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HomeMy WebLinkAbout2016-09-13 10:00AM REGULAR MEETINGI 'r= TD i i-_... I c--- .EP -q A 11* Ob BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRA70S COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 13, 2016 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard Call for Citizen input and/or concerns Consider and take action on agenda items 3-18: 3. Proclamation 16-031 declaring September 18 - 24, 2016 to be Fall Prevention Week 4. Resolution 16-017 thanking Jodie Hoyak for his dedication and service to the Memorial Funeral Chapel and the community. 5. Approval of the Job Description for Temporary Attendant, Building and Grounds -1040 hours (Class Code 0832, Position 4) for Exposition Complex. 6. Approval of the following funding agreements for FY 2017: • a. Aggieland Humane Society, Inc. • b. Arts Council of Brazos Valley • c. Big Brothers Big Sisters of Brazos Valley • d. Brazos County Historical Commission • e. Brazos County Precinct 3 Volunteer Fire Department, Inc. • f. Brazos County Precinct 4 Volunteer Fire Department, Inc. • g. Brazos Valley Council of Governments for Indigent Health Care • h. Brazos Valley Food Bank, Inc. • i. Bryan/College Station Chamber of Commerce, Inc. . j. District Two Volunteer Fire Department, Inc. • k. Easter Seals East Texas, Inc . I. Health For All, Inc. Vol. _a� Pci. --1 -- • m. Junction 505 • n. Keep Brazos Beautiful, Inc. • o. Mental Health Mental Retardation Authority of Brazos Valley • p. Research Valley Partnership, Inc. • q. Scotty's House Child Advocacy Center • r. South Brazos County Fire Department, Inc. • s. Texas A&M University System for the benefit of Easterwood Airport. 7. Approval of Business Associate Agreement with Bethesda Healthcare, Inc. for the Healthy Directions Program B. Renewal of contract # 17-011 R, Fuel with Brenco Marketing. 9. Approval of contract # 17-097, Internet Services for Pct. 1. 10. Acceptance of the following roads into the Brazos County road maintenance system: 1. Indian Lakes Phase 7 (portion of Anasazi Bluff Drive, Toltec Trail) 2. Indian Lakes Phase 8 (portion of Indian Lakes Drive, Copper River Drive, Mojave Canyon Drive, Navajo Ridge Drive) 3. Indian Lakes Phase 10 (portion of Indian Lakes Drive, Seminole Point, Matoska Ridge Drive, Tallulah Trail) 4. Indian Lakes Phase 11 (portion of Anasazi Bluff, La Venta Way, Paleo Point, Sacred Arrow Drive) 5. Indian Lakes Phase 12 (Kowa Cove, portion of Matoska Ridge Drive) 6. Indian Lakes Phase 13 (Anasazi Bluff Drive, end of Matoska Ridge Drive) The roadways and roadway drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 1. 11. The Final Plat of Majestic Oaks Lot 1- Block 1, Being a Development Plat of 3.528 Acres in the Samuel Davidson League, A-13; Volume 13024, Page 287; (College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. 12. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 -inch water line crossing under Deep Well Road 1,300 feet west of FM 974. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 6075 Deep Well Road . Site is located in Precinct 2. 13. Acceptance of Special Warranty Deed from Regina Mae Pavlas and Darrell Pavlas for 0.418 acre of land to be used for improvements to Smetana Road located in Precinct 4. 14. Tax Refund Applications for the following: • a. Donald Williams -overpayment -$23.13 • b. Mitchel Moran -overpayment -$9.13 • c. Dwight & Sandra Caldwell -overpayment -$19.59 15. Personnel Change of Status. a. Personnel Action Forms for Fiscal Year 2016 b. Personnel Action Forms for Fiscal Year 2017 16. Payment of Claims. 17. Convene into the following Executive Sessions; • a. Executive Session pursuant to Texas Government Code 551.087 to discuss or deliberate economic development negotiations. • b. Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. 18. Consider and take possible action on executive sessions. 19. Sheriffs report on inmate population. 20. Announcement of interest items and possible future agenda topics. 21. Call for Citizen input and/or concerns 22. Adjourn. Eo, . _�/ '.a `-J�-- 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 be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda 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 Section 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. Ido 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, TX77803 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. v;�i.l r.,q _ BRAZOS COUNTY BRYANJEXAS NOTICE OF ADDENDUM BRAZOS COUNTY COMMISSIONERS COURT In addition to the Regular Meeting, the Commissioners Court will consider and take action on the following item(s): MEETING September 13, 2016 DATE: MEETING 10:00 AM TIME: MEETING Commissioners Courtroom of the County Administration Building, 200 PLACE: S. Texas Ave., Suite 106, Bryan, Texas 1. Proclamation 16-032 declaring the week of September 17-23, 2016 as Constitution Week. The Commissioners Courtroom of the County Administration Building, 200 S. Texas Ave., Suite 106, Bryan, Teras 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. MINUTES SEPTEMBER 13, 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, September 13, 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. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-18: 3. Proclamation 16-031 declaring September 18 - 24, 2016 to be Fall Prevention Week. The Court unanimously approved Proclamation 16-031 declaring September 18, 2016 Vol. pq9 through September 23, 2016 Fall Prevention Week. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 4. Resolution 16-017 thanking Jodie Hoyak for his dedication and service to the Memorial Funeral Chapel and the community. The Court voted unanimously to adopt Resolution 16-017 recognizing, commending and thanking Jodie Hoyakon behalf of the citizens of Brazos County for fifty (50)years of distinguished service to Memorial Funeral Chapel and our community. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 5. Approval of the Job Description for Temporary Attendant, Building and Grounds - 1040 hours (Class Code 0832, Position 4) for Exposition Complex. A copy of the job description is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 6. Approval of the following funding agreements for FY 2017: • a. Aggieland Humane Society, Inc. • b. Arts Council of Brazos Valley • c. Big Brothers Big Sisters of Brazos Valley • d. Brazos County Historical Commission • e. Brazos County Precinct 3 Volunteer Fire Department, Inc. • f. Brazos County Precinct 4 Volunteer Fire Department, Inc. • g. Brazos Valley Council of Governments for Indigent Health Care • h. Brazos Valley Food Bank, Inc. • i. Bryan/College Station Chamber of Commerce, Inc. • j. District Two Volunteer Fire Department, Inc. • k. Easter Seals East Texas, Inc • I. Health For All, Inc. • m. Junction 505 • n. Keep Brazos Beautiful, Inc. • o. Mental Health Mental Retardation Authority of Brazos Valley • p. Research Valley Partnership, Inc. • q. Scotty's House Child Advocacy Center • r. South Brazos County Fire Department, Inc. • s. Texas A&M University System for the benefit of Easterwood Airport. Vol.-�--- On motion by Commissioner Catalena, seconded by Commissioner Cauley, the Court voted unanimously to table this item. Motion: Table, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Approval of Business Associate Agreement with Bethesda Healthcare, Inc. for the Healthy Directions Program On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to table this item. Motion: Table, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena; Cauley, Mallard, Peters, Wassermann. Renewal of contract # 17-011 R, Fuel with Brenco Marketing. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 9. Approval of contract # 17-097, Internet Services for Pct. 1. Contract 17-097 Internet Services for Precinct 1 was awarded to Suddenlink. A copy of the contract is attached. Motion: Approve, Moved by Commissioner -Loyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 10. Acceptance of the following roads into the Brazos County road maintenance system: 1. Indian Lakes Phase 7 (portion of Anasazi Bluff Drive, Toltec Trail) 2. Indian Lakes Phase 8 (portion of Indian Lakes Drive, Copper River Drive, Mojave Canyon Drive, Navajo Ridge Drive) 3. Indian Lakes Phase 10 (portion of Indian Lakes Drive, Seminole Point, Matoska Ridge Drive, Tallulah Trail) 4. Indian Lakes Phase 11 (portion of Anasazi Bluff, La Venta Way, Paleo Point, Sacred Arrow Drive) 5. Indian Lakes Phase 12 (Kiowa Cove, portion of Matoska Ridge Drive) 6. Indian Lakes Phase 13 (Anasazi Bluff Drive, end of Matoska Ridge Drive) The roadways and roadway drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Pq. Wassermann. 