation Field
Days" for all the 5th grade students in Robertson County school districts. This
included Hearne, Vlumford, Calvert, Bremond, and Franklin ISD's. The event,
held at the Franklin Community Park focuses on the importance of water, water
quality, how aquifers work, and water conservation. The students rotate through
ten 15 -minute sessions teaching the above mentioned subject matter. A total of
approximately 250 students annually attend the field day. Due to torrential
rainfall, the event scheduled for October 23, 2015 was cancelled but rescheduled
for May 19, 2016.
The District has implemented the BVWaterSmart Irrigation Network for the. use
by homeowners in the District offering irrigation rates throughout the lawn
growing season. This effort is a partnership between the City of Bryan, City of
College Station, Wicicson Creek SUD, and Wellborn SUD using funds awarded
by the District for the purchase of weather stations, wireless rain gauges;
establishment of a website, and a contract to gather information for homeowner
use. The District had a presence at both the BCS Home & Garden Show and
Earth Day events to push the service to homeowners. The project is. initially
22
Vol. g 33 Pg. 420 1
funded for three years and will he evaluated for effectiveness at the end of the
period.
23
Vol. a? 33...___ Pg. _ /
3. Implement Strategies to Address Conjunctive Surface Water Management
Issues:
3a. Objective — Encourage the use of surface water supplies where available, to
meet the needs of specific user groups within the District.
3a. Performance Standard — The District will participate in the Region G
Regional Water Planning process by attending at least one BGRWPG meeting
annually and will encourage the development of surface water supplies where
appropriate. This activity will be noted in the Annual Report presented to the District
Board of Directors.
3a. Performance Measurement — The District was actively engaged in the
Regional G Water Planning process during 2014. The General Manager
attended the January 7th, March 4th, April 15th and August 5t° meetings.
24
Vol. _233_ Pg.li,Z
4. Implement Strategies to Address Natural Resource Issues which Impact the Use
and Availability of groundwater, and which are impacted by. the Use of
Groundwater:
4a. Objective — Determine if there are any natural spring flows within the District
that may be impacted by increased groundwater pumping.
4a. Performance Standard — Annually monitor water levels in at least 2 wells
near natural spring flows, if found, for potential impact from groundwater production.
Prepare an annual assessment statement and include in annual report to the District
Board of Directors.
4a. Performance Measurement — An active search for flowing springs within
the District is an ongoing effort. During 2012, three naturally flowing
springs were initially identified in mid -November on the Mose Moody
Heirs/Lafayette Moody Heirs property just north of Hearne, Texas in
Robertson County. The springs were identified as water of Carrizo
origin by the District hydrologist. Three Carrizo monitoring wells
Were identified and static water level measurement taken throughout
the year to note the effect, if any, of pumping on spring flow.
Current Status: During the late spring of 2014, the property on which
the springs manifested was leased. The lessee asked that the District
neither check spring flows nor the two monitoring wells on the Moody
property. The District respected the wishes of both the property
owner and the lessee.
District staff continues to search for and attempt to identify possible
springs within the District boundaries.
25
Vol. ?53—_ pg. 4(5
5. Implement Strategies to Address Drought Conditions:
5a. Objective — A District staff member will download at least one Palmer
Drought Severity Index (PDSI) map monthly. The Palmer Drought Severity Index
map will be used to monitor drought conditions and will be used by the Board to
determine trigger conditions provided by the District's Drought Contingency Plan.
5a. Performance Standard —The District will make an assessment of drought
conditions in the District andwill brief the District Boardat each regularly scheduled
Board meeting.
5a. Performance Measurement — District staff provided multiple drought
assessment documents to the Board members at all 10 regular Board meetings.
These included the most recent Palmer Drought Severity Index, Crop Moisture
Index, U.S. Drought Monitor for Texas, and U.S. Seasonal Drought Outlook.
Board members also are shown maps at each board meeting addressingcurrent
departure from normal precipitation. These slides show the 30 -day, 60 -day, and
90 -day departure from the norm. There were no regular Board meetings held
during July and December, 2015.
26
Vol. _ .?.3,3 __ Pg... 4/4
5b. Objective — Require 100 percent of entities that are mandated by the State of
Texas to have drought contingency plans, to submit those plans to the District or
follow the District's plan when applying for a permit from the District for water
production.
5b. Performance Standard — Review 100 percent of the drought contingency
plans submitted as a result of permitting, whenever permit applications for water
production are received. The number of drought contingency plans required to be
submitted by permitted entities to the District as part of the well permitting process
and the number of drought contingency plans actually submitted to the District will
be described in the Annual Report to the District Board.
519, Performance Measurement — 54 permit applications were received
during 2015 requiring a drought contingency plan. One of these permits was
from a n entity that already had an approved drought contingency plan on
file with the District. This permit was submitted by a rural water supply.
The drought contingency plan was subjected to review. 53 applications were
received that agreed to abide: by the District Water Conservation Plan
(DWCP) revised and adopted December 2, 2010.
All applicants for permitted wells are required to sign the application
attesting to the submission of their own drought contingency plan or
the agreement to abide by the District Plan.
27
Vol. s2 33 Pg. 3
5c. Objective — The District drought contingency plan will be reviewed for
effectiveness and needed updates once annually.
Sc.. Performance Standard — A report summarizing the findings of the annual
review of the District drought contingency plan will be included in the Annual Report
of the District Board of Directors.
5c. Performance Measurement — A District Drought Contingency Plan was
developed and adopted November 4, 2010. The DDCP was reviewed by the
Education/Conservation Committee on September 15, 2015. Following the
annual review, the committee reported to the entire Board on October 8, 2015
there were no recommended amendments. This document will be annually
reviewed by the subcommittee during September or October.. A report will be
presented to the Board by the committee regarding any recommendations for
updates, changes, or additions needed.
28
vol.-23-3-_ Pg. 41 6
6. Implement Strategies to Promote Water Conservation:
6a. Objective - Require 100 percent of the water applicants requesting a permit
for water production within the District to submit a water conservation plan, unless
one is already on file with the District at the time of the permit application, or agree to
comply with the District's adopted Water Conservation Plan.
6a. Performance Standard — Review 100 percent of the water conservation
plans submitted as a result of permit requirements to ensure compliance with permit
conditions. The number of water conservation plans required to be submitted by
water permittees to the District that year as part of the well permitting process and the
number of water conservation plans actually submitted to the District will be reported
in the Annual Report to the District Board of Directors. If the permittee chooses to
agree to follow the District's adopted Water Conservation Plan in lieu of submitting a
water conservation plan, then that number will be indicated in the Annual Report to
the District Board.
6a. Performance Measurement - 54 permit applications were received during
2015. No water conservation plans were received as a result of permitting
requirements. All 54 applicants agreed to abide by the District Water
Conservation Plan revised and adopted December 2, 2010.
• Plans requiring Water Conservation Plans - 54
• Water Conservation Plans submitted — 0
• Water Conservation Plans reviewed— 0
• Applicants to abide by the District Water Conservation Plan 54
29
voi. a_3_3 _ __ Pg 7
6b. Objective — Develop a system for measurement and evaluation of
groundwater supplies.
6b. Performance Standard — Water level monitoring wells will be identified for
Brazos River Alluvium, Yegua-Jackson, Sparta, Queen City, Carrizo, Calvert Bluff,
Simshoro and Hooper aquifers. At least two (2) wells per aquifer will be monitored
on an annual basis to track changes in static water levels.
6b. Performance Measurement — At this time 179 wells are in the monitoring
network. The Brazos River Alluvium, Simsboro, Hooper, Sparta, Yegua
Jackson, Queen City, Carrizo, and Calvert Bluff aquifers all have at least 2
monitoring wells. The District staff is working to cultivate monitoring wells in
all of the aquifers. A total of 1,048 readings were taken during 2015. A report on
well monitoring was given each month during the Board of Directors meeting.
Below is a listing of monitored readings by aquifer.
Aquifer
Readings
t! Monitor
Wells
Hooper
131
21
Simsboro
374
65
Calvert Bluff
55
10
Carrizo
22
5
Queen City
47
6
Sparta
144
21
Yegua Jackson
67
13
Brazos River Alluvium
208
38
Total
1,048
179
30
\/ol. .7.3_3_ Pg. AZ/
7. Implement Strategies to Protect Water Quality:
7a. Objective - Develop baseline water quality data and a system for continued
evaluation of groundwater quality.
7a. Performance Standard — Develop general understanding of water quality
within aquifers in the District based on TCEQ and TWDB data. Coordinate with
TCEQ-on water quality issues.
7a. Long term water quality reports taken by the TWDB over many years
have been compiled by LBC-Guyton and made available to the directors. The
material will he summarized for Board member use. The data will also be
incorporated into the District website accessible to the general public.
Water samples. are accepted at the District Office in an effort to help facilitate
water sampling. Samples are delivered to the Texas A&M University Soil,
Forage, and Water Laboraties. Copies of the results are obtained by the District
for future reference.
33
Vol.--o13.j__. Pg...J�.
