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2024/08/27 Regular Session 10:00AM
.sir t ° £' 3e �{ru N. BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 27, 2024 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOSCOUNTYTX 1. Invocation and Pledge of Allegiance o U.S. and Texas Flag -Judge Peters 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -39 3. Proclamation 24-018 proclaiming the month of September as Suicide Awareness Month. 4. Approval of the following appointment and reappointment to the Brazos County Child Welfare Board. Term of appointments are as follows: Appointment: o a. Mindi Kavanaugh, O.D. -August 31, 2024 -August 31, 2027 Reappointment: o b. Lynn Yeager-August 31, 2024 -August 31, 2027 5. Approval of Amended Order of General & Special Election for November 5, 2024 to correct early voting location. 6. Approval of Judges and Alternate Judges for the November 5, 2024 General/Special Election. 7. Approval of Order Dividing One Election Precinct(44)and Combining Into Another Election Precinct(45)due to annexation by City of Bryan. 8. Approval of Order Dividing One Election Precinct(27)and Creating Another Election Precinct(110)due to annexation by City of Bryan. 9. Approval of Order Dividing One Election Precinct(81)and Creating Another Election Precinct(114)due to annexation by City of Bryan. 10. Approval of Order Dividing One Election Precinct(27)and Creating Another Election Precinct(11, 112, 113)due to annexation by City of Bryan. 11. Approval of Order Dividing One Election Precinct(27)and Combining Into Another Election Precinct(111)due to annexation by City of Bryan. 12. Approval of the Amended and Restated Bylaws of City of Bryan and Brazos County Economic Development Foundation, Inc. -A Local Government Corporation. 13. Acceptance of FY 2025 Continued Multi-Year Improvement Grant from the Texas Indigent Defense Commission in the amount of$1,186,258.00 for the Brazos County Public Defender. 14. Approval requested for acceptance of the Grant Award from the Texas Veterans Commission for the General Assistance Program: Employment Support and Signature Authority assigned to the County Auditor. 15. Approval requested for acceptance of the Grant Award from the Texas Veterans Commission for the Veterans Mental Health Program: Clinical Counseling and Signature Authority assigned to the County Auditor. 16. Request authorization to wire transfer up to$13,000,000.00 to HHSC for the Uncompensated Care Program Demonstration Year 13 - Final Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. 17. Approval of the Brazos County Clerk's Records Management and Archival Plan to collect a$10.00 fee for non-court filings. 18. Approval of Amendment#2 for Contract#21-123R Merchant Services with Catalis for Brazos County to add Payment Processing Services and extend the contract for an additional 3 years. 19. Approval of Amendment#1 for Contract#24-022 Eagle Program with Texas Workforce Commission for Constable Pct 1 to extend the contract for an additional year. 20. Approval of Award &Amendment#1 to Bid #24-122 Tree Removal Services. Recommended Award: The Urban Foresters LLC. 21. Approval of Contract#24-124 for Cellphone Texting Archive with SMARS H. 22. Approval of Agreement#24-143 for Secure Long-Term Residential Service of Juvenile Offenders with Rockdale Youth Academy for Brazos County Juvenile. 23. Approval of Agreement#24-144 for Secure Short-Term Residential Service of Juvenile Offenders with Rockdale Youth Academy for Brazos County Juvenile. 24. Approval of Bid Renewal#25-018R for Cutback Asphalt with Cleveland Asphalts Products Inc. 25. Request permission to enter private property owned by Warren and Margaret Mayberry on Stousland Road for grading of driveway slope to better achieve more desirable tie-in on newly constructed pavement section. Site is located in Precinct 1. 26. Request permission to enter private property owned by Margie Boyd on Straub Road for grading of driveway slope to better achieve more desirable tie-in on newly constructed pavement section. Site is located in Precinct 1. 27. Request permission to enter private property owned by Mel and Brittany Ferrer on Straub Road for grading of driveway slope to better achieve more desirable tie-in on newly constructed pavement section. Site is located in Precinct 1. 28. Consider and take action on the Comcast utility permit to directional bore 17,284 feet of 2-inch fiber optic cable within the right-of-way of I&GN Road and Greens Prairie Trail, including seven (7) road bores. Site is located in Precinct 1. 29. Consider and take action on the City of College Station utility permit to directional bore fiber optic cable within the right-of-way of North Graham Road. Project also includes five (5) aerial crossings on South Dowling Road to provide internet and communication services to Ag Barn. Site is located in Precinct 1. 30. Approval of the Final Plat of Indian Lakes Subdivision Phase I Block 1 Lot 5R-B1 and Indian Lakes Subdivision Phase III 2.510 Acre HOA Common Area and Conservation Buffer; 10.242 Acres, J.M. Barrera Survey,A-69; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. 31. Approval of 4th Quarter Contribution to the Brazos County Health District in the amount of$119,507.25. 32. Discuss and propose 2024 Tax Rate. 33. Consider and vote on the FY 2025 proposed salaries and allowances for elected county and precinct officials. 34. Tax Refund Applications for the following: Overpayments o a. Melody Gayle -$193.67 © b. Robert Bradshaw-$9.34 o c. Patrice Gay-$164.68 • d. Tet Ven (Soon) Rosegrant-$122.50 o e. James Edward Ercanbrack-$104.18 m f. Nationstar Mortgage, LLC -$2,889.60 35. Budget Amendments. © FY 23/24 Budget Amendments 45.01 -45.02 36. Personnel Change of Status. o Approval of Personnel Change of Status. 37. Payment of Claims. 38. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel. o b. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, or discipline of the District Clerk. o c. Texas Government Code §551.071 to consult with attorney about pending litigation or settlement offer regarding Courthouse news vs. Gabriel Garcia, et al. 39. Consider and possible action on Executive Sessions. 40. Acknowledgement of the Investment Report for Quarter Ending 6/30/2024 41. Acknowledgement of the 2023-2024 Budget to Actuals by Fund as of August 22, 2024. Acknowledgement of the 2023-2024 Contingency Budget to Actuals by Fund as of August 22, 2024. 42. Acknowledgement of monthly reports submitted in August 2024. 43. Juvenile director's report on detention population. 44. Sheriff's report on inmate population. 45. Announcement of interest items and possible future agenda topics. The Fiscal Year 2025 Proposed Budget will be filed with the County Clerk and County Auditor. Once filed, it will be posted to the Brazos County Website. 46. Adjourn. 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. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the Brazos County Administration Building,200 S.Texas Avenue,Suite 106, Bryan,TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOSCOUNTYTXis 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. •. tE. O• T • om. *I r •J*: .ai\ JiI Y O F ••• The foregoing minutes of the Commissioners Court Meeting held August 27, 2024, have been examined and are approved in open Court this 3rd day of September 2024, in Bryan, Brazos County, Texas. -(-- fit....L... -- 3'‘ Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 e Chuck Konderla Nancy Berry Commissioner, Precinct 2 Commissioner, Precinct 3 ,fhttri -3 Wanda J. Watson Commissioner, Prednct 4 Attest: <.CtNiduL gri COP 02_01,"--J Karen McQueen ,/r , County Clerk II , . '�'' .'" `'.>'''''' V'`. MINUTES AUGUST 27, 2024 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, August 27, 2024 with the following members of the Court present: Duane Peters,County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag -Judge Peters 2. Call for Citizen input and/or concerns Marie Wood requested that redactions be removed from the list of claims provided by the Treasurer's Office.Additionally, Ms. Wood addressed concerns regarding the selection process for Non-Profit Organizations included in the Proposed Budget and the Cost of Living Adjustment. Keith King expressed concern regarding the integrity of the voter registration rolls. Cathie Viens questioned increases to the Proposed Budget including increases to the Public Defender's Office and District Attorney's Office. Cynde Wiley asked that the Court consider balancing needs versus wants when building the Budget. Consider and take action on agenda items: 3 -39 3. Proclamation 24-018 proclaiming the month of September as Suicide Awareness Month. The Court approved Proclamation 24-018 proclaiming the month of September as Suicide Awareness Month. Monica Colson with Texas A&M University Health Services thanked the Court for the support and stated that the month of September is a time to remember the many lives affected by suicide.A copy of the Proclamation is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 4. Approval of the following appointment and reappointment to the Brazos County Child Welfare Board. Term of appointments are as follows: Appointment: • a. Mindi Kavanaugh, O.D. -August 31, 2024 -August 31, 2027 Reappointment: • b. Lynn Yeager-August 31, 2024 -August 31, 2027 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. • 5. Approval of Amended Order of General & Special Election for November 5, 2024 to correct early voting location. A copy of the amended order is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 6. Approval of Judges and Alternate Judges for the November 5, 2024 General/Special Election. The Court approved as submitted the list of appointments for Presiding Judge and Alternate Judge for the November 5, 2024 Election. A copy is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 7. Approval of Order Dividing One Election Precinct(44)and Combining Into Another Election Precinct(45)due to annexation by City of Bryan. A copy of the Order is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 8. Approval of Order Dividing One Election Precinct(27)and Creating Another Election Precinct(110)due to annexation by City of Bryan. A copy of the Order is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 9. Approval of Order Dividing One Election Precinct(81)and Creating Another Election Precinct(114)due to annexation by City of Bryan. A copy of the Order is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 10. Approval of Order Dividing One Election Precinct(27)and Creating Another Election Precinct(11, 112, 113)due to annexation by City of Bryan. A copy of the Order is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of Order Dividing One Election Precinct(27)and Combining Into Another Election Precinct(111)due to annexation by City of Bryan. A copy of the Order is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 12. Approval of the Amended and Restated Bylaws of City of Bryan and Brazos County Economic Development Foundation, Inc. -A Local Government Corporation. A copy of the Amended and Restated Bylaws is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 13. Acceptance of FY 2025 Continued Multi-Year Improvement Grant from the Texas Indigent Defense Commission in the amount of$1,186,258.00 for the Brazos County Public Defender. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 14. Approval requested for acceptance of the Grant Award from the Texas Veterans Commission for the General Assistance Program: Employment Support and Signature Authority assigned to the County Auditor. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 15. Approval requested for acceptance of the Grant Award from the Texas Veterans Commission for the Veterans Mental Health Program: Clinical Counseling and Signature Authority assigned to the County Auditor. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 16. Request authorization to wire transfer up to $13,000,000.00 to HHSC for the Uncompensated Care Program Demonstration Year 13 - Final Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 17. Approval of the Brazos County Clerk's Records Management and Archival Plan to collect a$10.00 fee for non-court filings. A copy of the Archival Plan is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Kanderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 18. Approval of Amendment#2 for Contract#21-123R Merchant Services with Catalis for Brazos County to add Payment Processing Services and extend the contract for an additional 3 years. A copy of the amended contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 19. Approval of Amendment#1 for Contract#24-022 Eagle Program with Texas Workforce Commission for Constable Pct 1 to extend the contract for an additional year. A copy of the amended contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 20. Approval of Award &Amendment#1 to Bid #24-122 Tree Removal Services. Recommended Award: The Urban Foresters LLC. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid #24-122 Tree Removal Services to The Urban Foresters LLC.A copy of the bid tabulation is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 21. Approval of Contract#24-124 for Cellphone Texting Archive with SMARSH. A copy of the service agreement is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 22. Approval of Agreement#24-143 for Secure Long-Term Residential Service of Juvenile Offenders with Rockdale Youth Academy for Brazos County Juvenile. A copy of the service agreement is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 23. Approval of Agreement#24-144 for Secure Short-Term Residential Service of Juvenile Offenders with Rockdale Youth Academy for Brazos County Juvenile. A copy of the service agreement is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 24. Approval of Bid Renewal#25-018R for Cutback Asphalt with Cleveland Asphalts Products Inc. A copy of the renewal of contract and bid tabulation is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 25. Request permission to enter private property owned by Warren and Margaret Mayberry on Stousland Road for grading of driveway slope to better achieve more desirable tie-in on newly constructed pavement section. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 26. Request permission to enter private property owned by Margie Boyd on Straub Road for grading of driveway slope to better achieve more desirable tie-in on newly constructed pavement section. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 27. Request permission to enter private property owned by Mel and Brittany Ferrer on Straub Road for grading of driveway slope to better achieve more desirable tie-in on newly constructed pavement section. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 28. Consider and take action on the Comcast utility permit to directional bore 17,284 feet of 2-inch fiber optic cable within the right-of-way of I&GN Road and Greens Prairie Trail, including seven (7) road bores. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 29. Consider and take action on the City of College Station utility permit to directional bore fiber optic cable within the right-of-way of North Graham Road. Project also includes five (5) aerial crossings on South Dowling Road to provide Internet and communication services to Ag Barn. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 30. Approval of the Final Plat of Indian Lakes Subdivision Phase I Block 1 Lot 5R-B1 and Indian Lakes Subdivision Phase III 2.510 Acre HOA Common Area and Conservation Buffer; 10.242 Acres, J.M. Barrera Survey,A-69; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 31. Approval of 4th Quarter Contribution to the Brazos County Health District in the amount of$119,507.25. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters,Watson. 32. Discuss and propose 2024 Tax Rate. Judge Peters noted that the Court previously discussed the tax rate options during the budget workshop and asked if any of the Commissioners would like to propose a rate. Commissioner Aldrich made a motion to propose the no new revenue rate however,the motion failed due to lack of a second. Judge Peters made a motion to propose a rate of 0.4197 and was seconded by Commissioner Berry. Upon further discussion,the motion was approved with Commissioner Berry, Commissioner Konderla, Commissioner Watson and Judge Peters voting in favor of it and Commissioner Aldrich voting against the motion. Motion:Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Nancy Berry. Passed. 4-1. Ayes: Berry, Konderla, Peters, Watson. Nays:Aldrich. Judge Peters announced that the date and time for the Public Hearing regarding the Tax Rate needs to be set. The Court voted unanimously to set the Public Hearing for Tuesday, September 10, 2024 at 9:15 a.m. Motion:Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 33. Consider and vote on the FY 2025 proposed salaries and allowances for elected county and precinct officials. Commissioner Aldrich stated that he will not accept the 5 percent Cost of Living Adjustment(COLA)for the remainder of his term. Commissioner Berry also agreed to not receive the COLA for the remainder of her term.Auditor Katie Conner explained that they would publish the salaries in the newspaper as 3 months without the COLA for Commissioners, Precinct 1 and 3 and then the remaining 9 months would include the COLA for the newly elected Commissioners in 2025. Motion:Approve w/Conditions, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 34. Tax Refund Applications for the following: Overpayments • a. Melody Gayle -$193.67 • b. Robert Bradshaw-$9.34 • c. Patrice Gay-$164.68 • d. Tet Ven (Soon) Rosegrant-$122.50 • e. James Edward Ercanbrack-$104.18 • f. Nationstar Mortgage, LLC -$2,889.60 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 35. Budget Amendments. • FY 23/24 Budget Amendments 45.01 -45.02 45.01 Reallocate funds for TJJD Supplemental Salary Adjustment Grant. 45.02 Reallocate funds for County Auditor. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 36. Personnel Change of Status. • Approval of Personnel Change of Status. A copy of the Personnel Change of Status is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 37. Payment of Claims. Claims 8204633—8204770 9202045—9202117 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 38. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel. • b. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, or discipline of the District Clerk. • c. Texas Government Code §551.071 to consult with attorney about pending litigation or settlement offer regarding Courthouse news vs. Gabriel Garcia, et al. At this point, the County Judge announced the Court would consider items 40 through 45 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 11:01 a.m.the County Judge stated that the Court would convene into Executive Session. The following individuals were asked to stay for each session: a. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of county personnel. Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel b. Texas Government Code §551.074 to discuss the appointment, employment, evaluation, reassignment, duties, or discipline of the District Clerk. Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel c. Texas Government Code §551.071 to consult with attorney about pending litigation or settlement offer regarding Courthouse news vs. Gabriel Garcia, et al. Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel Lauren Brooks, District Clerk's Office Angela Lara, District Clerk's Office 39. Consider and,possible action on Executive Sessions. At 11:33 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. 40. Acknowledgement of the Investment Report for Quarter Ending 6/30/2024 The Court acknowledged receipt of the Investment Report for quarter ending June 30, 2024.A copy of which is attached to and made a part of these minutes. 41. Acknowledgement of the 2023-2024 Budget to Actuals by Fund as of August 22, 2024. Acknowledgement of the 2023-2024 Contingency Budget to Actuals by Fund as of August 22, 2024. The Court acknowledged receipt of the 2023-2024 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of August 22, 2024. 42. Acknowledgement of monthly reports submitted in August 2024. The Court acknowledged receipt of the Extension Service reports submitted in August 2024 and acknowledged receipt of reports from the County Clerk and Constable, Precinct 2 showing revenues collected and remitted to the County Treasurer. 43. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 32 juveniles in the detention center, 24 are male and 8 are female, and 19 have electronic monitors. 44. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 804 inmates in jail, 681 inmates are male, 123 are female and 33 have electronic monitors. He noted that the decrease in population is possibly due to the Courts moving judgments quicker to help alleviate overcrowding at the Jail. 45. Announcement of interest items and possible future agenda topics. • The Fiscal Year 2025 Proposed Budget will be filed with the County Clerk and County Auditor. Once filed, it will be posted to the Brazos County Website. 46. Adjourn. Pg I of BRAZOS COUNTY COMMISSIONER' S COURT ?2,144‘ DAY OF P ug Us+ , 20 _, J=L I 0 00 /PM, (R, , Name Organization (PLEASE PRINT) (PLEASE PRINT) PO\tt,(2_, Vzsrtrs-<61xfArfroAr\ Co. aef ‘5 0-CC \r-- Mal 5 i-b cA ctu-cri- N (:(Not Pcui4 /NZ— 1144,1(_-q \064:0.61(7n-i o'v 01 -n L . (1.yierej /6,17 0n n I ducti KrA Se\k nC-PC5 J , T . ( P foli\761(60 V-(S • TeccL r� S'® /J Me .\5 g \-4-C c oveinc l� (07,5- `664-61„4„ -yln, ce21,_w_e CO T Pg BRAZOS COUNTY COMMISSIONER' S COURT ) - DAY OF K„ s -- , 20 .ils); a C_Al /PM, _Z p Name Organization (PLEASE PRINT) (PLEASE PRINT) W1-74\Arn r 6-40\tr,_7(ite- rc vc.-L ( ,e4-giu woo ECK) 6V/t) daK 1:1 NI cikct T)t/ L-1-1 ( e- VOUITAA c(,01,411 St4(712fi'e i yE L5 CL0J4 CLq ve Pg3 of 11_5 BRAZOS COUNTY COMMISSIONER' S COURT OltkDAY OF Xoum- , 20 „ � .- o (APM ; Re is . - Name Organization (PLEASE PRINT) (PLEASE PRINT) (rAj 1'55a LeV&Mr'a 4\5 E (o__.c, i ISCSO /ie-1/6 Lg vsoa+/ ©. ,Supo- -r, zdA/q -rr P NiDu4,A0A3 . LJ� y STD A.{1 V I 1\Gt't'ne6...1 --17-e9L-S lam` y� CvtC_ cD /(Pki' Sf-e/fif-1 /-4/620 Lam- `(-x0 1/ Atzta, /-) C7-A36,‹ Ar LLU) ly',u-v1 Pg Yof47— BRAZOS COUNTY COMMISSIONER' S COURT ��- DAY OF „ s+- , 20 (9 ID'. PM, 0) Name Organization (PT ,ASE P T) (PLEASE PRINT) 10 CG LPIAg(" 1 S+ e ClviL .CUOUir-eiV\ 1706\(53 N.