11. The Final Plat of Majestic Oaks Lot 1- Block 1, Being a Development Plat of 3.528 Acres in the Samuel Davidson League, A-13; Volume 13024, Page 287; (College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 12. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 -inch water line crossing under Deep Well Road 1,300 feet west of FM 974. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 6075 Deep Well Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 13. Acceptance of Special Warranty Deed from Regina Mae Pavlas and Darrell Pavlas for 0.418 acre of land to be used for improvements to Smetana Road located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 14. Tax Refund Applications for the following: • a. Donald Williams -overpayment -$23.13 • b. Mitchel Moran -overpayment -$9.13 • c. Dwight & Sandra Caldwell -overpayment -$19.59 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 15. Personnel Change of Status. a. Personnel Action Forms for Fiscal Year 2016 b. Personnel Action Forms for Fiscal Year 2017 A copy of the Personnel Change of Status requests for FY2016 and FY2017 are attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 16. Payment of Claims. Claims 7148084-7148305 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. ADDENDUM At this point the Court considered an addendum to the agenda which was to approve Proclamation 16-032 declaring the week of September 17, 2016 through September 23. 2016 as Constitution Week. The Court voted unanimously to approve Proclamation 16-032 and a copy is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 17. Convene into the following Executive Sessions: • a. Executive Session pursuant to Texas Government Code 551.087 to discuss or deliberate economic development negotiations. • b. Executive Session pursuant to Texas Government Code 551.0785 for deliberations involving medical or psychiatric records of a county employee. At this point, the County Judge announced the Court would consider items 19 through 21 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:13 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Texas Government Code 551.087 as stated above. The following individuals were asked to stay for Executive Session a: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Hunter Goodwin, Oldham Goodwin Group Judge Peters announced that the Court would not be meeting on Executive Session b. 18. Consider and take possible action on executive sessions. At 10:35 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. Vol. pa. ���_. 19. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 617 inmates in jail, 38 have electronic monitors and 6 are pending for monitors. 20. Announcement of interest items and possible future agenda topics. Commissioner Cauley announced the Buffalo Soldier dedication will take place on September 21, 2016 at 6:00 p.m. Commissioner Cauley also announced that Research Valley Partnership will be hosting Keeping PACE in Texas on September 23, 2016. She invited the Court to attend both functions. 21. Call for Citizen input and/or concerns There was no citizen's input. 22. Adjourn. Vol. — �— Pq. 5-1 The foregoing minutes of the Commissioners Court meeting held September 13, 2016 have been examined and are approved in open Court this day of 2016, in Bryan, Brazos County, Texas. /YayA� Gc�i�,t�•�-rK�-- Duane eters Lloyd kassermann County Judge Commissioner, Precinct 1 S y Catale a Kenny Mall d Commissiop r, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 Attest Karen McQueen County Clerk /! �/7 E01 BRAZOS COUNTY CONMSSIOIoEW S COURT 3'1 DAY OF S �0, oo M, -N, am e (PLEASE PR' T)vks �i i Ql-�qt- 20 / Orcanization (PLEASE PRNT) S6 6 �- Wry OIA" � k�l <-r-b ON--� 6 c /-S Vol./ 'q, /j BRAZOS COUP rTY COMMISSIONFEW S COURT I O DAY OF . , 20 / / CD , 00 M; Name (PLEASE PRINT) 0rcanization (PLEASE PRINT) ( ,/ Jvi ( ( o i f"la: ) Pg, a Proclamation Fall Prevention Week WHEREAS Adults 65 and older represent more than 11 percent of the Texas population. They have been part of our most significant milestones and have helped shape our state. They are treasured loved ones, and their wisdom and expertise continue to shape our future. Sadly, every year one out of three older adults suffers from a fall, which can both be costly and diminish their quality of life; and WHEREAS Encouragingly, measures can be taken to prevent falls. Practical lifestyle adjustments, like removing tripping hazards and regular physical activity, can reduce a person's chance of falling. Evidence -based programs and community partnerships can also create awareness of fall prevention resources and provide opportunities for Texans to learn valuable fall prevention methods; and WHEREAS The Texas Falls Prevention Coalition and many aging and disability service providers offer resources and programs where older adults, their family members and communities can learn about and engage in fall prevention activities; and WHEREAS House Bill 703 of the 8155 Legislative Session designates a week in September to raise awareness of programs and policies that help reduce the risk of falls; and NOW, THEREFORE, the Brazos County Commissioners Court invites all Brazos County residents to learn more about what they can do to prevent falls. It is through education, planning and care that we can minimize the risk of factors and improve the health of our older Texans. The Commissioners Court further proclaims September 18 — 24, 2016 to be FALL PREVENTION WEEK. PROCLAIMED this 13'h day 7,be 2016. Duane Peters County Judge �Q G�� Mt, CommLloyd Wassermarm Precinct 1 Commissio11 r envy Mal rd Precinct 3 Sammy Catalena Precinct 4 16-031 3 Resolution Recognizing Jodie G. Hoyak for 50 Years of Dedication to Serving the Families of the Brazos Valley at Memorial Funeral Chapel WHEREAS, the Memorial Funeral Chapel at 1515 S. College Ave. in Bryan, has been serving families in their time of need since 1959; and WHEREAS, Jodie joined the Memorial Funeral Chapel in February 1964; and WHEREAS, Jodie has demonstrated tireless devotion to the Memorial Funeral Chapel and the families they serve, Jodie has always put the interest of the families of the Memorial Funeral Chapel above self-interest; and WHEREAS, Jodie has provided many years of individual service to our community including board membership in the Better Business Bureau, an officer role in the Bryan Breakfast Lion's Club, as well as numerous other charitable activities and events, he has continually served and given back to our Brazos Valley community; and WHEREAS, Jodie has given 100 percent plus of himself in serving and caring for those families at such a time when they were facing very difficult circumstances in their lives; and WHEREAS, over 6,000 families have been helped and comforted through the lifelong dedication of Jodie. NOW THEREFORE, BE IT RESOVED that the Commissioner's Court, on behalf of all the families of the Brazos Valley whose lives Jodie has touched, wish to thank him for his dedication and service to the Memorial Funeral Chapel and our community. ado ted by vote of the , 2016. Duane Peters County Judge Commi sioner Lloyd Wassermann Precinct 1 Commissionefenny Mal d Prete ct 3 Texas on the J ` � day of Precinct 16-017 S4 Uh 832 Title: Brazos County Pay Group: Job Description yx >� Last Updated: September 2014 ae Non Exempt 6. Template Revision 1.2 0611512 01 2 Por. y Class Number: 832 Title: Temporary Attendant Building & Grounds (1040 hrs.) Pay Group: 09 Department: _._.. p -_---._- Exposition Complex FLSA Status: FLSA S Non Exempt Reports To. J e Event Supervisor, Event Coordinator & All Managers i Approved Date: 10/01/2015 , EEOC Category: Service / Maintenance Position End Temporary Date: 09/30/2016 Employee �— I Signature: G^"' General Summary Performs-and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos Cour Complex including setting -up, cleaning and tearing -down events. Operates Ilgnt to moeerate equipment sucn as tractors wrm implemems, mrreuus ano 5RIU sroer roauers, aero URI edIb uovvn n.,,eo �UUJPI I 1oIIL, ,Iorbe stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and laking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mapped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. Other Duties as assigned (1 Education Received: High school graduation or its equivalent; or any equi provides the required knowledge, skills and abilities. Preferred: Required: ',.. At least one year Gertlrrcates, LICenSeS, grim is preferred. EO I. �Vl f q _e� experience that Typical: Knowledge, Skills, & Abilities Work Environment 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 hand to finger, handle, or to feel; reach with hands and arms; bend and 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 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Safe operation of custodial and maintenance equipment, including the sate use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. 