ORDER DIVIDING ONE ELECTION PRECINCT AND
COMBINING INTO ANOTHER ELECTION PRECINCT
WHEREAS, the City of Bryan approved Ordinance #2116 annexing 8.259 acres
of land located in Voting Precinct 67; and
WHEREAS, the new boundary lines of the City of Bryan do not follow the
existing election precinct lines created by Brazos County; and
WHEREAS, Section 42.007 states "A commissioners court may not establish a
county election precinct containing territory inside a city with a population of 10,000 or
more and unincorporated territory outside the city"; and
WHEREAS, the Commissioner's Court is desirous of complying with the City of
Bryan city limit lines, and the Texas Election Code; and
WHEREAS, compliance with the Texas Election Code requires the division of
one (1) voting precinct and combining the annexed portion into another voting precinct;
and
WHEREAS, Section 42.008 (1) of the Texas Election Code provides for
combining election precincts;
NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT
OF BRAZOS COUNTY, TEXAS, that
Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 67
be divided to follow the City of Bryan city limit lines in Brazos County, Texas, to wit:
1. Election Precinct 67 be divided and be combined with Election Precinct 70;
2. Election Precinct 70 be extended to follow the new City of Bryan city limit
lines and vote at the current polling location;
Vol.. 4 33 Py-_ ✓ --
ORDINANCE NO. 2116
AN ORDINANCE OF IHE CITY OF BRYAN, TEXAS, ANNEXING 8.259 ACRES OF LAND
OUT OF ZENO PHILLIPS LEAGUE, A-45, ADJOINING Hit NORTHEAST SIDE OF
AUTUMN LAKE DRIVE, GENERALLY EAST FROM ITS INTERSECTION WITH
MOUNTAIN WIND LOOP IN BRAZOS COUNTY, TEXAS AND BEING ADJACENT AND
CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF BRYAN,
TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE
BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND PROVIDING A
SERVICE PLAN THEREFOR; OBLIGATING THE PROPERTY SITUATED THEREIN TO
BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES
AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID
TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Bryan, Texas is a home -rule municipality authorized by State law and
the City Charter to annex territory lying adjacent and contiguous to the corporate limits of said City of
Bryan, Texas; and
WHEREAS, the owners of 8.259 acres of land out -of Zeno Phillips League, A-45, adjoining the
northeast side of Autumn Lake. Drive, generally east from its intersection with Mountain Wind Loop in
Brazos County, Texas petitioned the City of Bryan, Texas to include said territory as part of the City; and
WHEREAS, two public hearings have been held on July 28, 2015, as required by law, in the
Council Chambers of Bryan's Municipal Office Building located at 300 South Texas Avenue, Bryan,
Texas where all interested persons were provided an opportunity to be heard on the requested annexation
of property and territory hereinafter described; and
WHEREAS, all notices of such public hearings have been issued as required by law and all
hearings held within the time required by law; and
WHEREAS, a service plan has been prepared that provides for the extension of appropriate
municipal services into the area hereinafter described, which plan is attached hereto, and the City of
Bryan is able to provide such services; and
WHEREAS, the hereinafter described property and territory is not within the boundaries of any
other municipality, lies within the extraterritorial jurisdiction of the City of Bryan, Texas, and lies
adjacent to and adjoins the present boundaries of said City of Bryan;
NOW, THEREFORE, BE IT ORDALNTED BY 1'HE CITY COUNCIL OF THE CITY OF
BRYAN, TEXAS:
1.
That all of the above premises are found to be true and correct and are incorporated into the body
of this ordinance as if copied in their entirety.
2.
That the property described in Exhibit "A" and depicted in Exhibit "A-1" which are attached
hereto and incorporated herein for all purposes, said territory lying adjacent to and adjoining the present
Vol. .2 ?.3 Pg. i$
boundaries of the City of Bryan, Texas, be and is hereby added and annexed to the City of Bryan, and
said territory hereinafter described shall hereafter be included within the corporate limits of the City of
Bryan, and the present boundary lines of said City are altered and amended so as to include said area
within the corporate limits of the City of Bryan.
3.
That the service plan attached hereto as Exhibit "B" is hereby approved and is incorporated into
this ordinance as if it were recited herein.
4.
That the annexed territory described above is a part of the City of Bryan for all purposes, and the
property situated therein shall bear its pro rata part of taxes levied by the City of Bryan, and shall be
entitled to the same rights and privileges, bound by the same duties and responsibilities as other property
within the corporate limits.
5.
That the inhabitants residing and owners of property within the confines of the annexed territory
shall be entitled to all the rights and privileges of all the other citizens and property owners of Bryan and
shall be bound by the Charter, Ordinances, Resolutions and other regulations of the City of Bryan.
6.
That the official map and boundaries of the City of Bryan, Texas, heretofore adopted and
amended, shall be and are hereby amended so as to include the aforementioned territory as part of the
City of Bryan, Texas.
7.
That Chapter 130 of the City of Bryan Code of Ordinances shall be and is hereby amended so as
to zone the aforementioned territory Residential District — 5000 (RD -5) District upon annexation.
8.
That if any portion, provision, section, subsection, sentence, clause or phrase of this ordinance (or
the application of same to any person or set of circumstances) is for any reason held to be
unconstitutional, void, or invalid, the validity of the remaining portions of this ordinance (or their
application to other persons or sets of circumstances) shall not be affected thereby, it being the intent of
City Council in adopting this ordinance, that no portion thereof or provision contained herein shall
become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all
provisions of this ordinance are declared to he severable for that purpose.
9.
That this ordinance shall take effect immediately upon its second and final reading and passage.
\Vo. el .3... Pg. 57
PRESENTED AND GIVEN first reading the 25th day of August, 2015 at a regular meeting of
the City Council of the City of Bryan, Texas; and given second reading, PASSED AND APPROVED on
the 8th day of September, 2015 by a vote of Pt yeses and noes at a regular meeting of the City
Council of the City of Bryan, Texas.
ATTEST:
� r
Mary Lynne Stkatta, City Secretary
APPROVED AS TO FORM:
Janis K. Hampton, City Attorney
CITY OF BRYAN:
Jaso ski, Mayor
Vol. 02 ,3.j _. Pg. G O
Exhibit "A":
METES AND BOUNDS DESCRIPTION OF TERRITORY
ANNEXED TO THE CITY OF BRYAN, TEXAS ON SEPTEMBER 8, 2015
METES AND BOONoS 97ESCRIVE[ON OF ALL THAT CERTAIN TRAC1 OR PARCEL OP LAND
LYING AND RENO SKLJATLD1iN ME ZENOPRLLLU'S LEAGUE, ABSTRACT NO.4'S.B'EAZOS
COUNTY, T CA$, SAID TRACT BEANO ALL OF A CALLED 5,302 ACRE TRACT OF LAND A5
DESCRIBED BY A DEED TO XAREN P. SNOWDEN RECORDED I7;[ VOLUME 7636, I*AGE 272
OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY I SCRIFIED BY MB3•ES AND BOUNDS AS
FOLLOWS:
FI GINNING AT A MI MORON RON ROD FOUND ENT CONCRETE AT TEM ibITF:RSECTION OF
THE NORTHEAST LINE OF AD EOM JAKE DRIVE (5ff RAW) AND THE 'NORTHEAST LINE
OP CHICK LANE;
THENCE; N 45°37'04" W ALowC3 THE NORTHEAST LINE OF CHIC:IC LANE FOR A DISTANCE
OF 51,51 FEET (DEED CALL: hi 45° 00' 33° qb' - 4,1725 FEET, 7I;_36(272) TO A L+2 INCH IRON ROD
FOUND BENT IN A GRAVEL DRIVE .MARKING THE SOUTTA CORNER OP A C'.ALLED 1.99
ACRE TACT OF LAND AS DESCRIBED 'HY A 'PARTITION DEED • TO SUSAN MARIE
HARTZOO RECORDED IN VOLUME 8752, PAGE 212 OF THE OFFICIAL PUBLIC RECORDS OF
IBR4ZOS COUNTY, TEXAS;
TE ENCE; N 4Ir° 02' 23" E ALONG TkiE SOUTHEAST L1NE OF SMp 1.99 ACRE TRAC ' .FOR A
DISTANCB OF 2939 e.Er (DEED CALL:14 41° 32' IS" i - 29.96 Eh J, 87521212) (DEER cAI.f N
44° 22' E4" E - 30,00 3'k,1, 7636/27Z TO A It`? INCH IRON ROD FOUND BENT IN A GRAVEL
DRIVE?,
THENCE: S 4T" 36' 44" E PASS THE COMMON CORNER OF SAID 1,99 ACRE TRACT AND A
CALLED 13.00 ACRE TRACT OF :LAND AS DESCRIBED AS TRACT 7 BY SAID PARTITION
DEED, 8752/272), CONTIWit ON FOR A TOTAL DISTANCE OF 42,60 FEET (DEED CALL: S 47
40' 03" E - 42.50 FEET, 0752/212) (DEED CAA Y, S 43' 55' 04' E - 39.48 FEET, 7635272) TO A 1/2
INCH IRON ROD FOUND;
TIIE1IICE; ALONG THE SOUTH LINE OF SAID 13.OD ACRE TRACT FORTfi� FOLLOWING
CALLS;
N 4d° 26' Sr E FORA DIITANE OF 3 x5.13 FEET (DEED CALL: N 46° 27 23" E - 325.31
FEET, 8752/212) (DEED CALL: N 50° 13' 42" B - 385.I5 FEET, 76?6a72) TO A 1/2 1NC[4
E3oON Roo FOUND;
3 89" OT 28"E FORA DISTANCE OF tS9AI FEC'T (DEED CALL° S Sr 0P 51 E - 189.5
FEET, S752/212) (DEED CALL; S 0$° 21' SI" E 889.52 PEEP, 76362272) TO A 112 INCH
IRON ROD FOUND;
Vol. _.•_,Z4.9,3 Pg._ E
S 47° 41' 57" E FORA DISTANCE OF 516,61 FEET (DEED CALLS 47° 42' 06" E - 516.57
POET, !€15 12) (DEED S 45° 55' !G4" E _ 516.51 FEET, 7636,1272) TO A 1 a LATCH
IRON ROD FOUND ON THE NORTHWEST LINE OP LOT LA., BLOCK L VILLA MARIA
WEST, ACCORDING TO THE PLAT RECORDED IN VOLUME 7859, PAGE '97 OF VIE
OFFICIAL PUBLIC RECORDS OF MUMS COUNTY, TEXAS. SAID MON ROD FOUND
M, RKIN° THE SOUTHEAST CORNER OF SAID 1100 ACRE TRA^T;
THENCE; S 41D 06' 11' W ALONG THE NORTHWEST LINE OP SAID LOT TA FOR
DISTANCE OF 24447 FEET (TOTAL DEED CALL S. "44' 192" W - 566.76 FEET, 7636,'272) TO A
518 INCH MRON ROD MOND MARKING tilt WEST CORNS OF SAID LOT lA AND THE
NOICH CORNER OF LOT 14, BLOCK 1, DOMINION BILL SUBDIVISION, ACCORDING TO THE
PLAT RECORDED N VOLUME 3674, PAGE 311 OF THE OFFICIAL PUBIC RECORDS OF
ETh 1 OS COUNTY, TEXAS;
THENCE: S 40" 50' or W ALONG THE NORTHWEST LINE OF SAID DOMINION HILL
.5O0DIVISION FOR. A DISTANCE OF SO 0 FEET SAT CALL: S 40° 521 19" W - 304,29 Pan
1676 11) TO A 112 INCH IRON ROD FOUND ON HE NORTI AST LINE OF COMMON AWM
NO. 19, AUTUMN LAKE SUBDIVISION, PHASE ;t, ACCORDING TTO THE PLAT RECORDED IN
VOLUME 3260, PAGE 210 OF THE OFFICIAL PLFESLEC RECLIRDS OP BRAZOOS COUNTY,
TEXAS. SAID IRON ROD FOUND MARKING ME WEST CORN€,R OF SAID LOT 32,'ELOC( T
OF SAID DOMINION RILL. SUBDIVISION. FOR REFERENCE, THE CITY OF BRYAN GPS
MONUMENT NO. 7 BEARS: SS64°27'209EFOR ADISTANCE OF911:64B EET;
THENCE, N 46? S4' 0R" W ALONG THE NORTHEAST ENE OP SAID AUTUMN LAKE
SUBDIVISION FOR A DISTANCE OP 6S9.65 PILT'C (PLAT C LL: N A6° 54' 30" - 68'9:45 FEET,
9260.'214 TO THE INDENT OF BEGINNING CONTAINING 8259 ACRES OP LAND, AS
SURVEYED ON TIE GROUND FEBRUARY, 2011 SEE PLAT PREPARED FEBRUARY, 2415;
FOR MORE DESCRIPTIVE INFORMATION, FDEAttNGG,'SYSTET,! SHOWN HEREIN ES BASED
ONCRISP NORTH ASESTABLISHED FROM tN OBSERVATION,.