<(1- gLa // 7Ikift2 --;\--7.1-v\c21.QA c 50 ---menvcA 4•730 () • 41, (4,0 T (e.6R1 ,b Mn �� TD Pg 6 -3 BRAZOS COUNTY COMMISSIONER' S COURT 0-1- DAY OF � ;_. S , 20 a5 o^, /PM, Name Organization (PLEASE�", l PRINT)r ciL (PLEASE PRINT) 611 t_ir ��- od Svn� u3a ce e 0 Toes itliem UC�O MCI €- Sekrv_ Wet OnuAl\ G) C-mour) hwvn . Nyrwr - Lcr Suicide Awareness Month 2024 Proclamation WHEREAS Many factors may contribute to a person considering suicide. The Center for Disease Control (CDC) estimated that, in 2022, 13.2 million American adults seriously thought about suicide, 3.8 million planned a suicide attempt, and 1.6 million attempted suicide. Suicide continues to affect innumerable communities across the world, creating a critical need to raise awareness about prevention. According to the World Health Organization (WHO), over 700,000 individuals die by suicide annually. WHEREAS Suicide is the 11th leading cause of death in Texas, and approximately 4,193 Texans die by suicide each year (American Foundation for Suicide Prevention, 2022). Suicide attempts and deaths are once again increasing after 2 years of decline from 2019-2020 (CDC). Feelings of hopelessness, isolation and stigma commonly combine with additional factors and variables to increase the risk of suicide attempts. It is more important than ever to educate people on what factors contribute and lead to suicide attempts and deaths and encourage people to support one another. WHEREAS The month of September is National Suicide Prevention Month. Effective suicide prevention involves actively connecting and reaching out to individuals who may be struggling.This effort requires educational awareness of warnings signs, linking survivors and loved ones to helpful resources, providing guidance on supporting a struggling loved one, and destigmatizing the emotional and psychological challenges often preceding suicidal thoughts or attempts. WHEREAS Suicide Awareness Month strives to promote suicide prevention resources, reduce social isolation, honor survivors, and remember those lost to suicide. This year's program continues a tradition of partnering with Texas A&M AgriLife Extension to host a 4-week suicide prevention walk challenge designed to reduce stigma and spread hope throughout the Aggie community. Suicide Awareness Month also features both virtual and in-person opportunities, including gatekeeper trainings, various mental health program initiatives, and an in-person kickoff event on Tuesday, Sept. 10, at 6:00 p.m. in Rudder Plaza at Texas A&M University. Suicide Awareness Month empowers Texas A&M and surrounding community members to take the first steps toward a greater wellbeing together. NOW THEREFORE BE IT PROCLA E nth of Septe b as Suicide Awareness Month. County Judge �.----"' .___Za/ Commissioner Precinct 1 Commissioner Precinct 2 --r'‘161.." CAe.Jtttoa A Commiss ner Precinct 3 Co m ssioner Precinct 4 A t,tG La c2 fl` aC)aL{- Date 4 Brazos County Child Welfare Board 2200 Osborn Bryan,TX 77803 August 16, 2024 To the Brazos County Commissioners' Court: The Brazos County Child Welfare Board consists of county residents who manage the funds provided by the Commissioners' Court to support work with Brazos County children in the care of Child Protective Services. At its August 16 meeting, the Board voted to submit the name of the following for reappointment to the Brazos County Child Welfare Board. The member recommended for reappointment to a three-year term is Lynn Yeager. Lynn has served on the Board for several years and is interested in continuing her involvement. The term should be from 8/31/24 to 8/31/27. The Board also voted to nominate Mindi Kavanaugh, O.D.,for membership on the board. Dr. Kavanaugh is the owner of Greene Eyes, LLC in Bryan, and her term would also be from 8/31/24 to 8/31/27. Thank you for your consideration of these requests. . a)-1")--8. Suzann Phelps Chair Brazos County Child Welfare Board N't E O F T-- �;S44 • V004 * : • })''0/4 OF $4 BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Mindi Kavanaugh, O.D. to the Brazos County Child Welfare Board The term of this appointment is August 31, 2024—August 31, 2027. Duane Peters Date County Judge NilOk\ 14, I -A .7c1:*: Y' *.: TYOF84 BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Lynn Yeager to the Brazos County Child Welfare Board The term of this appointment is August 31, 2024—August 31, 2027. c---- v,--.- 11a14 Duane Peters Date County Judge AMENDED ORDER OF GENERAL & SPECIAL ELECTION (MODIFICADO ORDENDE ELECCION GENERAL YESPECL4L) An election is hereby ordered to be held on November 5, 2024, in Brazos County, Texas for the purpose of electing the following county and precinct officers as required by Article XVI, Section 65 of the Texas Constitution and the adoption or rejection of a stock law. (Por lapresente se ordena la celebration de una eleccion el 5 de noviembre de 2024 en el condado de Brazos, Texas, con el fin de elegir a los siguientes funcionarios del condado y del distrito electoral segun to exige el Articulo XVI, Seccion 65 de la Constitution de Texas y la adoption o rechazo de una eleccion ley.) (List Offices or Measurers) (Listar Of tins o Medidores) District Judge,272nd Judicial District(Juez de Distrito, Distrito Judicial 272) District Judge,472nd Judicial District (Juez de Distrito, Distrito Judicial 472) District Attorney, 85th Judicial District (Fiscal de Distrito, Distrito Judicial 85) County Attorney (County Attorney) Sheriff(Alguacil) County Tax Assessor-Collector(Tasador-recaudador de impuestos del condado) County Treasurer,Unexpired Term (Tesorero del condado, mandato pendiente) County Commissioner,Precinct No. 1 (Comisionado del Condado, Precinto Num.1) County Commissioner,Precinct No. 3(Comisionado del Condado, Precinto Num.3) Adoption of stock law requiring cattle to be fenced in? Aprobacion de una ley ganadera que exige cercar el ganado?) Adoption of stock law horses,mules,jacks,jennets,donkeys,hogs, sheep and goats to be fenced in? (Adoption de ganado de caballos, mulas,jureles,jennets, burros, cerdos, ovejas y cabras para ser cercados?) Early voting by personal appearance will be conducted at: (La votacion adelantada en persona se llevara a cabo de lunes a viernes en:) • Brazos County Elections Administration, 300 E William J Bryan Parkway,#100, Bryan Galilee Baptist Church, 804 N. Logan Street,Bryan Arena Hall,2906 Tabor Road,Bryan MSC,Room L526, Texas A&M Campus, College Station College Station Utilities Meeting&Training Facility, 1603 Graham Rd, College Station Monday-Friday, October 21-25, 8:00 a.m. — 5:00 p.m.; Saturday, October 26, 7:00 a.m. — 7:00 p.m.; Sunday, October 27, 10:00a.m.—4:00 p.m.; and Monday-Fri day,October 28 -November 1,7:00 a.m.—7:00 p.m. .(De,lures a viernes de121 al725 de:octubre w de 8:00 a:.»t: a.5:00 p:.m:,;.Sabado 26 de.octubre; •Domingo:27 de octubre,.10 00 am:— 4:00 fiiii;y de lunes:a viernes, del28-de octubre` al 1 de,noviembre;;ade..7:00. Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a:) Trudy R. Hancock,REO, CERA Early Voting Clerk 300 E Wm J Bryan Pkwy, Suite 100 Bryan, Texas 77803 Fax to(979)361-5779 or email to brazosvotes@brazoscountytx.gov IF YOU FAX OR EMAIL THE APPLICATION, THE:ORIGINAL MUST BE RECEIVED IN THE OFFICE WITHIN FOUR DAYS (Si envia la solicitud por fax o correo electronico, la oficina debe recibir el original dentro de los cuatro Bias) Applications for ballots by mail must be received no later than the close of business on: October 25,2024 (Las solicitudes para boletas que se votaran adelantada por correo deberan recibirse no mas tardar de las horas de negocio el: 25th de Octubre, 2025) Federal postcard applications must be received no later than the close of business on: October 25, 2024. (La tarjeta Federal de solicitud deberan recibirse no mas tardar de las horas de negocio el: 25th de Octubre, 2024) Issued this the 27th day of August,2024. (Emitada este dia 27`h de Augusto, 2024. • Signature of County Judge (Firma del Juez del Condado) OPrescribed by Secretary of State Section 32.002(d),V.T.C.A.,Election Code 8/07 I,Trudy Hancock,REO, CERA,Elections Administrator of Brazos County do hereby submit the following persons for appointment as presiding judge and alternate judge for elections conducted by the county as required upon receipt of timely list(s) submitted by the appropriate political party chairs or as recommended by me if no list(s)were submitted timely by party chairs. The appointment will be a 1 year . term,ending on July 31,2024. Yo, Trudy Hancock, REO, CERA, Administrador de Elecciones del Condado de Brazos someto por este medio para nombrar las personas siguientes como juez de presidencia y juez alterno par alas elecciones conducidas por el condado como requerido, segim el recibo de las listas oportunas sometidas por las sillas politicas apropiadas del partido o segtin to recomendado por mi si no hay listas oportunas sometidas al lado de las sillas del partido. La cita sera un termino de 1 an"o, terminando el 31 de Julio de 2024. Vote Center Presiding Judge Alternate Judge Centros de Votacion Juez de presidencia Juez alterno Millican United Methodist Church R*Jody Quimby D*Merritt Cole College Station Utilities Mtg&Tng Facility R*Bill Edson D*Nancy Inglis Galilee Baptist Church D*Reginald Nix R*Robert Bruce Zion Church of Kurten R*Carol Nichols D*Mary Ann Arnold Parkway Baptist Church D*Katrina Stewart R*Steve Weaver College Heights Assembly of God Church D*Rosemarie Swanson R*Liz Ezell First Baptist Church Bryan R*Diana Davis D*Mary Lou Adame Beacon Baptist Church R*Nathan Cook D*Charles Frazer Bryan Ballroom D*Ralph Cruzan R*Coy Lynn Batson Brazos County Administration Bldg R*Mary Stasiowski D*Josie Flores Memorial Student Center(MSC) R*Jan DeCoste D*Jackie Girouard Lincoln Center D*Verna Dewees R*Sonja Olsen College Station City Hall R*Joann Gonzalez D*Karen Riedel College Station ISD Administration Bldg D*Liza Gonzalez R*Bryan Grimsley Legends Event Center R*E J Biskup D*Jennifer Ross-Hasan Castle Heights Baptist Church D*Freddie Carter R*Tim Liddle St Francis Episcopal D*Erin Hill R*Debbie Ruetenik A&M Church of Christ R*Glynda Bricker D*Darrell Davis Arena Hall R*Jonathon Howerton D*Barry Clar Brazos Center R*Marla Calvin D*Harold Eaton Wellborn Baptist Church R*Brenda Grimsley D*Katina Hanna Living Hope Baptist Church R*Cari Bullington D*Jina Mosavi Church of the Nazarene R*Susan Stevenson D*James Woolley Justice of the Peace Pet 1 R*David Rhodes D*Michael Hall Rellis Campus-Chapel&Assembly Hall R*Isaac Montoya D*Cynthia Cristner Christ Church R*Brian Bricker D*George Sowden Castlegate II R*Alice Artman D*Beverly Cunha Crestview at Arbor Oaks R*Cynthia Wiley D*Thomas Walker Central Count Manager Darlene Nichols Tabulating Supervisor Tracy Price Early Voting Ballot Board R*Brandon Gaines D*Tina Hanna Issued this the 27th day of August,2024. Emitado este dia 27th de agosto 2024. APP VED: E.Duane Peters,Brazos County Judge Juez del Condado de Brazos ORDER DIVIDING ONE ELECTION PRECINCT AND COMBINING INTO ANOTHER ELECTION PRECINCT • WHEREAS, the City of Bryan approved Ordinance #2601 annexing 9.132 acres of land located in Voting Precinct 44; and WHEREAS, the new boundary lines of the City of Bryan do not follow the existing election precinct lines created by Brazos County; and WHEREAS, Section 42.007 states "A commissioners court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and unincorporated territory outside the city";and WHEREAS, the Commissioner's Court is desirous of complying with the City of Bryan city limit lines, and the Texas Election Code; and WHEREAS, compliance with the Texas Election Code requires the division of one (1) voting precinct and combining the annexed portion into another voting precinct; and WHEREAS, Section 42.008 (1) of the Texas Election Code provides for combining election precincts; NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS,that Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 44 be divided to follow the City of Bryan city limit lines in Brazos County, Texas,to wit: 1. Election Precinct 44 be divided and be combined with Election Precinct 70; 2.. 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'••. , , ,••,• ,..03,K/.... - „ .,..../•,,.•,,..-•••"•.(„:4••••••,:.., • co ., „„.,. ../ .. . , •,•••,....-%.:,•',••...,• • ,,•.•••/,.••,c '••••,,..•:•-•.(•,4,.,,, .,0,,,, ...,,,, , '‘.., N3 N\ ., - ,•C \•\>•/--a•‘...-\‘:•••. „, . ..es>s ,...... ,.. •`).< • ,, X . . , CO \ \ . - . . ._• ,. • DocuSign Ent/elope ID:C5D8454C-D522-44AA-A83A-60A39506EC1D Exhibit`4C-1": . . .s, a i . 0 ' • !iii 4 .. ;13 1 •• tr sir i tt; i 1, •:ez .. , ,...- i 4 10,71 . t 44t tilg- Ali i rli v 1 1\ ir .4 9..eo '46 ,t .//' \ '•.„9.,..,.... ik .....'s• c.t oi,a 14 N • i',..VtgA isi.„, ‘. -/ .,^s,'',.. •:;',- f4.,e, . : I.N. • _ .;•'—. .." ,/iN!%. ., ,,,...N 4et •4; • • ,A,,,,,:ip-4,., -.4.,...-?_•, ,,;,:....z...._.;,:„ ,.• ,,, -0,$§)-1!.:1 a3'3,r,5.t:,'1,•',; ,4-t,.e1t:7.r4,.6‘.,..t .L-:-(:-7----..,.•-"-'----'''V-'.'-•'4.:-",...,“f-6...si4'....4 A•P...-FN.--;,,I:).-i.t.•k3't.,i.,.,'i1-.0".'t.i,'k.-',,:-,.'•i;':.f'.'';e*':A.41,,'•.1,„,--'t,--,,,6-',00,:,1,4 1W--.:"'4'''5.*-;5'1 1v,;Aq;1I.,.,A"'.'-''444-.-.PiS'7e-.'7 z"..".'..'11,.':"1''•i'''''-/,//'.A":'f'..,'P•1,•','•,,p1''t'-.':'„''-':''-;-346*,1 4/,/"..•/..,,',../-' Yi/l Vi \ \ / c74 _ - " ' , ' "/ "\/ ,s, /\\ t Ct -_: - --- v / i al.ifli, /•i• rx. 1 ,-;.:-• / .74-6.7I ii i . ‘ply..; 41,„,,p .',.5:• „J, 'g14 , /*le • 1 P -S Ps 4 , 1 '-------1-------•--- • Vrkt, .,- ..,, (‘ %... *7.,,ip, ,• 44`• 7,:s. / 1 '-*--77.----:-----7-:-..:-_'7"7;'::_-7-- . k.-. .- g N. ••N \ 4.,,ti -7.* .s/ li g 9.'3,' .-•.; ,.1 ..,- s.., •., „,- - / liz) -61 4' i------•-....-.-,-,.-.-...."-_.7:.....-_:..:.-7.7..r_7_-. .-__-----. :--_::------_2::--,::-_-___ ,_ . t 6 4 .,-.2.,:.-4_,--.7 z-:„.—, . -. ------;..-.:-..-_-_-,:-.:_:•:.--:7.- . -•---- -•---! --..„/ till f: c tli'4, i ----„.7-_:-..,..,-,..7.:277._--.....-..---u.---,-,..:---,..-----..---_-„--,_:;-_-_-.,:..77--,.----,,.•/ qt, s- q1_ --:--_,-_,.. - -:-...7. _-::-: fi.g:•_.-:_-:... ----- . _ 2 •••-•----7-:.---:•:-.-- .------- • ----t,,----.,•.-_.-----: ---•-—•-.- --/ , • 3 .. '';? • a '.\-- --—--------• - -_.7....r.-:::. _.-__--.,..;;;', .±'§ s .N.,- ••—----..:-_-_-.:_-_::_-.-_-___.....-_—_-.4 •'.::',1' .."4i7:# • k7.------•--•- -...--2.::.:_.--- 7;7_7.. : •- -,, 90a • ..**::,---...:-_--.2.:L..-44-1....: ----/ , ,77.-..:-.::.•.-7....-231i: : 7-7. i ',,_*-—02:—'•;• 4:-- ..,•,..-----; . -,.•...- ---p6----;, s, ,„;;•--. q•-.:-.....-./ ' \,.: 4_•.2 • %.:•fs,,,, • • ORDINANCE NO. 2601 AN ORDINANCE OF THE CITY OF BRYAN,TEXAS,ANNEXING 9.132 ACRES OF LAND AND 0.815 ACRES OF RIGHT-OF-WAY FOR TABOR ROAD (FM 974) OUT OF THE STEPHEN F. AUSTIN LEAGUE #10 SURVEY, LOCATED ON THE SOUTHEAST SIDE OF TABOR ROAD (FM 974)BETWEEN RABBIT AND CLARKS LANES AND BOATCALLIE ROAD IN BRYAN'S EXTRATERRITORIAL JURISDICTION (ETJ) IN BRAZOS COUNTY, TEXAS, LYING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF BRYAN; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBIL1TJJ S OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A SEVERABILITY. CLAUSE AND PROVIDING AN EilK CTIVE DATE. WHEREAS,the City of Bryan,Texas is a home-rule municipality authorized by State law and the City Charter to annex territory lying adjacent and contiguous to the corporate limits of said City of Bryan, Texas;and WHEREAS, in accordance with Local Government Code Section 43.0672, the City of Bryan • entered into a municipal services agreement, attached hereto, on October 3, 2022 with John W. Clanton, manager of Tabor Ventures LLC and owner of 9.132 acres of land out of the Stephen F.Austin League#10 Survey, located on the southeast side of Tabor Road (FM 974) between Rabbit and Clarks Lanes and Boatcallie Road in Bryan's extraterritorial jurisdiction(ETJ)in Brazos County,Texas;and • WHEREAS, in accordance with Local Government Code Section 43.106, the 0.815 acres of adjacent County right-of-way for Tabor Road(FM 974)is included in the annexation request;and WHEREAS, one public hearing has been held during a regular meeting on November 17, 2022, and as required by law,in the Council Chambers of Bryan's Municipal Office Building located at 300 South Texas Avenue,Bryan,Texas,where all interested persons were provided an opportunity to be heard on the requested annexation of property and territory hereinafter described;and WHEREAS, all notices of such public hearings have been issued as required by law and all hearings held within the time required by law;and WHEREAS,the hereinafter described property and territory is not within the boundaries of any other municipality,lies within the extraterritorial jurisdiction of the City of Bryan,Texas,and lies adjacent to and adjoins the present boundaries of said City of Bryan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRYAN,TEXAS: 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. DocuSIgn Envelope ID:C5D8454C-D522-44AA-A83A-60A39506ECID 2. That the properties described by metes-and-bounds on Exhibit"A"and depicted on Exhibit"A-1" -are attached hereto and incorporated herein for all purposes, said territory lying adjacent to and adjoining the present:boundaries of the City of Bryan, Texas, be and is hereby added.and annexed to the City of • Bryan,and said territory hereinafter described shall hereafter be included within the corporate limits of the City of Bryan, and the present boundary lines of said City are altered and amended so as to include said area within The corporate limits of the City of Bryan. 3. That the municipal..service plan attached,hereto as 'Exhibit "B" is hereby approved and_ is incorporated.into this'ordinance as if it.were recited herein. 4. That the annexed territory described above is a part'of the City of Bryan for all purposes,and the property situated therein shall bear.its prorata part of taxes levied:by the City of Bryan,and shall be entitled to the samerights and privileges,bound by the same duties and responsibilities as other property within the corporate limits. 5. That the inhabitants residing and owners.of property within the confines of the annexed territory shall be entitled to all.the rights and privileges of all:the..other citizens and property owners of Bryan and shall be bound by the Charter,Ordinances,Resolutions and other.regulations.of the City of Bryan. .6. That the official map and boundaries:of the City of Bryan,Texas,heretofore adopted.and amended, shall be and are hereby amended so as to include the aforementioned territory as part of the City of Bryan, Texas. 7.: • That Chapter 130 of the City of Bryan Code of Ordinances-shall be and:is hereby amended so as:to zone the 9..132 acres of the aforementioned territory Planned Development—Industrial District(PD-I)upon.. annexation-upon annexation, subject to-the development requirements specified in attached Exhibit "C" and further depicted on Exhibit"C-1"which is herein fully incorporated by,reference for all purposes as if it were-set forth in the text of the ordinance. 8. • That if any.portion,provision,section,subsection;sentence,clause or phrase of this ordinance{or the application Of same.to any person or set of circumstances)is for any reason held to be unconstitutional, void,or invalid,the validity of the remaining portionsof this ordinance(or their application to:other persons or sets of circuinstances)'shall not be affected thereby,,it being-.theintent of City Council in adopting this ordinance,that no portion thereof or provision contained herein shall become inoperative or.fail by reason ..of any unconstitutionality of any, other portion hereof,and all provisions of this ordinance are declared to -be'severable for that purpose. DocuSign Envelope ID:CSDEI454C-D522-44M-A83A-60A39506EC1D 9. That thiS ordihance shall take effect immediately upon its final reading and.passage. PASSED;ADOPTED,AND APPROVED on_the 17th day allovember 2022,at a regular meeting of the City Council of the City of Bryan,Texas,by a vote of 7 yeses and. 0 sloes. ATTEST: CITY.OF BRYAN: 1010.47 36,AZ. i14vtwA-41SeitA, Mary Lynne Stratta,.City Secretary Andrew NelSori,Mayor APPROVED AS TO FORM: •nlps41(4.4. CL. g.eefen. • Thomas A.Loepor,,City.Attorney '"'' DocuSign Envelope ID:C5D8454C-D522-44AA-A83A-60A39506EC1D Exhibit"A": A FIELD.NOTES DESCRIPTION OF 9.132 ACRES IN THE STEPHEN F.AUSTIN LEAGUE#10 SURVEY, ABSTRACT 63, IN BRAZOS COUNTY, TEXAS, BEING ALL OF A CALLED 8.99 ACRE TRACT OF LAND CONVEYED TO DENNIS COLE IN VOLUME 340,PAGE 656 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS(DRBCT); SAID 9.132 ACRES BEING MORE PARTICULARLY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 2 inch iron pipe found bent on the southeast right-of--way of Tabor Road-Farm to Market Road 974(80 foot right-of-way per TXDOT plans),on or near the northwest line of said Stephen F.Austin League#10 Survey,A-6.3,and the southeast line of the Moses Baine League Survey,A-3,marking the west corner of a called 9.01 acre tract:to Teppco Crude Pipeline,Z.P.in Volume 5806,Page 148 of the Official Public-Records ofBrazos County,Texas (OPRBCT) and the north corner of said 8.99 acre tract, being the north corner hereof; THENCE,with the southwest line of said 9.01 acre tract, S 49°03'.28"E a distance of-885.93 feet(called S 46°35' 844.6 feet,340/656 DRBCT)to a point in the northwest line of a called 12.46 acre tract conveyed to Tracy L.Tubbs.and Devin Dean Tubbs in Volume 8977,Page 41 (OPRBCT),said point being the south corner of said 9.0.1.acre tract, a 1/2 inch iron pipe found bent bears N 49° 03'28"W a distance of 0.20.feet. from said point;also for reference,a 1 iron pipe found bears N 41°58' 05"E a distance of 439.37 feet from said point; THENCE,with said northwest line of 12:446 acre tract,S.41°58' 05"W a distance of 452.20.feet(called.S 44° 32' W-440.3 feet,340/656 DRBCT)to a 1/2 inch iron pipe found bent on or near the northeast line of a called 9.062 acre tract conveyed to Adolfo Gonzalez and Maribel Sanchez in Volume 8696,,Page 280 (OPRBCT),said 9.062 acre tract being Lots 5 and parts of Lots 3 and 2,Block 1,as depicted onthe.Vacating 6 ResubdivisionPlat of Lone Oak Acres Sub'd as.recorded Volume 318,Page 573(DRBCT),said 1/2 inch iron pipe found bent being on or near a northeast Bryan city limit line; THENCE,with the southwest line of said 8.99 acre tract,along or near said northeast Bryan city limit line, and along northeast lines of said 9.062 acre tract, a called 6.08 acre'tract conveyed to Nurul Ain Ng Binti Wickersham,being of Lots 1-3,Block 1 of said Lone Oak Acres Sub'd.(318/5.73,DRBCT),Lot 1-A,Block 1 of Lone Oak Acres Subdivision,4511 the replat recorded in Volume 513, Page:777 (DRBCT),Lot 2R, Block lR,as depicted on a replat of Lone Oak Acres.in Volume 8553,Page 189(OPRBCT) and a called •one-half acre tract conveyed to Baudelio E.Gutierrez and wife,Alicia.M. Cruz in Volume 9427;Page 104 (OPRBCT),N 48°.31' 34"W a distance of 889.83 feet(called N46°49'W-888.3 feet,3.40/656 DRBCT)- to a point on said southeast right-of-way line,being on or near said'original survey line,from which a.1/2 inch iron rod found bears N 48°31' 34"W a distance of 0.25 feet;for reference,a 1/2 inch iron rod found on said southeast right-of-way line bears 5 42°29' 07"W a distance of 207.72:feet_from said point;. THENCE,_with said southeast right-of-way line of Tabor Road-Farm to Market Road 974,near or'along • said original line,N-42°29'07"E a distance of 444.03 feet(called N 45°E 1M feet,340/656.DRBCT)to the POINT OF°BEGINNING hereof and containing:9.132 acres ofland,more or less. DocuSign Envelope ID:C5D4454C-D522-44AA-A83A-60A39506EC1D Exhibit 4A-1": FIELD NOTES 0.815 ACRES OF TABOR ROAD.(FM 974) A FIELD NOTES DESCRIPTION OF 0.815 OF AN ACRE IN THE MOSES BAINE.LEAGUE SURVEY, ABSTRACT 3, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF THE 80- FOOT-WIDE RIGHT-OF-WAY AS SHOWN ON TXDOT PLANS FOR TABOR ROAD—FARM. TO MARICET ROAD 974; SAID 0.815 OF AN ACRE. BEING MORE PARTICULARLY DESCRIBED BY METES.AND BOUNDS AS FOLLOWS: BEGINNING at a 2 inch iron pipe found bent on the southeast right-of-way of Tabor Road—Farm to Market Road 974(80 foot right-of-way per TXDOT plans),on or near the northwest line of said Stephen F,AUstin League ffl 0 Survey,A-63,and the southeast line of the Moses•Baine League Survey,A-3,marking the west corner of a called 9.01 acre tract conveyed to Teppco Crude Pipeline,LP. in Volume 5806,Page 148 of the Official Public Records of Brazos County, Texas (OPRBCT) and the north corner Of a called 8.99 acre tract Conveyed to Tabor Road Ventures,'LLC in Volume 18195,Page 150(OPRBCT),being the east comer hereof; for reference,the City of Bryan control Monument GPS-6 bears N 88° 55' 17" W a distance of 4,486.42 feet; THENCE,with said southeast right-of-way line of Tabor Road—Farm to Market Road 974,near or along said original survey line, S 42°-29' 07"W a distance of 444.03 feet(called S 45° W 411 feet, 340/656. DRBCT)to a point on said southeast right-of-way line,being at the City of Bryan city hinit line-and being on or near said original Survey line,from which a 1/2 inch iron rod found bears N 48°31' 34"Wa distance of 0.25 feet;. THENCE, through said right-of-way of Tabor ROad—Farm to Market Road 974, N 48° 31' 34".W a distance of 80.01 feet to a point on the northwest line of said right-of-way,being on the southeast line of a called 7.18 acre tract conveyed to St.Anthony's Catholic.Church in Volume 420,Page 115 of the Deed Records of Brazos County,Texas(DRBCT); THENCE,with said northwest right-of-way and said southeast line of called 7,18 acre tract,.N 42°29' 07" E a distance:of 443.29 feet to a point on said northwest right-of-Way line and said southeast line of called. 