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 frequently loud. The employee Is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. VPR� D Duane Peters Date County Judge Vol. Pct, — -- -- �E Or Fig I � Brazos County Purchasing Department r ur 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361.4290 FAX (979) 361-4293 September 7, 2016 Branco Marketing Phone: 979.260.3835 ext. 13 P.O. Box 3819 Fax: 979-691-8588 Bryan, TX 77805.3819 Email: don@brencomarkedng,com Attn: Don Broach Re: Renewal of Contract for Fuel wkk Brazos County 17-01IR prevlously known as 2016 —12R and 2014 — 73; also known as TAMUB14 # 14-0031 andAggleBuy Contract # C5535698. Brazos County would like to exercise the renewal option for the Fuel Contract— Texas A&M Master Agreement # C5535698. All terms, conditions, and pricing shall rema n the same. This renewal is number two (2) of four (4) renewal options as provided for in the original Master Agreement 14.0031 and #C5535698 To accept the renewal option, please fill out the information and sign below, Return this letter by email to enorton,d,brazoscou nov. or fax to (979) 3614293 and submit an original and an updated Certificate of Insurance by mail to the address listed above. Upon receipt of signed document, a new Contract number will be issued to continue the agreement from October 1, 2016 through September 30, 2017. Please return acceptance as soon as possible. If you have any questions, I maybe reached at (979) 361-4291, Contact Name: BRENCO MARKETING Duane Peters, County Judge Date (3 1(0 Date LOI:14; llink Acwunt Reo dESSICAPINEOA System Address Suddenllnk BuslMss Office Phone Number I I9WI2666069- 1ffiOSSW loop 373 Fax Number TYleq iX )5)Dl" Oe ilme ACWatlon LSelop F"s Blows, Internet 20olz0 9 - 5120.95 12 Months r Informatlbn Authorlaed Customer RI reaensaid er too 7257S79-01 '- Furd Name. OUANEPETERS y Name BRA205 COUNTY IPI TO ph.. 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If you move the phone modem, the 911 service may not function propel y and emergency opentosswN not be abletodenoty the oiler's location. - By spring 1Ms Agreement; B) you represent that you are the CuatOmer Or Cwtemer's uulhoNed Agent: (III you agree that you have rectived a copy of and have been given in opportunity to review Ihis Coromandel Servlce Older and the COmmertlal 5ar-I Agreement, of which this Semh Order Is A pan; (Bi) you s,MB to the tenni andc.ndhia. OI she COmmr64l 5ervke Agrrcment; Ov aoknOw4dge that you have read and understood the Notice Regarding 911 Sinuses above; and (v) you radmow4dge that n5 BUSINESS SERVICE 0. EEMOyf CONT BIN RATO PROMSION WHICH MAY BE ENFORCED BY THE PARTIES, This Agreement shell not be deemed tKertNe ..III h has been eammd ybo nles�i4 propwed piths in Th menl are valid ler JO buuners days from the dale below Of the Suddenllnk pgnetory. Ilse prim are Arm for the term III agmeme when till dbeb bYthe Customer an 5u thin - - ��i3�1 euamm.rAm P� _ Ow/e� J Ola nt .crux Nam. fall. .oulum,.. hunk I,c*:umunnhem. ppie enprh.NefR.fnur prarJuy servk/u/h�e,.unser '3udd.nlinl9 V l lLgfi[o �(i:;rir,17k�GCr,XrvP pRnr Hame Title E01 � �{� � �-7• �. Toxo and fees Not Included Service DesplDtlon quantity unit PADA Term IMonlnd Monthly Aecurrinp hadeenmmelmmrwmerc man Immnun Nsnown) Oe ilme ACWatlon LSelop F"s Blows, Internet 20olz0 9 - 5120.95 12 Months $124.95 Business Internet Modem Rental 1' 55.00 -11 Month, $SAD slairlP i $10.00 11 Month ' -510.00 Totols I$sJR9S - $99.95 *download and uploadspeeds are madmumf eds; they may van and are nogguaranteed EROIPment Charges Desnitlin QwnN - Un4Prl4 Tmal Fee Special Conditions liar Peine re Amm.nu mAuwmeremreA ram,eem..eerene. ar eo raswptr,mmaum letnwm2 Promotion details NOTICE REGARDING 915 S6RMCES VI your Slsddehink Phone Service may be supported by a III backup, it u e(ectakelly powered. In the event of If power outage or SOddenlink netaveru hillure, 911 servica wall not be avellebin You ere prohihl4d Ito. moving she phone modem Uwe the i ddusl where it was Installed. If you move the phone modem, the 911 service may not function propel y and emergency opentosswN not be abletodenoty the oiler's location. - By spring 1Ms Agreement; B) you represent that you are the CuatOmer Or Cwtemer's uulhoNed Agent: (III you agree that you have rectived a copy of and have been given in opportunity to review Ihis Coromandel Servlce Older and the COmmertlal 5ar-I Agreement, of which this Semh Order Is A pan; (Bi) you s,MB to the tenni andc.ndhia. OI she COmmr64l 5ervke Agrrcment; Ov aoknOw4dge that you have read and understood the Notice Regarding 911 Sinuses above; and (v) you radmow4dge that n5 BUSINESS SERVICE 0. EEMOyf CONT BIN RATO PROMSION WHICH MAY BE ENFORCED BY THE PARTIES, This Agreement shell not be deemed tKertNe ..III h has been eammd ybo nles�i4 propwed piths in Th menl are valid ler JO buuners days from the dale below Of the Suddenllnk pgnetory. Ilse prim are Arm for the term III agmeme when till dbeb bYthe Customer an 5u thin - - ��i3�1 euamm.rAm P� _ Ow/e� J Ola nt .crux Nam. fall. .oulum,.. hunk I,c*:umunnhem. ppie enprh.NefR.fnur prarJuy servk/u/h�e,.unser '3udd.nlinl9 V l lLgfi[o �(i:;rir,17k�GCr,XrvP pRnr Hame Title E01 � �{� � �-7• �. Commercial Service Agreement TERMS OF SERVICE APPLICABLE TO ANY AND ALL SEAVICDSI: Coleman, Identified In the Se nice Coder limned In paragraph 1 below), understands and agrees that this Commercial Service Agreement, together with the Anne. and any applicable tanff, (ailleceince,the 'Agtamenl'l applets to each and every rommonxotion service provided t0 CuctamV by Smil ACoimeoricaba ns and Any affiliate of SuddediM Communications that to the Went such affiliate provides Satraa to you under Ih'u Agreeme its ('So drip l ('$ervlCels),7, which may incl. de, without lino lion, ob le televisldn sera;CeIVidem Se:vitr'), Nan speed data service (-High Speed Internet Service"), voice Service I'Phcne Service) and Isla and equipment ('Ed ulpmenfl. This Commercial Service Apeamerat, along wAh the Annex, tech as may be uWdoxd(10.time to tied I, be found me quo wpbFlte at ww.ed uddenllnk[oal. - L A &I This Agreement shall be eNe[tive upon execution by JIM penin, and Services that be provided for the Term (as dehned In Seaton 5 below]. Customer agrees to be bound to this Agreement by: III executing a copy of the Copere leP Service Order presented to Customer at The time of incl a Nation ("Service Order'). (Il) ordering a Se Ma, or (Oil uDrlg one or mare Sil at Customer's loallon. Suddenlink may, in its sole d7scri lon,Cheng.,modify, add or remove patient or Iris Agreement at any time by giving Customer notice In accordance wile coif Agreement. Customers Cominued use of the Servitte fallowing Iurs notice (hall be deemed al Customer's acceptance to any rednahin this Agreement. It Costumer does not acme 10 the revised Agreement, Customer most immediately 1.411, Suddenlink of (camels intent to terminate Service and rtwith all Equipment. 2. Sambri and Use. SuddanOnk shall use reasonable shore is cafe the Services availabse by any requested service date. SudtleullM shall not be liable for any damages wha rdever r.uhing from delays In met ting any servoce dates due m delays resulting frim t.WhoUipn off for reaom beyond its mnlml. The .are, acknowpedge no egos thel,- except for web hosting Happllaable, and a otherwise set forth In the Commercial SeMIy Order. Customer may only use the Services for he own commercial purposes and not that of any third party, end Customer shall n.I resell the Services. Costumer shall be lespous0le for any SpI,v .. and Intent displayed end distributed by Cunomer or Customer's web hearing customers. If any. Unless whereme expressly set Anh In the Commercial Service Order, Customer acknowledges That pay per view events and premium aided end ..do feel. may not be ..liable, and. If provided, may be sublet to admtionai &.,as, Innand the best rate. Suddenllnk shall Provide Customer wet the Sah llt and Equipment Identified on Customer's Commercial Service Order, provided, however, if Suddenllnk Ofternames that Cost.maf, location It not serviceable under, SuddenUMs normal Installation guidellnes, SuddenA'nk may terminate this Agreement. Unless, provided otherwise herald, Suddenlink shall use reasonable efforts to mr1maln the Services in accordance win applicable performance standards, however, 5uddenllnk shall neve no responsibility for the mamlenanee or repair of networks, facilities and equipment not furnished by Suddenllnk. 