BRAD KERB
REGISTERED PROFESSIONAL
LAND SURVEYOR NCI. 45O2
EA`4 ORK I AIitl5.051
1
\vol. .233 Pg. 6,2_
Exhibit "A-1":
DEPICTION OF TERRITORY
ANNEXED TO THE CITY OF BRYAN, TEXAS ON SEPTEMBER 8, 2015
Vol.. o?'3-
Exhibit "B":
MUNICIPAL SERVICE PLAN FOR TERRITORY
ANNEXED TO TILL CITY OF BRYAN, 'TEXAS ON SEPTEMBER 8, 2015
A. SERVICES PROVIDED UPON 1'1TE EFFECTIVE DATE OF ANNEXATION
1. POLICE PROTECTION
The City of Bryan, Texas and its Police Department will provide police protection to the newly
annexed territory at the same or similar service now being provided to other areas of the City of Bryan,
Texas which exhibit land use and population densities similar to that of the newly annexed area. The
City's adopted ordinances extend to the newly annexed area and are applied equally to all areas of the
City based on the policy and wording of such ordinances. The average dispatch and delivery time,
equipment dedication to service areas, and staffing requirements are comparable to the average
provided to other areas of the City of Bryan, Texas which exhibit land use and population densities
similar to that of the newly annexed area.
2. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE
The City of Bryan, Texas and its Fire Department will provide fire protection and ambulance service to
the newly annexed territory at the same or similar level of service now being provided to other areas of
the City of Bryan, Texas which exhibit land use and population densities similar to that of the newly
annexed area. Furthermore, the City of Bryan Fire Department will respond to all dispatched calls
(including emergency medical services) and other requests for service or assistance within the newly
annexed area, the same as it would within other areas inside the City limits of Bryan. The City's
adopted Fire Code shall extend to the newly annexed area and is equally applicable to all areas of the
City.
3. SOLID WASTE COLLECTION
The City of Bryan, Texas and its Environmental Services Department will provide solid waste
collection and disposal service to the newly annexed territory at the same or similar level of service
now being provided to other areas of the City of Bryan, Texas which exhibit land use and population
densities similar to that of the newly annexed area. As a fee -for -service, the providing of this service
shall be applied to the newly annexed area on an equal basis to that provided to the average and typical
comparable area of the City of Bryan, Texas which exhibit land use and population densities similar to
that of the newly annexed area.
4. WATER DISTRIBUTION SERVICE
Existing City of Bryan water mains will be available for point -of -use extension based on applicable
utility extension polices and/or ordinances of the City of Bryan, now existing or as such policies and/or
ordinances may be amended. Such extensions are subject to the regulations which apply to the City's
CCN area of service. Such service is a fee —or -service system. Residents and businesses in the newly
annexed area will be subject to the same service policies and procedures as apply to other areas of the
City of Bryan. As applied to all properties within the City, residents will be responsible for costs to
install and/or connect water service to their property. All such water service facilities under the City of
Bryan's direct jurisdiction, including new facilities which may be installed by developers of land within
Pg.. do _.1
this newly annexed territory, will be operated, maintained, monitored and inspected in accordance with
established policies and procedures.
Subject to the above noted polices and/or ordinances; the City of Bryan, Texas and its Water Services
Department will provide water distribution service to the newly annexed territory at the same or similar
level of service now being provided to other areas of the City of Bryan, Texas which exhibit land use
and population densities similar to that of the newly annexed area.
5. WASTEWATER SERVICE
Existing City of Bryan sewer mains at their present locations shall be available for point -of -use
connections, based on applicable utility extension polices and/or ordinances of the City of Bryan, now
existing or as such policies and/or ordinances may be amended. Such extensions are subject to the
regulations which apply to the City's CCN area of service. Such service is a fee —or -service system.
The City of Bryan will assess the adequacy of existing septic systems for accommodating raw sewage
in less developed areas and will determine the need to provide centralized wastewater collection and
treatment service to particular areas, along with lift stations or any other necessary capital
improvements, pursuant to applicable policies and/or ordinances of the City of Bryan, now existing or
as such policies and/or ordinances may be amended. As applied to all properties within the City,
residents and/or developers will be responsible for costs to install and/or connect sewer service to their
property.
All sewer service facilities that may come under the City of Bryan's direct jurisdiction in the future,
including new facilities which may be installed by developers of land within this newly annexed
territory, will be operated, maintained, monitored and inspected pursuant to applicable policies and/or
ordinances of the City of Bryan, now existing or as such policies and/or ordinances may be amended.
Subject to such policies and/or ordinances, the City of Bryan, Texas and its Water Services Department
will provide wastewater service to the newly annexed territory at the same or similar level of service
now being provided to other areas of the City of Bryan, Texas which exhibit land use and population
densities similar to that of the newly annexed area.
6. STORM WATER MANAGEMENT
City of Bryan regulations concerning storm water management will extend to the newly annexed
territory, pursuant to applicable policies and/or ordinances of the City of Bryan, now existing or as such
policies and/or ordinances may be amended, and in accordance with similarly situated properties within
the City.
7. BUILDING SERVICES
The Development Services Department's responsibility for regulating building construction will extend
to the newly annexed territory, pursuant to applicable policies and/or ordinances of the City of Bryan,
now existing or as such policies and/or ordinances may be amended. This includes issuing building,
electrical and plumbing permits for any new construction and remodeling, and enforcing all other
applicable codes which regulate building construction within the City of Bryan.
Vol
S. PLANNING AND DEVELOPMENT
The Development Services Department's responsibility for regulating development and land use
through the administration of the City of Bryan Zoning Ordinance, Land and Site Development
Ordinance and all other development -related ordinances will extend to the newly annexed territory. The
newly annexed area will also continue to he regulated under the requirements of the City of Bryan
Subdivision Ordinance.
9. ELECTRICITY SERVICE
Bryan Texas Utilities (BTU), a municipal electric utility, will provide electricity service to the newly
annexed territory at the same or similar level of service now being provided to other areas of the City of
Bryan, Texas which exhibit land use and population densities similar to that of the newly annexed area.
As a fee -for -service, the providing of this service shall be applied to the newly annexed area on an
equal basis to that provided to the average and typical comparable area of the City of Bryan, Texas
which exhibit land use and population densities similar to that of the newly annexed area.
10. ROADS, STREETS, ALLEYWAYS AND TRAFFIC ENGINEERING
Any and all roads, streets or alleyways in the newly annexed territory which have been dedicated to the
public shall be maintained to the same degree and extent that other roads; streets and alleyways are
maintained in areas of the City of Bryan, Texas with similar land use, population density and
topography. Construction of new roads and streets is the responsibility of the developer or property
owner desiring them and must be designed and built in accordance with applicable City of Bryan codes
and standards.
Municipal maintenance of properly dedicated roads, streets and alleyways (which may be installed by
developers of land within this newly annexed territory) will be consistent with such maintenance
provided by the City of Bryan to other roads, streets and alleyways in areas exhibiting land use,
population densities and topography similar to that of the newly annexed area.
The City of Bryan Public Works Department will install traffic signs, street markings and other traffic
control devices in the newly annexed area as the need is established by appropriate study, pursuant to
applicable policies and/or ordinances of the City of Bryan, now existing or as such policies and/or
ordinances may be amended.
The City of Bryan Public Works Department will install street name signs in the newly annexed area.
Under current City of Bryan ordinances, developers are responsible for the cost of street name signs for
new public and private streets.
Bryan Texas Utilities (BTU), a municipal electric utility, will install streetlights in accordance with the
utility standards of BTU, pursuant to applicable policies and/or ordinances of the City of Bryan, now
existing or as such policies and/or ordinances may be amended. Under current City of Bryan
ordinances, developers are responsible for the cost of streetlights in new subdivisions.
11. PARKS AND RECREATION
The newly annexed territory does not include any known existing public parks, playgrounds or
swimming pools which would come under the City of Bryan's jurisdiction as a result of annexation.
Residents of the newly annexed territory may use any and all existing City of Bryan parks, playgrounds
and recreational facilities and participate in any and all programs, events, activities and services of the
vol. =�-3- --- Pg. 4
City of Bryan Parks and Recreation Department. Expansion of recreational facilities and programs to
the newly annexed territory would be governed by applicable policies and/or ordinances of the City of
Bryan, now existing or as such policies and/or ordinances may be amended.
12. MAINTAINING OTHER PUBLICLY -OWNED FACILITIES OR BUILDINGS
The City of Bryan, Texas is not aware of the existence of any publicly -owned facility or building now
located in the newly annexed territory. In the event any such publicly -owned facility or building does
exist and are public facilities or buildings, the City of Bryan shall maintain such facilities or buildings to
the same extent and degree that it maintains similar municipal facilities and buildings now incorporated
in the City of Bryan, Texas.