7.18 acre tract; THENCE,through said right-of-way,S 49°03'28"E la distance of 80.03 feet to the POINT OF BEGINNING hereof and containing 0.815 of an acre of land( 35,493 sq.ft:),more or less. • ' ,...... g•L ' 4-•............... , ' gip fli4t- • 0. :MICHAEOONET6Ki,- • . “As 717/22 •••• ....••...•...i•••••••;•No 'r 6531 •.4: 'cjet4StiCte.0 .. , Michael KOne4i. 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O. a) al • .c ,o) 10 0 0 . . 0 0 DocuSign Envelope ID:C5D8454C-D522-44.AA-A83A-60A39506EC1D • Exhibit"B": - . . • .• . • - MUNICIPAL SERVICES AGREEMENT• . . . • - BETWEEN THE CITY OF BRYAN,;TEXAS AND. .; . . • . ' .• .. ... • •• . .. . ,. . TABOICROAD VENTURES LLC - - • . . . . . . . , . . . • . ' ) '' - This Altnicipal Services Agreement(u m Agreeent").I,entered into on ltit day of iOthii.0 • 2022 by and between the City of 13**,1 Texas home?xple municipal torporation( city) and Taber Roa.Ventures:LLC( Owner). i . .. : . . . . • • - . •.. ..RECITAIS - . . . . . . . , - s, . • • : . , , . , . , • . • The parties.agree that the following recitals are true and correct and form the basis upon . . • which the parties hayc enteredinto this Agreaneint. . . ,• . . . . . . • . : WU r02g.AS,,Section 43 API:of the Tel=Loeal Government Cade permits the City tn•pnnelt An .. arm if each owner of land in an area requests the annexation; - . . . . WHEREAS"Owner Owns a Certain parcel of land located et 28,98 FM 974, which consists of . approximately.9.132 fibres of land in the City's extraterritorial jurisdiction, such property being more • - particularly des bed set forth la ExhibitA attached and incorporated herein by reference("Property); .. • • - . • _ • . . , . WHEREAS, when the City elects.-to annex an area, Section 4.3.0672:of the Texas Local Govern:neat Code requires:the City to.first entrnito a written agreement with the property owner that sets forth the City gervidegtgliegovidedlorthe Property.on or after the effective date of annexation; . ., . . . . .. WHEREAS,City.and Owner desire to set out the City services to be-provided for the ProPetty, subject to final approval of annexation by the Bryan City Council; . . . . .: . . . NOW,THEREFORE,in exchange for the mutual covenants,conditions and promises contained pewit;City andQvoneragree-as.follows; . .. . . •• - • , • - 1.pRomay.'this Agreement is only applicable-to:the Property,more specifically described in Exhibit.A.• . . . • . . , •• . ' . - • - , .. . . ... , , • 2.INTENT.It is the intent of the City that this Agreement provide for the delivery of full,avefinhle municipal.bci%wcs to the Pitt/soil iii i**m.t.Inumq•with stutu law,whickillity be tivpinupliblicd tin uut,lt tuq• means permitted by law.. . . • .. • - . . : . . . . I.MUNICIPAL.SER!,VICES.Commencing en the effective date of annexation,the City will provide the , -, municipal services sot forth below.As used in this.Agreertient,"providing services"includes baying • serviced provided by any mednd or mmis by which the City may extend municipal services to any.other -area of the City,including The City's infrastruetnie extension policies and developer or property oVfocr participation in.aceordance"with applicable city ordinances,rules,regulations and policies.It is • • understood and agreed'that the Pity is not required to provide a service that is not included in this - . • , Agt:eenteat: - • • ' . . • ' .:- , a) •POLICE PROTECTION'. . • -• • :: .. . . . . . . • ' • ; • The City of Bryan,Texas and ita.Poliec Department will provide police protection to ' the newly annexed territory at the same or similar service now being provided to • .• . . . . . DocuSign Envelope ID:C5D8454C-D522-44AA-A83A-60A39506EC1D . . other areas of the City of Bryan,Texas which exhibit land use and population, . . densities similar to that eft&newly annexed area:The City's adopted ordinances' - extend to ibe newly annexed area'and are applied equally to all areas of the City based on the polierand wording of such ordinances.The average dispatch and, . • :- delivery time,equipment dedication to service areas,and staffing requirements are comparable to the average provided to other areas of the City of Diyaia,Texas which exhibit land use•and population,denSitienillar to that of the newly annexed area. • , . b) FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE • , The City of Bryan,Texas and ita Fire Department will provide fire protection and ' • ambulance Service to thekewly annexed territory' at the same dr sinifiar level of • service now being provided to other areas of the city of Bryan,„Texas which exhibit land nse and population densities similar to that of the riewl3',tumeied area. . Finthermore,the City of Bryan Fire Department will respond to all dispatched calls (including emergency medical services)and other requests for service or wistanee Within thenewly annexed area,the same as it would within other areas inside.the City limits of Bryan. tie City's adopted Fire Code shall extendto the newly • annexed arca and is equally applicable to all areas of the City. . . . ... e) SOLID WASTE COLLECTION • . • • , . , .. ,. , • . .- . . , . The City of Bryan,Texas and its Environmental Services Department wiltpnovide • • solid waste collection and disposal service to the newly annexed territory at the same .. or similar level of service now'being provided to other areas of the City nf Bryan, Texis which exhibit land use and population deditics similar to that of the newly annexed area. Asa fee-for-s.ervice the proViding of this service Shall be applied to the newly annexed area on an equal basis to that provided to the average and typical . comparable area of the City of Biyan,Texas which exhibit land use and population • • •densities similar to that of the newly=eked area, .. • - • - ' .. - , . . . . . „ . ti) . WATER DISTRIBUTION SERVICE ' ' . • . . .. . . - • . . ..• The subject property falls within Wickson Special Utility District Certificate of Convenience and Necessity(CCN),therefore City of Bryan;Texas and its-Water Services Department will not provide water distribution service to the newly annexed territory. . . . • . . . . , . . . e) WASTEWAT,ER SERVICE' — ' , .• . ' • . • . . The subject property does not currently fall within ajtrisdiction's Certificate of Gairvenienee and Necessity(CCN), therefore the City of Brian,Texas and its Water Services Department have the ability to and will provide wastewater service to the newly annexed territory. , . . . . All sewer service fa.cilities that may come under the City of bryan's direet . .. jurisdiction in the future;inelnding new-toadies•Nviuch may he installed by developers of land within this newly annexed territory,will be operated,maintained,• . monitored and lus.voted Pursnantto applicable policies andfor ordinances Of the City of BrYan,now'ekiating or as snob Policies andlor ordinances Maybe amende& . . . . . . : . • . , . . DocuSign Envelope ID:C5D8454C-D522-44.AA A83A-60A39506EC1D is) STORM WALLt t.MANAGBMENT • • City of Bryan regulations concerning storm.ivaterrnanagement will extend to the newly annexed ten itory,pursuant to applicable policies a_utifnr ordinances of the City of Bry now existing or as such.palicic s andlor ordinance§may be amended,and in . accordance with similarly situatedprOperdes within the City: g) •BUI[,l l`NG SERVIcg$ . . . • The D eiopment Ser.vices.Department's responsibility for.regtilathigbuilding • construction will extend to the newly.annexed territory,pursuant to applicable policies and/or ordinances of the City of Bryan,nomi existing Or as such policies . . - and/or ordinances maybe amended.This includes issuing building,electrical and plumbing permits for any new construction and i modeling,and enforcing all other appiieable codes which regulate building coitstruetion within the city of Bryan.. ,h) PLANNING AND OI' 1 LOP14 NT The Development Services Department's responsibility for regulating development end land use through tin.a 1mirn tration of the city ofBtyan Zoning Odinance;Land . and Site Development Ordinance and all other development:related ordinances u iIl ` • extol to the newly annexed territory.The newly annexed area will also continue to • be regulated under the requiremeuts of the City of Bryan.Subdivision Ordinance. . ELECTRICITY SERVICE Bryan Texas Utilities.(BT[I},a mi nicipal electric Utility,will provide;electricity service to the newly ant.exed territory at.the same of similar level of scn'icc now • . being provided to other areas of the City of riga!),Texas which exhibit land use and • population densitiess similar to that of the newly annexed area.As•a fcc,for:service • the providing of this service shall be applied to the newly annexed area.on en equal basis to that provided to the average and typical comparable area-of the City of • iltyan,Texas which exhibit land use and population densities similar id.that of the newly annexed area. - j) ROADS,STREETS,ALLEYWAYS ANiD TRAITIC ENGINEERING . • My and all'.reads„Streets or ailey.Vays in the newly annexed territo y which have bccn dedicated to the public lie maintained to the same degree and.extent that other roads,streets and alleyways ate maintained.ned. areas of the City of yan,Texas with sirnilar land use,population ddensity and topogiaphy+.Censtritetion anew roads attd.streets is the responsibility Of the developer or property owner desiring them and must-be designed and built in accordance.with applicable City:of Bryan codes and • , • st _ . I triicipsl maintenance of properly dedicated roads,streets and alleyways(which maybe installed by developer§of land within tins.newly annexed territory)will be. • consistent with such maintenance provided by the City of.Bryan to other roads, • streets and alleyways iu,arcae exhibiting land use,population densities and topography similar to that of the newly annexed area. DocuSign Envelope ID:C5D8454C-D522-44AA-A83A-60A39506EC1D The City of Bryan Public.Works Department will install traffic signs„,..itreet mailings .. • and other traffic control devices inthe newly annexed area as the need is eitablished . ' by appropriate study,pursuant to apPlicablepolieies,and/or ordinances ofthe City of , • Bryan;now existing,or as such policies and/or ordinances may be untended. ' - , . . The City of Bryan Public Works Department will install street name signs in the . - . newly annexed area.Under Current City of Bryan ordinances,developers arc responsible'for the cost of street TIM signs for new public and Private streets. . . . . . • -Bryan Texas Utilities(B:l'U),a municipal electric utility.will install streetlights in " • accordance with the utility standards of BTU,pursuant to applicable policies and(or ' - : ordinances of the City of Bryan„now existing or as such policies and/or ordinances maybe amended,Under current City of Bryan ordinances;developers are responsible •for the cost at streetlights in new silt-divisions. . . - . . • 'k) PARKS AND RECREATION . . . : • • , • .. . The newly annexed territory docs,not include any kriacti existing public park$, • playgrounds dr swimming pools width wepld come-under the City of Bryan's • . . • jurisdiction as a result of annexation.Residents or the newly annexedlerritory may . , " • use any and all'existing City of Bryan parks,playgrounds and recreational facilities • . • and participate in any and all programs,events,activities and services ale City of Bryan Parks and.Recreation Depaitnent Expansion of recreational:facilities and • programs to the newly annexed territory would be governed by applicable policies ' . and/or ordinances of the City of Bryan,now existing or as such policies and/or . ordinances may be amended. . . ,. . . • ' . , . . • . -. • I) WON- TAINING OTHER PUBLI4Y-OWNED FACILITIES OR.BUILDINGS . . . ., . _ • , S The..City Of Bryan,texas is not aware of the existence of any publicly'-owned facility . • • or building now located in the newly annexed territory..In the event any such publicly-owneil facility or building does exist and are public facilities or buildings, ••• the City of Bryan shall maintain such facilities or buildings to the same extent and - degree;that it maintains similar municipal facilities and buildings now incorporateil in the City of Bryan,Texas. . . . . 4..A.UTHO1U1,1.City and.Owner represent that thk-yhave full poWer„authority and legal rightto * execute,deliver and peribern their obligations pumant to ibis-Agreement Owner acknowledges that ' . approval of the annexation of Property is within thcsole jurisdiction el the City Council.:gothing in this - Agreement guarantees favorable decisions bY the City Council.-. i . . . .„. • . . ., . . . . S.SEVERABILT111.if term or provision of this Agreement is held to be illegal,invalid,or . . unenforceable,the legality,validity,or enforceability of the remaining terms or provisions of this.. Agreement shall not be affected thereby,and in lieu of each such illegal,Invalid,or unenforeeebletemi or - prevision,there shall be added automatically to this Agreement a legal,valid,or enforceable term.m- provisfon as similar as possible to the term or provision declared illegal,invalid,or unenforceable. . _ . . 6.1.1WERPRETATICAK The parties-to this Agreeinent covenant arid.agtcc.that in any.litigation relating to this Agreement„the terms and conditions of the Agreement will be interpreted according to the,laws of the State or Tex.as,The parties acknowledge that they are of equal bargaining power and that each of them • • .• was represeutedby legal counsel in the ncgotiatiop and&ailing of this Agreement, - • DocuSign Envelope ID:C5D8454C-D522-44AA-A83A 60A39506EC1D provision,there shall.be added automattcail1 oto this Agrecme t a:legal„valid,or enforceable term or provision:as simtla><as poss•ible to the l :or.provision declared.illegat invalid,or:unenforceable; • 6..INTE 'RETATION;"t'11c parties-tothis Agreement covenant and agree that=in any litigation relating: •to this Sgrescut n,the terms turd con Irons.of the gr tent v�ll beu grctcd aecordmmg to tE a l iw of the State of Te:ras,fide parlii 'acknnowledge.that they:are of equal bet tong power and that each ofthem Vsr s represe tted by legal cou set in the°negotiations nit ilraftglg of this;#agreement: •7 GOVERNINGcOvERNINOvim AND VENt$4,-Texas law governs all adversarial.proceedings nrisa?gout of t ie subject matter ofYthis Agreetttent.Venue shalt be in the court ofapgrogrtate jurtschdion m Brains. . Texas 8:GO NYI A OWE S ItitOix ec#041 thatWerkeouttt n•ii thin tt; en he',C trdo •not waivo or sarreiidrr• airy of its g+verittiieittal powers:or itrirrtanities, • O.COu `TERPARTS.The.l gceement may be::executed in: :number of counterppits each of whi h shill be deenled .constitute one and.the sarne:instriniet. • 10,CAPTIONS:The captions-to-the ions clauses of this Ageegtent are to...informational purposes only and:shall'net altair the substance tifihee terats'2i :condttiOnsoi- s Ageenientt: • 11:NO YAIVER.The failure of either party to insist upon:tlie performance of iy term or provisions of tits'Agreement or to exercise,any;right granted hereunder shill not:000tute a waive;of that patty's right-to_xnsast.upon appropriate perfvrttiance or to-assert any such rider on any.future occasion 12.AGREEMENTBI ItD$.&UCCESSORS A1g RUNSWiTH THE LANK-Thus Agreementis bidding on and mutes o the benefit�ofthe parties,tbiir successors and a$signs,T term of this .Ageemcnt constitutes covenan land comprising the Property isl itidtng onto:Owrtr; 3:EN IRE AG'RE£METIT:'I'his'Agreement constitutes t e entire ement bet oCu the:,parties and' supersedes all priororal and written.agreements between said parties.'No oral linitie.ritzoidii0,statements, proini ,or lnduccmcins contrary tv the terms of this A meet east.This Agreement shall not°_ amended unless c ecuted to v ri.ung hybathparties:. ' Executed as ofdie.day-and yearfirst above:written to.he effective oclin the. t e date.of anew ation ofthc: opetty.• • •C1TY`._4E BR ANC } (O NER): By • - .• By.K .Register, ainager N '':aa�R 'tC G��c^i "r• ' n ':title: :APp id-as to Form . • • Thotat `•A..Leatc.:_ .,`ty. ors DocuSign Envelope ID:C5D8454C-D522-44AA-A83A-60A39506EC1D • Attest, .• • . ". • City'S.e;...-retary $6.1.1**"'114* • •Cuó1Bzos 1 • This instrument was acknowledged before me on the day of Orin by Kean Register;City Mannger-Ot Bryan,atexas monicipaltorporation;on behalf of said carporation. . •• .. ,• al gl•:".2tC4684;468°..577!°eR27 -erigk4%•, CHRIStIvA'• . . - By: " • • • . . 4,tifs4 Texas • 600 of Texas Conn:trot BrizOS.• . this,iroyapot•yyls knoy4elged before.me the fit-kday of SIc 4 2022,by . • -371441:..ii)i „ . (Nan) on behalf°.said —r• le.fett7 ,tie-ffiArKisurki4tit. • coif**oritidiVi *14 applie410 • . . • • . • . itoicy-Randy-wail 138941 41ba. L Mairii ilqoty Public,State of Texas 11-1023. • , AftOfRecording ft:0VA to . ..• . . Cit)i:SOttari Cltr Bryan 300 touthIrit;icisAvOne. Biiiii4lexas 7.180 l• •• • . • • • DocuSign Envelope ID:C5D8454C-D522-44AA-A83A-60A39506EC1D i'mtufi op BONDS DESCRIPTION OF.PROPERT'Y TO BE:ANNEXED INTO. CITY jf • ..•• -• , •• .. . Fir40.10Tis IggRIPTION • U.R VET!N 0;40a TRW . • - " . . ...• . „ , .GTEPRER AUSTIIiiiiinft1051111VEY•ABSTRACT 03!' •. • • • • BRAP5 tbWitt, . . A rfogniges:pstotmeit RE 9 131:#1045 Di*WIEN p,ilus!Ott.f1441tfidOnvOtiliri30153d11:-WPs. etitgilit.TEXAS,BEING Ali Of,A(400:10Ati*JOItt of 60 toNvEvitOtii Wass caLEmvowME ilit let es s 0E10E00 fit'COROS OE 011AZO5t0101Y—TEXAS- tuRarry- sm. 1 13Z AM BERG MOREPABTKUIARLY DEMOB BY . _ . . . . . . . •-MEM AND. B1005 ASIOLLOANS: • • . . . . 0001111a.at. bent On..th.t Sio1heastriyht•of.vtgo1 Teti-fitrAd4etollti Madre"fload.•974. 1.0016911i1114001X00.1-111.04,0•ro.or*Oho northwest Etre of said.St*ft E....Aittlin league#10:501reg,A,63, 44010100.60g41440111410000,*(40.Stinteik.i,•marklit fit.owg06040;paiiii01P0e-tOi9ifiv.60:- 10'fihii.o.ctilifi**0;.14:::4i110***16kfoO14.0.61.ttelaffidil PiOkilizesiil.i6t.0*(ottA:TexaS(Oi,ERET) and the.o.orth tether Oiseitf0,99 aDreirett.lreing tho north carnethereori • ... • 11190;Ea`vtithitti:SoOth4/41ile of 901 odaftad,G49103 Zfr Ee44tence 840 feet,. .340./ 0 13‘144.to a pavil jii the not‘ost Noe de caged 12:45 acteitact.ctio1.4od to Tracy Liottbs and 1)01O-110aft:1-tib6:11,yohtitte091,1iitioM(01i.11Bi1 s.4•13bint hairyitha.Srnith•Onlot it Ord 901 acte trt iforti which ripe•:(0414t'.?eatS449€'03".q'1)Va tfiSteoft of 1)?0.10it from said int aTso foi-jefeteicke 1 hid,: •itortho."Ektitid"leariti aifistaoto cml•439,37.kolitom sad poiot; TIM 0.11t ogrottyo pn.0.0 gos.4 .tract:SIT sss yi ag4ho- 454ifotoi§d et.gegvr,..44.0,3 ,fegOiatessO,SO:foi:OWi toAdalfa Goirea1#etidilot51ttc.trie:itiii.oluine0590..Pap 280(611.8iTi k.said 90ii?. t.re tOci helm 61s:4-atid.i.r,, . • and0a4,b1 1.0103:04111Ocli1,.aS 000.0 thi Vatmn fl bIisicc PM Of400aitsgt$5o1fdOsstOirdeil in..' ott 1( EthThe; stlina Ismid9 acre trapt,4pngor .ic silhtratitiqJiin1t oottArgig-tbe. netlheait 144 titsOld:052.tictestract;e:Olted 6094ctiitoil tOrrityed Ili god ,• of Lots 1.3,Blockl.ot said tone Oak Acreitib'd(318.673 fiat),lot 1-keiciiir id'one BakittesStitidivisiervos defrided on!We 1001 rgcogkilin Volume 513,Page_717 pRozn,scat R,slotk iitatogifidO.apiOptig of tire0e1t*S tecotifed• 14.1141.11i285.53,69010:POCIL ai#19011ed one 1ait acre tract conveyeilltb BatOefitiE rotiettei and 11;;Atiia,k . (nL in)1.o1urte 944.„NO 104(0PRAckli 4 3l34 Wa diStonce.of 80923,feet itseliod,t1 46w4t*-139113.leet 30/6561Atalteapaintarmid itnithmo6ht-1;14trog tiokbeing otter peer said Orig*suoro4110e,fttiroltilph alp DocuSign Envelope ID:C5D8454C-D522-44AA-A83A-60A39506EC1D intilift)4111dfound1300ts ft 10:3i‘ roko fmtaocp of 025:teil;f us tElertc0;4 la init.,from tudifatout oo saW spitthEiost light:411m*if'otaioNt a 07*.VO 44*-itif 201A:fittlioni Saki peilit . . • - Tafaitk" vAth.soi. saftOst ofiabotfload4atrit 1044nOiti•974.Pew 0919.siiii 00101540g -24`.UT Ea Ottiti • 444:0filit 11:10 t.:444 fitf;:340456 DKICT).tit'the',WIT IttP.0E60004 1140.1- ittl.(Ofifaittioalgatislici*Ooit Or fess: nte • Oh Iiii.griNi*tilig. 022.66iiii*iiii001SitiO*1141.tifooiA,:riftiO*for bOtioloitiOtiOR.The benog ••.•• hack iiit this suive sbd oti:If*W4tOte OttlifitMe kstgOte01.1993(WA OtttratZone,tria:*iba5 estab1islwK1.from.OM 04g.!'44(0D10Oces•desctihetllt.grOt aresutfac -41koms:To ofga.4n gñd distanctl'.Cottfgriti a446iltie 17j:401404 444 i4df-01,012,011113m10:40ciilaled • • • • • orooktfrotaliOzzliti4 • , 3x.. •ipc,,A, MICI;IWg00:.E7$4." - • 7(7/22 .*:$6 •e1/453t • jLJ • ';11•4'0-:- is414‘, . • -r- • •••• • 060004 kokisSipi41.04 5'tovAi4jot)11;531 • • • • DocuSign Envelope ID:C5D8454C-D522-44M-A83A760A39506Eq1D 'EXIMIT;I:'PROI*11iTY Tg BE ANNEXED 119To'crry:LIM11$ . . • • • - •. • • .- -- - • 14F . . • lkk, ..i,I. - • . •-..4.‘4:::': ; . . • . • ' • •:".::: 1 ta.: . . . . .., . .. .. • . •• II ... .,. ..: ::. . .... . . . • •...... _ . . • ..,.: • .-..:.....::::,•,.., : .„. . • lii . 17'. . . ., ... , .. i' • ••'.:::: • , ...., 1 . 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I .it . •.70. • :.: .. • . •: ::,- I . .. . . •...• - - DocuSign Envelope ID:C508454C-D522-44AA-A83A-60A39506EC1D Exhibit"C": Development Requirements for Planned Development—Industrial District(PIM) H&W Rickhouse Planned Development District GENERAL PURPOSE AND DESCRIPTION The development requirements for the Planned.Development —.Industrial District (PD-I) for the H&W Rickhouse, hereinafter called "the district" or "this.district", is intended to guide-land use planning and physical development on the subject property. This development plan is envisioned as a tool:to facilitate appropriate future development of the property,strengthen the area's economy,.and to promote.the general. welfare of the community. Section 1::Definitions 1. Words,terms and phrases in this Development Plan shall have the meanings ascribed to them in Bryan Code of Ordinances Chapter.130,Zoning,-with the following additions: . a. Grain-storage facility — in this district, the term grain-storage facility means a system that is designed,structured and equipped-to receive, clean,dry;store,process and dispatch.grains-and/or seeds. Storage in silos or warehouses equipped with thermometry, aeration and other-resources helps maintain grain quality:, b. Manufacturing operations—in:this district;the term manufacturing operations shall mean various processes including'but not limited to, inventory.management, materials.requirement planning, supply chain management, sales management,production cost,and quality control needed in order to produce goods for end users.Manufacturing operations shall not include retail sales. c. Office/warehouse—in this district,the term office/warehouse shall mean-an establishment with a minimum of 90 percent of its total floor.area devoted to storage and warehousing,butnot:accessible. to:'the general public. d. Rickhouse—in this district the term rickhouse shall mean a structure designed and used solely for storing and aging distilled spirits. -.2. Words,"terms,and phrases that are not expressly-defined in these development requirements and/or in the Bryan Code of Ordinances have their..ordinary dictionary'meanings,based.On the latest edition of Merriam-Webster's Unabridged Dictionary. When not inconsistent within the context, words used in the-present tense include the future;words used in the singular number include the plural, and words used:in:the-plural number include.the singular. .SECTION 2:LAND USES 1. The continued use of land permitted in this District shall be limited to the following uses:: a. Essential municipal use b. Grain-storage facility c. Manufacturing operations d. Office/warehouse . • e. Office f. Rickhonse DocuSign Envelope ID:C5D8454C-D522-44AA-A83A 60A39506EC1D SECTION:3:LAND AND SITE DEVELOPMENT 1. Physical development in this PD-I District shall comply with development standards and limitations of the City of Bryan Code.