3. Dllottmicn SM. And hilae Will 'DistaWtlon System' shall mean (11 ell distribution plant and associated chMmn., egmyparcm and wiring treated or gravel by Sudcl qhs fredeekslon With're necessary, to distributed Services throughout the premises, but s,redfill ardul donde Whhg defined blow, and (2) all equipment Tumbrel by Suddenllnk at the premises. The kwaRadon of she Distribution System and inside Wool by Sleddenlink will meet AN ppilcabl. FCC fpectfcalms and x111 be mstaged in 0good, wonsawriike Frontier. Ownership of the OSVrtaril State. shell at ell rimes be and amain In 5uddenllnk and shah be usM eedw,i by Sudden Wk operation,. Upon expiration or It/minnbn of this Agecmenl, SocdmIlnk shag ronIt to own and Ccntml the entire Dimlhwim Systems. Upon Imminatipt Of Nis Aercemem arta K SuddenfM it no I.,or pommta, Services to the premises. SuddeNink has the option to remove all or any portion of the Olslnbusicm System, provided that any damage to me premises owed by removal of the Cislribubon System will be apelred by Suddmdek to Curtomds notar le sawftttion. Am pan of list Distribution System remain g.o the pannses shell become Ne sole property of Customer, -Inside Wiring shit .can that wising looted wHMn the property. Ownership of the Inside Wiring shall at ell times he and remain in Customer. Customer shall be responsible for the repair and meintno nce of the inside Wiring in A good, wwkmanBke manner In alvn Nerse whh all applicable codes, regulation, or laws. A. payment. Customer shall pay all monthly service charges, plus num-recurring, one lime Wt sp, Inn,Ila wn and/or Inetattion charges as Set Telex on the Commercial taroks Order, Unless stated whearvase on the Commercial Service Order, MonMy Recurring Garonfliaels Chargee I'MRG'T for Services aball begin upon, and Non,Recurring Charge/One-time AdIwIlon and Sii To. ('10R6 I It cry, shall be due up. n, the commencement of Services. Any amount not receival by the due date will be subject to additional fen as set forth below. If appncable to the Servile, Customer shall. pay rales, use, S pus recapto, trotter, access, universal service tuna assnsra lL 911 k., franchise fees, bypass or other local. state and Federal taxes, broadcast Surcharges or whet charges Imposed oa the use of the Services. Taxes will be sep... rely hated on the Cusmrrlei s Inspire, Unpaid balances shag be subject to Interest or late charges at the maximum rare allowed by law. issae to pay the base balance when due may be grounds for Suddenlink to Impose m admininart fee ('AdminfootNe feel In accordance with applicable law. Airy Administrative Fee imposed en Customer is Intended to be a reasonable advance allmate of ISN o1 managing past Due stet. tile. Suddenllnk Hes not extend credit t. Suddenlink) cu+tomrry and the Adminiserafve fee IS not Interest, a credit semi charge or A finance lane. Failure to Et.ly, a bill does not Wean Customer from CUSlmels Obligation to pay. Failure lex pay the total balanpe when due shall constitute a breach of this Agreement and may be grounds for Lermina[lon at Servke upon writlen ,wicir to Customer 0 Cunomer has West in coma sure ma-pa,man, default wllldn ten (mol it.,, of written notice from SuddeNlnk. removal of Equipment from Customer's premises and/or Imposition of an Administrative fee In accordance with applicable law. S. Addllionel Fate. In addition to MRCS, All We charges, Interest, and any Admininanr. Fee. additional fees ma, be imposed, including fees for returned died,, Charge Card enargebaek, @any termination, remnnenim and servi:e calls. Additional Charges, including attorney Fees, may also be Imposed It Collection arelVltieS are required to relver pall due balances. fi. Term. Early Terminetion. The term of the Servlet Orden shall Commence on the data than any Service commences and shall terminate users the dpluttm w earlier SmmtnaUon al the term set forth me the Service Order (the 'ferm)It A Serves Order do.I ,,,try a learn, the Term shall be one Ill year from the dale that any Service commences. upon the expiration of the Term, each Service Ore shag autOmaalc2by mew for SuCceasNe pedal a one{1) year each I'Renewal Termle)"h unlet/ prior make of nonrenewal U delivered by either patty to the Other 811119 Him, (301 days befall Ne expiration of Ins Service Term or the then current Renewal Term, Effect. AT any time slier the end Of be Term and from mole tq limp therein,.SuddaMnk may, modify the charges for NSI and/or Wd o $ervice I. expectations current prevailing pricing Subject to thirty (30) days Wide notice. Customer will have thirty (30) ship from Ieceipt of such nada to canoN the locatable Service wrthqut further liabniq. Should Cast..,, fall to cancel within this timeframe. Customer will be deemed to have accepted the modified SeMce pricing for the remainder of the Renewal Term. If Customs, cancelli terminators it ddwyll the Service before the wmpletion of the Term, or vice to the term of any promotional offer, Customer agrees to pay SudWArM all Sums, wftich shall become doe And main, At of the effective date of the cancellmlon or termmatlon, including: (I) up non -retuning charges reasonably expended by Suddamme, to establish Senate to Cunomer and dol remunerates, Ili) any disconnection, early cancellation or termination charges reasonably Incurred and paid by Suddenlink ro third Parties oa behalf OI Customer. and (Is) All reaming charges for the remaining balance of the Term or term of Me Womotin rad offer. T. OHouted [hx.Xes.. Customer Al rortie, Socia llnR In wrltingof Agog errors dictates or requeib to, credit will mwy 00) days after Customer reaches the big fee which coma of an error or except is sought. The dale of the dispute shall be the date 5uddenllnk receives suffidant dacumemallon to enable Suddenllnk to investigate the dispute. The date of the resolution k the date Sur denlmk [ampler. it, Iny.11Ealldn Ad notifies the Customer of the Macmillan of Ne depute. & Dehuh. If Customer fairly so Comply with any al provision of his Agreement, Including but not limited I sortie to make Payment+I specified, than Suddenlink, et is, sole option, may elect to -peeve one or more of the following courses of mention upas proper notice to Customer as requited by applicable law: III terminale James Advertisers all sums then due and payable shall Become immediately due and payees, (R) sulpmd ell ar any pan of Services, and/or (Iii) pursue say other remedies, Indading r@aombl@ attorneys' fees, as may be provided at law or In equity, Indu clog the appHatre, tarmina0on IHbllitiim 9, UMOAYON OF I.IAIMU . F(CEPT FOR ANY REFUNDS OR CREDITS AS EAPMSSLy PROVIDED IN THIS AGREEMEM, SUDDENLINK, ITS OFFICERS, SHAMHOLCERS, DIRECTORS, EMPLOYEES, AMILIATES, VENDORS, CARRIER FARTHFRS, CONTENT PROW DERS AND OTHER PERSONS OR ENTITiEi INVOLVED IN PROVIDING THE SERVICES OR EQUIPMENT 'IMLLEUIVELY, THE 'SUDDENLINK PARTIES") SHALL NOT BE Ill FOR AM SPECIAL, INOIREfS, INCIDENTAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES DR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PAOSTS, EARNINGS, BUSINESS OPPORTUNRIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH). PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, AND/OR.USE Of THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAIMENAII FAILURE, REMOVAL OR USE OF SERVICES ANI EQUIPMEM OR CUSTOMERS REUANCE ON THE SERVICES ANI)i EQUIPMENT„INCLUDING WITHOUT LIMITATION AM IIABILITY THAT ARISES 01 RECTLY OR INCH RECT LY OUT OF THE USE OR INABILITY TO USE THE SERWCES(INCLUOING THE INABILITY TO ACCESS EMERGENCY 911 OR E921 SERVICES), MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE. ERRORS, DEFEM, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPDRATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION,BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES'ANO/OR EQUIPMENT, OR RESULTING' DIRECTLY OR INDIACCTLV OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, 0AIM, SUITOR OTHER PROCEEDING RELATING TO SERVICES ANDI EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT. PATENT, MISF/AANK , TRADE SECRET, CONFIDENNALITY, . PRIVACY, OR OTHER INTELLECTUAL PAMtXTY' RIGHTS ON COMA AL RIGHTS OF ANY TRIAD PARTY. Suddenlhlk's MAXIMUM UABIUW TO CUSTOMER ARISING UNDER THIS AGREEMEM SHALL BE THE LE55ER OF SS,000.CO OR THE AMOUNT ACTUALLY PAID BY CWTOMER FOR SERVICES HEREUNDER FOR THE RESPECTIVE REGULAR BILLING PERIOD. 