13. LIBRARY SERVICES
Library use and privileges will be available to residents of the newly annexed territory, pursuant to
applicable policies and/or ordinances of the City of Bryan, now existing or as such policies and/or
ordinances may be amended.
B. CONSTRUCTION OF CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2% YEARS
FOLLOWING THE EF'F'ECTIVE DATE OF ANNEXATION
1. POLICE PROTECTION, FIRE PROTECTION AND SOLID WASTE COLLECTION
The City Council of the City of Bryan, Texas fmds and determines it to be unnecessary to acquire or
construct any capital improvement within 2'/ years following the effective date of annexing the subject
territory, for the purpose of providing police and fue protection, emergency medical services and solid
waste collection. The City Council finds and determines that it has at the present time adequate
facilities to provide comparable levels of protection and service to what is presently being provided to
other areas already incorporated in the City of Bryan, Texas, having the same or similar land use,
population density and topography as that of the newly annexed territory. The City of Bryan fmds that
the current level of services and facilities can sufficiently provide comparable services to the newly
annexed area without reducing the fire, police, and emergency medical services currently provided to
areas already within the municipal boundaries of the City of Bryan.
2. WATER AND WASTEWATER FACILITIES
The City Council of the City of Bryan, Texas fmds and determines it to be unnecessary to acquire or
construct any capital improvement within 21s years following the effective date of annexing the subject
territory, for the purpose of providing water and wastewater service.
During the next 21/2 years, the City Council of the City of Bryan, Texas believes that adequate capacity
and municipal water and sewer mains exist for point -of -use connections and serviceable extensions, to
provide water and/or sewer service within the newly annexed territory, pursuant to applicable utility
extension policies and/or ordinances of the City of Bryan, now existing or as such policies and/or
ordinances may be amended. The development and expansion of facilities as the City grows are
expected to use the City's Master Plan and/or Comprehensive Plan, as they areamended from time to
time, as a guide to know when expansion facilities become necessary.
As applied to all properties within the City, residents and/or developers will be responsible for costs to
install and/or connect water and/or sewer service to their property.
Vol. !7 53_ Pg.. 4_ %
r
3. ROADS AND STREETS
Developers of land within the newly annexed territory will be required to provide internal streets (and
to improve peripheral or boundary streets) in accordance with applicable ordinances of the City of
Bryan, and such street improvements shall comply with specifications required by the City of Bryan,
for properly dedicated streets.
4. PARKS, PLAYGROUNDS AND SWIMMING POOLS, AS WELL AS OTHER PUBLIC
FACIE,' I'ILS OR BUILDINGS
To the extent that it becomes necessary because of development demands, population growth and bona
fide needs, the City Council of the City of Bryan, Texas will undertake to provide any such facility
which it deems necessary to adequately provide for the health and safety' of citizens in the newly
annexed territory, based upon standard considerations of land use, population density and topography.
C. SPECIFIC FINDINGS
The City Council of the City of Bryan, Texas finds and determines that this Municipal Service Plan will
not provide any fewer services nor will .it provide a lower level of service, in the newly annexed
territory, than were in existence at the time immediately preceding this territory's annexation to the City
of Bryan, Texas.
As the development and growth of a municipality is not known but only anticipated conditions and
subsequent occurrences may change making the current service plan unworkable or obsolete. In such a
case, the City Council may amend the service plan to conform to the changed conditions and/or
occurrences. Such amendments will be in conformity with state law.
Texas law does not require a uniform level of municipal services to an area if different characteristics of
topography, land use, and population density constitute a sufficient basis for providing a different level
of services. As a result, the levels of services provided in this plan are all linked to comparable services
of areas similar in characteristic, topography, land use, and population density as the newly annexed
area. For areas where no comparable location exists, the City Council finds that City staff utilized its
best efforts to calculate a comparable level of serviced based on the known characteristics and
incorporated such into this plan.
Vol. 53 Pg,. 4
PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS
TO THE MAYOR OF THE CITY OF BRYAN, TEXAS:
The undersigned owners of the hereinafter described tract of land, which is vacant and
without residents, or on which fewer than three qualified voters reside, hereby waive the
requirement to be offered a development agreement pursuant to Section 43.035, and petition
your honorable Body to extend the present city limits so os to include as part of the City of
Bryan, Texas, the following described territory, to wit:
INSERT METES -AND BOUNDS DESCRIPTION HERE AND ATTACH
SURVEY
We certify that the above described tract of land is contiguous end adjacent to the City of Bryan,
Texas and that this petition Is signed and duly acknowledged by each and every person hiving an
interest in said land.
'
Signed: 1—.5x4/44;. ✓i?Gfitl �7(Geol
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Title- 17 iY1�oth. OW4gr
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THE STATE OF 1-P.1r LLS
COUNTY OF ?3Y1k,uoS
BEFORE ME, the undersigned authority, on this day personally appeared
KU Seen ¶I DOUJEtein 0I A . and AI /A
known to me to be the persons whose names are subscribed to the forgoing Instrument and each
acknowledged to me that he executed the same for the purpose and consideration therein
expressed.
Gircn under my hand and seal of office. this S ( day of t'(&.tt4It "' ',2015.
'J &e j-/2 (;c c O
Notary Puii min and for �!
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RESOLUTION
Approving the Advance Funding Agreement for an On -System Local Government
Intersection Improvement Project
WHEREAS federal law establishes federally funded programs for transportation improvements to
implement its public purpose; and
WHEREAS the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State
shall design, construct and operate a system of highways in cooperation with local
governments; and
WHEREAS federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds; and
WHEREAS the Texas Transportation Commission passed Minute Order Number 114335,
authorizing the State to undertake and complete a highway improvement generally
described as improving the intersection of FM 2154 (Wellborn Road) at Greens Prairie
Trail called the "project"; and
WHEREAS the Governing Body of the Local Government has approved entering into the Advance
Funding Agreement for an On -System Local Government Intersection Improvement
Project approved on March 1, 2016 and shows their agreement by the resolution.
NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County approves
said agreement and does in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in said
agreement.
DULY PASSED AND SIGNE
this 9&4y of March, 2016.
Commissioner Lloyd Wassermann
Precinct 1
Commissioner
Precinct
E. Duane Peters
County Judge
Commi sio
Precinct 4
16-002
vol. 13 Pg._7/ - 4
CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Proiect
Federal Highway Administration
CFDA # 20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For A
MISCELLANEOUS REHABILITATION /PREVENTATIVE MAINTENANCE
IMPROVEMENT PROJECT
ON -SYSTEM
THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas
Department of Transportation called the "State", and the County of Brazos, acting by and through
its duly authorized officials, called the "Local Government."
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements to
implement its public purposes; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the
State shall design, construct and operate a system of highways in cooperation with local
governments; and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds; and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 114335
authorizing the State to undertake and complete a highway improvement generally described as
improving the intersection of FM 2154 (Wellborn Road) at Greens Prairie Trail called the "Project";
and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
agreement by resolution or ordinance dated , 2016, which is attached to and
made a part of this agreement as Attachment "A" for the improvement covered by this agreement.
A map showing the Project location appears in Attachment "B," which is attached to and made a
part of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
agreement, it is agreed as follows:
AFA-AFA_LongGen
Rage -1 -of -14
Vol..2 3.3 Pg._7'-
Revised 07/22/2015
CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
AGREEMENT
1. Period of the Agreement
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed. This agreement shall remain in effect until the Project is completed
or unless terminated as provided below.
2. Scope of Work
The State will let and construct a project to improve the intersection of FM 2154 at Greens
Prairie Trail consisting of grading, base, surface, pavement markings and markers. In
addition, left turn lanes and tight turn lanes will be constructed on FM 2154 along with the
installation of traffic signals at this intersection.
3. Local Project Sources and Uses of Funds
A. The total estimated cost of the Project is shown in the Project Budget — Attachment "C',
which is attached to and made a part of this agreement. The expected cash contributions
from the Federal or State government, the Local Government, or other parties are shown in
Attachment "C". The State will pay for only those project costs that have been approved by
the Texas Transportation Commission. The State and the Federal Government will not
reimburse the Local Government for any work performed before the federal spending
authority is formally obligated to the Project by the Federal Highway Administration. After
federal funds have been obligated, the State will send to the Local Government a copy of
the formal documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any work
performed under its direction or control before the federal spending authority is formally
obligated.
B. If the Local Government will perform any work under this contract for which reimbursement
will be provided by or through the State, the Local Government must complete training
before federal spending authority is obligated. Training is complete when at least one
individual who is working actively and directly on the Project successfully completes and
receives a certificate for the course entitled Local Government Project Procedures
Qualification for the Texas Department of Transportation. The Local Government shall
provide the certificate of qualification to the State. The individual who receives the training
certificate may be an employee of the Local Government or an employee of a firm that has
been contracted by the Local Government to perform oversight of the Project. The State in
its discretion may deny reimbursement if the Local Government has not designated a
qualified individual to oversee the Project.
C. The Project cost estimate shows how necessary resources for completing the Project will
be provided by major cost categories. These categories may include but are not limited to:
(1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment
and remediation; (4) cost of preliminary engineering and design; (5) cost of construction
and construction management; and (6) any other local project costs.
D. The State will be responsible for securing the Federal and State share of the funding
required for the development and construction of the local Project. If the Local
Government is due funds for expenses incurred, these funds will be reimbursed to the
Local Government on a cost basis.
AFA-AFA_LongGen �P_age2.of_1.1..— ___—_- ___. Revised 07/22/2015
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CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
E. The Local Government will be responsible for all non-federal or non -state participation
costs associated with the Project, otherwise provided for in this agreement or approved
otherwise in an amendment to this agreement. Where a Special Approval has been
signed by the State, the Local Government shall only in that instance be responsible for
overruns in excess of the amount to be paid by the Local Government.
F. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C. At a minimum,
this amount shall equal the Local Government's funding share for the estimated cost of
preliminary engineering for the Project. At least sixty (60) days prior to the date set for
receipt of the construction bids, the Local Government shall remit its remaining financial
share for the State's estimated construction oversight and construction cost.