-of Ordinances that generally apply to development on, properties zoned Commercial District(C-3),subject.to additions,-modifications or exceptions described.herein. 2. The following additional standards'or exceptions shall be applicable to the physical development and continued use of land and buildings-in this PDT District: -a. Outdoor storage of materials and goods: i. Outdoor storage shall require approval of a site plan by the City's Site Development Review Committee (SDRC) -in accordance with requirements for site plan approval for nonresidential:;and multifamily developments of.Bryan Code of Ordinances Chapter 62: The site plan must show dimensions and location of the proposed limited outdoor storage area.Limited outdoor storage shall meet all thefollowing standards: a) Outdoor storage shall not be more than twelve (12)feet in'height and shall be completely screened from view from any public right-of way, public parking areas,or adjacent residential development by a 100 percent opaque visual barrier or screen. b) Outdoor storage shall be located at least fifteen(15)feet from-any public right- ofway and for any abutting residential use. c) Outdoor storage may be located to the side of a building so long as it is not located within_a minimum required side building,setback area. d) Shall be set back from..the public right-of--way ten(10)feet for every one foot of storage height; 3. Outdoor-lighting. Unless otherwise expressly stated, the provisions of this section'shall apply to all outdoor lighting except public streetlights, The purpose of these standards is to assure public safety, utility and security of private and public property while'reducing and minimizing the impact of outdoor lighting-on views of-the night sky and adjacent properties by minimizing glare, obtrusive light and artificial_sky glow and limiting outdoor lighting that is misdirected,excessive or unnecessary. a.. In-this district, outdoor lighting:shall not exceed the following levels: i.. 0.50 lumens at the property line if the subject property abuts,a residential district.or a lot. ,containing.a,residential.use;or ii. lumen at the_property line if the subject property abuts a nonresidential district or lot containing a nonresidential use or at.the right-of-way line. b. In this district,outdoor lighting shall conform to the following-standards: i.: Outdoor1ighting shall not exceed the following heights: a) Light fixtures in parking lots shall not exceed a maximum height of 24..feet;and b) Pedestrian walkway fixtures shall not exceed a maximum height:of'12 feet. DocuSign Envelope ID:C5D8454C-D522-44AA-A83A 60A39506EC1D ii. All outdoor lighting shall be shielded and provided with cutoff fixtures that are designed to have a cutoff angle of no more than.90 degrees. 4. In this district,provisions regardingbuilding design of the City-of Bryan Code of Ordinanees-Chapter 62 shall not apply. 5.. Should there arise a circumstance where these PD-I District development standards are silent,then the same standards that.generally apply to properties;in Bryan zoned Commercial.District(C-3)shall apply. 6. Off-Street Parking and Circulation.- a. Minimum Off-Street Parking—One(1)off-street parking space per.2,000 square feet of gross floor area,or one(1)off street parking space per each two(2)employees on the largest shift.. b. Off-street parking areas shall not be used for the commercial sale, repair, dismantling, servicing, storage or display of vehicles,equipment,materials,supplies or merchandise. c. Driveways and:loading areas, in addition to off-street.parking and maneuvering areas; shall be paved with an all-weather surface of asphalt:or concrete: 7. Required Buffer Area.Where this district abuts property in detached residential use along a mutual side property line,there shall be observed a 30-foot deep non-development buffer area from that property line.The purpose of this non-development buffer area in this district is'to help mitigate noise,lighting, and other possible adverse impacts on adjoining property.No:development.shall be authorized within this required buffer area except for required or permitted landscaping and screening. The required buffer area is depicted on the Development Plan attached as Exhibit"A". .8. Required Screening,Where this district abuts property in detached residential use along a.mutual side property line, a solid screening device constructed to City standards shall be installed along that. 'property line. Screening requirements must be observed at the.time of site development.Alternatively, landscaping maybe used for screening if plant,materials used are a minimum of four(4)feet tall at the time they are planted.Any plant materials used.for screening-purposes shall be of an evergreen nature and shall.be of sufficient height and type to completely block the:view of.materials., commodities'or equipment stored from-adjacent residential properties. The purpose for the screening is to provide a visual barrier between the properties.The owner of the property within the district shall be responsible for and shall build and maintain the required screening device. SECTION 4: SUBDIVISION OF LAND 1. The subdivision of land in this PD4 District shall be in.accordance with Chapter 110,Subdivisions,of the City'of Bryan Code of Ordinances,with the following exceptions or additions to ordinary standards: a. No more than two (2) lots.shall have sole access to a:public right-of-way only by means of a joint access easement. DocuSign Envelope ID:C5D8454C-D522-44AA-A83A-60A39506EC1D Exhibit"C-1": S. \- -lays e. 1: g° l!,1 i liii ill : R , .0)1.0 1;" 8:- lia . 4 / ./04, " � � s � s i/'.: ilitit JPA ':\s f`, l0ii a:• �T;y I • gyp.'. 's 1:11 YAK as `+- Nef a'% .1 ' '1 P \\ s ADO 0/ ' r ` y' 4 g f Ry li* t ',I'44 i :!1,e — lix,,,,p4. ,..; ,i.:,„,:,•;12.2 .-' ,-'ee • N 4 A- &i,"1 .- /:.:7---74,:— '-'4,--'.!'"fi° ;II-- '-' % .:" 51; B.-&15 / . ag ss.- � 3 V ftj'►i ' ' '1 al.Lt \ ,J'P 44 i, r '� s' J' l� =A Is ,fit:....,, 4_ . ,. `,A a e s. .1 ORDER DIVIDING ONE ELECTION PRECINCT AND CREATING ANOTHER ELECTION PRECINCT WHEREAS, the City of Bryan approved Ordinance #2590 annexing 3.08 acres of land located in Voting Precinct'27; and WHEREAS, the new boundary lines of the City of Bryan do not follow the existing election precinct lines created by Brazos County; and WHEREAS, Section 42.007 states "A commissioners court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and unincorporated territory outside the city"; and WHEREAS, the Commissioner's Court is desirous of complying with the City of Bryan city limit lines, and the Texas Election Code; and WHEREAS, compliance with the Texas Election Code requires the division of one (1) voting precinct and combining the annexed portion into another voting precinct or creating a new election precinct; and WHEREAS, Section 42.007 of the Texas Election Code provides for combining election precincts and creating new election precincts; NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS,that Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 27 be divided to follow the City of Bryan city limit lines in Brazos County,Texas,to wit: 1. Election Precinct 27 be divided; 2. Election Precinct 110 be created to follow the new City of Bryan city limit lines. ADOPTED by the Commissioners Court this 27th day of August, 2024 by a vote of 5 AYES and O NAYS. 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DocuSigh Envelope ID:99DODB1D-81FB-42FF-BAD4-E83FA7552F37 Exhibit"A-1": /, ///" 'ram 1 ,/ �� '• • �`a, 2.8i acresto be annexed •\ \'� `O ` into City limits >, •�`* / ,. \1 . J '/ -' • o.27 acres of Cole Lane right-of--way to be annexed into City limits • ;�,� /' ti f / •t. \: \ r: 5-, DeQ P ;4 ` �s .h /// \ '1 w/ /'/r t• , . �\ ,,,, N ‘•-, , \ / ,. .,... Page 6of15 DocuSign Envelope ID:99D0DB1D-81FB-42FF-BAD4-E83FA7552F37 ORDINANCE NO.2590 • AN ORDINANCE OF THE CITY OF BRYAN,TEXAS,ANNEXING 3.08 ACRES OF.LAND OUT OF THE MARIA KEGAN SURVEY,ABSTRACT NO. 28,LOCATED APPROXIMATELY 1,500 FEET NORTHEAST OF THE INTERSECTION OF COLE LANE AND STATE HIGHWAY 30 IN BRYAN'S EXTRATERRITORIAL JURISDICTION (ETJ) IN 'BRAZOS COUNTY,. TEXAS, LYING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF BRYAN;FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO.RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL_AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A•SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Bryan,Texas is a'hoine-rule municipality authorized by State law and the City•Charter to annex territory lying adjacent and contiguous to the corporate limits of said City. of Bryan, Texas; and WHEREAS, in accordance with Local.Government Code Section 43.0672, the City of Bryan. entered into a municipal services"agreement, attached hereto,on August 18,2022 with Elizabeth Stewart, owner of 2.8.1 acres of land'outof the Maria Kegan Survey,•Abstract No. 28, located approximately 1,500 • feet northeast of the intersection of Cole Lane and State Highway 30 in Bryan's extraterritorial jurisdiction (ETJ)in Brazos County,Texas; and . WHEREAS, in accordance with Local Government Code Section 43:106, the 0.27 acres of adjacent County right-of-way for Cole Lane is included in the annexation request;and . WHEREAS,one public hearing has been held during a regular meeting on October 142022,and ...as required by law;-in the Council.Chambers of Bryan's*Municipal Office Building located at 300 South Texas Avenue,Bryan,Texas,where all interested persons were provided an opportunity to be heard on the. :requested annexation'of property and territory hereinafter described;and WHEREAS, all notices of such public hearings have been issued as required by law and•all hearings held within the time required bylaw;and • WHEREAS,the:hereinafter described property and territory is not within the boundaries of any other municipality,lies within the extraterritorial jurisdiction of the.City of Bryan,Texas,and lies adjacent to and adjoins the present boundaries Of said City of Bryan. • NOW, THEREFORE,.BE IT:ORDAINED BY THE CITY COUNCIL OF THE.CITY OF BRYAN,TEXAS: • .1. . That all of the above premises are found to be true and correct and.are incorporated into the body of this ordinance as if copied in their entirety. Page 1 of 15 DocuSign Envelope ID:99DODB1D-81FB-42FF-BAD4-E83FA7552F37 2. That the properties described by metes-and-bounds on Exhibit"A"and depicted on Exhibit"A-1" are attached hereto and incorporated herein for all purposes, said territory lying adjacent to and adjoining the present boundaries of the City.of Bryan, Texas, be 'and is hereby added and annexed to the City of Bryan,and said territory hereinafter described shall hereafter.be included within the corporate limits of the City of Bryan, and the present boundary lines of said City are altered and amended so as to include said area within the.corporate limits of the City of Bryan. 3. That the municipal service plan attached hereto as Exhibit "B" is hereby approved and is incorporated into this ordinance as if it were recited herein. 4. That the annexed'territory described above is a part of the City of Bryan for all purposes, and the property situated therein shall bear its pro rata part of taxes levied by the City of Bryan,and shall be entitled to the same rights and privileges,bound by the same duties and responsibilities as other property within the corporate limits. • 5. That the inhabitants residing and owners of property within the confines of the annexed territory shall be entitled to all the rights and privileges of all the other citizens and property owners of Bryan and shall be bound by the Charter,Ordinances,Resolutions and other regulations of the City of Bryan. 6. That the official map and boundaries of the City of Bryan,Texas,heretofore adopted and amended, shall be and are hereby amended so as to include the aforementioned territory as part of the City of Bryan, • Texas. • . . '7. • That Chapter 130 of the City.of Bryan Code of Ordinances shall be and is hereby amended so as to zone the 2:81 acres of the aforementioned territory Residential District—5000(RD-5)upon annexation. 8. That if any portion,provision,section, subsection,sentence, clause or phrase of this ordinance(or the application of same to any person or set of circumstances)is for any reason held to be unconstitutional, void,or invalid,the validity of the remaining portions of this ordinance(or their application to other persons. or sets of circumstances)shall not be affected thereby, it being the'intent of City Council in adopting this ordinance,that no portion thereof or provision contained herein shall become inoperative or fail by reason, of any unconstitutionality of any-other portion hereof,and all.provisions of this ordinance are declared to be severable for that purpose: Page 2 of 15 DocuSign Envelope ID:99DODBID-81FB-42FF-BAD4-E83FA7552F37 9. That this ordinance shall take effect immediately upon its final reading and passage. PASSED,ADOPTED,AND APPROVED.on the 11t.day of October 2022, at a regular meeting of the City Council of the City of Bryan,Texas,by a vote of 7 yeses and 0 noes. ATTEST: CITY OF BRXAN: S{'uarec. QVI.�,htW IA,tSblti. Mary Lynne Stratta,City.Secretary Andrew Nelson,Mayor APPROVED AS TO FORM: o. Thomas A..Leeper,City Attorney• • • • • • Page 3 of 15 DocuSign Envelope ID:99DODBID-81FB-42FF-BAD4-E83FA7552F37 Exhibit"A": METES AND BOUNDS DESCRIPTION Being attact of land containing 2.8094 acres in the Maria Kegans League„A-2,8,Brazos County, Texas,being portion of the 3279 acre tract,as recorded in Vol. 14295,Page 30,of the Brazos Cooney Official Records(B C,O.R_),and including a part of the 6,42 acre tract as recorded in.Vol. 11893,Page 44 of the 13.C,O R..All bearings ofthis survey are refereneed to the Texas State Plane Coordinate System,Central Zone,NAD83(20l I.)Epoch 2010,and boundary referenced to 1/2",3/8"and 5.13"iron rods called for and found as noted in the previously recorded deed,and as surveyed on the ground on July 20th of 2022.This description is.also referred to the plat prepared by ATM Surveying,Project No. 2022-04409,and being more partieiilarly described as follows: • BEGINNING at a 1/2"iron rod found.for a southerly corner of this tract,also being the cast corner of the,Parrish Johnson called 3.00 acre tract,as recorded in VoI. 1.5385,Page 23 of the B.C.O.R.,also being a point in the northwest ht-of sway line of Cole-Lane(Variable Width R.O.W.),from which a sir iron rod found bears S 52'37'33"E.a distance 015530 feet for reference; TRPNCE along the common line between this tract and said Johnson tract,for the following calls: • North 48°01'36"West,a distance 01335.77 feet to a tl2"iron rod with maroon plastic cap marked • "RPL5 6132-ATM SUM"'set for ahead in this tract; South 54°57'34"West,a distance of 106.69.feet to a point for corner in the southeast:line of this traot; THENCE,severing said 3.279 acre tract,for the following calls: North 46°09'56"West,a distance of'88.79 feet to a point for corner for a bend in this tract; North 50°19'02"West,a distance of 53,79 feet to a point for corner for a bend in this tract;. North 50°19'21"West,a distance of 5.41 feet to a point for corner in the northwest line of this tract, also being a point in the southeast line of the Shirley A.Kcosvn and Kimberly D.Lytle called 4.97 acre tract,as recorded in Vol.426 8,Page 329 of the B.C.O.R.; THENCE North 41'59'51"East,a distance of 179.62 feet along the common line between this tract • and said 4.97 acre tract to a 318"iron red found for a point in the northwest line of this tract,also being the south corner of the Robert D.Poole II and Victoria M.Poole called 5.01 acre tract,as recorded in Vol.12925,Page 73 oldie B.C.O.R; THENCE North 42'12'06"East,a distance of 132.69 feettn a along'the common line between this tract and said Poole tract to a 518"iron rod with yellow plastic cap found faded for the most northerly corner of this tract,also being the west corner of the Ronnie.Joe and Fonda Lu Wilson called 3.53 acre ' tract,as recorded.in Vol,1835:,Page 1,60 of the B.C.O.R.; THENCE along the conanxon line.between this trace and said 3.53 acre tract,for the following calls: South 4S°02'02"East,a distance of 336.50 feet to a.calculated point in the northeast line of this tract, from wvbirh a.I/2"iron rod with blue plastic can marked'OFFSET-RPLS 6132"set for reference beats S 56°01'40"NV,a distance of 0.79 feet; THENCE along the conarnolt line between this tract and said.Cole Lane,for the following calls: South 41°57'42"West,a distance of 36.91 feet to a 11?"iron rod found.for a point in the southeast line of this tract; • South 41°59'50"West,a distance of 59.09 feet to a 1 i2"iron rod with m.'atoon Mastic tap marked "RPLS 6132-ATM SURY'set for a point in the southeast line of this tract; South 41°56'40"West,a distance of 112.93 feet to the PLACE OF BEGINNING containing 2,8094 acres, Page 4 of 15 DocuSign Envelope ID:99DODBID-81FB-42FF-BAD4-E83FA7552F37 FIELD NOTES 0.27 ACRES OF COLE LANE METES AND BOUNDS DESCRIPTION Being a tract of land containing 0.2733 acres in the Maria Kegans League,A-28,Brazos County, Texas,being portion of Cole Lane,also being the portion of the road opposite the 3.279 acre tract,as recorded in Vol.14295,Page 30,of the.Brazos County Oicial Records(B.C.O.R),and including a part of the 6.42 acre tract as recorded in Vol.11893,Page 44 of the I3:C.O.k.All bearings of this survey are referenced to the Texas State Plane Coordinate System,Central Zone,NAD83(201 I).Epoch 2010,and boundary referenced to I/2",3,/8"and 5.58"iron rods called for and found as noted in the previously recorded deed,and as surveyed on the.ground on July 20th of 2022.This description is also referred to the plat prepared by ATM Surveying,Project No,2022-04409,and being more particularly described as.follows: BEGINNING at a 1i.2"iron rod found for a westerly corner of this tract,also being the east corner of the Parrish Johnson called 3.00 acre tract,as recorded in Vol.15385;.Page 23 of the.B.C.O.R.,also being the smith corner of said 3.279 acre tract,also being a point in the northwest right-of--way line of Cole Lane(Variable Width R.O. ''.),,from which a 518"iron rod found beats S 52°3713 E,a distance of 55.30 feet for reference; THENCE along the common line between this tract and said 3.279 acre tract,for the following calls: North 41°57342"East,a distance of 112.93 feet to a l/2"iron rod with maroon plastic cap marked "RPLS 6132-ATM St/RV"set for a point in the northwest line of this tract; North 4l°57'52"East;a distance of 59.09 feet to a 1.f2"iron rod found fora point in the northwest line of this tract; North 41°57'42"East;a distance of 36.91 feet to a lit"iron rod with maroon plastic cap marked "RPLS 6132-ATM Sl7RV"set for the most northerly corner of this tract,also being the south comer of-the Ronnie Joe and.Ponda Lu Wilson called 3,53 acre tract,as recorded in Vol.1838,Page 160 of the B,C.Q.-R.; THENCE South 464'57'26"East,'a distance of 58.97 feet severing said Cole Lane to a calculated east corner of this tract;from which a 1 "iron rod found bent bears N43'02'34"E,a distance of 72.01 feet for reference,also beluga point in the northwest line of the Jennings W.Elliott and Emma Elliott called 4.12 acre tract,as recorded in Vol.996,Page 90 of the 13.C.O.11 ; THENCE South.43.°02'34"West;r distance of208.89.feet along the common.line between this tract and said Elliott tract to a calculated south corner of this tract; THENCE North 46°57'26"West,a distance of 55.03 feet severing said Cole Lane to the PLACE OF BEGINNING containing 0.2733 acres. I ($...... e'i"; \-kc.k,;+.ci ADA0 Lid r:�k.♦,e..q.3 Adair)Wallace Teas Registered`etofessional Land Surveyor #1017;34-00 22 44409-Cate tone -4797=repla6part of colt lane=LEGAL. . 12012022 Page 5 of 15 DocuSign Envelope ID:.99DODB1D-81FB-42FF-BAD4-E83FA7552F37 v Exhibit"A-1": ON� 2.81acrestobeannexed ' / `` into City limits '� \ ",\ `, ' ! 1J f \ ..:. / `\..' �` \ 1. ,,• 0.27 acres of Cole lane right-of-way - �. �' to be annexed into City limits ,,Ns ♦ tf 4. \` \ f!' \ 1 \ •r ,\ tiara a#, a P"` k\ \i• i � �� rt r ; Page 6 of 15 DocuSign Envelope ID:99DODB1D-81FB-42FF-BAD4-E83FA7552F37 Exhibit"B": . .. . , . AIM. ICIPAL,SERVICES A GREEIVIENT . ".- .. . • , - • - BETWEEN.THE CITY OF illi.Y.A.N,TEXAS AND - . . • .. ' • . ELIZAtE111.STEWART • • • . • . '. . ThislluniciPal Services Agreement('`Agreement")is entered•into on AIX day of...a.y... - S _ •, . • . 2022 by and between the City of Bryan,'a Texas home-rule municipal corporation("City ) and Efiiabeth StOurt("Owner'''. • •- . . . . • ArCITALS • ' - , . . . • . • • . • . . • • . - • The agree that the follov.ving wants are true and correct and form the basis upon whiCh the part have entered into`this Agreement. - - •. , • WHEREAS,Sectinn 411)671 of the Texasi Jecal Government Code permits the City to annex an area if each owner of land in an area requests the annexation; . . WHEREAS,Owner owns a certain parcel of land located at 4797 Cole Lane, ivbich.consists of. approxiinately 2 81 acres of land in-the•Cites extraterritorial jurisdiction, such property being mere • particularly described and set forth in Exhibit A attached and incorporated herein by reference("Property"); _ • . . ,. WHEREAS,when the City: elects. to annex .an area, Seetion 43.0672,of the Texas Local Goverrarient,Code requires the City to fist enter into,a written agreement with the.property owner that sets forth The City•serviees tote provided for the:Poverty:on of after the effective date of annexation; -• . . . . • . • . WHEREAS,City and Owner desire to set out the City services to be provided for the Property, subject to'final approval of annexation by the Bryan city Council; • , . ' ilifk THEREFORE,in exchange for the mutual.covenan ts,:conditions and promises contained . • herein,City and Owner agree as follows: • . , . , • . . . . , . 1.PROPERTY,This Ageemeotis only applicable to the PiopettY,moit.speelfteally described in - ahibit A. . , . . . .• - • . 2.INTENT..It is:the intent of the City thafthis.Agreement provide for the delimy of full,available municipal services to-the Property in accordance with state law,winch may be accmnpliShedtbrwah any means permitted by law. . . . ._•• . , • _ . • • . , . . 