10, WARRAMIER CUSTOMER AGREES THAT THE SERVICES AND EQUIPMENT ARE PROVIDED BY SUDDENLINK ON AN 'AS IS ANO 'AS AVAIWt BASIS WNNOUT WARRANTIES OF ANY KIND, EXCEPT AS PROVIDED HEREIN, THERE ARE NO AGREEMENES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN PACT OR BY OPERATION OF LAW, STAMORT OR OTHERWISE, INCLUDING WMBANTIES OF TITLE, NON:INFRINGEMEHT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, KEtA➢NG TO THE SERVICES, SERVICES PROVIDED ARE A BEST. EFFORTS SERVICE AND SUDDENLINK ODES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ER ROR FREE OR WITHOUT INTERRUPTION. SUDDENUNK MAKES NO WARM” AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. ALL USE OF THE SERVICES ARE PROVIDED AT CUSTOMER'S SOLE RISK AND CUSTOMER ASSUMES TOTAL R ESVONSIBIUTY FOR CUSTOMER'S OR AM USER'S WE Of THE SERWCES. THE SUDDENUNK PARTIES MAKE NO WARRANTIES THAT THk SERVICE, EQUIPMENT OR SOFTWARE ME COMPATIBLE WITH AM CUSTOMER EQUIPMENT AND ARE NOT RFSPOnSIBIF OR LIABLE FOR AM LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT THE 51UDIDENLIM PARTES MAKE NO WARRANTY AS TO THE SECURITY OF CUSTOMERS COMMUNICATIONS VIA SUDOENLIII FACILITIES OR SERVICES, OR THAT Pg 21- THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO 08 MONITOR CUSTOMER'S COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE CUSTOMER'S COMMUNICATIONS AND THAT THE SUDDENLINK PARTIES WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH. UNAUTHORIZED ACCESS. ll. Inebohnot, Customer shall indemnify and hold SuddenllM and It, respective affiliates, preferred... employees so agent harm leu (Including payment of reasonable arta map fees) from and against any claim, anions or demands calming to or aNpng Out of or reined in any way to Costomels use of the Sema, any When person" use of the. CWlbmell stooge[ the placement lar presentt or removal of 5uddenank's Equipment, farllRies end associated wrong on Corpsman, premises Including'valt o n limitation 111 any content or wtwue displayed, distributed to Omenw m dUXmlmted bythe Customer, its emplaKee, ar users of the Services, (ii) any claim that Cuslomels use of the Senlce Including the registration and maintenance of Congeal selected domain name(Q, infringes an the patent, cop roght, trademark ar Who, intellectual prepare fight al any Mod parry; (Gil any mafitlous.0 or an In violation of any taws committed by Customer, las employees or users aslag the Senku; ahoy-' Rho violation by Cystoma, as employees or ofoillioad geed Of Suddenllnk's Acceptable Use Policy( -AU P'). 12. ¢_Ib_ ibron)uA The Agreement consiburer the entre agreement between Suddengnk and Customer for the Services and equipment provided herein. The Invalidity o imenfameabloly of any term of condition of Ibis Agreement shall not affect Me validity or. eaforceablfby-orf any other provision. This Agreement maybe modibed,: waived or amended only by a written Instrument signed by the parties; prOvrded however, that Suddenlink may modify this Agreement end the AMP and it Customer continon to ase the Service, Crammer shall be bound by rush modifications. The rights and obligations Of the panies under this Agreement shall be governed by the tam of the State of Texas. The failure by either perry to exerdse one or more lights provided in this Agreement shall not be deemed a salver of the right to exercidsuch rightist the future. Noticesmquired by this Alf aemeof shall be in svriMR and Men be dalbeod ell her by personal delivery nr by mail. if delivered by mall, nollcm Mall be sent by any overnight mag service wills proof of receipt; or by Carl Of reglsteted mall, refund receipt requested; with all postage and charges prepaid. All notices and other written cpmmunimlla s under this Agreement shill be addressed to the parties at the addresses on the RrA page of thb Apeemam, ar as specified by subsequent writers a W lce dellvered by the party whose address has changed. Suddenlink may alp deliver any requires or desired notice hereunder to Customer by cabli ling the telephone number an Conome/S SIC"Al. All represemallam, warranties, Indemnlficatlam, dispute resolution provisions and limitations of Lability contained M We Agreement shall survive the termmaton of this Agreement, as well u+Molher oto,atiom of the panes hereunder which, by their terms, would be expected to suavirc such lermlmtien of which relate to the period poor to termination becluding legat rearde om. pnymenl, and Suddenlink nghM and the rights of othtn7 _ 11, Reegulapsry AuthOoty-rage Mnleore. This Agreement and the fib ucatfom of the parties shall be subject m matBDanion to comply with an spombe, lay regulates, tout runngs, and admielfbative orders, as amended. In an event shall idl party hove any claim against the other for alone of performance if such (allure h caused by on, of God. natural disasters Including Req Road, or winds, civil W milliary anon. Indadere rob, nail insurmi lam or ens 0 garrabb or the taking of property by condemnation or any other cause beyond Suddenlli reasonable general. Suddenbnk may, in as Pale dbintion, immedaldy terminate this Agreement, in whale or In pan, In the trent them N a material change in any law, rule, regulation, Force Majeure event, or judgment of any nowt or government age ace, and that change aliens Suddenfink's ability 10 perform hs ohligalioet underghNAgreemerd. Pa. ARBITRATION. INTENTIONALLY DELETED. 15. Aftenmem. Customer may not $,sign, In whole Or In pan, this Agreement without Me prior vemen consent of Suddli which ci may be withheld In Sadi tnllnk's discretion. Suddenlink may easign; In whole or In Plot, thin Agreement, and Service may be plodGd by one ar more legally wchnrlsed Suddenlink aMimres. Io BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: September 13, 2016 ITEM: Consider and take action on acceptance of the following roads into the Brazos County road maintenance system: 1. Indian Lakes Phase 7 (portion of Anasazi Bluff Drive and Toltec Trail) 2. Indian Lakes Phase 8 (portion of Indian Lakes Drive, Copper River Drive, Mojave Canyon Drive and Navajo Ridge Drive) 3. Indian Lakes Phase 10 (portion of Indian Lakes Drive, Seminole Point, Matoska Ridge Drive and Tallulah Trail) 4. Indian Lakes Phase 11 (portion of Anasazi Bluff, La Venta Way, Paleo Point, Sacred Arrow Drive) 5. Indian Lakes Phase 12 (Kiowa Cove, portion of Matoska Ridge Drive) 6. Indian Lakes Phase 13 (Anasazi Bluff Drive, end of Matoska Ridge Drive) The roadways and roadway drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 1. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: Brazos County will assume no maintenance responsibility for drainage ways or easements other than those that directly drain the roadway. Private drainage ways and easements shall be maintained by the individual property owners or the Home Owners Association (HOA). Brazos County shall maintain the roadway, shoulders as needed and drainage facilities which directly drain the roadway. The property owners/HOA shall be responsible for mowing and landscape maintenance of all rights of ways and easements. SUBMITTED BY: R. Alan Munger, County Engineer CC2016 ACKNOWLEDGED BY: Commis Toner Lloyd Wassermann Precinct 1 This Request is p roved (or) Denied _by Commissioners' Court Date: 13 E. Duane Peters, County Judge BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: September 13, 2016 ITEM: Consider and take action on the Final Plat of Majestic Oaks Lot 1- Block 1, Being a Development Plat of 3.528 Acres in the Samuel Davidson League, A-13; Volume 13024, Page 287; (College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: • Owner/Developer — Creative Design & Renovations, LLC • Engineer/Surveyor—ATM Surveying SUBMITTED BY: 20 (z w R. Alan Munger, P. . County Engineer CC2016 This Reques is , pproved (or) Denied Date: 94-1,31h, E. Duane Peters, County Judge ACKNOWLEDGED BY: }�Ajd Cornmissfoner Lloyd Wassermann Precinct 1 by Commissioners' Court Vol. ,? / P"_._o2 _� Application for Dcvejoprtteut !I_6erEd u5 o„ly j Brazos County Subdivision and Development Regulations .f Brazos County Engineering Departmanl ?617 Rwy 21 West, Bryan, Texas 77803 Ali (979) 822-2127 btaslcr Flan _ Final 111,11 It / Re -Mal Amending Plat Property Description Road Location:T%0,[_ Stl't,t�� Legal Description: Subdivision Descriptiun ----- Subdivision Name _(a ,,'. ii Total number of lots: �_ Total Acreage: _.:,-7— Property Owner ---_ - ---- — Owner name(s): _ (fer,1,.'r-( (c"' Current mailing address:..,, �t )'orf+ -Ata Jr,..j)I ,Jt„�•,r� =i'� �- .... _. _. Phonenumber(s): — --- Applicant or Authorized Agent, Engineer or Surveyor Name and Address:_ _44!'