Loading...
HomeMy WebLinkAbout2016-03/01 10:00AM REGULAR MEETINGr U- LLo.. BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA PI 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 BRAZOS COUNTY COMMISSIONER'S COURT 5i- DAY OF alts , 20 I lL 10 M, ge5u l&r ReekiA Name (PLEASE PRNT) Organization (PLEASE PRNT N fA r�letC i�l ek t \ Cow-mor. 414 K--- ci cc c Ojrnn& . a (;ap/,p-1iv e,• i-sT.s% ob TiVtkM-4r 6ocrtc1 CSC° C t? MP5610tz C 5Cd 1' OI,viL e, 1 I Meet tz1/4-01 btu P1/4-ci-t6w, Assoc, --reX,at) Ct of a BRAZOS COUNTY COMMISSIONER'S COURT S- DAY OF Ma rGh , 20 (o /0 M, ?esu (O r Mee1i rw- Name (PLEASE Pa JJrjt, •V`d,141( L*itz* I Dsnit s e 44d M�rn�ii.a F\e4 tdSoix b coli- c7rva AOR/cA kf It Con Itt Organization (PLEASE PRL T) hid1 l✓ S sktv e c,m6 P(, 3 kr MI clefts CO 04.0 60 c O "c' & O, CLt g ...G4 3 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. �/ Q Q ¢ QCQQa<Q moo z n N CO 2 2 ZZZZZZZ LO o Yegua-Jackson 0 O ei n 0 n N m N m Ln a 00 N N m N 01 m ei a fel 00 00 00 Li; 0f LO m en rl Ln 01 01 LO Ln V V LO M Ln <t rl N r)' rl ei rl rl 0 0 N LO O N. O m O CO t0 O N m NI tri LO 6 Ni C p1 N ri m V .-N1 M N cl' to n in R N C vl re m d' l+'1 M rl Ln co oN Ln a O N d' Ln U C N O� 0O0 m C 0 CO 0 00 O •-i Cl L!1 N N d' in m CO CO a' 0 o m OO 4 lD n 0rOLID V 0 Ln N LO N Ln N LO m Ni Ln O Lt 01 N L0 In o V l0 V m lG V Ln Lo CO CO 0 Ln N N U V1 m rl t 0 m 0 Ln N m ri a 0�'1 e�i m In N LO m 0 N in m ei t: N N rl rl rl CD r 0 U Ln Ln rl ei LO L.D a a 0 0 4 Ln N N N N el el Ln In Lll Ln N N N N CO el el N N 0 0 ID Ln LD I LD to CO el el m m 0 0 O Al LO ICI" N N CO m rl 0 O N C m 01 O N Ln m N O m LO LO N N G' LO o emi en Lm0 0011 1 M M COmm Ln 0 OLD to In E 01 m m NO a0 mn cO LO co.0 01 ei n n N N N - o rl Ln N d' N N rl L0 0 rl Not LO V O O a `15N LO co L0 Ol in IV r1 rl o (0 N O O N 01 LO 01 Lp = N . r As of 2=24-16 Q 2 O 0 0 N Acre Feet Permitted Li) O to N el 0 01 el e1 el el rl el 0 0 0 0 0 0 0 0 N N N N N NN W NO N 0) N 0 LA LA LA IA VI LA D m m > CIWID00.1 CU C) Cl W C) -CJ C) C) LL LL LL LL U. u- 04 v d a Ell. -`l '`) '13 LI-C) a aa a < < N- ei- N O m m v w 00 0 Q. Q; a `w a- .0 C 03 a Permitted Well Ln. O. Lo LA d 3 m ei v Lo Y Yf E E . C) a O. c c o o 4) 03 .0 .O 0 ix z0 0 0 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 I , Title- 17 iY1�oth. OW4gr ,J 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 �! 13-1(?./1-44O County, TRACYRCORWFA i ty ROTARYPOBLLO 7 suetTws "'VV;R cantrA. 0472Ot15 Vol. 0-9..3 Pq. G EN '- '' -n 4�WHITE.. u. ti.;...,r Z:„..„,?.;t q' -'7.—,..------r1.7, . V/• , ftis ',° OJ gip' • m• ao zat _ ! PO € ;Z } t-- ,:r� ��. 4 ,�v I I I I I. �ONARL5 Nb I ;I � ; (. i Y �,�z r : � :. '"z RD NANC �Y -• - •-CRE• E - • c�p- • /'•, P. `r. f .'t ��O~r � wSTONE�L7pp�~ t • R• v'' s rE11'tiw....Ite . ~ t . Y s BEAVER, -�.. • �cY VILLP►'• �O� ptti� � . ,„: ,�� ju. r� a '" ,:: ,ND -CT t I. 4 -rb ;, rtx• •Fi1 F� • • •v g w • m'•"INARIA '� ' O:` _ ..';r ?E°d >. � �'rQ •' �O '#+�4w f . � t�r`W1 I' `( 'xlI YJ�Qt�A.ai i'.• r . to i „' ,• ' s . • •• ¢: •.c�i_ GP q4 V2 ,, .tO a.• / •• Fi, f ,•!, •�ti�g';. .����v♦1■ • t.r.�.r \ f •, .. 0�', i.; �! `.' ^�\mow'`. } _ ��•`'�+ • •! ", 1624,::* ,C3.� • .4 • • YF '4 t.t:leo. ._411 • -'4:"" 1 ... ‘-': ''..1 :-1/ o�-mot.., 4a r r -I 1_:: j a� a i • I 1 I . Hi FIA MQND �C IQ- 4U �_ SIQT ., ::0441'; _ .: m. iM i. F• `\\% 1_l j KIMBROUGH BL TOM G 1 1` .414) ' CHANDLER DR a - stigp_ _ _ ., -USA/ _'O ("-QQ"--BUSRDR/%-; !t. fi S - r -U, X! • j �1 +� Q� lig- [1? t I� = F=& B Ru \\ m TUR{< RD G -13 o �Q .i •r:►J tit. 1�t,, 1_.rl__ RAY.MON4 gi ST0WiZE 'PW " 1O:w' UN AM - -• R • NTAGE ).,y"- `s R ORDINANCE 2132 - GO- RpF LAM ST -.1 /I G��Nv, ..... 4/1P4,•ter rr , , , G� /J DWAR ;, vol. 33 Pg. 7a 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 Vol..02_33_. . Pg. 73 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 Vol. Oeu.3 Pg. 74 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 IVol. 2 35 Pg..15 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 Vol..2__35 Pg,.-7 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. AFA-AFA_LongGen Page -7 -of --1-1— -- - Revised 07/22/2015 [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 Page 8 of 11 _—_____.__Revised 07/22/2015 Vol, PZ3.3 _, Pg._ 7-1-. 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