3.IVIUNICIPAL.SERVICES.Commencing on the.effective date.of amtexation„the City will provide the . • mariteipal services set forthbelow.As used in this Agreement,"providing services"includes having •, services-provided by any method or means by which City may extend MuniciPal.services to any other area of the City,including the City'S infrastrticture extension policies and developer or property owner • participation in accordance with applicable City ordinances,rules,,regulations,and policies.It is understood and agreed that the City is not required to provide a service that is not included in this • Agreement • , . . . . . . .. . . a) POLICEPRUIECTION . • ". . •. - .. • . ... - . The'City of Bryan,Tons and its Polio Dopattnictit*ill provide police protaction to : . - the newly annexed territory atite.same•or similar service now being provided.to - . . . Pago 7 of 15 • DocuSign Envelope ID:99DODB1D-81FB-42FF-BAD4-E83FA7552F37 • Other:arms orthp City of.i:ryan„Texas which exhibit land use and population, densities similar to that of thc neWly mugged area.The Cityis adopted ordinances 0,3rtend to the newly annexed area and are applied-equally to all arcas of the City 'based on the policy and wording-clutch ordinances,The average dispatch and delivery time equipment dedication to. service areas,and staffing requirements arc • eomparahle to the average provided to other areas of the City of Bryan,MIMS Web exhibit land use and population(103141i:0.S Shrdifir t.Ct that of the newly Annexed area, b) FIRE PROTECTION ND ENERGE:1%1CY taDICAL SERVICE „ The City of Dean,Texas and its Fire Department Will provide..9n,prottetiontutd ambulance scivieetothenewly annexe4 terrltory at the same or similar level of service now being provided to other areas of the City of_Bryan,Texas which exhibit '• land use and population densities.similar to that of the newly annexed area. • • Furthermore,the City of Bryan Fire Department will respond to all dispatched leans • (including emergency medical services)and other rcquests for service.Or assi4tance . within the newly annexed area,the same as it would within other areas Inside,the " City limits of:Bryan. The City's.adopted Fire Code shall extend tO the newly annexed ma and:is equally applicable to all areas of the City. - . . „ e) - SOLID WASTE COLLECTION • • . The City of Bryan,Texas and its Environmental Services DepartmeHnt will provide waste.collection and disposal service tothc newly=vexed territory at the saline or similar level of service now being provided.to other areas of the City of Bryan, Texas which exhibit land use and population densities shnilar to that ofthe newly • annexed area. As a fee-fomervice the providing of this service sh_all be applied to the newly annexed area on an equal baSis to Illat provided lb the average and typical cormarable!Imp-rate City of Bryan,TWOS Which exhibit land use and population densities simjlar to that of the newlyannexed area„ • d) 11,,r.ATFeR DIFTRIERITION SERVICE • The.subject property fails within Wickson Special Utility District Certif eat?of - Coavenience and Necessity(CCN),therefore City of Bunn,.Texas and its.Water • SerrvioesPerertmerit willnot provide water diaribittion..getvine the newsy-annexed tiritoiy - • c).. WASTEWATER sERyitE ' • The.subjea iirtiletty fails within City of tolleRe Station Cettificate of Convenience • and Neoessity.(CCN),therefore thetity of Bryan,TOW;and its Water Services • Department will.not provide wastewater Service to the newly annexed territory., All sewer.service facilities,that may come under the:City,of Bryan's,dirwt • jurisdiction in the future,inchrding new facilities which may be installed by • developeoof land with in this newly annexed territory,:will be.operated,maintained, monitored and inspected pursuant •apoliuibta policies andiar ordinatices of the City of Bryan,now e....iisting or as suchpolicies andfor ordinances may be anaentied- f) STORM WATEk:MANAGEMENT • • Page 8 of 15 DocuSign Envelope ID:99DODB1D-81FB-42FF-BAD4-E83FA7552F37 City':of Bryan re•gulations concerning'storm water mana neiit will extend to the newly annexed territory,pursuant to:app aeable:policies andfor ordit aii`ces of the City • . . • of..Bryan,'now existing or as such policies and/or.•ordinarices linty be amended,and in .. ._ accordance with similarly situated properties Within the C :.; . g)..BU DING SERV CE . . ; . ; `The Developitient Services'))eparnrient's_responsibilityfor regnlatingbuilding, .. ,• " onstiaction.will extend to the newly:c annexed territory,pursuant to applicable ' -policies and/or.Ordinances of the City of Bryan,now existing or as such puiheie's • •. . .and'or.'ordinance's May be amended.This; cludes:Issuing building,'electrical.and " -:. pltianbwg Ciermtts'for any near cosier.actsoii and remodelling,and eeforoieg all of . . applicable codes which regulate building construction within the City.ooBryan. ' _ - Ii) ' PLANNINU'. `l 1)IJV I' N'I . The.Development Se>!'viees Depar.tonent's responsibil ity fur regulating development .;'and land isethrough,the administration.of the City of Bryan Zoning Ordinance,.Land • , and Site Development•Ordinannce,antt till.other'developmeat related ordinances will " :extend to the newly annexed tcrritoiy..The newly annexed area will'also continue to " 'be regulated under the:requirements of the City of Bryan,Subdivision Ordinance. . • •- , i �_" ELEctRt ITY SLW RCE. -Bryan Texas'Utilities(BTU)),a munaeipal electric utility,will provide electricity ' service to the newly annexed territory.at the same or similar kiel of servic now - ' bung provided to other preas.ofthe.City Of:Bryan,Texas Which-exhibit'land use.a id • : " . population densities similar to that of the newly a annexed.'area. a fee-for-service . - - ;the:.providing of i.Iiis serb ice shall he pli t the;newly.annexed area on an equal • ". basis to thatproVided to the aver*.and typical'comparaable:urea of the City-of . BryantTexas which exhibit land use,and population densities:similarto that - - . newly,, ed area: . ` • j) ::;ROADS,STREETS,ALLEYWAYS..AN TRAFFIC-E-N INI B1UNG - . - ny and all kids,streets or alley w rya in the newly inner ed territory which have,. , ' been cledieated to the public shall be maintained to the Same degree.and extent that -. •-,.'other reeds,streets and alleyways are maintained in areas of the City of Bryan,Texas with samelar land use,population density and topography' Construction of new roads ' • and:stseits is the responsibility of the developer or property owner ilcsiria►g them and 'east.be designed and built.in accordance With.applicable :;ity of&.rya n codes and • ' `r ' ., standards. ` ,` ' . • . Municipal maintenance ofproperly dedicated.roadi.s ets and alleyways(Which : , may he installed by developers of land within this newsy annexed terrry)..will be consist a "such t with h maintenance,provided by the City of Bryan to other roads, .. • ,streets dnd alleyways s in areas:exhibiting',land tile,population densities•. `and ,- „ ' • t po r` by similar to that`.of'the newly annexed area , " • • Page 9 of 15 DocuSign Ehvelope ID:99DODB1D-81FB-42FF-BAD4-E83FA7552F37 The Orty of Bryan Public Works Dew-hunt will install traffic signs,street Markings ••• , and other faallieseunttol.deviees in the newly annexed aria as the med is established by appropriate studys pursuant to sqopiticable petioles andior ordinances of the City of Bryan,now exiiting or as such policies and/or ordinances may be amended. • The.City of Bryan Public Works Departtuent will install hCavgi name signs lathe • newly annexed ma.Under current City of DryetrordinanceS develsvess are responsible for the cost ofstreet name signs for new public mid private streets. • -Bryan Texas Utilities(BTU),a mattleipal electric agility,will install streetlights in. „ , . •-accordance with.the utility standards of BTU,pursuant to applicable policies andlor • • Ordinances of the City of 13iyan,now existing 6r as.such policies end/or ordinances • • • • ' • 'may be amended_Under current City of Bryan ordinsia-Ps,developers ape responsible • for the cost Of streetlights in-new subdivisions. • • PARKS AND RECREATI ON • • . • The newly annexed territory does not include,any known existing public parks, playgrounds orSwimittingpools-Which wouldvamestmder the City of Blyas itaitaidi(Itask mull-efennessation.Residents of the newly annexed wrriroly may • • use any and all existing Chyof Bryan parks,playgrounds and'recosati'onal facilities s- •, and pattieipatesin any and all programs,events,activities and services cif The City of Bryan Parks and Recreation Department,Expansion°Itemisation&facilities and - • programs to the newly annexed tertitety would beSgoserned by applicable policies . tad/or ordinances of the City of Bryant now existing or aS such policies and/or • - , ordinances may be amended. • • • l) MAINTAINING.OTHER PLIBUCI.X.OWNED FAC3LITES OR BUILDING'S . • • The City of Bryan„Texas is not aware of the existence of any publicly-owned facility • • or building no located in the newly annexed territory...In the event any such • • . publielY-owned facility or building does exist and are paug thellities or buildings, • • • the City of Bryan'Shall Maintain such facilities or buildings:to the same extent-and degree that it maintains similar muinicipal facilities and buildings now incorporated in • - the City of Bryant TexasS • 4.441131QRITY.-City and Owner represent that they have full posies,authority anti legal right to .sesecutei.Aeliver and perform their obligations pursuant to thus Agreement Owner acknowledges that approval of the oneXefitni Of.Ptpperty is within the arileitirisdietion of the City Council.Nothing in this Skgreensent;gliaratitees favorable decisions by the City Cesmell. t,grviditumaine.llany term or provision of this Agreement is held to be illegals invalid,or • unentirosesble,thai g1ityvaUclity,or enforceability's:if tire remaining-terms or provisions of this -Agreement shall not be affected thereby,and in lieu of each such illegals invalid,or unonforecable term or • . • provision,there shall bendsted automatically to this Agreement a legal,valid,'or enforceable term.or provision as shriller as possible to the tam or prOviSion declared illegaL invalid,or unenforsrsabie ' • IN-1 DC` TATION.The'parties to this Agreement covenant and agree that in any litigation relating to this Agreement,the tenns and 6ocitlitions ofthe Arent will he interpreted aceording to the laws of :the State ofTexas.The parties acknowledge that they are of equal bargaining power and that each of them was reptesentedbyJegal counsel in the negotiation and drafting of this Agreement, s • Page 10 of 15 DocuSign Envelope ID:99DOD61D-81FB-42FF-BAD4-E83FA75541-3i ' 7..GOVERNING Lim MO)VE .:Texas la 'govvents all'adversarial proceedings arising out of the • •• subject matter Ctthis A i oeiaent.yenta shall be in the court of appropriateaurisdiction in Bros-County, .: 'Texas: . . . ... .• S.GOVERNMENT POWERS .t is understOod thatt y e.ier;utioii ofthis Agreement,the City dog-• - . not iwaiwe orsitrrender any'Olio go ,ernuiental powers or•iimneuuties: .: .('O'tkftP4RTS.The;Agreement mriy'be exec teti in-any numiror of countcrgar[s,each ofwluci shall-be downed an original and constitute one and the sane iastrwnee#. . ,1©.CAPTI S T :captions le tliir vinous clauses•ofthis.Agreement;are for informational purposes- . *only and shall not alter the stabstaiice pf the terms drill eoiiditii ins of this Agreeptfiit' _ . "1. ,NO SVAIVAR.The failure of either party to insist upon the performanco of any.teary Or provision of . ,.: this Agrffnicnt or;to;ccteercise any right granted hereunder shall•not constitute a waiver of that it's ••;- :_ ' right-to'insist pon 4pAroptlitte perfo °rta assert any such tight an any future o on. • '12.AGItigElviENT B S SUCCESSORS AND:TtUNS Wilt TEtt 14.1i i.This Agree iiernt is • • binding on:and imnes to thebeneft of the parties;"their successors and'assigns..Th term of-this Agreement constitutes enants rucining�vr th the laird cariroprisin the roper ,604,' d iab riding on the (miter: ,., . i . ; '13-E•I THiE'"AGRI EIt'IE I;i itils,Agreeitie t constitute the entire_a ment befwcen the parties and " • a supersedes all priorora➢and'3vntton a eft©t 'between said parties:No oral understandrn' stab en_ ts, . . promises oruidu mettts'i;ontiary td the terns Ofthis reemerlt exist_Yids Agreeeiettt shall Wit be *headed tnilcss a u4cti in writing by both:parties,:, . , .' : . .: ' -:: ee ited a-5 0f the clay and: year first�a:txve w'ritteti to he efte twwe on the effective date of aria'a'6 tron of the Pra erty. • i itt ter: - (O� .):: B m 1 ;. By.• ;' , -4 . . - _'Kean s ",City'.Mager . . - Natiie: : ck.4 ... - :Title: Appravcd as-to�Farm: - , _• ; ' Thomas.A.Leeper,•:-it) Att toy _ , . . , ' - - • • Aitit: . ' _ ' Lynne'Stra " , City Secret :•,.;. . .: : ._., Page'11 of 15 DocuSign Envelope ID:99DODB1D-81FB-42FF-BAD4-E83FA7552F37 . Stete of Texas County of Brazos , • ' . • This instruntont Was acknowledged before me on the A &y of At asil 2022,by Kean A Registet;City Manager of Bryan,.a Texas municipal commotion,on behalf of said corporation. • • . . '. eaVred. aiRISTINA Ai:AMEBA • ,it.,-.--.;vp,:s. _ ,. ar.aegigrApa_ ' eikeet,e1,..... , zrz*Vin-ouvv Pe'bk.Statv gf TBXSE. 1._%:, ,....g*cornin.Gxplres Q744-2073 IN-'14- -: • 14.0121.7 Public;State of Texas . , • . , . . , , . State of Texas . - , County of BIOZOS . . • . . LA, Thi iMyurri,z t Vasgacilmowleelged before m e on the. ,.// day of W ,2022,by -il—i- &lc),on behalf of said it (natite of Company or indi"cluat„,as applicable), • . . . • • . a.-- ---4p----------.0. 41 . Ai , 6/,‘„ CHARMAINE E MCICINZIE 4 ,...,., ..1 Homy ID 0125]04518 h BY-: Zi.„eryg.O.,, e e_„7".19L-74...e-,,---- . TAilipi mycammwbinbipion "<citlik.~ May 24,Z(121 , I, 'Notary Public,State ofTexas . ' . , After Recording:Return to! - . . . , . City Settetaty ' City of Bryan • 300 South Texas Avenue . 13ryan,Texas 17805 • - - . ' . Page 12 of 15 • DocuSign Envelope ID:99DODB1D-81FB-42FF-BAD4-E83FA7552F37 • ,EX I T 1s-METESAND -BO1.11.4 ri;SC ION t*r PROP x'Tan.10411i.TliED r:O-: . . twin*a irojsi pt n 1 otialllitkEIMS ocras lu ihit.Muria robaos 6due, .1 ota Coun , ' - Texi, ing itie n of the3 79 rt± - Oigr46t,: n Vol,1429 ;�, 3!oft$t Tai+as alri ::.: • ; ..:011B$04 R o (TWAR.).-04:includiag.t.ipart or tho 6.42 out liraCt gr3 ra ii it Vol 119 .. .. :: oritigli.p,Ait Alt bAkimi -of flitsflitssatin +tat oiratonoo4to ilia TTas'State:PiattcCo natd .: ' t IZZ. 4 b A.11 11) h 10 and ndioy ri Lbtc it to ''.3,'5"-ah 5'Wirou'' ; :. a oalted fonttt4 rooN'i s ttot i$i the cvii (atl{> 'deti ftit.,at-01 Rs strotti o u,th,tiotirlil tali._: :: • .. : :_July 20th 4f 20 2;This dosatilif4a is tisolt.gotragl WO*i tr1la PiiArtti by-10134 Sue -14 P irr1)E-o. • , i 2 2022: 13 , 1t*bait matt WilitiitarY.doctilq its:fol tc: .. . . ;BECJN ;G: "a I r iiiirpafar pou€licaty msrotitis(bark,al 1*ui the t+it .ot'mcr`of ' At41Patii0•IQhl a liat13. Ordttact•,it.x madcd tt VW, 1$38.5,lase ;of the B.0 1LU also , . ;. being a poi ati►n the orthwoi.iight.orvi4 find ore e La=Ar iob WI&it ,,OW i',mw1n ha • ' •• • • sir kw ud cittadbes 0-52''.i43a'!'E,.a di to of 55.30:fed l'atr: ere=' • - ' • 3t:'� elon rllh:commaul Yi e be wegO ibis tray . .said s a tact;:ter the f*1ek irr.e. 1 :; ' • N h4 0116:.' esi,adrstanteo i `77t't rot lob t:rIk't ;old wihnw,x iphtec0apuatk . .. • ,., ou tt 0 4"W" ;.a.4kt a or. fry Lett t A.POltaE. ':!'itiit r i1t t: ii L 1.40r ,h 1 • , i atira ;saidl.3;V ,ii 'itt t;:flct:e[t '. ll lrig-0 11 .. . .. . YF. 5 ,� : . nit . � r� >a� �at: � �lt�> � • : ft> I��, N � >; -: I tt OI9' ' cis 0c f53.7!air* g pit for+r, 't atvgi*nflri~rtrA . . . 1Ncsttlf 5Q' 19'21." o t, d inn of 5.4 ;i t:to poi t1'rr;ameria tb itht t iiiie'oft1 #ract al bcat's a p i1nt lilt su tlicast liac'of Lli r r1 AA Ketv�.+rtt rid.Kimlavrty o.Lytlo cullle4 4 97110N.: NC h41, 9 5.1"'East adistimce€1f'370.62 it.ct*Ong Th.c cpganaalfnctiek n-tYt sthict • `'' aiti3&lid 4.97 taito tomt to of "iglivti d fais4dSzir ftmint inihditOtillVereSt Ifitigi 5if1bi #r.1c siIso bcia ,itlie'st3+rtit r of th flab art s ilde'.I ct+na 1'i'd,1 tr t1l .5 dll,eattitt tt abl total Sri . : - 'THOME1 ,,.P�Itige, of aBC. . ,,; . . .. . . . " • ... . ... >bC.' 7.'�46 42 12'1!' EAst,a d titarlco of].32 9 fe►t to a.along tho palalmon;hits botwega :- ' . jolt! a rlo tract to a 55+6"it;ryti xud alai'"allow.pla.tOG . S Petit fade fart Ito Al iiortheit • - • -comer pfthis iratA l WI qg pi.vositrimter ol,t06.1R knEile iostlht romilo 4 W$3s t Olen : t v .. ' Wet; te•400401r1Vint.1$$ .'t°4ge:i D of#lie 13, yt .. . . . .. : :` _ . Ei'. 11 1g li e0oitirr n llra0 i e1wt itills ia41 stt+tl ► In:tt t�c�libr tefaatdowitis g4l.lst,` ; . ' S aah 'OT 4 l'ai t,,:a clis to 33: a or6,:'5t6. tt+i t. lcotattd pal la 111 >E e r9,lae h*o't I 1 k.. . . . .r tnwld t.Ji2 brat4withbluep11stie ptsta4tcd DI"iS• S. T-IWLS61 D'ia fr itrtialcV . .21110ill S 5640140"it i1Ilisi 1t1 -61P479 f�?;iti : . . ' . Page 13of15 DocuSign Envelope ID:99DODB1D-81FB-42FF-BAD4-E83FA7552F37 ' Sole 4S'O2'O2'East„a 4110.anee of 110.30:fact to a calculated cast-corner at tins,tracti also beings;: point in the northwest r%ght-of=way'line o Colc Lane,:from wtk h a 1/2"iron rod found beam N ._ 4540'E.a.distan of$5:l5 f t for t efer+enc .:3•: , _ :: • . . 11: 'along the comnii rt i'sn NOtteia this titlitt&ndSaid C41*.Laiie,Tor*he:folinufi i ea11 i , • Salt 4r$73427 WWs,aEdi8taitee of36,91 feet tt 0,-U2' u rni sil otsud WI pt► int tbiie.s * t'line of 1140'0r et; . 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S A �+,y Page 15 of 15 ORDER DIVIDING ONE ELECTION PRECINCT AND CREATING ANOTHER ELECTION PRECINCT WHEREAS, the City of Bryan approved Ordinance #2674 annexing 4.72 acres of land located in Voting Precinct 81; and WHEREAS, the new boundary lines of the City of Bryan do not follow the existing election precinct lines created by Brazos County; and WHEREAS, Section 42.007 states "A commissioners court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and unincorporated territory outside the city"; and WHEREAS, the Commissioner's Court is desirous of complying with the.City of Bryan city limit lines, and the Texas Election Code; and WHEREAS, compliance with the Texas Election Code requires the division of one (1) voting precinct and combining the annexed portion into another voting precinct or creating a new election precinct; and WHEREAS, Section 42.007 of the Texas Election Code provides for combining election precincts and creating new election precincts; NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS,that Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 81 be divided to follow the City of Bryan city limit lines in Brazos County,Texas,to wit: 1. Election Precinct 81 be divided; 2. Election Precinct 114 be created to follow the new City of Bryan city limit lines; ADOPTED by the Commissioners Court this 27th day of August, 2024 by a vote of AYES and 0 NAYS. ATTEST: Duane Peters, County Judge en McQueen, Coun lerk sK. • �' • :.; • [:` ' ?.X.` :I •i r„X .,../.,/= r. ems, �X> . 502 oI: > ? ``-';`Y rY 6 74 ..,�• ;!4 •i ` ,`,1. <.-•ti;; ;•�f., /i� .);' 'i ♦:'y'� �.� sz ,f>;`i /i,.i� c .:;;e. f •• j ;t%�C*, • ;. . {��j` l • h, • t i , •I'u. <x C \z.�,'. ,�:'6082':'.. ♦• ` ,.'`. 612Q .. .` >!7 424 •, /cr�;'S,`:' ; ', :''`<X,.•,'"-/'''`.'/I U16t •�`^ 45< ` ;•.. • ' •��'!. < \• .•%:••+, • ``I •. :./;,'�`+ •%ice<-,:.,•h/• .`•� •..--.... , 44 - o�::' ,� •iF5994 ▪ ,• y . ♦•S?;Q,.,•'x/y,•,�> ,� , ♦ r, 1 t'\. Y 's' • , ♦ • :;`•. <, �. .ti j M 5943 \`,. ;;);,=`60 4'>- ° � r•�v�;'+ , 481 qR/ hi�C r'' ""?j.., y °♦ ♦i "..•:•,/,`>:•.• •"( l k. ..� ,'.r C,`• �•.•n. ♦ t Off. x�.`••.C':�; :� R�•� � < k ~ X5956;•,•: O :;u+ 6050 ♦ , ,477 0. -.\ 'X Y' ,' �`t,<„:i;A : 4. •44;<>';::;x>•.. . °�.' C 'i • >ii 479 .i ;�"\.;,•x/ :r`�•jh x: lx, I5978 °�.;�'•I ° ...u�:ra >: ..•.. Xr'> : /. .'•:<,C2T2� ,o. ••®''ry ; •i� ;; • 425 ® X •iyn• ' 'X,-.:59'18;<•,<•% ▪ • I!I„ ,5.7,35 • �. .X\j;, < rj‹;;`';`!>o•�' ,'9 '!. f �` 'Ai 222 . >(>4. `� • `,;%'.? y'` 255.' " 180 •/''\j;C5705 .'><••.r,?J ,•^,,5<� x(l� .• '4'� • X"• \> ':-5770;: ''�`' I 233 •I;C;;%Xk r'' i �r„<.• .,<5780,•<-: y�� 164 v I.-/x•."-. k' :.<'', , 4, `, •` x,:�,X, • ` " 165 • 4706 • ,%;:% ;C%j.�' ..�,•`. 5680 >�• C. :y.I6 ' 4079, , f . F:;j' 5808 �` 6 ' ' • 5640' ,5690 ?;<; -y\'<,/ 5616 `••\5646 ' • 4144 �5'18X'r cam, ,. 81• • 4178 1514-: �`,'7••, • 5710 y▪ 151.0'+ i5000 .'`':.Q!• r 4091 508= • .1.5 ."7.' .. r • -•• ;142Q' %� .♦ • 4095 1505:. .1A16 4i;• •• :1503! •. r �' •" : S.G::f {♦• • 3863 ;.1500 r� 4Iz;4U8 , :Ty.-, • •141 �` •:1,4 y; 53�'`' ` • .1413;: '406• >511401'`1. 6; i <'. ``r,♦ 14Q9:';•�%ti'-,f,' Q z:r ;'%"x •;%1'2 3753 ;; . -• '-'`:•:•`.' •v18021':..':• .' :`^ •♦ 3855 d,•• `r'\:;1312:!>i: S'*c !. 3747 �' i1.4'0 _ 1311�':' 121fi`• ,• , i'1 • 3J:7~•• • >1"305.; /▪ . 121 '••'--rr.:-,_ >^t♦ • 3859 13.15':13 = '1•1,Q9/▪ ''j •♦ 3861 :. • '' /t'`•:r`'•r�'121'0'120 !s%111.2 ,• !.♦ > 13.1'3 :130q{%i.;;,` • .' ,: \.-' • �!?.� F'';1307,' /':%<.'v 12• • 1110: i1103'`'',:/„♦ . ,;• 'ar ,,• • f,%" ' :„ .;•:`),';:r!j, • 3857' ▪ :'`�'; :' : 1'06"T'`'` 11204,'':,'r.'/::.a•`,•::;:"x;,.�\� -••: .1100:<,.�. •:oo /'.`' .. .;a121'9,121:7 ',„::,;• :.-17 0. 'i,02• 'I ;' , '1203 ' /<;•': • >.,, ' .•:.,,':. ?Cy',!♦• 3737 ▪ ,;<>:"X,d•';; X1209, :: . 6/ \', >44 • 3731 • • ' '` '>''•..- .',\: * • 1105,,., . ",:;\, •?'r .'.<':,' „,, .,,:1►•. • 3755 •yx:'•,,,h�,; ;*i„./�`+ vi:' •; .� :,i ,.�' •�• DocuSign Envelope ID;52BED43A-DD34-4629-8E50i-F0704849A021 ORDINANCE NO. 2674 AN ORDINANCE OF THE CITY OF BRYAN, TEXAS, ANNEXING TERRITORY GENERALLY DESCRIBED AS 4.72 ACRES OF VACANT LAND OUT OF THE STEPHEN F.AUSTIN SURVEY#10, LOCATED ON THE SOUTHEAST SIDE OF E,STATE HIGHWAY 21 BETWEEN MARIN 0 ROAD AND CLARK STREET, IN BRAZOS COUNTY, TEXAS, LYING ADJACENT AND CONTIGUOUS TO THE PRESENT OBSERVED LIMITS OF THE CITY OF BRYAN; FINDING THAT. ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND'PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND 'PRIVILEGES AS' WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY;PROVIDING'A SEVERABILITY CLA'USE AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the.City of Bryan.,Texas is a home-rule municipality authorized by State law and the City Charter.to.annex territory lying adjacent and contiguous to the-corporate limits of said City of Bryan,Texas;and . . WHEREAS, in accordance with Local Govemment,Code Section 430672, the City of Bryan entered into a municipal services agreement, attached hereto, :on December 20„ 2023 with Schieffer Development Company?owner of 4..72 acres of vacant land out of the Stephen F Austin Survey#10,located on the southeast side of E.State Highway 21 between Marino Road and Clark Street,in Bryan's extraterritorial jurisdfction(ETJ)' in,Brazos county,Texas;and WHEREAS, one public hearing has been:held during a regular meeting On March 5, 2024, and as required by law., in the Council Chambers of Bryan's Municipal Office Building located at 300:South Texas Avenue,Bryan,Texas,where all Interested persons were provided an opportunity to be heard on the requested annexation.of property and territbry bereitafter described; and WHEREAS, all nOtices of such public hearings have been issued as required by law and all hearings held within the time required by law;and • WHEREAS,the hereinafter described property and territory is not within the,boundatieS of any Other municiPality,.lies within the extraterritorial jurisdiction of the City:of Bryan,Texas, and lies adjacent to and adjoins tile preSent boundaries pr said City of Bryan: NOW, THEREFORE, ,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' BRYAN,.TEXAS:' 1. That all of the above premises are found to be true and correct and are incorporated into,the body of this ordinance as if copied in their entirety. 2. That the property described by metes-and-bounds on Exhibit "A" and depicted on'Exhibit"A-1"'are attached hereto.and incorporated herein for,all purposes,said territory'lying adjacent to and adjoining'the present observed boundaries of the City of Bryan, Texas, and is hereby added and annexed to the City of Bryan, and said territory hereinafter described shall hereafter be included Within the corporate limits of the City of Bryan, arid the present boundary lines of said City are altered and amended so as to include said area within the corporate limits'of the City of Bryan. Page 1 of 14 Ordinance 2674 arinnf ad Man+g 'WU DocuSign Envelope ID:52BED43A-DD34-4529-8E50-F0704849A021 3. That the municipal service plan attached hereto as Exhibit.`B" is hereby approved and is.incorporated into this ordinance as itit were recited herein. • 4. That the annexed territory described:above=is a part of the City of Bryan for all purposes,•and'the property situated therein shall bear its:pro rata.part..of taxes levied by the City of Bryan, and shall be entitled to the same. rights and privileges,bound by the same duties:and responsibilities:as other property within the corporate limits. 