„ IV, Us/e -/7i r.Orv'r'e r/ .ZG_ Phone number(s): q?C- i2y ' -- _.. .( `1--J - Namc and Address _ _ --- Phone tmmber(s): ---- -- ”" Application is for --- -- R -Side 1, 1 (f) Mobile [ionic Park O Commercial ( j Other ( ) Is any of doe property located in a Floodplain or Flood Hazard area? JI v (ycsln�) Acknowledgment: The flood hanud boundaryamps mid other nood data used by tlraeos Counly in evaluauog rood hazanls to proposed dcvdopmnus ate uursidered reasonable and asuram Inn regulatory punmsu and are based up die best available ;ciai(i tic and cuginwri lg Jain- as we occasions grralen noods can cad will occur cod decal bcights [nay be var"cd by man-made or natural causes. Issuance ora Floodplain Permit ui accordance wilt 11¢ Flruus Courcy Fraud Damage Prcvaumn Ordinatladoes not imply [fat Ccvelupmenl outside [be areas o(spcetal flood hazed will k fret tram flooding cr flood damage. Issuance o(a perniit shall not "cue liahilily on the pan of Bravais Counly or any officer or anployce of lirmw, County in nig even: Ilopding or flood danmge dors occur. is part or .dl of the property within an E'1'J or, City? v?s (k jinn) Will any construction occur in l'xDOT right-of-ways? ij t! (yes/n-o) Application Check List: Copies of finishad plat with corrections (il'ally): 9 9 copies to Brazos County d. One ( I ) copy to Brazos County Stealth Dept, Q One (i) copy to Brazos County 91 1 p One (1) copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): O Letter from Brazos County Health Dept. - For o;uite sewage evaluation. ❑ Letter from Brazos County 911 - For road names. ❑ Letter from Water Dion ict ur Comparry. -Stating water availability, etc.. If property is within an ETT ora city: ❑ Approval notification from appropriate city. Applicant attest that they have signed this application in the capacity designated, if any, and faultier attests that they have read document and the statement contained herein and any attached are true and factual. All applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this application is not finished or dated witil 3�,1 documents listed above are filed at Cha Brazos County Engineering OXce and all applicable blanks are filled in the application above. Applimit's Signature County Witness Date —� Date Engineer/Surveyor Check List for Plat Pre -Approval I) Property located within a City Dula Tdrritorial Jurisdiction (ET!), contact with that City is required before plot unprovai. >_) Drawn nn 24" x 36" sheet to scale of 100' per inch or larger. I f more than one shed;, an indYx sheet showing entire subdivision at a scale of 500 feet per inch or larger. S. 3) Include rhe words; "MASTER DEVBL.OPME N'f PLAN - NOT FOR RECORD" or "FINAL PLAT' or" RE PLAT" or "AfMEINDIN(i PI..AT" in letters %" high. 9- 4) Vicinity map which includes enough of surrounding area to show general location of subject property in relation to ri roads and any city limits and eounly boundaries. No scald, required but include north avow. .D . S) "hide Block with the Collowing information: 1l Name and address of subdivider, recorded owner, planner, engineer and surveyor. Cl Proposed name of Subdivision. (Subdivision name & street names will be approved through the Brazos County 911.) (keplats need to retain original subdivision nantaJ Date of preparation. (Include ;he date of any revisions on the plal.) a Engineer's scale in feet. 0 Total area intended to be developed. Re -plat of Amending Plat, existing lot and block desorption or Abstract name and number. �I 6) North Anow - p1. 7) Location of any uumrunt city or county loud lines, if applicable. C�. S) Subdivision boundary Velici led by heavy lines. BOUn Lary muss include all of parent tract. J 9) Ocseriptions by metes and bimuds of rhe subdivision which shall close within accoptcd land surveying standards. (Shown on (rawing; nor separate description) L I0) Primary coutrol points or descriptions and ties to such control points, to which, later, all dimensions, angles, hearings, block numbers, and similar data shall be rcfcgad. 1 he plat shalt be located with respect to a corner of the survey or it act, or all original corner of the origi u l survey ol'which it is a part. d�. 1 1) Name of contiguous subdivisiofs and names of owner of contiguous parcels of unsubdivided land, and an indication whether or not contiguous properties are platted. ,1- 12) Location of the 100 Year Floodplain and Floodway, if applicable, according to the most recent available data. :.31 13) Note the ITMA FIRM Map panel nwnber and revision (late on plat. ,)/i ci-4) Tipographic iufomtaiinn Volnding cantouts at two foot (2 ft.) intervals, tlowline elevation and Flow direction. h (� F 15) Propostrl drainage concept shown on plan, snowing flow paths to primary system. 16) Locate and Describe, with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance and length of all curves: show existing items- that are intersecting or contiguous with rite boundary of or touring a boundary with file subdivision, as well as, those wirhin the subdivision: for the fallu,ving: Existing Proposed !`J ❑ Streets: continuous or and in a cul-de-sac, stubbed out streets must end into a temp. turn around unless they are shorter that 100 feet. ❑ Public and private It.O. W, locations, widlh(s) and names. (All existing and proposed P.O.W.'s sufficient to meet County and City Regulations, if applicable.) _ ❑ Street offsets and/or intersection angles meet ordinance. ❑ Alleys f) 0 Reserve tracts. ii ❑ Well site locations. U L' Pipelines: label company with volume and page. U 0 Utility Services. (water, wastewater, electrical, natural gas, cable, phone, etc.) ii FMOOMIlls. I[ 1 -1 Drainage Structures anti improvements per engineering analysis. 'iJ 0 A number or letmr to Identify each lot or site and each block. F1 U Public areas. CI �I Other Public intprovemcros, includiug but Out limited to parks, schools and Other public facilities. I.J,el:d` 17) AII off-site caSefnonts for inlraslncturc construction roust be shown on the final plus will; a volunw and page listed to indicate where the separate instrument easements were filed. Separate (n.sn'umcrlt easements nwet be filed prior or concuaently with final plat. 1 ilc� f=1' 18) Proposed phasing. I'hc i'yWIIn Plan and each phase pool be able to stand alone to nice; ordinance roqu ircmcuts. hlfra trlletlne COS IS should he separate for each phase of the subdivision. ILJ' 19) Bring this check list with ono copy of plat for pre -approval to meeting; date and lime set by County Engineer or I'lanner. .Mooing 10006011 set at County Engineering office. Brazos County Engineering Road & Bridge Department 2617Hwy21 West Bryan. Texas 77807 (979)822-2127 Pg,-PZ/7_ .:- .. -_ 9rcWia[�r`pi,ltr.recr;t-Eercl. — ��. _. �:-. _.._ htt^r,:Omal Smyk.mm/m�t/t!0/.irtev/,. . . .. Open mon App lic;ation for!)e�eltt�atuiaf;t I3ratifg l i,ilr;y S;ailliti i;,.iii ,t;od ii;a'c':r"1'i`p ��c'-q•:irt. 1950 82.2027 i'r�lf«•rly llc5c rinnnl; � sd Location ! r'l i.)CSrilptf Jn'.., 1114 5"hdiy'kwn Uescripitim SltiNa� i$trin Pi;tfn9: ` - Tpial ntialt'.'Jr of Lit'.. (ntpc,ly 4tcncr .. _. . Irl'+ner naln;:(37. r; kluCm IlwiliC aCli)rCSi �,• i- i';.otc.- Applicant xir Authoriztvi Agcnl, I•:naiuecr ur.lurs etirr We and dim%%. /'I I ?lame anL1 Addrevs- - - �— f'ho:r- nuutM:r(sl- gaiplicafiau is for Kcssc W"I yO M1LS,Sah�liiuirr i`a1i I 1 t'.tmo!c:rlal 7 t is mr�y JI t7a p: op:env !orated m a !.. Npisr: w Diced Wall ave.., dix:,t±:.;:d,fant: iha fins} hats:d Lwrn:aLira uup: uu; ,cpc; t1.:.r, aeu 4.tr.L 1.) ii; i arap'.xa a<, el;;{u:r:rn: a.e uatuuuc.'. ¢a-..nuola a::l i Z;"4% ru :c6t.;X44, PuR M ++:d <.ajrnec: i^,e da:n. 1 kt i]R :RC.yq,G\: �a LI:L: tf.av4 eYr 4:3 ktli 6Ka qr pad :e>,1 ftl cave, 15:4bir: (Stn t 1pxllttte PYfq�d in a�a. Jtdu�ca µid; n:G 41tue� t..prty rhiAl I ;tot 11C.Clo'J1'd[Il 6411"k ale ::exV 1;t lw';l Ihk:d r.iwd wall tr. i:et bow Pcwtnq : .zat< oyrJ rtv an tl:r. pxt of lira:,r t>�c=n. it, rnr a!1:.0 :u a:gaud: ar rhx::: i •.>: i:pa;tt;r ili o(gvp:;iltur ty wAfun au l,llnlailt; .' �. 