G. Whenever funds are paid by the Local Government to the State under this agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department
of Transportation." The check or warrant shall be deposited by the State and managed by
the State. The funds may only be applied by the State to the Project.
H. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due by the Local Government, the State, or the Federal government will be promptly
paid by the owing party. If after final Project accounting any excess funds remain, those
funds may be applied by the State to the Local Government's contractual obligations to the
State under another advance funding agreement with approval by appropriate personnel of
the Local Government.
I. The State will not pay interest on any funds provided by the Local Government.
J. If a waiver has been granted, the State will not charge the Locat Government for the
indirect costs the State incurs on the local Project, unless this agreement is terminated at
the request of the Local Government prior to completion of the Project.
K. If the Project has been approved for a specified percentage or a "periodic payment" non-
standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment
C will clearly state the specified percentage or the periodic payment schedule.
L. If the Local government is an Economically Disadvantaged County (EDC) and if the State
has approved adjustments to the standard financing arrangement, this agreement reflects
those adjustments.
M. When a Special Approval has been signed by the State so that the Local Government
bears the responsibility for paying cost overruns, the Local Government shall make
payment to the State within thirty (30) days from the receipt of the State's written
notification of those amounts.
N. The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with those
funds. An entity that is the subject of an audit or investigation must provide the state
auditor with access to any information the state auditor considers relevant to the
investigation or audit.
AFA-AFA_LongGen
Page 3 of 11 Revised 07/22/2015
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CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
O. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
P. The Local Government is authorized to submit requests for reimbursement by submitting
the original of an itemized invoice in a form and containing all items required by the State
no more frequently than monthly, and no later than ninety (90) days after costs are
incurred. If the Local Government submits invoices more than ninety (90) days after the
costs are incurred, and if federal funding is reduced as a result, the State shall have no
responsibility to reimburse the Local Government for those costs.
Q. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Local Government in accordance with this
agreement.
4. Termination of this Agreement
This agreement shall remain in effect until the project is completed and accepted by all parties,
unless:
A. The agreement is terminated in writing with the mutual consent of the parties;
B. The agreement is terminated by one party because of a breach, in which case any cost
incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of preliminary
engineering, specifications, and estimates (PS&E) and the Project does not proceed
because of insufficient funds, in which case the Local Government agrees to reimburse the
State for its reasonable actual costs incurred during the Project; or
D. The Project is inactive for thirty-six (36) months or longer and no expenditures have been
charged against federal funds, in which case the State may in its discretion terminate this
agreement.
5. Amendments
Amendments to this agreement due to changes in the character of the work, terms of the
agreement, or responsibilities of the parties relating to the Project may be enacted through a
mutually agreed upon, written amendment.
6. Remedies
This agreement shall not be considered as specifying the exclusive remedy for any agreement
default, but all remedies existing at law and in equity may be availed of by either party to this
agreement and shall be cumulative.
7. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies, and procedures,
including any cost to the State of a delay resulting from the Local Government's failure to
ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning
of construction. The Local Government will not be reimbursed with federal or state funds for
the cost of required utility work. The Local Government must obtain advance approval for any
variance from established procedures. Before a construction contract is let, the Local
Government shall provide, at the State's request, a certification stating that the Local
AFA-AFA_LongGen Page 4 of 11
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Revised 07/22/2015
CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Government has completed the adjustment of all utilities that must be adjusted before
construction is completed.
8. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental Policy
Act and the National Historic Preservation Act of 1966, which require environmental clearance
of federal -aid projects.
A. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of a local project governed by
this agreement.
B. The Local Government is responsible for the cost of any environmental problem's
mitigation and remediation.
C. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment. Public hearings will not be
held prior to the approval of project schematic.
D. The Local Government is responsible for the preparation of the NEPA documents required
for the environmental clearance of this Project.
E. Before the advertisement for bids, the Local Government shall provide to the State written
documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of all projects
subject to this agreement are in compliance with the Texas Accessibility Standards (TAS)
issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers
Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility
requirements to be consistent with minimum accessibility requirements of the Americans with
Disabilities Act (P.L. 101-336) (ADA).
10. Architectural and Engineering Services
The Local Government has responsibility for the performance of architectural and engineering
services. The engineering plans shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges
and the special specifications and special provisions related to it. For projects on the state
highway system, the design shall, at a minimum conform to applicable State manuals. For
projects not on the state highway system, the design shall, at a minimum, conform to
applicable American Association of State Highway and Transportation Officials design
standards. In procuring professional services, the parties to this agreement must comply with
federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas
Government Code 2254, Subchapter A, in all cases. Professional contracts for federally
funded projects must conform to federal requirements, specifically including the provision for
participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental
matters.
AFA-AFA_LongGen
Page 5 of 11 Revised 07/22/2015
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CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
11. Construction Responsibilities
A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate
the bids, and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction engineering and
for issuance of any change orders, supplemental agreements, amendments, or additional
work orders that may become necessary subsequent to the award of the construction
contract. In order to ensure federal funding eligibility, projects must be authorized by the
State prior to advertising for construction.
B. The State will use its approved contract letting and award procedures to let and award the
construction contract.
C. Upon completion of the Project, the party constructing the Project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
D. For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR
Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effectiveness shall be
made in compliance with 23 CFR 635, Subpart B.
12. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads after
completion of the work and the State shall be responsible for maintenance of state highway
system after completion of the work if the work was on the state highway system, unless
otherwise provided for in existing maintenance agreements with the Local Government.
13. Right of Way and Real Property
The State is responsible for the provision and acquisition of any needed right of way or real
property.
14. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail,
postage prepaid, addressed to that party at the following address:
Local Government:
Brazos County Judge
Brazos County
200 S. Texas Ave., Suite 332
Bryan, Texas 77803
State:
Director of Contract Services Office
Texas Department of Transportation
125 E. 11th Street
Austin, Texas 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail
unless otherwise provided by this agreement. Either party may change the above address by
sending written notice of the change to the other party. Either party may request in writing that
AFA-AFA_LongGen
Page 6 of 11 Revised 07/22/2015
vol. OZ3 3 Pg.. 71
CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Protect
Federal Highway Administration
CFDA # 20.205
Not Research and Development
notices shall be delivered personally or by certified U.S. mail, and that request shall be carried
out by the other party.
15. Legal Construction
If one or more of the provisions contained in this agreement shall for any reason be held
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provisions and this agreement shall be construed as if it did not
contain the invalid, illegal, or unenforceable provision.
16. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts and
deeds as well as the acts and deeds of its contractors, employees, representatives, and
agents.
17. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the State shall
remain the property of the State. All data prepared under this agreement shall be made
available to the State without restriction or limitation on their further use. All documents
produced or approved or otherwise created by the Local Government shall be transmitted to
the State in the form of photocopy reproduction on a monthly basis as required by the State.
The originals shall remain the property of the Local Government. At the request of the State,
the Local Government shall submit any information required by the State in the format directed
by the State.
18. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in
any manner affecting the performance of this agreement. When required, the Local
Government shall furnish the State with satisfactory proof of this compliance.
19. Sole Agreement
This agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting the agreement's subject
matter.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and
allocable to the Project.
21. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and
with the property management standard established in Title 49 CFR §18.32.
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[VOL
CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
22. Inspection of Books and Records
The parties to this agreement shall maintain all books, documents, papers, accounting
records, and other documentation relating to costs incurred under this agreement and shall
make such materials available to the State, the Local Government, and, if federally funded,
the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or
their duly authorized representatives for review and inspection at its office during the contract
period and for four (4) years from the date of completion of work defined under this contract or
until any impending litigation, or claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have access to all
the governmental records that are directly applicable to this agreement for the purpose of
making audits, examinations, excerpts, and transcriptions.
23. Civil Rights Compliance
The Local Government shall comply with the regulations of the United States Department of
Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200),
and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive
Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60).
24. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program.
C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall have final decision -making authority
regarding the DBE goal and shall be responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by
Entity, and attachments found at web address
http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf.
E. The Local Government shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any U.S. Department of Transportation (DOT) -
assisted contract or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Local Government shall take all necessary and reasonable steps under
49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted
contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by
DOT, is incorporated by reference in this agreement. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the Local Government of its failure to carry out its
approved program, the State may impose sanctions as provided for under 49 CFR Part 26
and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
AFA-AFA_LongGen
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CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
F. Each contract the Local Government signs with a contractor (and each subcontract the
prime contractor signs with a sub -contractor) must include the following assurance: The
contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this agreement, which may result in the termination of this agreement or such
other remedy as the recipient deems appropriate.
25. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, "Debarment and Suspension." By executing this
agreement, the Local Government certifies that it and its principals are not currently debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549 and further certifies that it will not do business with
any party, to include principals, that is currently debarred, suspended, or otherwise excluded
from or ineligible for participation in Federal Assistance Programs under Executive Order
12549. The parties to this contract shall require any party to a subcontract or purchase order
awarded under this contract to certify its eligibility to receive federal funds and, when
requested by the State, to furnish a copy of the certification.
26. Lobbying Certification
In executing this agreement, each signatory certifies to the best of that signatory's knowledge
and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties
to any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with federal contracts, grants, loans, or cooperative agreements,
the signatory for the Local Government shall complete and submit the Federal Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The parties shall require that the language of this certification shall be included in the
award documents for all sub -awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and all sub -recipients shall
certify and disclose accordingly. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
AFA-AFA_LongGen _P_age_9.of..11--
Vol. x-3.3_- Pg.-10
Revised 07/22/2015
CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
27. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on
State right of way, before beginning work the entity performing the work shall provide the State
with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State
right of way shall cease immediately, and the State may recover damages and all costs of
completing the work.
28. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part
170, including Appendix A. This agreement is subject to the following award terms:
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.qpo.gov/fdsys/pko/FR-2010-09-14/pdf/2010-22706.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than
$25,000 in Federal funding. The SAM number may be obtained by visiting the SAM
website whose address is: https://www.sam.qov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine -character number that allows Federal government to track the distribution
of federal money. The DUNS may be requested free of charge for all businesses and
entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration
website http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five (5) executives to the State if:
i. More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
29. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200.