5: That the inhabitants:residing and owners of property within the confines..of the,annexed'territory Shall be entitled to all the rights and privileges of all the other citizens and property owners of Bryan and shall be° 'bound by the Charter,Ordinances,Resolutions and other regulations of the City of Bryan. That the official map and boundaries of the City of.Bryan;Texas,heretofore adopted and:amended,:shall be and are hereby amended so as to include,the aforementioned territory as.part of the City of Bryan,Texas. 7. That Chapter 13Q of the City of Bryan Code of Ordinances shall be and is hereby amended so'as to assign Commercial District(C-3)zoning to 4.72 acres of the aforementioned territory upon annexation. 8. That if any portion,provision,section, subsection,sentence,clause'or phrase of this ordinance (or the application of same to.any person or set of circumstances)is for.any reason held to be unconstitutional,void, or invalid, the validity of the.remaining portions of this ordinance(or their application to other persons or sets Of circumstances) shall not be_affected thereby,.it being the.intent of City"Council.in,adopting this ordinance, that no. portion thereof or, provision contained herein shall become .inoperative or fail by reason of any unconstitutionality of any other portion hereof,and all provisions of-this ordinance.are declared to be severable for that purpose.. That this ordinance shall take effect immediately-upon its final,reading and passage. Page 2 of 14 Ordinance 2674 arinnteri Marrh R..91124 DocuSidp Envebpe ID;52BED43A-DDp4-4529-8E507F0704849A021 PASSED,ADOPTED, AND APPROVED on.the 5th day of Mar&2024, at.a regular meeting.of the: City Couneil of the City of Bryati,Texas,by,avote of 6 yes and 0 noes. - ATTEST: CITY OF BRYAN: • 114^ blIA,10- grab- gdiebti Mary Li.,4nb Stratta,City Secretary Bobby Gutierrez,Mayor APPROVED AS TO FORM: 114/ 1, L pi Thomas A.Loper,city AttOtridy • • . Pag0•3 of 14 Ordinance 2674 • arlonhni Marth S.9n24 DocuSign Envelope JD',52SED4.3A-DD34-4529-8E50-F0704849A021 • Exhibit"A": AFIELD NOTES DESCRIPTION OF 4 724ACRE5.1N THE STEPNE I F.,AU5TIN LEAGUE NQ.1O SURVEY,ABSTRACT B3,IN BRAZQ5 COUNTY,TEXAS,BEING A PORTION OF A CALLED 19.457 ACRE TRACT DESCRIBED IN A DEED T11 SCHIEFFED DEVELOPMENT COMPANY,A TEXAS CORPORATION IN VOLUME 16415,PAGE 247 OF THE OFFICIAL PUBLIC RECORDS OF BRAZDS COUNTY, TEXAS(OPHBCT);5Al 14.724 ACRES BEiNG MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:. COMMENCING at a 112 loth iron rod found with yellow plastic.cap stamped'KERR 4502'on the southeast line of State Highway 21 East(100 foot right-of-wag per TXDDT plans)marking the north corner of a called 7.072 acre.tract described in a deed to Grubbs Outdoor LE,a Texas limited liability company in Volume 18455,Page 50(OPRBCN)and the most northerly west corner of said 19.457 acre tract; THENCE,along the northeast line of said 7.072 acre tract,5 48°33'18"E a distance of 579.47 feet to a paint in said northeast line,being on a southeast Bryan city limit line and being the POlfi l OP BEGINNING hereof:for reference the City of Brgan monument SP5-125 bears 5 6O°32'4B"W a distance of 43513 42,feet, THENCE;seriering said 19.457 acre tract and along a southeast Bryan city limit line,N 34'19'12"E a distance of 2604 feet to a point on the southwest line of Lot 1,Black 1,Hidden Creek Subdivision as shown on the plat recorded in Volume - 14874,Page 276(OPRRCTt,'for reference.a 112 inch iron rod found with yellow plastic cap stamped"KERR 4592"hears N 48°07'084 W a distance of373.57 feet; THENCL a1ang said southwest line of said Lott,5 4B°07'0R"E a distance of 933 feet to a 112 inch iron rod found marking. the south corner of said Lot 1 and the west corner of the remainder of a 22.424 acre tract described in a deed to Hidden Creek RV LLC(1359E1244 OPRBCT); THENCE,along the southwest line of said remainder of 22.424 acre tract,5 49°25'30"E a distance of 787.48feet to a painton said southwest line;for referent a 318 inch iron rod found MO the south cornerof'said remainder of 22.424 acre tract arid the east corner of said 13.457 acre tract bears 5 48°25'307 E.a distance of 1,58832 feet; THENCE,severing said19.457 acre tract.541°34'30"Wa distance of 282.82feet to a point in said northeast line of 7.072 acre tract;for ref eronce=a 112 inch iron rod found marking the east corner of said1.D 2 acre tract bears'S 40°`33'1B'E a distance of 920,50 feet MENCE,along said northeast line of 7,072 acre tract,fa 48°33"18"Via distance of 76353 teeth;the P01NT OF BEGINNING hereof and containing 4.724 acres of land,more or less. Surveyed an the ground tiny 2020 under mg supervision.The bearing basis for this silruet is based on the Texas State Plane Coordinate System of 1983(NAD83),Central Zone,Grid North.based on the published:coordinates of the City.of Bryan (onfrnl monument GPS-125(V:10242357.25,X 354E959.95)and as established by GPS observation.Distances described .herein'are grid distances"unless atherwiSe noted.To obtain surface distances(nut surface areas)muftipIy by a combined scale factor of 1.00011696817346(calculated using GE0ID12B). Page 4 of 14 Ordinance 2674 adopted March•5.2024 • 0 0 • o c 0. cal • = m =: CD 0 "0 CD ...IE-j cr, . IN) w • M 0 4. ca )"' 0 0 W .1. A0o6300. S F • cri rs.1 110-t: AUS1IN,p0(OCL), tlfi , TRACT 71, 19.93 AcREB clo HIDDEN CREEK.RV iLo It 13596/244 rn co HIDDEN CREEK,'BLOCK .1 (62'708.041X) 1, LOT1, ACRES.2.489 1 14874/276 -...J NA ZONED 0-3 DIAZ RDSANIARIA,L-3c 49 t ot • srAiF10. BLOCK 18. 07 -a 76, ACRES .323 >cc 1 1 .1 4348/285 Sem ZONED A-4 1 17 MSTING ZONING 1 dr ).1 El.) EXISTING z,cmiNc t'l co AGRICULTURAL OPEN(A-0) • ... co. AOKULTURAL OPEN (4-0) PROFDSEO ZORN° 20'SEVIER EAseatitt,\....1r.li •1 1 i.,, IA in. I PRopOSEp..,ZONING Cdo..iMERCiAL.oiStRiC7(C-;3Y . li . '-, te a CON-MERCIAL intrrdcr(c—s) ..4: . 3.23'ACRES 4:73 ACRES. \. - (12513/22).04LAT. P•A • t .11 II . . r : •• • Nfi t. GRUBBS OUTDOOR LC v 1 1:)•Pinta' SFA1)10,.BLOCK,18, LOT EASEUDIT 'MUNE 74,*ACRES 7.07z . (557/.3340 EAMAENT 18455/250. i ,o.R.D.o.L 12e8/48) cogi.c.t. ZONED'0-3 1 N/F D) 0. o o n) D. K a , = 7) o..) =•= Pi Si'is3 0) iv -4 DuceSign Envelope ID;52BED4.3A-DD34-4529-8E50=F0704849A021 Exhibit"B": ML]NICIPAL SERVICES AGE Eti : :'('' RI TWEEN THE airy OE BRY;4N,TEXAS AND SCHI[EEFER DEVELOPMENT COMPANY This Municipal Services Agreement('A anent")is entered into on (� day of 0 tic bn r- 2023by and between the City of Bryan,a Texas home-tile municipal corporation("City') and Schaeffer Development Company("Owner"). RECITALS The parties agree that the following recitals are true and correct and.fotin the basis upon which the parties have entered into this Agreement. WIIEREA4.S,Se tion 43.0t71 of the Testis Local C`roverntttettt Code permits the City to annex an. area.if each owner of land in an area requests theannexation; WHEREAS, Owner owns a certain parcel or land ]oeated an the southeast side of F. State Highway 2l between.Marino Road and Clark Street,Which-consists ofapproximately 4.72'acres of land in the City's extraterritorial jurisdiction,such property being more particularly described and set forth in Exhibit A attached and incorporated herein by reference("Property"); WHEREAS, When the City 'elects to annex an area, Section 43.0072 of the Texas Lb eel tiovernanent Code requires the City to first enter into a written agreement with the property owner that sets forth the City services to be provided for the Property on or after the effective date of annexation; WHEREAS,City and Owner desire to set out the City services to be provided for the Property, subject to final approval of annexation by the Bryan City Council; NOW,THEREFOIRE,in exchange for the.mutual.covenants,conditions and promises contained herein,City and Owner,agree as follows: 1.PROPERTY:This Agreement is only applicable to the Property,more specifically described in Exhibit A. 2..INTENT. It is the intent of the City that this Agreement provide ear the delivery of full, available mt;!taicipai services to the Property in accordance with'state law,,tvlui.hmttay be accomplished.through any means permitted by law. 3..MVNICI PAL SERVICES.Commencing en the effective date ofa ecxation,the City will provide the, municipal services set forth below.:As used in this Agreement, "providing services!' includes having services provided by any method or'Meade by which the City may extend municipal services to any Other area of the City, including the City''s infrastructure extension policies and developer or property owner participation in accordance with applicable City ordinances,rules,regulations and policies.It is understood and.agreed that the City is not required to provide a service that:is net included in this Agreement a) POLICE PROTECTION • The City of Bryati,Texas and its Police Department will provide pollee protection:to' tar:newly annexed territory at the same or similar'seivice new:being provided to other Page 6 of'1:4 Ordinance 2674 adonted March 5.2024 DocuSign Envelope ID:52BED43A-DD34-4529-8E50F0704849A021 areas of the City'of Bryan,.Texas which exhibit land use and population densities sMdlar to that of the newly mimed area.The City's adopted ordinances extend to the newly annexed ateti•and ate applied equally to all areas of the City based on the policy and wording of such ordinanees.The average dispatch and delivery time,equipment dedication to service areas,:and staffing requirements are comparable to the everae provided to other areas of the City of Bryan, Texas which exhibit land use and population densities sisnifor to that of the newly annexed area. :b) FIRE PROTECTION AND EMERGENCY MEDICAI,SERVICE The City of Bryan,Texas and its Fire Dcpartnient will provide fite proteetion and ambulance cervical°the newly annexed'territory at the same&similar level ed service now being provided to other areas of the City of Bryan,Texas which exhibit land use and population densities similar in that of the newly annexed area.FurtherMore,the City of Bryan Fire Department will respond to eli dispatched calls (including emergency medical services)and other requests:fbr service or assistance within the newly annexed area,the same as it would within other areas reside the City Hats of Bryan. The City's adopted Fire Code shall extend to the newly annexed area and is equally applicable to all areas of the City. City of/hyan public water lines are available for connection specifically to serve fire protection systems.Connections to City water systems must Comply with Bryan Code of Ordinances Chapter 122,Utilities.This includes,but is not limited to,installation of a fathead pressure zonectdevice(RP Z)where applicable c) SOLID WASTE COLLECTION The City of Boren,Texas and its Environmental Services Department,will provide solid waste eaPeetie4 and diSpoSal servieO-10 tbqntwly annexed territory at the anre or'similar level of service now being provided to other areas of the City of Bryan, Texas which exhibit land use and population densities similar'to that of the newly annexed area. As a fee-for-service the providing alibis servile shall be applied to the newly annexed area.on an equal basis to that provided to the average and typical comparable area of the City of Bryan,Texas which exhibit land use and population densities similar to that of the newly annorecimca. d) WATER DiSTRIEVTION SERVICE The subject property falls within Wicksori Special Utility District Certificate of Convenience and Necessity(CCN),therefore City of Bryan„Texas and its Water Services Department will not provide domestic water distribution service to the newly annexed territory, e) WASTEWATER SERVICE The City of Bryan,Texas and its Water Services Department will provide wastewater service to the newly annexed territory at the same or similar level of service now being provided to other areas Of,the City ofBtyan,Texas WW1 exhibit land use and population densities sham-to that of the newly annexed area.The comparable nature of any areas ate at the discretion orate City of Bryan but are evaluated based on the characteristics of the newly annexed area on the date Ofaiutexation. Pagel of 14 Ordinance 2674 adonted March S.71174 DocuSign Envelope ID:52BED43A-DD34-4529-8E50-F0704849A021 :.Existing City of Bryan sewer antics at theirpresent locations shall be available for point f- use connections,based on applicable utility extension polices and/or ordinances of the City ofBryan,nos wing or as melt policies matt ordinances may be amended.The City of :Bryan will menthe adequeey of.existing systems for accommodating raw sewage and will •determine the need to provide centralized wastewater collection and imatnient serwke to particular areas, along with fiat stations or any other necessary capital improvements,, pursuant to applicable policies and/or ordinances of the City of Bryan,now existing or as such policies antler ordinances may be amended..As applied to all properties within the City,residents and/or develaperswill be responsible tor costs to install sewer service to their property, All sewer ser..vace:facilities thatreay come under the City of Bryan*s direct jurisdiction in the future,including new fatalitie which may he installed'by developers offend within this newly annexed territory,will be operated,.maintained, ,monitored and inspected pursuant to applicable policies and/or ordinances of they City of Bryan,now existing or as such policies and/or ordinances may he amended. f) STOW WATER MANAGENTEN'T City of Bryan regulations concerning storm eater management will extend to the newly annexed territory,pursuant to applicable policies and/or ordinances of the City of Bryan,now exihting'or as such policies an or ordinances maybe amended,and in accordance with similarly situated properties within the City. BUILDINO SERVICES The .Developucnt Seu'vlees Department's responsibility for regulating balding construction will extend to the newly annexed territory,pursuantto applicablepolicies and/or ordinances of the City of Bryan, now existing or as such policies antler ordinances may be amended, This includes issuing building,electrical and plumbing permits for:any new constriction and remodeling,and enforcing all other applicable codes which regulate building construction within the City of Bryan, h) PLANNING AND DEVELOPMENT The Development Services:Department's,responsibility for.regulating development and land use through the administration of the City of Bryan Zoning Ordinance, and and Site Development Ordinance and all other development-related ordinances will extend to the nctyly annexed territory.The newly annexed area will also continue to be regulated under the requirements of the City of Bryan Subdivision Ordinance, i) ELECTRICITY SERVICE Bryan Texas.Utilities (BTU), it.municipal electric utility, will provide electricity service to thc:ncwly annexed territory at the satire or Similar level-of service now being provided to other areas of the City of.Bryan, Texas which exhibit land use and population densities similar to that of the newly annexed area.As a fee-for-service the providing of this service shall be applied to the newly annexed area on an equal basis to:that provided to the average and typical comparable area of the City of Bryan,Texas • Page.8 of 14 Ordinance 2674 adopted March 5.2024 DocuSign Envelope ID:52BED43A-DD34-4b"L5-atOU-ru/u404yAUG i which.exhibit land use and population densities similar to that of the newly-annexed area: J} ROADS,gfitEETS.ALL? VA''S AND TRAEFIC ENCG EERINC Any and all roads,streets or alleyways in the newly annexed territory which have been dedicated to the public shall be maintained to the same degree and extent that other roads,streets and alleyways arc maintained in areas of the City of Bryan,Texas with similar land use,population density and topography..Construction of new.roads and streets is the renpensibilityuf.the developer or property owner desiring them end must be designed and built accordance with applicable City of Bryan codes and standard:. Municipal maintenance ofprriperlydediieeted roads,streets and alleyways(which may be installed by developers of land within this newly annexed territory) will be consistent with such maintenance provided by the City of Bryan to other roads,streets and alleyways in areas exhibiting landusc,population densities and topography similar to diet of ihe newly annexed area. The City of Bryan Public Works Department will install:tragic sips,street markings and other.trbff+e control devices in the newly annexed area as the need is established b}'appropriate study,pursuant to applicable policies and/or ordinances of the City of • Baran,now.existing or as such policies and/or ordinances maybe amended. The City of Bryan Public Works Dcpartnici/will install street name signs in the newly annexed area.Under eurrcnt City of Bryan ordinances,developers arc responsible for the east of street name aiina 1br new public and private streets. Bryan Texas Utilities (BTU); a municipal electric utility,wilt install streetlights in accordance with the ntddity standards of BTU,pursuant to applicable policies and/or ordinances of the City of Bryan,now existing or as such policies and/or ordinances may be amended.tinder current City of Bryan ordinances.,developers are responsible for the coat of streetlights hi new subdivisions. k) PADS AND RIICREATION The newly annexed territory does not include any know// existing public parks, playgrounds or swimming pools which would come cinder the City of Btyan's jurisdiction as a result ofennexation.Residentsof the newly au xedte itol)may nac any and all existing.City of Bryan parks,.:playgrounds and recreational facilities and participate in any and all programs,events,activities and services ofthe City Of>3ryatt Parks and Recreation Department.Expansion of recreationalof recreetionelfeeilities and Ingrains to the newly annexed territory would be governed by -applicable policies and/or ordinances of the City of Bryan,now existing or es such policies and/or ordinances ,may be amended. 1j MAINTAINING OTHER PUBLICLY-OWNED FACILITIES OR BUILDINGS The City of Bryan,Tuns is not aware of the existence of any publicly-owned facility or budding now located in the newly annexedterritumy.In the event any sack puhliciy- owned faellityor building flocs exist and are public facilities or buildings,the City of Bryan shall maintain such facilities nr buildings to the seine.extent and degree that.it Paget of.14 Qrdinance.2674 7rinnfnrl M rr.h A Dr174 DocuSign Envelope ID:52BED43A-DD34-4529-8E50-F0704849A021 Maintains similar municipal facilities and buildings now Incorporated in the City of Bryan,Texas. 4.AUTRO.RITV..City and Owner represent.that they have full power,authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement.Owner acknowledges that approval of the :annexation of Property is within the sole Jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. S. SEVERWLITY. if any term or provision of this Agreement is held tp be illegal, invalid, or unenforceable, the legality, validity, or enforceability of the remaining:'tams or provisions of this Agreement shall not be affected thereby.,and in lieu of eadi sudh illegal,invalid,.or unenforceable term or provision, there shall be added automatically to this Agreement a legal,valid, or enforceable term or provision as similar as possible to the term or provision declared illegal,invalid,or unenforceable. INTERPRETATION.The parties to this Agreement covenant and agree that in anylitigatiort:relating to this Agreement,the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas.The parties acknowledge that they are of equal bargaining power and that each of than was represented by legal.counsel in the negotiation and drafting::of this Agreement. 7.GOVERNING LAW AND VENUE-Texas:law governs all adversarial proceedings arising ottt of the Subject matter of this..t4gxccment.Venue shall be in tim court of appropriate jurisdiction in Brazos County, Texas, S.GOVERNMENTAL POWERS.It is understood that by execution of this,Agreemenl,the City does not waive or surrender any of its governmental powers,or inurainities. 9.COUNTERPARTS. The.Agreemcnt may he executed in any nuniber.of counterparts,each of which shall be deemed.an otiginal•and constitute one and the same instrument. 10.C.APTTONS.The'captions to the various clams of this A mare are tbrinforinatiowd purposes only and shill not alter the substance of the terms and conditions of this Agreement. .11.NO WAIVER.The failure of either party to insist upon the performance of any term or prevision of this Agreement or to exercise any right granted hereunder shill riot constitute.a waiver of that party's right to insist upon appropriate performance or to assert any,SUCK right on any future occasion; l :,A GREFAIEIV`'i'HINDS SUCOESSORSAND RUNS'WITH`.THE LAND,This Agreement is binding on and tinges to the benefit of the parties,their successors and assigns, The term of this Agreement :constitutes covenants running with the land•eomprising the Property and is binding on the-Owner. I'.ENTIRE AGREEMENT;This Agreement constitutes the;entire agreement between the patties and Supersedes rdi prior oral and written agreements between said parties.No oral understandings,statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement shall not be amended unless executed inwritiug by both parties. Executed as of the day:and year first above written to be effective on the effective dale of annexation • of the Property.. Page 16 of 14 ordinance.2674 ac1nnted March.5_Q.024 DocuSign Erivelopp ID;52BED43A-DD34-4529-8E501f0704849AQ21 are OF BRYAN: (OWNER): As. • By: Pie2,17A11644",-By:iti:/0"; . Ire-sister,City Manager Nam:fria5D4 ,$‘h;e14ef- , Ilk 0140 9!". Approved as to For ' AtiAkit .1 Thomas A..Leap Ci Attorney • Attest 4 is.maN.L.46 SArfigeo, 4,-**1?-4 LA-Ad"-.1•42,asn Mary Lyinie Statta LP. 1M City Secrelaty • I, ON eis 41. -Nr4totm. State of Texas County of Brims • This Monument was acknowledged b.efOrenieOn.Oles,4.1 day of betevi,w* ,20*by Kean Rpgiatt,City Manager of Bryan.a Texas municipal corporations on behalf of saict corporation: By: MOHICACC•OKE 0 Maury 10#134500284 Notary Public,State ofTcxas 4 la My Co4014141%51)Expiret Apaust 4,207.7 4F4~444,464.4.ftmouiqww•ormimpki State of Texas. cornOST inf Brod This instrwat was acialowledged hafora nte on tha 6day of be‘eilthee2024,,by Mitcnt 4414/444:ey ot(Narno,tido),aalythalf of.said 't OaMe of company or individual,as applicable).. armee-AT 11;:71t(6/4-"Plitle-1.- fril.64„ tiattylVirliagizz2 4%, & tbothunrati Expires July 16,am.