1± iy._� li'ili .ur; e��tletnictinq nr.:ur it !�e!ICii Iigla-„I-tr.n4' >� Apphr:t wo ('heck Lint: Culfl�r of linish•_J pial •s t:h run n-u:nn tr, :rt:� i El W Hum” uWa:l •i G7 Cra (t) w pl' to ltrtsn t on ily lil:wlli4 urly cop", ni tif.i; f , i'cuut_v 9± y L7 Ur,:fi)cUpy 1, kip.tl 5l'atr7 Unca icl ui t'ompAny Latarz of approval (lo hr twit by tl:c appfovml o 11011 ,lion cli:eoly to 7] Loner franc tirauar. iauatly licdlth Dcpt Vw ius; J LM,cr t"runt Hi:i:aux t.'uunE;. 41 ! F+ir nza,i tw;mt: M III' In.::f is?,te'haling tt If pzs;perty la With in a;t hI I td, city 0 Approval odaifvatOul Nan AlyuolMA110 , t,' BRAZOS COUNTY IT COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 13, 2016 SUBJECI': Utility Permit — Wickson Creek Special Utility District Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 -inch water line crossing under Deep Well Road 1,300 feet west of FM 974. Crossing will be encased and be a minimum of 36 inches under the bottom of the ditch. Line will provide service to customer at 6075 Deep Well Road. Site is located in Precinct 2. SUBMITTED BY: QL'V� Darrell W. Kolwes Right of Way.tlgent This request is I ACKNOWLEDGED BY: y C alena Comm' sioner. Precinct 2 by Cpmmissioners' Court Duane Peters, County Judge DATE: >/3 vol. _�S_Y / r'q. _? _/ APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WICKSON CREEK SPECIAL UTILITY DISTRICT _ [company name], hereinafter referred to as "Company" a TEXAS UTILITY [state] Corporation, with authority to transact business in Texas, acting by and through its duty authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facilitv to Cross Road Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossing CIIECK ONE Bored Jacked Driven Cased DEEP WELL ROAD 60' X X Facilitv to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE V, Diameter Wall Thickness I lV2" Encasement Pipe Material Specification PVC Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 1 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60'" day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said ]colder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any mariner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or floes not install rtilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibilityfor damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates it violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is cont -my to the policies. This permit is a revocable peinit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair may damages upon demand, o• for any other reason deemed sufficient by Brazos County. In the event CompanyJails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer fu rther retains the right to revoke this Pernit by verbal notification to theApplicanoConpany. Failure to obtain this permit and/or notify the County Engineer's Office within 24 horns of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Wickson Creek Special Utility District Company Name i� Signature Generl Manager Title 8770 HWY 21 E Address Bryan; TX 77808 City (979) 589-3030 State Zip Phone Number watson@wicksoncreek.com Email: WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated �— d q— /tv except as noted below: EXCEPTIONS: 0/ (Month/Day/Year) 41- Brazos County Engineer F - x x c, W _] a_ u t� 0 F W V LL -_ LL r, i P, 13 HT -+j F41.l°,,5' r; —I -j IL LL j W 'S J LTJ J LU W CL _ LL F— W J=' ii(LIJ l "I _ CC W / f W LL w w it 0 J f — LL _ -I J LL `j -] IW— Z W f^,1 tLJ -� '• ^ W r. I � 0 w _F:y W �' • J LL' iJ.. W ~�y W u -X iC cj U cj 1 W LL ;l tl W 0 0 c] 0 if F- J M i 1 Il -]_ r" W % W X5.4 N.V. •. e W1• Li vv "Y' r 4 i ° 4 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol. , i—�-- ,., S� b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0 to 2 feet, nominally P Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable -6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. S. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; h / c. TXDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may requite shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TWTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Eniereency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning constructions repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. R Repairs to existine facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines L All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth TYpe of Pipeline (below deepest ditch erade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. �, rV01, Pg. ✓ �J — g� � •E€qq E �— §fig g Las &�k^2 opo C m— H ¢ V— c� 5�', �X 6g6� o'r�oe �s� S5gcb tiA €8� LL �6 6- 63gEta" c�pp8'gg �_g-ggb-y o -pp og'� vEk-eBS ESC-3-F.��S �" �'LSgos °dr G'Egb wi::°�a dy�� in bgge $ cF� - - - - - - gi tlY8L8bEs�yp$��g�g {Q'e g�� - - - - _ _ _ _ - :i +wi•ws Lg Eagx�tm mA��g�x se°i 1°vm os .°I• g'8og= '8R as NIDIo , $�e��� g g5 b Aa x — g� � •E€qq E �— §fig g Las �s opo C nbv a H ¢ V— c� 5�', �X 6g6� o'r�oe �s� S5gcb tiA €8� LL �6 6- 63gEta" c�pp8'gg �_g-ggb-y o -pp og'� vEk-eBS ESC-3-F.��S �" �'LSgos °dr G'Egb wi::°�a dy�� in bgge $ cF� - - - - - - gi tlY8L8bEs�yp$��g�g {Q'e g�� - - - - _ _ _ _ - :i +wi•ws N 8 z ¢ o ' �s opo d nbv a H ¢ V— c� Oee 09 ¢ tiA C O i wi::°�a i bsVeo � of .°ai .oc jo icn •. i� �'d =. o@ 0w1�09 p T — e e •vINVz +•e�.Mei y •w i°•�s 'an . P4?u OC'o -8°Y8 C 3: g = 1� oabs - sa eF e� uv os i x��b B»9g ogg `•9 pKg I.. .:n»•i:w.e wv>.•i�n .;:1 p231 gvl",�k::°w� R° ww :i•°�°°s• :!� w. .amnaz�a Vol, ���� _- �U J c% J Oi OY�$ MtlOM I Ys 001 M ¢ � nbv a Oee 09 ¢ wi�ws i wi::°�a a- _ - - - - - - - - - - - - _ _ _ _ - :i +wi•ws se°i 1°vm os .°I• g'8og= ¢c< e9 ag g5 b I.. .:n»•i:w.e wv>.•i�n .;:1 p231 gvl",�k::°w� R° ww :i•°�°°s• :!� w. .amnaz�a Vol, ���� _- �U J c% J DEPARTMENT: MEETING DATE: SUBJECT: 3 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge September 13, 2016 Right -of -Way Acquisition Acceptance of Special Warranty Deed from Regina Mae Pavlas and Darrell Pavlas for 0.418 acre of land to be used for improvements to Smetana Road located in Precinct 4. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement • Copy of Fence Building Option • Letter Agreement SUBMITTED BY: 9-� (i -� Darrell W. Kolwes Right of Way Agent This request is Z APPI ACKNOWLEDGED BY: C; -'a- - �' 1 Irma Cauley Commissioner Precinct / ❑ DENIED by Commissioners' Court Duane Peters, County f DATE: �I 1-6)� NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Smetana Road Special Warranty Deed THE STATE OF TEXAS § KNOW ALL MEN § BY THESE PRESENTS: COUNTY OF BRAZOS § GRANTOR(S): REGINA MAE PAVLAS and DARRELL PAVLAS Grantor's Mailing Address: P. O. Box 2606 Bryan, Texas 77805-2606 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.418 of one acre of land situated in the JOHN WILLIAMS SURVEY, Abstract No. 237, Brazos County, Texas and being a part of that certain called 35.55 acre tract as described in deed from Regina Mae Pavlas to Darrell Pavlas recorded in Volume 12711, Page 100 and being part of the called 0.2289 acre tract as described in an Affidavit to the Public recorded in Volume 7965, Page 182 of the Official Records of Brazos County, Texas, said 0.418 of one acre tract being more particularly described by metes and bounds description as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from, This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still he in force and effect, shown of record in the office of the County Clerk of Brazos County; Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, togetherwith all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this A.v day of � , 2016. i Regina Mae Pavlas arrell Pavlas Vol. �_ �'g. �� Acknowledgment STATE OF TES § COUNTY OF t)MZ.C)S' § This instrument was acknowledged before me on �� j�' Lrn bzy 31 ID by Regina Mae Pavlas and Darrel] Pavlas '�a KISTA A SEIGLER lj ®nq Nctary Public, State of Tezas 1 y hiy Commission Expires "Ea'� OCTOBER 28, 2017 -kj,-b, C�. (" 'p, vj Notary Public, State o exas Vol. _ l __ pg. �� EXHIBIT "A" PAGE 1 OF 3 BRAZOS COUNTY RIGHT-OF-WAY WIDENING ALONG SMETANA ROAD BEING 0.418 OF ONE ACRE OUT OF THE DARRELL & REGINA PAVLAS CALLED 35.55 ACRE TRACT VOLUME 12711, PAGE 100 CALLED 0.2289 OF ONE ACRE TRACT OUT OF THE REMAINDER OF CALLED 63 ACRES VOLUME 114, PAGE 328 REFERENCED IN (VOLUME 7965, PAGE 182) JOHN WILLIAMS SURVEY, A-237 January 27, 2016 All that certain lot tract or parcel of land being 0.418 of one acre situated in the JOHN WILLIAMS SURVEY, Abstract No. 237, Brazos County, Texas, and being a part of that