B. If threshold expenditures are met during the Local Government's fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable) to
TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit
Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. The expenditure
threshold for fiscal years beginning prior to December 31, 2014 is $500,000; the
expenditure threshold for fiscal years beginning on or after December 31, 2014 is
$750,000.
C. If expenditures are less than the threshold during the Local Government's fiscal year, the
Local Government must submit a statement to TxDOT's Audit Office as follows: "We did
AFA-AFA_LongGen
Page 10 of 11
Revised 07/22/2015
Vol. _233_ pg• t/ —
CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
not meet the $ expenditure threshold and therefore, are not required to have a
single audit performed for FY
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless otherwise
amended or the project has been formally closed out and no charges have been incurred
within the current fiscal year.
30. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
ELi9 A
Signature
Aane`Per5
Typed or Printed Name
Jk& t
Title
3111/1P
Date
THE STATE OF TEXAS
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date
AFA-AFA_LongGen
Page 11 of 11
vol. 33 . Pg._ 2
Revised 07/22/2015
CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OR ORDINANCE
AFA-AFA_LongGen I Page 1 of 1
Vol. -2_1d_ Pg. 83
Attachment A
CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT B
Location Map Showing Project
AFA-AFA_LongGen
Page -1 -of -1 ----- Attachment B
Pg -R S?
CSJ # 0540-04-072
District # 17 -Bryan
Code Chart 64 # 50021
Project: FM 2154 Misc. Improvement Project
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT C
PROJECT BUDGET
Costs will be allocated based on applicable Federal/State funding and a fixed amount of Local
Government funding until Local Government funding reaches the maximum obligated amount. The
State will then be responsible for 100% of the costs.
.-
Description -
.. ..
Cost
-
.. Federal--
.:Participation
State
Participation '
:.'' Local
Participation _. '.
Ceit ; .. •
• Cost :..
:
. Cost
Construction (By State)
$1,800,000.00
$1,450,000.00
$0.00
$350,000.00
Utilities (By LG)
$100,000.00
$0.00
$0.00
*$100,000.00
Environmental (By LG)
$10,000.00
$0.00
$0.00
$10,000.00
Engineering (By LG)
$150,000.00
$0.00
$0.00
$150,000.00
Subtotal:
''$2060000;00
.'.-
7.$1,450,000.00.
$0,00`
'.
__ $610,000:00
Construction
(Direct State Cost)
$100,000.00
$0.00
$100,000.00
$0.00
Utilities
(Direct State Cost)
$5,000.00
$0.00
$5,000.00
- $0.00
Environmental
(Direct State Cost)
$5,000.00
$0.00
$5,000.00
$0.00
Engineering
(Direct State Cost)
$20,000.00
$0.00
$20,000.00
$0.00
Right of Way
(Direct State Cost)
$1,000.00
$0.00
$1,000.00
$0.00
Indirect State Costs
$10,000.00
$0.00
$10,000.00
$0.00
TOTAL
, $2;201,000.00'
. -_ $1450,00000
, ,$141000;00.
-•$610.000.00
*The Utilities (by Local Government) cost shown above is for Utility Relocations only within FM 2154
Right of Way.
Initial Payment by the Local Government to the State: $0.00
Payment by the Local government to the State before construction: $350,000.00
Total payment by the Local Government to the State: $350,000.00
The total amount of Local Government participation shall not exceed the amount appearing above.
AFA-AFA_LongGen
Page 1_af 1
vof. _�33 Pg... 8�s'
Attachment C
RESOLUTION
Resolution Authorizing the Submission of a Grant Application for
Brazos County Drug Court
WHEREAS The Brazos County Commissioner's Court finds it in the best interest of the citizens of Brazos
County that the Brazos County Drug Court be operated for the 2017 Fiscal Year, September 1,
2016 — August 31, 2017; and
WHEREAS The Brazos County Commissioner's Court agrees that in the event of loss or misuse of the
Criminal Justice Division funds, the Brazos County Commissioner's Court assures that the
funds will be returned to the Criminal Justice Division in full; and
WHEREAS The Brazos County Commissioner's Court designates the Director of the Brazos County
Community Supervision and Corrections Department as the authorized official for this grant.
The authorized official is given the power to apply for, accept, reject, alter or terminate the grant
on behalf of the applicant agency.
NOW THEREFORE BE IT RESOLVED that the Brazos County Commissioner's Court approves the
submission of grant application number 1803312 for the Brazos County Drug Court to the Office of the
Governor, Criminal Justice Division. p
Resolved this 5f' day of arc h 2016 in Bryan, Brazos County, Texas.
Duane Peters, County Judge
`149y e2..tfi-a,az i Fu 4-Ir—
Lloyd Warsserman, County Commissioner
Precinct 1
Say Catalena ounty Commissioner
Precinct 2
Kenny Mallar
Precinct 3
ssioner
Irma Cauleissioner
Precinct 4
Grant Application Number: 1803312
voi. 233 P9.. 6 "
RESOLUTION 16-006 OPPOSING TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY PROPOSED PERMIT NO. WO0015225001, KBARC, LLC.
WHEREAS, KBARC, LLC. applied to the TCEQ for a Texas Pollutant Discharge
Elimination System ("TPDES") permit number WO0015225001 ("Application") on
February 12, 2014; and,
WHEREAS, The Application was declared administratively complete on July 1, 2013;
and,
WHEREAS, TPDES Permit No. WO0015225001 would authorize the discharge of
300,000 gallons per day of treated domestic wastewater to Steep Hollow Branch; then
to Wickson Creek; then to Navasota River Below Lake Limestone; and,
WHEREAS, Numerous affected parties requested that Application be referred to the
State Office of Hearings Examiners for a contested case hearing; and,
Whereas, The TCEQ referred the case to SOAH for a contested case hearing on
February 17, 2016; and,
WHEREAS, Brazos County, as a government acting through its elected County Judge
and Commissioners, seeks party status in the contested case hearing so that it may
protect the health, safety, and welfare of its citizens as well as protect the environment
from negative impacts created by its citizens; and,
WHEREAS, 30 Texas Administrative Code ("TAC") 55.203(b) states that governmental
entities, including local governments and public agencies, with authority under state law
over issues raised by the application may be considered affected persons; and,
WHEREAS, Brazos County has statutory authority over the platting and siting of the
subdivision; .a nd,
WHEREAS, Brazos County is the Federal Emergency Management Administration
("FEMA') designee and has statutory authority over any structure or action within the
designated flood areas of Brazos County; and,
WHEREAS, Brazos County has concurrent enforcement authority over the discharge of
waste onto the land or water courses within the County; and,
WHEREAS, Brazos County, is an affect person in accordance with TAC §55.203(b).
THEREFORE, Brazos County directs its County Attorney to seek party status and
oppose the granting of the permit to KBARC.
``
Signed this ISi
6
Duane Peters, County Jo
‘4/apri /ant
Commissioner Lloyd Wassermann
Precinct
Comnussioncic inny Mall: • I
Precinct 3
onions • over Sammy Cataluna
Precinct 2
i,l'i/ '
Commissioner ❑na y y
recinctfr
6-006
vol, ce 33... Pg ._�!7_
Brazos County
Job Description
Last Updated: September 2014
RECEIVED IZ
FEB 252016
Templale Revision 1.208/1512012
`io
Class Number: ! 1713
Pay Group: j 07
' FLSA Status: Non Exempt
Approved Date: 10/01/2015
Title:
Clk, Temp. 1040hrs
District Clerk
Supervisor & District Clerk
Office and Clerical
Department:_
I._Reports To:
EEOC Category:
Position End
Date:
09/30/2016
Temporary
Employee
Signature:
General Summary:
documents ---.
I Scans documenents into the Imaging system.
Essential Duties:
Scan both active and disposed paperwork and files.
Fde documents and files after scanning.
Assist the public and other employees, as needed or requested, with records search which may Include microfilm search and making of copies.
Assist other employees, as needed or requested, with answering telephone calls, answering questions, and directing to proper person according to
office procedures.
Perform all other duties assigned with fall within the general scope and ability level of the job.
Other Duties as assigned. (1 %)
Supervision
Received: From Supervisor and District Clark
Education
Given: This is a non -supervisory position.
Required: j High school graduation or Its equivalent.
Experience
Preferred:
Certificates, Licenses,
' Registrations_
Required: None.
Preferred:
Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The
requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential functions.
J
Preferred:
Physical Demands
Vol. _01_.3.3 Fig, 88
Typical: The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. While performing the duties of this job, the
employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; bend end
kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must
frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific
vision abilities required by this job Include close vision, distance vision, and ability to adjust focus.
Knowledge, Skills, &'Abilities
Typical: { Operate computers, including spreadsheet and word processing software; read and Interpret manuals and
memos; perform basic mathematical calculations; write letters, memos, and telephone messages; manage time
effectively; understand and follow instructions; operate standard office equipment, such as copy machine and
facsimile machine; communicate effectively, both orally and In writing; and maintain effective working
relationships with co-workers and the general public.
Work Environment •r
Typical The work environment characteristics described here are representative of those an employee encounters
• while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions. The noise level in the work environment is
usually moderate. The employee is constantly required to work closely with other as a part of a team. The
employee is frequently required to perform tedious and exacting work; to perform multiple tasks
simultaneously; to switch from one task to another, and to work under time pressures to meet deadlines.
Duane Peters
County Judge
Date
vol. Pg
13
STATE OF TEXAS §
COUNTY OF BRAZOS §
INTERLOCAL AGREEMENT BETWEEN
BRYAN INDEPENDENT SCHOOL DISTRICT
AND BRAZOS COUNTY, TEXAS; AND
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between the
Bryan Independent School District, a political subdivision of the State of Texas ("BISD"), and
Brazos County, Texas a political subdivision of the State of Texas ("County"), and is effective
for all purposes as of October 1, 2015 ("Effective Date").