* Notary Public,:4tabe of Tens • Page.1.1 of 14 Ordinance 2674 • adonted March 5.2024 DocuSign Envelope ID:52BED43A-DD34-4529-8E50-F07041349A021 EXHIBIT'1: METES AND BOUNDS DESCRIPTION OF PROPERTY TO BE ANNEXED INTO CITY LIMITS AFIELD NOTES DESCRIPTION OF4:724 ACRES!NINE STEPHENF.A.US11N:LEAGUE f10s10 SURVEY,ABSTRACT63,IN BRAZOS • cum TEXAS,BEING A PORTION OF A QUID 19.457 ACRE TRACT DESCRIBED IN A DEED TO SCHIFFER DEVELOPMENT (0MPAt1Y,A TEXAS CORPORATION IN VOLUME 16415,PACE 247 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS(i1PBB(T);SAID 4.724 ACRES 8E1NS MORE PAIFTII ILURLV DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2 loth iron rod found with:yellow plastic cap stamped"KERR 4502"on the southeast line:of State Highway 21 East(DOD font right-of-way per TXDOT plans)marking the north corner of a Galled 7.072 acre tract described in a deed to Grubbs:Outdoor LC,.a Texas limited I abild company in Volume 18455,Page LSD (OPRIICT)and the most northerly west corner of said 19.457 acre tract; THENCE.along The northeast lit_of said 7.0.. acre tract,5 48°33'18"E,a distance of 579,47 feet to a paint in said northeast line,being on a southeast Bryan dty limit line and being the POINT OF 8E6INNIt+ hereof;for reference the tug of Bryan monument 6PS-125 bears S 6D°32'48"W a distance of 4,758.42 feet; • THENCE;severing said 19.457 acre tract and along a southeast Bryan city limit line,N 34°19'12"E a distance of 266.74 feet to a point on the southwest line of Loll,Block 1,Hidden Creek Subdivision..as shown on the plat recorded in Volume 14874,Page 276(OPRBCT);'for reference a 112 inch'iron rbd found with yellow plastic tap stamped*KERR 4502"bears N 48°UT 08"W a distance of 373.5E feet;. THREE along said southwest line of said Lott,S 48°07'08"E a distance of 9.73 feet to a 112 inch iron rod found marking the south corner of said Lot 1 and the west corner of the remainder of a.22.424 acre tract:deecribed in a deed to Hidden Creek RV LI.0(13596/244 OPRBCT); THENCE,along the southwest line of said remainder of 22.424 acre tract,S 48°25'30*E a distance of 787A9 feet to a point on said southwest line;for reference a 3d8 inch iron rod found marking the south corner of said remainder of 22.424 acre tract and the east comer of said 19.457 acre tract bears 5 48°25'30"Ea distance of-1580.72 feet; THEtlCE,severing said 19.457 acme tract,S 41"34'30"Wa distance of 262.B2feet to a paint insaid northeast line of7.072 acre tract;for reference a 1/2 inch iron rod found marking the east corner of said 7;072 acre tract hears 5 49°33'18'E a distance of 920.50 feet; THENCE,along Said northeast line of7.07aacre tract,N 48°33110"Wa distance of 763.53 feett+r the POINT OF BEGINNING hereof and containing 4.724 acres of land,more or less. Surveyed on the ground Jute 2020 under my supervision.The hearing basis for this survey is based an the Texas State Plane Coordinate 5gstem of 1983(NA083),Central Zone,Grid North based on the published coordinates of the City of Bryan control monument 6P5.125(Y 1D242367.29,jt3545959.05)and as established.bre GPS observation.Distances described herein are grid distances unless otherwise noted.To obtain surface distances foot surface areas)multiply by a combined scale factor of 1.00011596734,6(calculated using GE010128). Page 12 of 14 Ordinance 2674 arinnted March 5.2024 .• . 0 0 o. c (I). ca. = . rn ' c • • ' , • • .< . co 0 -0 . • ' . .6 . ... Cr' 1V •- . 03 . . • m . 0 -F.. . C.3 l l' . M 0 0 • • n 3 ' li "1 I zil s TAT III°1 N6 MI 9°-9.1 3SC i e I L:-t--).R.ES CD Md° • Ng 1 tn RIDDEN CREEK-RV 13596/244 !*? 'LLC• 4 r HIDDEN CREEK 1,BLOCK IV -n • 1,Lon;ACRES:2.489 ' 1 0 -.I (570/450) co • - 14874/276 0 -p. N/F . ZONED J0-3 1 i2'FIX- LT/ .03 DIAZ:ROSAIIARIA L 46 ... .. .. MR0401'.. M -D. co • . E . SPAty10.8LOCK ID,LOT • - SCul 0 > cp •76,:ACRES..323 I I . Fq IV 14348/260' I .( ZONED A-V , DUslitio ZONING ' 1-4 ....____. AGRICULTURAL OPEN(A-0) 20'so$29 EAs19030.\...1.4 ';.Iti i v, '0. . EXIST*ZONING • PROPOSED ZONINO , (12313/22)OP.R.B.C.T. 0 CD - . AGRIOUUURAL OPEN (A-0) • .'.... cc, • cOmmERcIAL DISTRICT(0-‘3) til a) I • PROPOSEO ZONiNa . ....., .• COMMERCIAL.DISTRICT(O•kT) 1 liu 1 t21 ca. • 4,73 AcREs . , t 1 \ Et • c, • 3.23 ACRES I I 2 V . • 9. , . -.. Nir 1 V GRUBBS OUTDOOR LO 'tid41124E 50"!Own EISDIENT 1 I3 SFAI110. BLOCK 18,LOT EAMIENT (557/a44) (298/488). 0 . 74,.ACRES 7072 0,11.94.T. DASAT- Te455/2.50 1 cl ZONED C-3 1 . • • ... • S . I .io N/F 1 g . 3.% CA n. . o o • 33 3- 1 :CD = TD) Si N) CD V--,1 A.-.P • .: • . • . . DocuSign Envelope ID:52BED43A-DD34-4529-8E50-F0704849A021 • • • ZONING AND LOCATION MAPS: ate..+.;,. v ,i `'� /���p.. l /' `,iy"lA4Y 'tagj .0An{j S , 4 .: ,./. 1)j::',-- . :/'''*1,3„,- /..e.24t4it'''k;'2-7-./. .,.'... ''',,. 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' 'u.x.p s4 T��7. s i; Ins.j '�R 'f i r i�,,, /s \ b.< .r N, ,, •"R 4• 4;, .`�A c, f r ^7 t ,, t tt ,. .�".. x:rr• � �l�° ,s' .I .11 •Ylir fi4 ''0:r�? •v�S sue.�5 y,�±±° >.{. { « t .Q'" ;rq Y �' Page 14 of 14 Ordinance 2674 arinntari Marr•.h 5.2024 ORDER DIVIDING ONE ELECTION PRECINCT AND CREATING ANOTHER ELECTION PRECINCT WHEREAS,the City of Bryan approved Ordinance#2579 annexing 80.527 acres of land located in Voting Precinct 27; and WHEREAS, the new boundary lines of the City of Bryan do not follow the existing election precinct lines created by Brazos County; and WHEREAS, Section 42.007 states "A commissioners court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and unincorporated territory outside the city"; and WHEREAS, the Commissioner's Court is desirous of complying with the City of Bryan city limit lines, and the Texas Election Code; and WHEREAS, compliance with the Texas Election Code requires the division of one (1) voting precinct and combining the annexed portion into another voting precinct or creating a new election precinct; and WHEREAS, Section 42.007 of the Texas Election Code provides for combining election precincts and creating new election precincts; NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS,that Pursuant to Section 42.007 of the. Texas Election Code that Election Precinct 27 be divided to follow the City of Bryan city limit lines in Brazos County,Texas,to wit: 1. Election Precinct 27 be divided; 2. Election Precinct 111 be created to follow the new City of Bryan city limit lines; and 3. Election Precincts 112 and 113 be created to follow the new City of Bryan city limit lines, as this property was not annexed; • ADOPTED by the Commissioners Court this 27th day of August, 2024 by a vote of 6 AYES and 0 NAYS. ATTEST: Du Peters, County=Judge en McQueen, Coun erk oux/ 3041., 10029 10053 -.10036,11 5283 elf, 5308 5001 5035 5400 4859 X 348 ) a 10 1146 7854 11525 11455 CO LU LU 1,15 0456 11450 0500 10475-, 10525 436 5025 4971 ,��` // '~~'/' )�xn1 (�l NX -5078 5033 4855 tL co /5 Co Lu 1155 ---107 nu34 4957. /10820/ 4954 3879 4774 4150 4- 4990 4973 3880 --''o8r7� / no«» 11*UO `` ` �eO*``� `.'-' - ���n '''/ ' ` ' �h -'`- `` �B2 y '` `. .��n4` /�"`/ uoK� / �l200 ��! ^~' 11�z��jaU . 1�����'� ' `_ `_ �44� ` -� DocuSign Envelope ID:4255694D-E074-43FA-9011-8D5D801D5E57 ORDINANCE NO.2579 AN ORDINANCE OF THE CITY OF BRYAN,TEXAS,ANNEXING 80.527 ACRES OF VACANT LAND OUT OF THE MARIA RKEGAN SURVEY, ABSTRACT NO.. 28, LOCATED APPROXIMATELY 2;300 FEET NORTHEAST OF THE INTERSECTION OF HARDY WEED ON ROAD AND STATE HIGHWAY 30 IN BRYAN'S EXTRATERRITORIAL JURISDICTION (ETJ) IN BRAZOS COUNTY, TEXAS, LYING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF BRYAN; FINDING'THAT ALL NECESSARY AND .REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE 'TERRITORY ANNEXED AND PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED;PROVIDING:RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF .INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A.SEVERABILITY'CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Bryan,Texas is a home-rule municipality authorized by State law and the City Charter to,annex territory lying adjacent.and contiguous to the.corporate limits of said City of Bryan, Texas;and. WHEREAS, in accordance with Local Government Code Section 43.0672,.the City of Bryan entered into a municipal services agreement, attached hereto, on July 29; 2022 with B/CS Leasing LLC, owner of:80.527 acres. ;of vacant land out of the. Maria Kegan Survey, Abstract No. 28; .located approximately 2,300 feet northeast of the intersection of Hardy Weedon Road and State Highway 30 in Bryan's:extraterritorial jurisdiction.(ETJ)in Brazos County,Texas;and • WHEREAS, in accordance with Local Government Code Section 43.106, the 0.15 acres of. adjacent County right-of-way for Hardy:Weedon Road,is included in the annexation.request and 'WHEREAS, one:public hearing has been held during a regular meeting on September 13, 2022 and as required by law,in the Council Chambers of Bryan's Municipal Office Building located at 300 South Texas Avenue,Bryan,Texas,where all interested persons were provided an opportunity,to beheard on the requested annexation of property and territory hereinafter'described;and WHEREAS, all.notices of such public hearings have been issued as required by law and all hearings held within the time required by law;and WHEREAS, the hereinafter described property and territory is not within the boundaries of any other municipality,lies within the extraterritorial jurisdiction of the.City-of Bryan,.Texas;and lies adjacent to and adjoins the present boundaries ofsaid City of Bryan. NOW, THEREFORE, BE Tr:ORDAINED BY THE CITY COUNCIL OF THE CITY:.OF BRYAN,TEXAS; • 1. That.all'of the above premises are found to be true and correct and are:incorporated into the body of this ordinance as if copied in-their entirety. DocuSign Envelope ID:4255694D-E074-43FA-9011-8D5D801D5E57 2. That the properties described by metes-:and-bounds on Exhibit"A"and depicted on Exhibit"A-1" are attached hereto and incorporated herein for all purposes,said territory lying adjacent to and adjoining the present boundaries of the City of Bryan, Texas, be and is hereby added and annexed to the City of Bryan,and said territory hereinafter described shall hereafter be included within.the corporate limits of the City of Bryan, and the present boundary lines of said City are altered and amended so as to include said area within the corporate limits of the City of Bryan. 3. That the municipal service plan attached hereto as Exhibit "B" is hereby approved and is incorporated into this ordinance as if it were recited herein. 4. That the annexed:territory described above is.a part of the City of Bryan for'all purposes,and the :property situated therein shall bear its pro rata part of taxes levied by the City of Bryan,and shall be entitled to the same rights and privileges,bound by and responsibilities as other property within the corporate limits. 5 That the inhabitants residing and owners of property within the confines of the annexed-territory shall be entitled to all the rights and privileges of all the other'citizens and property owners of Bryan and shall be bound•by the Charter,Ordinances,Resolutions and other regulations of the City of Bryan. • ':6. That the official map and boundaries of the City of Bryan,Texas,heretofore adopted and amended, shall be and are hereby amended so as to i nclude•tle aforementioned territory as part of the City of Bryan, Texas. 7 That Chapter 130 of the City of Bryan Code.of Ordinances shall be and is hereby amended so as to zone 57.38 acres of the aforementioned territory Residential District—5000(RD-5)and 23.147 acres of the aforementioned territory. Commercial District(C-3)upon annexation. 8: • That if any portion,provision, section, subsection,sentence, clause or phrase of.this ordinance(or the application of same to any person or set of circumstances)is for:any reason held to be unconstitutional, void,or invalid,the validity of the remaining portions of this'ordinance(or their application to other persons or sets of circumstances)_shall not be affected thereby,it being the intent of city Council in adopting this. ordinance,that no portion thereof or provision contained herein shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. DocuSign Envelope ID:4255694D-E074-43FA-9011-8D5D801 D5E57 9. That this ordinance shall take effect immediately upon its final reading and passage. PASSED, ADOPTED, AND APPROVED on.the 131" day of September 2022, at a regular Meeting of the City Council of the City of Bryan,Texas,.by a yote of 7 yeses and 0 noes. ATTEST: CITY OF BRYAN: loll 94,44 QUt d,YUAI kLSOUt, Mary Lynne Stratta,City Secretary Andrew Nelson,Mayor APPROVED.AS TO FORM: 'A 8 Thomas A.I;eeper,City Attorney DocuSign Envelope ID:4255694D-E074-43FA-9011.8D5D801 D5E57 Exhibit"A": FIELD NOTES 80.527 ACRES Being all that certain tract or parcel of land lying and being situated in the MP,RlA KEGANS SURVEY, Abstract No.28,in Brazos County,Texas and being part of the 57.04 acre tract described in the deed from. Danny Ray Jarvis, individually and as Independent Executor of The Estate of lia Mae Grant, Deceased; Sylvia Ann Coffey Individually;Sophia Butler, Individually; and Cynthia Keate, Iricfividually to BtCS Leasing, LLC recorded in Volume 17263, Page 95 of the Official Records of Brazos County, Texas (O.R.B.C.) and all of the 42..60 acre tract described in the deed from Danny Ray Jarvis, individually and as independent Executor of The Estate of Ile Mae Grant, Deceased; Sylvia Ann Coffey, Individually; Sophia Butler. Individually; and Cynthia Kaata, Individually to B/CS Leasing, LLC recorded in Volume 17789,Page 267 of the Official Records of Brazos County,Texas(O.R.B.C:),and being more particularly described by metes and bounds as follows: BEGINNING; at a found 1/2-inch :iron rod marking the north corner of the said 57.04 acre RCS Leasing, LLC tract,said iron rod also nladdng the east corner of the called 21.86 acre Bryan/College Station Church of Christ tract recorded in Volume 17554, Page 1 (O.R.B.C.)and being in the south line of the said 42,60 acre BfCS Leasing,Li'LC tract; THENCE: N 49°15'03"W along the common line of this tract and the called 21,86 acre Church of Christ tract, at 1,110.42 feet,pass a found 1/2-inch iron rod marking the southeast rlght-oiway line of Hardy Weedon Road, continua for a total distance of 1,146.76 feet to a point marking the most westerly north corner of this tract and being in the approeireate centerline of Hardy Weedon Road; THENCE; N 45°35'20"E along the approximate centerline of said Hardy Merlon Road for a distance of 271.34 feet to a point for corner, said point also marking the west corner of the called 1,23 acre Douglas D.Maby and Bonita W.Magby tract recorded in Volume 9205,Page 135(O.R.B.C.); THENCE: along the common line of this tract and the called 1.23 Magby tract for the following five(5) calls: 1) 8 45°45'35"B for a distance of 624.07 feet to a point,. 2) N 22'0P 2(Y'E for a distance of 234.11 feet to a point, 3) N 45°35110"W for a distance of 156.49 feetto a point, 4) S 44`17'31'r W for a distance of 136,97 feet to a paint;and 5) N 45°41'31"1N fbr a.distance of 378.54 feet to a point marking a corner of this tract and being in the approximate centerline of said Hardy Weedon Road; THENCE: along the approximate centerline line of said Hardy'Weedon Road fior the following:two (2) calls: 1) N 45°35'20"E for a distance of 315.02 feet to a point,and 2) N 41'58'50"E for a distance of 44.69 feet to a point marking the northwest corner of this tract, said point also marking the west corner of the balled 2.4e acre Eddie and Charlene Luna tract recorded in Volume 1203,Page 714(O.R.B.C.); THENCE; along the common line of this tract and the called 240 acre Luna tract for the following four (4)calls: 1) S 61`34'45"E for a distance of 257.89 feet to a point, 2) S 26`41'13"E fora distance of 44.70 feet to a point, 3) S 65`11'23"E for a.diistance of 175.69 feet to a point,and 4) N 58°59'33".E.for a distance of 147.87 feet to a point:marking the north corner of this tract,said point also marking the east corner of the called 2.40 acre Luna tract and being in the south line of the called 73.12 acre Morcan Cook tract recorded in Volume 1167D,Page 66(C.R.B.C.); DocuSign Envelope ID:4255694D-E07443FA-9011-8D5D801D5E57 THENCE: along the common line ofthis tract,the called 73.12 acre Cook tract and the called 20:00 acre Margaret Pineds tract recorded in Volume 134.34,Page 176(O.P.B.C.)for the following seven(7) calls: 1) S 37°02'40"E for a distance of 118.20 feet to a point, 2) S 47°23'1.8"E.for a distance of 2.17.22 feet ice point, 3) S 47M6'.33"E for a distanced 238.88 feet to a point, 4)- S 47°29.'44"E for a distance of 187.09 feet to a paint, S 48°41'12'r E for a distance of 170.66 feet to a point, 6) $49'1032"E'for a distance of 488.80 feet toe point,and 7) S 49°45'16"E for a distance of 379.22 feet to a found 64nch treated fence post marking the east corner of this herein described tract,said fence post also marking the south comer of the celled 20.00 acre Pineda tract.and being in,the northwest lisle of the called 81,18 acre Martha Pate tract recorded in Volume 12363.Page.61 (a-R:B,C.); THENCE: along the common line of this tract and the called 81.18 acre Pate tract for the following, three(3)calls: 1.) S 42°33'47"'for a distance of 877.92.feet to a point, 2) 8 42`"2124"Wfor a distance of 215.54 feet to a point,and 3) S 41'4142"W for distance of 1,267,97 feat to a point marking the.south corner of this tract, from whence a found 1/2-inch iron rock rnetking the east corner of the called 2.21 acre Yato Properties tract and being in the west line of the called 4.4 acre Martha Pate tract bears S 41°41'42"W at a distance-of 364.36 feet for reference; THENCE:into and through the said 57.04:acre B1CS Leasing, I.LE tract for the following four(4)calls: 1) 'N$8°55'44"Vi1 for a distance of 69.19 feet to.a point, 2) N 38'55'40"1N fora distance of 228 60 feetto a point, 3) N 41°35'04"W for a distance of 171.72 feet to a point,and 4) 697.53 feet In a counter clockwise direction along the arc of a curve having a central angle of 10'32'44", a radius of 3,789.79 feet, a tangent of 349,75 feet and a long chord bearing N 43°58'06"W at a distance of 695,65 feet to a point marking the west corner of this tract,;from whence a found 1/2-inch iron rod marking the west corner of the called $7,94 acre Lee tract and the south corner of the called 21.86 acre Church of Christ tract bears S 40°45'30"Wet a distance of 850.00 feet for reference; THENCE N 40°45'30"E along the common line of this tract and the called 21.6$acre Church of Christ tract for a distance.of 1,376,07 feet to the POINT OF BEGINNING and containing 80.527 acres of land. 1,Gregory Hopcus,Registered Professional Land Surveyor No.6047,State of Texas,do,hereby certify to the best of my knowledge, Information and belief,and in my professional opinion,that this survey is true and correct and agrees with a Survey made on the ground under my supervision on June,2022. • C OOg"f.HaMvUr ....•.r• • • DocuSign Envelope ID:4255694D-E074-43FA-9011-8D5D801D5E57 FIELD NOTES 0.15 ACRES OF HARDY WEEDON ROAD Being all that certain tract or parcel of land lying and.being situated in the Maria Kegans League;Abstract No. 28, Brazos County,Texas and being the occupied portion within the margins of an asphalted county road commonly known as Hardy Weedon Road and.more particularly described by metes and bounds as follows: BEGINNING: at'a point being in the.southeast right-of--way line.of Hardy Weedon Road the same,being • the point of Bryan City limits and the.northwestern property line of a 42.60 acre tract being described in the deed from Danny Ray Jarvis,individually and as:an.Independent Executor of The Estate of Ila Mae Grant, Deceased; .Sylvia Ann Coffey, Individually; Sophia Butler, Individually; and. Cynthia Kaatz, Individually. to B/CS Leasing,LLC recorded in Volume 17263, Page 95 of the Official Records of Brazos County,Texas(O.R.B.C.'for the following two calls: 1) N 45°35'20"E for a distance of 1.07.52 feet for an angle point, 2) N 4.1° 58' 50"E for a distance of 44.69 feet for a corner. 3) THENCE northwest across Hardy Weedon Road N•61° 34' 45" W for a distance of 25.6 feet to a point. being the northwest right-of-way line for Hardy Weedon Road THENCE southwest along the right-of-way for'Hardy Weedon Road S 45° 35' 20" W for a distance-of 113.3 feet. THENCE southeast across Hardy Weedon Road 45° 41' 31"E for a distance of 27.25 feet to the POINT OF BEGINNING.. DocuSign Envelope ID:4255694D-E074-43FA-9011.8D5D801D5E57 Exhibit"A-1": `- ''\ ss \.. • . ��`\�• 0.1.5 acres of Hardy Weedon Road . t' �`' ROW to be annexed into City limits ,it ` s' i ,t r { e , 1 r • tl s' ,��{o'yy £ ,i i. `/r,:' f �, \` `^.,>e "mot\ a it , z As•I k,.• t`•, 1'\.\ 80.527 aCMS to be ,cp hob 1. '���ct. annexed into Ci ji limits } 4 /./ / \\,,,i> / , ..., /• \ c,<.6. /-64, :, 1 %" \.,. f ' ! C�. Y 4 \ \ .. , \ ri DocuSign Envelope ID:4255694D-E074-43FA-9011-8D5D801D5E57 Exhibit"B": MUNICIPAL SERVICES AGREEMENT . . . BETWEEN THE CITY OF BRYAN,TEXAS AND - . B1CS TAS G;LittC . • • This Municipal Services Agreement("Agreement")is entered into on' ` 'k .dAy of Li t 2022 by and between the City of Bryan,a Texas home-role municipal corporation(-city'") and 13/CS Leasing LLC("Owner"). • RECIT LLS The patties agree that the following titais we true and correct and form the basis upon which the parties have entered into this Apreement. . WHEREAS,Section 43.0671 of the Texas Local,Govemment Code permits the City to annex an area if each owner of land in an area requests the annexation; . •- . .. WHEREAS,.Owner owns certain parcels of land.located at 11057 State Highway 30, which consists of approximately 80.527 acres of land in the City's extraterritorial,jurisdicti n,such property being more particularly described and set forth in ExhibitA and depicted in`E shibit B„attached and incorporated herein by reference("Property"); WHEREAS, when the City:elects to at tex.an area, Section„43.0 72 of the Texas Local Government Code requires the.City to first enter into a written agreement with the property owner that'sets .forth the City services to be provided for the Property on or after the effective date of annexation; ' WHEREAS,City and Owner desire to•set out the City services to be provided.for the Property, subject to:final approval of annexation by the Bryan City Council; . NOW,THEREFORE,in eichange for the mutual covenants;conditions and promises contained herein,City and Owner agree as follows: . l.,PROPERTY.This Agreement is only applicable to the Property;more specifically described in Exhibit A. . 2.INTENT.It is the intent of the City that this.Agteesinent provide for the delivery of full,available municipal services to the Property,in.accordance with State law,which may be aceomplished thorough any tneansrmitted by law. . 3,MDNICIPAL SERVICES,Commencing on the effective date of annexation,the City will provide,the niurucipal'services set.forth below.As used in this Agreement,_`providing services"ineludes having services provided by any:method or mews by which the City may extettd.municipal services to any other area of the City,including the City's infrastructure extension policies and developec•or property owner participation in accordance with applicable City ordinances,rules,regulations and policies.It is tmder,stoed and agreed that the City is net required to provide a service that is not'inciuded in this Agteernent.Services to be provided effective iminediately tapen annexation include. •. .• DocuSign Envelope ID:4255694D-E074-43FA-9011-8D5D801D5E57 . a) •?O.LIC.0 WOTECTION • The City of Bryan,Texas and its Police Department will provide policeproteetinn to.. the newly-annexed territory at the same or similar service now being provided to • other areas of the City of Bryan,Texas which exhibit land use and population densities shnilar to.that of the newly annexed area.The City's adopted ordinances extend to the newly ataneRed area And are applied equally to all areas of the City. based on the policy and y,�ngt ing of such ordinances,'the av stuge.dispatch and • "delivery time,equipment dedication to service areas,and staffing requirements are.