certain Called 35.55 acre tract described in deed from Regina Mae Pavlas to Darrell Pavlas of record in Volume 12711, Page 100, and being a part of the Called 0.2289 Acre Tract as described in an Affidavit to the Public of record in Volume 7965, Page 182, both being Official Records of Brazos County, Texas, said 0.418 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Fence Post found in the occupied southwest line of Smetana Road for the most easterly corner, said paint also being the most easterly corner of said Called 35.55 acre tract and the most northerly corner of a Called 25,85 acre tract as described in Volume 12002, Page 117 Referenced in (Volume 126, Page 239) THENCE S 42°01'43" W along the most southeasterly line of said Called 35.55 acre tract and the most northwesterly line of said Called 25.85 acre tract a distance of 18.76 feet to a 1/2" Iron Rod With Cap set for the most southwesterly corner, a 1/2 inch Iron Rod found for an angle point in the southwest line of said Called 35.55 acre tract and the most northwesterly corner of said Called 25.85 acre tract bears S 42401'43 W a distance of 707.86 feet; THENCE N 46025'45" W through the interior of said Called 33.55 acre tract and said called 0.2289 acre tract respectively a distance of 1192.91 feet to a 1/2" Iron Rod With Cap set in the northeast line of said Called 0.2289 acre tract for the most northerly corner, said corner being located in the south line of the Missouri Pacific Railroad (100 foot Right -of -Way) as described in Volume 24, Page 270-271, for the most northwesterly corner, a 5/8 inch Iron Rod with Cap found for the southwesterly corner of said Called 0.2289 acre tract bears N 8804317" W a distance of 182.38 feet; THENCE S 88051'41" E along the most northerly line of said Called 0.2289 acre tract and the south line of the said Missouri Pacific Railroad a distance of 18.25 feet to a nail in fence post found in the occupied southwest Right of Way line of said Smetana Road for the most northeasterly corner; Vol. Pg..�� E PAGE 2 OF 3 THENCE S 46025'15" E along the northeast line of said Called 0.2289 acre tract and the occupied southwest line of said Smetana Road a distance of 61.64 feet to a Nail in Fence Post Found for the most southeasterly corner of said Called .2289 acre tract and the most northeasterly corner of said Casted 33.55 acre tract for an angle point; THENCE S 45°45'36" E along the northeast line of said Called 33.55 acre tract and the occupied southwest line of said Smetana Road a distance of 1117.32 feet to the PLACE OF BEGINNING CONTAINING AN AREA OF 0.418 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of January, 2016 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500, North Orientation is based on rotating the northeast line to grid north, NAD83(2011)epoch 2010.00 Texas State Plane, Central Zone as derived by GPS observations, For other information see accompanying plat. i ME Sr m `oa ba w� <W Z¢U m QNN QO �LJOQ a � ^ Z�OCW a�p ewe�0>f<I Jh-W dmo� P =¢O2<w4 }Q{�LL4iUQ6 p�„'Aa UQWOOWN��u.OVm O���r°N�ml MOW N t” C`9 m QRZ w OulWc Q O U 0 O W° .7J ry Y z z Z c[�w>0 c NOm mF- U ce z0z a WW U¢m W 6 Oe F, r 7W OZ> O a Q d J W JKO WVO cad o�N Om ? i n U - _ lo W - J rat- 3 3 r a • A Q ©- - ® b J J a U WLL ZO V QQQ 9 >°pwmm a0za`� a4�a�a iOwma'ii Wmcm w c ¢nt o� O 0 II - IImoo. 2LLLL ao �3� i OyO�2 a u O d3yrd cLL c N c Q ao+ 'o m� o D- �U `ZOn SSS _ =00 m° �Ot _ Oc�ti F -off i.7 .�o� Sr m `oa ba w� <W Z¢U m QNN QO �LJOQ a � ^ Z�OCW a�p ewe�0>f<I Jh-W dmo� P =¢O2<w4 }Q{�LL4iUQ6 p�„'Aa UQWOOWN��u.OVm O���r°N�ml MOW N t” C`9 m QRZ w OulWc Q O U 0 O W° .7J ry Y z z Z c[�w>0 c NOm mF- U ce z0z a WW U¢m W 6 Oe F, r 7W OZ> O a Q d J W JKO WVO cad o�N Om ? i n U - _ lo W - J rat- 3 3 r a • A Q ©- - ® b J J a U WLL ZO V QQQ 9 >°pwmm a0za`� a4�a�a iOwma'ii Wmcm w c ¢nt o� O 0 VoI. Cl� I - 2LLLL �3� armi cLL m� o D- �U VoI. Cl� RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Smetana Road Project: R4-280 W.O. No.: 33214 Precinct: 4 1 (we) the undersigned owner(s), accept payment of $8,412.00 as compensation and full settlement for granting of Special Warranty Deed in, along, upon and across 0.418 acre of property located on above mentioned project. — a"Ii4t Regina Mae Pavlas C .16 b Date Darrel I'Pavlas %� j a'�� 1/� ----Date y 7 , FENCE BUILDING OPTION AND/OR RESPONTSIBILITY ACCEPTANCE Road: Smetana Road Project: R4-280 W.O. No.: 33214 Precinct: 4 I (we) the undersigned owner(s), desire to have BRAZOS COUNTY construct the fence for the above mentioned project. It is also understood that upon completion and agreed acceptance of said fence, ANY and ALL maintenance becomes PROPERTY O WNER(S) RESPONSIBILITY. I (we) the undersigned owner(s), elect to construct the new fence for the above mentioned project. In consideration, I (we) wish to receive payment of $9,550.00 for approximately 1,193' of fence. It is also understood that this payment relieves BRAZOS COUNTY from ANY and ALL, responsibilit *A^^. t *^ fencina. Regina Mae Pavlas D avlas Date:Q' e� 2��� Date: 0A i Vol.�- __ wT E,� F � � r o` ,✓5 ,�o FY OF 9 BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT R. Alms Munger, PE, CFM, County Engineer Duane Peters. Brazos County Jude Lloyd Wassermann. County Commissioner Pct. I Kennv btallard, County, Commissioner Pct. 3 Sammy Catalena. County Commissioner Pct. ? Irma Cauley. Counn Commissioner Pct. 4 September 7, 2016 Smetana Road Brazos County — Precinct 4 R4-280/33214 0.418 acre of land Regina Mae Pavlas and Darrell Pavlas P. O. Box 2606 Bryan, Texas 77805-2606 Dear Mr. and Mrs. Pavlas: In finalizing our negotiations for your property for the improvements to be made to Smetana Road, the following is our understanding: 1. Brazos County will purchase 0.418 acre of land from you to be used as new right of way. 2. Any minerals will remain in your possession. 3. Brazos County will pay for all recording and closing fees. 4. Brazos County will furnish rock material for three driveway entrances up to the new installed gate. If any of the above does not meet with your approval, then please let me know and I will revise it. If you should have any questions concerning this transaction, please do not hesitate to contact me at (979) 822-2127 extension 3033 or (979) 277-2273. Sincerely, Darrell W. Kolwes Right of Way Agent 2617 Highway 21 West Bryan. F/0 Texas 77803 Oitica (979)822-2127 / Fax (979)775-0453 PERSONNEL I� CHANGE OF STATUS REQUESTS Commissioner Court Date: September 2016 Department Submitting Information: Human Resources Puroose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Collections County Attorney District Attorney Rios, Ana Wersig, Michael Bull IV, Edward Evans, Ellen New Hire Change of Status New Hire New Hire Emergency Management Martin, Christopher Separation Exposition Complex Tanet, Marilyn New Hire Wassermann, Randall Separation Tax Office Alvarado, Carmen New Hire Gardner, Joshua Separation Approved in Commissioners' Court: September 13, 2016 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. Pg �R �_ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 13, 2016 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Iib Department Submitting Employee Request Action Requested Request(s) Applies To Collections Ag. Extension Anderson, Janice Change of Status Anthony, Charla Change of Status Besser, Emily Change of Status Budget Means, Nina Change of Status Collections Charanza, Lori Change of Status Spiller, Nicole Change of Status Constable Pct. 2 Matejka, Joe Change of Status Wendt, Stephanie Change of Status Constable Pct. 3 Lively, Calder Change of Status Regmund, Angela Change of Status Constable Pct. 4 Harris, Kimberly Change of Status Pineda, John Change of Status Thomas, Adrian Change of Status County Attorney Bailey, Brenda Ballard, Bill Barton, Matthew Burkhalter, Tammy Carroll, Ashley Eplen, Rebecca Estrada, Leticia Giles, Spencer Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Val, Purchasing Records Management Holmes, Joshua Change of Status Guzman, Graciela Change of Status Ostiguin, Laura Change of Status Perez, Cyndi Change of Status Quisenberry, Eric Change of Status Suhling, Kendra Change of Status Turrubiartes, Theresa Change of Status Turrubiartes, Theresa Change of Status Maness, Lani Norton, Christy Pistler, Jodi Rutledge, Amanda Stevens, Jean Approved in Commissioners' Court: September 13, 2016 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Change of Status Change of Status Change of Status Change of Status Change of Status _ 2 P9.__Sa.. _..