WHEREAS, the respective participating governments (the "Parties") are authorized by
the Interlocal Cooperation Act, LOC. GOV'T CODE ANN. §791, to enter into an agreement for
to administer a program for local economic development; and
WHEREAS, Ben Milam School and Anson Jones School are elementary schools located
in the BISD; and
WHEREAS, those above -named schools have volunteers that participate in a program
named Read by Third; and
WHEREAS, the mission of the Read by Third program is to facilitate community, school
and parental relationships that will result in children reading by third grade and beyond through
an integrative and collaborative model engaging parents, children, school personnel and the
community; and
WHEREAS, BISD and the County have determined that it is in the best interests of their
citizens that Read by Third program at the named BISD schools be supported in the interest of
community support and education; and
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the Parties agree as follows:
A. Term of the Agreement
1. The term of this Agreement is for a period of one (1) year, which shall commence on October
1, 2015 and end on September 30, 2016 (the "Contract Term"). At the conclusion of the
initial Contract Term, the Agreement may be renewed upon the agreement of all Parties for
an additional term of one (1) year on the same terms and conditions as provided herein.
B. Obligations of Bryan Independent School District
2. The obligation of BISD is to provide the County with end of year program results of the
parents and children served.
vol._ 01_33 Pg._9�_.
C. Obligations of Brazos County
3. County shall make direct payments of the annual contribution, as set forth in Paragraph D, to
BISD within thirty (30) days of the Effective Date of this Agreement.
D. Total Annual Contribution for Current Fiscal Year
4. The County shall fund BISD in the amount of $2,500.00 for the Contract Term of this
Agreement.
E. Miscellaneous
5. Annual Approval. The obligations of BISD and the County under this Agreement are subject
to annual approval by the governing bodies of each entity.
6. Term. This Agreement shall continue in force for one (1) year from the Effective Date.
Audit.
7. Audit. No more frequently than once per calendar year, County shall have the right to
inspect through its auditor, at BISD's sole expense, the records of the Read by Third program
as facilitated by BISD on reasonable advance written notice and during BISD's regular
business hours. Such records shall be maintained for a period of at least one (1) year from
the date of creation of such record.
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 the BISD of Bryan, 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.
vol. 0733 _._ Pg._ f /_
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. Incorporation of Recitals. The determinations recited and declared in the preambles to this
Agreement are hereby incorporated herein as part of this Agreement.
14. Interpretation. The parties acknowledge that each has had the assistance of counsel in the
review of this agreement, no one party is to be deemed the author of the agreement, and
ambiguities shall not be resolved against any party. The caption headings of this Agreement
are for reference only and shall not affect its interpretation. This Agreement is entered into
for the exclusive benefit of the parties hereto and not for any other third parties. Nothing in
this Agreement, expressed or implied, is intended to confer upon any person or entity not a
party to this Agreement any rights or remedies under this Agreement.
15. 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.
16. Public Information Act. The parties acknowledge and agree that County and Bryan ISD may
be subject to either Rule 12 of the Judicial Rules of Administration or to the Texas
Government Code, Chapter 552, also known as the "Texas Public Information Act"
(hereinafter, "PIA"). Thus, there may be occasions when requests for information are
submitted to the County or Bryan ISD pursuant to Rule 12 or the PIA. Upon a request for
information by a third party under Rule 12 or the PIA, it is expressly acknowledged and
agreed that Bryan ISD, County, its Commissioners, County Judge, elected officials,
appointed officials, department heads, and employees (hereinafter, "Governmental
Requestors") may request advice, decisions and opinions of the Attorney General of the State
of Texas (hereinafter, "Texas Attorney General") in regard to the application of the PIA, or
any exceptions or exclusions thereto to any requested forms, documents, manuals,
instructions, guidelines, software, hardware, firmware, or any part thereof, or other
equipment or item, data or information furnished by Service Provider to, or otherwise in the
possession or knowledge of, the County and/or Bryan ISD. It is further acknowledged and
agreed that the Governmental Requestors have the right and obligation by law to rely on the
advice, decisions and opinions of the Texas Attorney General. The Service Provider hereby
releases the Governmental Requestors from any and all liability or obligation of any type,
kind or nature regarding any disclosure of any forms, documents, manual, instructions,
guidelines, software, hardware, firmware, or any part thereof, or other equipment or item,
data or information furnished by Service Provider to, or otherwise in the possession or
knowledge of, the County and/or Bryan !SD that is determined by or in reliance on any
advice, decision or opinion of the Texas Attorney General to be available to the public or any
persons.
17. Governmental Immunity. This Agreement is expressly made subject to Brazos County's and
Bryan ISD's governmental immunity, Title 5 of the Texas Civil Practices and Remedies
vol. Lid__. Pg. _9.2.
Code, and all applicable federal and state law. Nothing in this Agreement is intended to
benefit any third party beneficiary.
18. Fiscal Funding Clause. Notwithstanding any provisions contained herein, the obligations of
the County under this Agreement are expressly contingent upon the availability of funding
for each item and obligation contained herein for the term of the Agreement and any
extensions thereto. Any person or entity directly or indirectly employed by BISD shall have
no right of action against the County in the event the County is unable to fulfill its
obligations under this Agreement as a result of lack of sufficient funding for any item or
obligation from any source utilized to fund this Agreement or failure to budget or authorize
funding for this Contract during the current or future fiscal years. In the event that the
County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient
fimding, or if funds become unavailable, the County may provide funds from a separate
source or may terminate this Agreement by written notice to BISD at least thirty (30) days in
advance of such termination.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND
EFFECT OF AN ORIGINAL.
Executed this 21 day a'0 , 2015.
BRYAN INDEPENDENT
SCHOOL DISTRI
President df the
Board of Trustees, Bryan Independ.
School District
APPROVED AS TO FORM
ATTEST
ATTEST
Duane Peters, County Judge Karen cQ een, County Cle
/148 I
APPROVED AS TO ORM
Bill Ballard, Asst. County ttorn
VoL,Z J,3 Pg. ff
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
February 1, 2016
CME Testing and Engineering, Inc.
320 Graham Road r��
College Station, TX$ i1 d "I
Attn: Dori Evans
Phone: 979-690-3600
Fax: 979-690-3668
Email: dori@cmetesting.com
Re: Renewal of Contract for Road and Bridge Engineers and Surveyor 2016 -159R previously known as 2013-39
Brazos County appreciates the work provided by your company and would like to exercise the renewal option for
Road and Bridge Engineers and Surveyor. All terms, conditions, and pricing shall remain the same. This renewal
will be for one year and will start April 16, 2016 through April 15, 2017.
Strong Surveying, LLC
Mitchell & Morgan, LLP
CME Testing and Engineering, INC
To accept the renewal option, please fill out the information and sign below. Return the signed documents by email
to cnorton@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an
updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible.
If you have any questions, I may bereachedat (979) 361-4291. �j �/ �} / /y % r�
Contact Nome: Cl'('('` '�`v a'nS Telephone: I I `' V7-1 0, 31O6"0
E -Mail: I.Ja_AilJas-rnt-i s tai e CO1
CME TESTING AND ENGINEERING, INC.
9-to.c90,3c a
Date
31i fit,
Duane Peters, County Judge Date
Vol. 02i.3 _.. Pg.y
Brazos County
Purchasing Department
February 1, 2016
Strong Surveying, LLC.
1722 Broadmoor Ste. #105
Bryan, TX 77802
Attn: Curtis Strong
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
Phone: 979-776-9836
Fax: 979-731-0096
Email: Curtis@strongsurveying.com
Re: Renewal of Contract for Road and Bridge Engineers and Surveyor 2016 -159R previously known as 2013-39
Brazos County appreciates the work provided by your company and would like to exercise the renewal option for
Road and Bridge Engineers and Surveyor. All terms, conditions, and pricing shall remain the same. This renewal
will be for one year and will start April 16, 2016 through April 15, 2017.
Strong Surveying, LLC
Mitchell & Morgan, LLP
CME Testing and Engineering, INC
To accept the renewal option, please fill out the information and sign below. Return the signed documents by email
to cnorton@brazoscountytx.gov or fax to (979) 361.4293. Please then submit the original signed documents and an
updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible.
If you have any questions, I may be reached at (979) 361-4291.
Contact Name: 1-1•cu IS—STPoFr r Telephone: Q 19r -I e 6 { 834
E -Mail: Cur+iS@"1-rohcp a rue yt n9 . com Fax: cnct -131- 00c1(42
STRONG SURV
G, LLC
2/is/ace
Authorized Signature " - Date
Duane Peters, County Judge Date
vol. .� 3.3_._ Pg.--gr.
Brazos County
Purchasing Department
February 1, 2016
Mitchell & Morgan, LLP
Engineers & Contractors
511 University Dr. Ste. 204
College Station, TX 77340
Attn: Joel Mitchell
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
Phone: 979-260-449
Fax: 979-260-3564
Email: jeel@mitchellandmorgan.com
Re: Renewal of Contract for Road and Bridge Engineers and Surveyor 2016 -159R previously known as 2013-39
Brazos County appreciates the work provided by your company and would like to exercise the renewal option for
Road and Bridge Engineers and Surveyor. All terms, conditions, and pricing shall remain the same. This renewal
will be for one year and will start April 16, 2016 through April 15, 2017.
Strong Surveying, LLC
Mitchell & Morgan, LLP
CME Testing and Engineering, WC
To accept the renewal option, please fill out the information and sign below. Return the signed documents by email
to cnorton@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an
updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible.
If you have any questions, I may be reached at (979) 361-4291.
Contact Name: Jce
E -Mail: @MI
Nikki
kello flauery.ots n
MITCHELL t MORGAN, LLP
Signature
Telephone:
Crn-a(Qo- t 1L3
Fax: (4 ( 1'D4V — ✓57i-
/≤FwdlS
Date
314,
Duane Peters, County Judge Date
Vol. o?.33 Pg. 74
Brazos County
Purchasing Department
February 23, 2016
Texas Commercial Waste
P.O. Box 645
Bryan, TX 77806
Attn: Ron Schmidt
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
Phone: 979-775-7171
Email: tcwronsch@hotmail.com
Re: Renewal of Contract #2016-177R Solid Waste Hauling and Recycling, previously known as
contract # 2013-26 Solid Waste Hauling.
Brazos County appreciates the quality work your company has provided and would like to exercise the
renewal option for Contract #2016-1778 Solid Waste Hauling and Recycling, previously known as
contract # 2013-26 Solid Waste Hauling.
All terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start
May 22, 2016 through till May 21, 2017.
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to cnorton@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the
original signed documents and an updated Certificate of Insurance by mail to the address listed above.
Please return acceptance as soon as possible. If you have any questions, I may be reached at (979)
361.4291.
Contact Name: I \rinI rcc-n-ten Telephone: 191— 9'25-919/
E-Mai1:.TG /Aon)SGt7��olMa.4 Cod., Fax: 975- O22. -6006
TEXAS COMMERCIAL WASTE
(9+aq-not,
Authorized Signature Date
3/i/ltr
Duane Peters, County Judge Date
Vol, _ Pg, 97
t__
Tabulation
IQ 2016-177R Solid Waste Hauling/Recycling
Previously known as 2013-26
June 24, 2016 through May 21, 2017
Description
Estimated Quantity
Texas Commercial
Total Amount
Brazos Valley
Total Amount
Waste JTCW(
for TCW
Recycling (BVR)
for BVR
Hauling Charge to Landfill
Weekdays 8:00am - 5:00pm
32
$125.00
$4,000.00
$160.00
$5,120.00
Hauling Charge to Landfill after
hours
0
$150.00
$0.00
$160.00
$0.00
Hauling Charge to Vendor
Location 8:00am - 5:00pm
37
$125.00
$4,625.00
$140.00
$5,180.00
Hauling Charge to Vendor
Loaction after hours
6
$150.00
$900.00
$140.00
$840.00
Tipping Fee Compost/Shavings
cost per ton
201.72 Tons
$0.00
$0.00
$13.50
$2,723.09
Tipping Fee Mixed
Construction Materials cost
per ton
63.35 Tons
$15.00
$950.25
$13.50
$855.23
Tipping Fee Cardboard cost per
ton
5 Tons
Market Value
Rebate less
$40/ton
(100.00'5
Tons)-
($40.00*5
Tons) =
$300.00
$0.00
$0.00
Rental cost of 40 yard open top
container
Up to 5 at a Time
$0.00 for 5 total
containers -
$1.00/container
after first 5
$0.00
$0.00
Saco
Rental cost of 30 yard open top
container
Up to 5 at a Time
$0.00 for 5 total
containers -
$1.00/container
after first 5
$0.00
$0.00
$0.00
Acceptions:
.., --
$25.00 Cost to deliver container
after hours
N/A
Estimated Total Cost/Year
$10,175.25
$14,718.31
DELIVERY TIME
Description
Texas Commercial
Brazos Valley
Waste
Recycling
Delivery of empty container
during working hours
4hours
2hours
Delivery of empty container
after hours
4 hours
4 hours
Pick up of full container with
recyclable materials during
working hours
4 hours
2 hours
Pick up of full container with
recyclable materials after
hours
4 hours
4 hours
Pick up of full container with
mixed trash during working
hours
4 hours
2 hours
Pick up of full container with
mixed trash after hours
4 hours
4 hours
Recommended Award: Texas Commercial Waste
is Court on this - tr511- day of pr'�� 1"+ IC!n,2016 bbyy, , /,,,�
Iding the position of1^((%% (VIA" "')'t4JIf
Vol. a33 Pg. 78'
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: March 1, 2016
SUBJECT: Private Property Access
Request permission to enter private property owned by Gene M. Woodell located at
4550 Dilly Shaw Tap Road. Project will require the County to clean out existing
drainage channel and place rock riprap near culvert outflow to control erosion. Site is
located in Precinct 2.
SUBMITTED BY: ACI7 • WLEDGED BY:
Ce4 (j
Darrell W. Kolwes
Right of Way Agent
Sa my C . talena
Commi,sioner Precinct 2
This request is " OVED /D DENIED by Commissioners' Court
Duane Peters, County Judge
Date:
31/11,
Vol, _01J3 . P9.,_�-7
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Lloyd Wassermann
Commissioner Pct. 1
Sammy Catalena
Commissioner Pct. 2
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner Pct. 4
I. OWNER(S): Gene M. Woodell - (979) 846-8464
(979) 255-9224
II. ADDRESS: 205 Brookside Drive E
Bryan, Texas 77801-4504
R. Alan Munger, P.E.
County Engineer
Brazos County Road & Bridge Dept.
2617 Huey 21 West
Bryan, Texas 77803
Office: 979-822-2127
Fax: 979-775-0453
ramunger@brazoscountytx.gov
III. LOCATION OF WORK: 4550 Dilly Shaw Tap Road
R108450 - Stephen F. Austin #10 Survey, A-63, Tract 48.3, 4 acres
IV. DESCRIPTION OF WORK: Request permission to enter property to perform
maintenance on drainage channel. Work will include cleaning out channel and
possibly installing some rock riprap near culvert outflow to control erosion. This
work is being done for the health, safety and welfare of the general public.
Additional Comments: Excess dirt will be spread out over back of drainage
channel or hauled off. Channel will be over seeded or hydro -mulched upon
completion of work.
V. MAINTENANCE: Yes X No
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: As needed.
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:
R. Alan Munger, P
County Engineer J Rialit_of Wav_Age
Gene M. Woodell
Date: cg - 4-2I
QA.L.)
Darrell W. Kolwes
Vol. 0133-- Pg. /O0
1g
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: March 1, 2016
ITEM: Consider and take action on acceptance of Los Lobos Subdivision into the Brazos County
road maintenance system; the roads (Los Lobos Drive. Venado Court and Mapache Court) and
roadway drainage structures are in compliance with the Brazos County Subdivision and
Development Regulations. Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
NOTES/EXCEPTIONS:
• Brazos County will assume no maintenance responsibility for drainage ways or easements
other than those running parallel to, or across the road/street rights of way. Private
drainage ways and easements shall be maintained by the individual property owners or the
Home Owners Association (BOA).
• Brazos County shall maintain the roadway, shoulders as needed and drainage facilities
which directly drain the roadway and associated ditches.
• The property owners/HOA shall be responsible for mowing and landscape maintenance of
all rights of ways and easements.
• County approved construction February 2014.
SUBMITTED BY:
R. Alan Munger, P.E.
County Engineer
CC2016
This Re
Date:
nest. is
E. Duane Peters, County Judge
proved K (or) Denied
ACKNOWLEDGED BY:
unissio r y Catalena
Precinct 2
by Commissioners' Court
voi..2 33 pg. /O/
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: March 1, 2016
ITEM: Consider and take action on acceptance of Louis Mikulin Road into the Brazos County
road maintenance system: the road and roadway drainage structures are in compliance with the
Brazos County Subdivision and Development Regulations. Site is located in Precinct 4.
SOURCE OF FUNDS: N/A
NOTES/EXCEPTIONS:
SUBMITTED BY:
R. Alan Munger, P.E.
County Engineer
CC20] 6
ACKNOWLEDGED s_Y:
Co issione
Precinct 4
This Rep is Approved � (or) Denied by Commissioners' Court
Date:
Duane Peters, County Judge
33 Pg.__/ 2 1
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2015-2016 BUDGET YEAR
NO. 15/16 23.1. — 23)0
On this the 1st day of March 2016 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters. County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WI I C REAS, on 1st day of M arch 2016 the Court heard and approved a budget amendment for
the 2014-2015 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary clue 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 1st day of March 2016.
TILE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
13v:
Duane Peters, County Judg
Original: County Clerk's Office and
Attached to the original budget
Vol5J. Pg. /03--1
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 23.1
3/1/2016
FUND
DIV
ACCT
PROJ
DRICRI
ACCOUNT NAME
{
Increase l
Decrease
4500
63000500
71300000
CR 'Microfilm.
Records & Scan
I
1
16.S57.25
4500
63000500
60211000
DR I
Software - No Tag
I
323.20
4500
63000500
67203000
DR
\ li,'tor Computer Hardware
1,334.05
4500
1 63000500
80203000
DR
Computer -Hardware
15,195.00
k
I
I
I
I
I
1
i
I
I
General Capital Jinprovemeul - SO
l
I
J
Reallocation of funds to the correct accounts for the Microfiche/Film Conversion I'rojcr.
I
I
I i
� I
I
I
I
I
�D`ep'a'atme'nt?App�°�ra1- � i 'hw a `" Date "•r2 i
Vol., Pq, 4e/
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 23.2
3/1/2016
FUNDI
DIV
ACCT
PROJ I DR/CR
I ACCOUNT NAME
Increase I
Decrease
0100
122600100
I 65320000
I CR
'Equipment - Maintenance
I
250.00
0I00
122600100
61620000
1 I CR
(Subscriptions & Publications
432.00
0100
122600100
60600000
I CR
Office Supplies
14.00
0100
122600100
672030000
I DR
'Minor Computer Hardware
696.00
i
I
!
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Associate Judge #1
I
Reallocation of funds
to purchase art additional computer
and monitor for the counsel table in the courtroom.
I
I I
I
I
I
I
!
I
�aS+�nm
Date 212 t .. 2125/20161
iu
a � z
IDepaitmerit,A iiiiaicraa' qI,c r ;, -1AII51 +.: 4 1
County,Judge Approval;.'�r{�S 'rD'ate'47V,:t$;j
Vol. -?1-5 - Pg,__/a-J
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 23.3
3/1/2016
FUND DIV ACCT
PROJ
DR/CR I
ACCOUNT NAME I Increase I Decrease
2500 18010000 672S6000
2500 18010000 60211000
CR (Equipment - Other
323.20
I DR (Software - No Ta,
1
323.20
Forfeiture Funds - County Attorney
Reallocation of funds to purchase an additional computer and monitor for one of the viewing rooms.
rvoi. _ U3 _. Pg, /�
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: March 01, 2016
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting
Request(s)
Employee Request
Applies To
Action Requested
District Clerk
Kennedy, Ernestine
Morrison, Martha
Transfer w/in Dept.
Transfer w/in Dept.
Juvenile Services — Academy
Bautista, Marsela Resignation
MPO
Benthul, Bart Supplement Pay
Road & Bridge
Jenkinson Jr., Richard Retirement
Sheriff's Office — Detention
Calhoun, Michael
Castro Jr., Joel
James, Jonathan
McClure, William
Wilcox, David
Step Increase
Step Increase
Step Increase
Step Increase
Step Increase
Sheriffs Office — Medical
Pillow, Debra Retirement
Approved in Commissioners' Court: March 01, 2016 :
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Vol. 213 Pg.-1O 7
1
�3