- • • comparable•to the average provided to other areas of the City of Bryan Texas'viticii exhibit land use'and population densities similar to that of the newly•annexed area. . b) FIRE PROTECTION AND EMERGEIsiCT MEDICAL SERVICE . • The City of Bryan,Texas and its.Pire Department will provide file protection and . • • ambulance service to the newly annexed territory at the saute or sirnilar level of '. service now being provided to ether areas of the City of Bryan,Texas which.exhibit • land.use and population densities similar-tothat of the newly annexed area. Furthermore,the City of Bryan Fare Department will respond to all dispatched calls ,(tncluding emergency medical scMces)'and other requests for service or assistance - • within the newly annexed area,-the same as it would within other areas.inside the . • City limits ofBryan- The City's adopted Fire Code shall extend to the newly, ann xcd.arca and is equally applicable to all areas of the City. . c) SOLID WASTE COLLECTION • • The.City of Bryan1 texas and its Environmental Services Department Will provide - solid''waste collection and disposal service to the newly annexed territory at the same • ' or similar level of service now being providedito otherareas.of the City of Bryan, • Texas which exhibit land use and population densities similar to that of the newly annexed area. Asa fee-forrser•vice the providing of this service shall be applied-to • the newly annexed area on an equal basis to that provided to the average and tyj ical • comparable area of the City of Bryan,Texas which exhibit land use and population densities similar to thatof the newly'annexed area. d) WATER-DISTRIBUTION SERVICE ' The-subjca property falls within liTickson Special Utility District Certificate of Convenience and Necessity(CCN),therefore City of Bryan,Texas and its Water • Services Departmnent.will.not provide water distrihation servile to the newly annexed' • . , `territory . .eA WASTEWATER.SERVICE • The subject property falls•within City of College Station Certificate of Convenience and Necessity(CCN),therefore the City of Bryan,Texa8 and its Water Services Department will'not provide wastewater Service to the newly annexed.territory. All scwerserviec facilities tat-may,come under the City of Bryan's direct , ' • jurisdiction in the future,inclu diing new facilities Which rosy be installed by developers of land within thisneWly annexed territory,will be operated,maintained, monitored:and inspected pursuant-to applicablle policies and/or ordinances:of the.City. of Bryan,.novv existing or as such:policies antlior•ordinances ritzy be'amended. ' . f) STORM WATER I+�IANA.GEMENT • City of Bryan'regulations concerning storm water management will extend to the- newly annexed territory,pursuant to applicable policies and/or ordinances of the City . of Bryan,now existing or as-sucli,policies and/or ordbances.tnay be amended,and in . accordance w_itltsinailarly situated properties within the City. DocuSign Envelope ID:4255694D-E074-43FA-9011=8D5D801D5E57 g) BUILDI??K I SERVICES • • The Development Services Department's-responsibility for regulating building . construction will extend tri the newly annexed territory,pursuant.to applicable policies and/or ordinances Odle City or.inryan,now existing or as such policies and/or ordinances may be amended.This includes issuing building,electrical and plumbing permits for any new construction and remodeling,and entbrcing all other • applicable codes which regulate building construction within the City of Bryan; • Ix) • PLANNING AND DEVELOPMENT The Development Services, ep rttnent's responsibility for regulating development and land use through the administration of the City of Bryan Zoning Ordiniimxr,Land. and'Site Development Ordinance and all other development-related ordinances will . extend to the itevily annexed territory.The newly annexed area Will also continue to 'be regulated under the'requirements of the City of Bryan Subdivision Ordinance: i) ELECTRICITY SERVICE Bryan Texas Utilities(BTU),ainiinicipal electric utility,will'provide electricity service to the newly annexed terdt6ry at the stone or similar level of service now being provided.to other areas ofthe City of Bryan,Texas which exhibit laud use and population densities similar to that of the newly annexed area.As a fee-for-service ttreproviding of this service:shall be applied to the newly annexed area on.an equal basis to that-provided to the average and typical comparable area of the City of Bryan,Texas which exhibit land use and population densities similar to that of the • . newly annexed area. - ROADS,STRIETg,AiLtYwAy .ANb TRAFFIC EI+NCII EERING • Any and all reads,streets or alleyways in the newly annexed territory wbiCh.have bccn dedicated to the public shall be maintained to the same degree and extent that other roads,streets and alleyways are maintained in areas of the City of Bryan Texas -with similar land use,population density and topography:Construction of new roads and Streets is the responsibilityof:Ehe developer or property'owncr desiring them and mustbe designed and built in accordance with applicable City of Bryan cedes and standards. Municipal maintenance of properly dedicated.roads,.streets azid alleyways.i(whiich . may be installed by developers of land within this newly annexed territory)Will be consistent with such maintenance-provided by the City of Bryan to otlierroads, ' 'streets and alleyways:in areas exhibiting land use,population densities and •topography similar to that ofthe newlyannexed area. The.City of Bryan Public Works Department will install traffic signs,street Inaddngs and other traffic control devices ire the newly annexed area as the need is established by appropriate study,pursuant to applicable petioles and/or ordinances ofthe City of 'Bryan,now casting or as such.policies and/or ordinances may be amended. • The City ofBryen Public Works Department will install street name signs in the . :newly annexed area,Under Cerrenteity of Bryan ordinances,developers are responsible for the cost of street.rime signs for new public and private streets. Biyanfiexas Utilities(BTU),a:rnunicipal.electric utility,wili.instal.l streetlights in • accordance with the utility standards of Intl,pursuairt to applicable policies and/or ordinances of the city of Dtyan,now existing Or as such policies and/or ordinances may be amended.Under current City of Bryan ordinances,developers are responsible- for the cost of streetlights in new subdivisions. DocuSign Envelope ID:4255694D-E074-43FA-9011-8D5D801 D5E57 • k) PARKS AN. .Xti--CRE;r TI.Oi The newly annexed territory doesnot include any known existing public parks, playgrounds or swimming pools which would come under the City of Bryan's jurisdiction as a result of annexation.Residents of the.newly annexed territory may use any and all existing City of Bryan.parks.,playgrounds and recreational facilities • and participate in any and all programs,events,activities mid services of the City of Bryan Parks and Recreation Department Expansion of recreational facilities and ' programs to the newly annexed territory would be governed by applicable policies • and/or ordinances of the City ofBryan,now existing or as such policies andkir • ordinances may be amended. • I} MAINTAINING OTHER PUBLICLY-OWNED FACILITIES OR.BUILDINGS • The City of Bryan,Texas:is not aware of the existence of any publicly-owned facility • or building now located in the newly annexed territory.In the:event any such publicly-owned facility or building does exist and arc public facilities or buildings, the City of Bryan shall maintain such facilities or l'uildineS to the same;extent and degree that it maintains similar municipal facilities and buildings now incorporated in the City ofBryau,Texas. ' 4.AIITI1ORITY.City and Owner represent That they have full power,authority and legal right to execute,deliver and perform their obligations pursuant to this Agreement.Owner acknowledges that approval of the annexation of Property is within the'salc jurisdiction oldie City Council.Nothing'inthis Agreement guarantees favorable decisions by the City Council. 5.S ; �ERABILITY. if any term or provision of this Agreement:is held to be illegal,invalid,or unenforceable,the legality,validity,or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby,and in ilea of each such illegal;invalid;or unenforceable term or .provision,there shall be added automatically to this Agreement a legal,valid,or enforceable term or . provision as similar as possible to.the term or provision declared illegal,invalid,or unenforceable. 6.INTERPRETATION.The parties to this Agreement covenant and agree that in any litigation relating to this Agreement,the terms and conditions of the Agreement will be interpreted according to the laws of the.State of Texas.The parties acknowledge that they are ofequal bargaining power and that each of Thera was represented by legal counsel in the negotiation and drafting of this Agreement, • 7.GOVERNING LAW AND VENUE.Texas law governs all adversarial proceedings arising out of the. sebjeot matter of this Agreement,Venue shall be in the court of appropriate jurisdiction in Brazos County, Texas. .•. $.GOVE,RNM; IN'fA`L I'OINERS.ft is understood that by.execution of this,Agreernenrt,the City does • .not waive or surrender any of its governmental powers or immunities, • 9.COUNTERPARTS.The.Agreement may be executed in any number of counterparts,each.ttfw'hich • .el+sil.be deemed an original and connstitute one end the same instrument. 1 .CArrIONS.The captions tothe various clauses,of this Agreement.are for informational purposes only and shall not alter the.substance of the terms and conditions of this'Agreement. 11.NO WAIVER.The.failure of either party to insist upon the performance of any term or provision.of this Agreeroept or to ex.erase any:ri,ght granted hereunder shall not constitute a waiver of that patty's right to:insist upon appropriate performance or to assert any such right on any future occasion. .. 12.AOR, ;LMEN I'BINDS SUCCESSORS AND RIMS"WITH Tull LAND.This Agreement is binding on and metes tn the benefit-ofthe parties,their successersand assigns.The term of this • Agrc etiient constitutes covenants running with rifle*land comprising the Property and is binding on the Owner. 1L Eit 1'IRE AGREEMENT.This Agreement constitutes the entire agreement between the parties and supixrspdes all prior erdl_and written agreements between said parties.No oral:understandings,statements, promises,or-inducements contrary to the terms of thisAgreement exist.This Agreement shall not be• amended tr<iless eleeeuted in writing by both parties. . DocuSign Envelope ID:4255694D-E074-43FA-9011-8D5D801 D5E57 • , , . . Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. CITY OF7fAll: •------ (CoWNER): .11y:• /al/ - . . By: Kean Register,Onanager - Name:4' Title: • , ' . , , PHA'Ai 4"-• . . . Approved at to Foim: . . . • AtwiAA apiA ao .. , . . . .•• . . . Thomas A.Leeper, Adj y . .. .„ .„ . . . . ,„.. - • , ' Att t: 4'. • • . . • . t , . . . . ..a7,0.tary Lynne.Stratta - . '—•City Secretary, .; • - ' • - , , . , . • . . . . . Stile of 1e*aii.. . ' ' , - • County or.B/**: . . .. . . . . 0... ,T1.41,11__,- . .. . This iytOrunteat t,vaLOmeWledgeti befprp,moon the 2 , .. ..44y of.. .202;by 1410A44 . .•.t5.V-STUZ.....co Manager of the City of Bryan;a Texas-mimic pal:corporation,'en beOlt9f.sOci q.orr004911- , . -f.istrairsiwiTbriftliardioritibtaufl.1 ' ,• :1 ' —e." 144LpRIDGE . CtAkk • 11 i•Afalh.• liotaiy201_3804 By: - 1 AV; MY'caccil)DIPH'es • . . ' Au .MZE -NPiii?lie,Stat. . f Teicas • _ . . . - . , . . . .. "Stat.eof Texas' - County of Brazes . . • • •. . . ....... . .. This instrument was acknowledged bofore moon tlie2J':day of." .441, ,2622,'_13y, 4ov:or •••*.7.91.,„„..4-•,,,... , • ,or(NOleitille),on behalf of said 1$it•LLeil.itykly - • ° (name of IcOany Pr indiVidUai,as 400444 . ..- •,. ., ., . • • • • _ •1- : • otp,104,• MURPHY BENJAMIN MIAIA,,JR. . . Iy:•:?-1."-ii.X .- .4.7. .T..(441:121'.". •(.1.-,?* :' • -* - 1, ; l'.. Comm.Ex ples 1141-2924 - SO Te* NotatvIDI2e216804 . - Aiter.Recoridinkiketurti te; • ' •. , . . •City Secretary • • ° Ci.t.Y.of Bryan' .,, 300 sOutliTem Ayaue . Myna;Texas 77,$0 • • DocuSign Envelope ID:4255694D-E074-43FA-9011-8D5D801D5E51 EXHIBIT A;METES AND SOUNDS DESC IP'i'1ON OP PROPERTY TO BE RINEXED INTO CLTY LIMITS • • FIELD NOTES 30427 ACRES • • Being all that certain tract cr parree1 Of land lying old being situated in the MARIA KEGANS SURVEY, Abstract No.28,in Brazos County.Texas and be i,g part of the 67.04 acre tract described ii1 the deed . from Danny Ray JarsS, ind ridualiy and as independent Executer of The Estate of Ile Mae Grant, Deceased,Sylvia.Ann Coffey, Individually;Sophia Buller,.Wtdividually;and Cynthia Koala, Individually • to B/CS Leasing, LLC.recorded in Volume 17266,Page 95 of the Official Records of Brazos County, Texas (0 R.B.G.) and all of the 42.60 acre'tad described in ti>e deed from Danny Ray Jervis. individually and as Independent Executor of The Estate of lla Mae Grant Deceased; Sylvia Ann • Coffey, ima qt aily; Sophia Flutter, in visluatiy and Cynthia Kamtm, lndtvtduatly to DIGS Leasing; LLc recorded in Volume.1 789, Page 267 of the Cfficial Records of dos County,Texas(O.1 S.C.),and , bet rrota particularly descrbed by metes and bounds as follows; ' .l"3ECtNNING: at a found 1.12-inch iron rod marking the north comer of the apid 57.04 acre Leasing, LW tract, said Iran rod also marking the east corner of the called 21.86 acre Bryan/Callege • Station Chtrroh of Christ act re0ordad Volume 17654, Page 1 (0 R.B.0.)and being In the south • line of the said 42.60 acre BIDS Leasing.LLC tract • THENCE: N.4.5°'15'Q3".W along the common fine of this tact and the called 21.86 acre Church of Christ tract,at 1.110,42 feet,pass a found 112inoh`iron rod marking the southeast right-of-way line of Hat Weedon Road, continue for a total *Vance of 1,146:76 feet to a point marking the most westerly north corner of this tract and being.lo the approximate cer 1t ina of Hardy Median Road; T1iENCE: N 4515'20'E along the approximate centerline of said Hardy Weerlon Road for a distend of 271.34 feat to a point for calmer, said point also marking''the west corner of the called 1.23 acre Douglas D,Maby and Bonita W.Magary tract recorded in Volume 9205,Page'135 THENCE: along the common line bf this tract and the called 1.,23'Magby tract for the following five(5) calls: . • 1) $45'45`35"E for distance of 324,07 feet to a point, 2). N.22407'20"E for distance of 234.11 feet to a point. • 3) N 45°3S 1o"w for distance of 150.49 feetto a point, 4) $44'4711"W farm astsnco of 186.97 feet to a point,>Snd • N 45'41'31"W for a distance of 370;54 feet to a point.marking a corner of this tract and being �in the approximate centerlineotaaid kriardyWeedon Road; , `('HENCE:along the approximate centerline tine of said Hardy tiVaedort Road for the following two(2) calls: • .1) N 45'35204 E for a distance of 616.02 feet to a point and 2) N.4I*585 "Efor a distance of 44.69 feet to a point marking the northwest cancer of th is tract, :said point also marking the west corner of the called 2,40 acre Eddie and Charlene.Luna tract recorded.In Volume 1203=Page 714(O.R;fi C.); DocuSign Envelope ID:4255694D-E074-43FA-9011-8D5D801D5E57 ' 111F44.,PE:,!:.elPflg3haRborrarnon litiaofthis ITect, the=Oapad 73.12 acne t:,ock:tra4t arid the Called20.00, . , •.. ... . . __, . . , •,. a00414*Ifkocia:5744teleOlfivo*41,14*:1?aio-17A.#)'MP;c1 fOr'.1.1*1050469 sOfin,,t7).- . • . • ..,0; slr.02,407,t for adittabce 0'118,0 feett ea pOilit, . 2j 0 41,!..211:8!!E foto:distance of II7:2'. feet to a point, .• • 3 s.4746i33 E for a dlstance Of 23818 feettOti.polet. ,. - •' 4)i. S.,47&.2•914.1 ElOtdiatatja013709 feet to a,point., §) 0 4847 f 1tEor4dralance 0'1706 fast it a point, . .4.. •, . . . 0). .6 491,0r52g.itte*tif;taild4 of'.488.A0 feet to plat,and . • • 7) S 49'45116rEfer a distance of 378.22 feat to a found 6-inch treated fence post marking the east Oorraer of this herein descebed tract said fence post also marking the south corner of the called MOO aorta Pinede tract and being in the northwest line of the cello:lel-18 Bete Meritel.• Pete tract:recorded in Volume 12383,Page 61(0,,R.B,C.); . ThIENCE; along the common line of We tract and the celled 81.18 acre Pate tract for the following • three(3)(oalls; . . 1).6 424331.4711W for a distance of 877.82 feet to a point = 2) S42n`21'249 Vital'a distance of 215.54 feet te a,poirri,and 3) S-4•E''41'421 W for a distance of 1,24'7,W feet to a point marking the south coiner of this tract from whence a found 1/2-inch iron rod Marking the east Omer of the celled 2,21 Sae Veto properties tract end being In the west line of the called 4.4 acre Martha Pate Arad. bears $4141114211 Wet a aster-co of 254.36 feet fl.fir referencel . THE ;into and through the said 57,04 acre BIOS I..easing,LLC tract for the following:four(-4)calls; 1) N n755144H IR/for a distance of 69:10 feet to a.point, . 2) N 88!5640"1 W for,e;distance of 22sg0 feet to a point ' • . 3)• N 41°86°04"W for e.distance of 171.72 feet to a point,and 4) 60743 feet in a counter clockwise dinection along the are of a ourve having a central'angle of. • • 10°3244% a radius of 3,789.79 feet a tangent of 349.75 feet and a long chord beerin2 • 'N 43'mow vvst a distance of 696,55 feet to a point marking the West corner-0 this tract,from -Whence a found 1/2-inch iron rod marldng the west corner of the called 57.64 soreLee tract and the south corner of the called 21.86 acre Church qf Christ tract bears 6 40.45'3171iN at a distance of 88040 feet for reference; . • - . THENCg.NI 40'45'30"E'Ong the common Fine of This tract end 1116 called 21.83 acre Church of Christ tract for:a cirOarico of-4a76.w feet to the POINT OF gpaiNNING and containing 80.527 Alvell(3f • land. : : .. . • I,Grry Popoui,Registered Professional Land Surveyor NO.8047;State of Texas,do hereby certify - ' to the Oast.ci gr.(knowIed§e,information and bekt and in my prefessionel opinion,that this survey is true and correct and agrees with a survey atade on the ground tinder my superilslon on June,2022. , . . , : • .. • • - - .- . . " . . . - 4.::ea"F•'rm.. • . •-,- ,,,-,,;..0.;.....r„f„., •_ - • • . . • • ..4: 8947.•,-TA-r • • • . _ "4*.,••• . ,•,•.4- J.3..-•1 • ' . " • .):,,,4/E1 IV .••••. . . . • • tiF 1.,Itii....t...tr, . • • . - ' - • . . , • • , • • • • . .. DocuSign Envelope ID:4255594D-E074-43FA-9011-8D5D801 D5E57 EXHIBIT B;PROPERTY TO BE ANNEXED 1NTh.C:1.TTY LI►ImTS ti Y. .= •6r ";-` �-, `` N , •,. • • ram: �. J �` ,, fir`) - '' • iY� .I..'r''7 , Subject8a.ra7-acras �'' �`: S',. r ,s-'•£, to be anneXed `� 4 iOm -ate- _ .+'+ •'\. .i '... . f ( \ 'e:: . � *_ . . •ti/� t` f `• . I `� f,. A f,3 �;I I 'f fy r " f' t�,e ,. • 'S *!`:. I i�.M1r •.,,yam 4. .''�. .+yi'^' ,t. ,xF �yl,- • s~''+` F r\"`yRl''' :'w. 1l b.,4 i Ts.,i „\ a••�. 'may, • .. -• 1 .t '.yam q T< t. '¢ _ .s Jt 4 4` 1 , ; ,- r_...;', Y3,� f .. ' }yam V f t i -'` ."at ,ram /t �,;7 i e ',,.,- •tx . "f ,. v. .fir ,,„ y ORDER DIVIDING ONE ELECTION PRECINCT AND COMBINING INTO ANOTHER ELECTION PRECINCT WHEREAS, the City of Bryan approved Ordinance #2667 annexing 5.59 acres of land located in Voting Precinct 27;and WHEREAS, the new boundary lines of the City of Bryan do not follow the existing election precinct lines created by Brazos County; and WHEREAS, Section 42.007 states "A commissioners court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and unincorporated territory outside the city"; and WHEREAS, the Commissioner's Court is desirous of complying with the City of Bryan city limit lines, and the Texas Election Code; and WHEREAS, compliance with the Texas Election Code requires the division of one (1) voting precinct and combining the annexed portion into another voting precinct; and WHEREAS, Section 42.008 (1) of the Texas Election Code provides for combining election precincts; NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS, that Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 27 be divided to follow the City of Bryan city limit lines in Brazos County, Texas,to wit: 1. Election Precinct 27 be divided and be combined with Election Precinct 111; 2. Election Precinct 111 be extended to follow the new City of Bryan city limit lines; ADOPTED by the Commissioners Court this 27th day of August, 2024 by a vote of 6 AYES and 0 NAYS. ATTEST: Duane Peters, County Judge K 'en McQueen, County rk . / eO 4 5283 O� • • • ��• ��0 5334 `87 4846 4_ O • �� ''� �A'% �PQ- 5308 • • {•..� h X >. ,. 8o8�•.cif - '` '�x• • >< �4799�480 4806 4861'48 5035 c •..<.X•,;4509,C 47."-., % ''`> %:•, 4 i ,x•,'?�48$$♦ , •..�•, .,; -C 'i'` vcr'r,^•. >}Iti:; 4857:lj•, - 5400 .�•;i 605` z 48 ' 5018 X`< r1:060,' 48 5`: •061:5, •�, :,� :%':>'; ..4832 , im ')'(',.�061:07:� Y`y10619`';/•4f0608 m♦ ,� `�x',10614! ' ':4809_x. •L Y. 24828 �, :gym :. ' 06.1• rcA`804,'�•', <>47';481' • •,.• . r ;,,,••s �:<:icj is y �r 14u '�0s. ♦e '' 0,624 ;'06% ' ".fix�y ''o _t; :�;5, ;.•8;1.V 32 �: . f$ ••' 4781 ' '1063`y:, f :"4810 •♦ : '. •'s • t, 062`xs477,9'" :907,96, .,, a e ` ;•.' ,., .,. ��71063n �., 77 d7�86,47,•9 1. '4800%:� \t`�::;{•.'�.���.•. ,/' <:<1e63 47`i-1r; 4:78 %21 "•;);:�•iz'' Ike♦, ' • S. 4744•Ik' -.6'4 68,• '-\\47944ic :y• v.•� ♦S' 'ems♦ 5633 ••" " 4 •� c.• /:,: E �� 11455a ` 7•62 �!> y ! ` '`x. ` fY `;- Z7.2.:; N�-[s .:�iS*gy 4750 io: ., \; i♦ • :��:.% ,�:;r,'cx �' •. •,^ `'�® ��' 11450 rj.X f% • `` •' x';y, y'.>;`,•:.••. 10975 f. •: •,'•' • z Y <X •` x;% ••• • 11057.` Y\fi io77o' �SIv, �'' xx,. • • • , f. •r •>'!ems" �.,!;' .����v '';�` r<} :x.„ ::: e • •10810 /`,,. < `C C •, l K,•:: .>c� i',. \/,X'/..:•. • •..,.,,:,:•*'44 _ 10958.<•,;;i'' f'✓k,,,, w-s>il'`.`<;'/`''",• :• :':, - 5021 • 4345 ♦` ' ;',,}ix.. •,:X,>: :? ; <'.,;. e '4323' 10900 • . •; �; kh,n '):;`-•''Y. .,/•,�-->;< A • • 5 89 ' / 11058 7:\ . ' '..�:,<;•: S-::.c%'"'‹',:.,< -".\ �- 4988'•.• •.:, 'p�'; :'<>'• J":!y` c:.:. < '!� 4855 G `,•4968 10976 Si• : '•'�' 9.11203;^::'; �`:;! ,�,>.!m�m O`G 11234 n� !m ? . •,� s 1`y" •. L> t '.'�•i;,.,gym 4773• :: i /,dry;:�,'•,J'y? !`•'`C' m • {�, •7:.ss 0 4705 ` ' . 11011 ` •:, .'�•„,• •••; ,:/ :; ;iC'•:r••�:''y,y :Y am.♦ •• - • •109 4303 � • O- 4400• •O; : i > < '•`;'Y c} "j:;::; • - is, �i.;,x;. / / •ccF P�� / e♦> • x /. ''tiXi• .X`,1C: /:x: < 4:. %^:�,♦ 4774 9,7 4847 4075 A' rQ • 11350C : ;.,: ^ .>:1''• ': ;.: x :;i:.,<•:;';: ♦i 75 ...44, 4 !V�' ti Q-: ,C'' 11275 O • me'' c •%:% X?c,(•,.-•: O. .'>„.•y. ", �• v 11160 O O. 11370 , -•a'>.. •'ii,'."�•a. ...,:•,; ;�: . ::'•;C,•'•:` ':<: �. -Xx 6Op• • O 4155 O ��- e♦m `:� \�' :.; - 6 : • . '' i;�_ ,,,, �, ;• ! c9 1/ 11385 / 11400 •min... ) ,4611/ i`� e ,•j 4154 4040 Q-,,11200• _ 266 - _ :1425 'm•O..•,,' :`�,i 11701�'•/:, ,:`i',CS.,,�,h>:).1.m/.�1 Dom Sign Envelope ID:AFEEFF98-FC60-4652-93AF-26C85A881p1F ORDINANCE NO. 2667 • AN ORDINANCE OF THE CITY OF BRYAN, TEXAS, ANNEXING TERRITORY GENERALLY DESCRIBED AS 5.59 ACRES OF VACANT LAND OUT OF THE MARIA KEGAN SURVEY, ABSTRACT NO.28,LOCATED EAST OF THE.HARDY WEEDON ROAD.AND STATE HIGHWAY 30 INTERSECTION,IN BRAZOS COUNTY,TEXAS,LYING ADJACENT AND CONTIGUOUS TO THE PRESENT OBSERVED LIMITS OF 1HE CITY OF BRYAN; 'FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND PROVIDING A SERVICE PLAN'IHEREFORE;OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Bryan,Texas is a home-rule municipality authorized by State law and the City Charter to annex territory lying adjacent and contiguous to the corporate limits of said City Of Bryan,Texas;and WHEREAS,in accordance with Local Government Code Section 43.0672,the City of Bryan entered into a municipal services agreement,attached hereto,on December 4,2023 with l3/CS Church of Christ,owner of 5.5.9 acres.of vacant land out of the Maria Kegan Survey,Abstract No.28,located east of the Hardy Weedon Road and State Highway 30 intersection,in Bryan's extraterritorial jurisdiction(ETJ)in Brazos County,Texas, and WHEREAS,one Public hearing has been held during a regular meeting on February,13„2024, and as required by law, in the Council Chambers of Bryan's Municipal Office Building located at 300 South Texas Avenue,Bryan,Texas,where all interested persons were provided an opportunity to be heard on the requested annexation of property and:territory hereinafter described; and WHEREAS, all notices of such public hearings have been issued as required by law and all hearings held within the time required by law;and WHEREAS,the hereinafter described property and territory-is not within the boundaries of any other municipality, lies within the extraterritorial jurisdiction of the City of Bryan, Texas, and lies adjacent to and adjoins the preaeht boundaries of said City Of Bryan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF IRE CITY OF BRYAN,TEXAS! 1. That all of the above'premises.4re found to be true and,correct and are incorporated into the body of this ordinance as if copied in their entirety. 2. That the property described by metes-and-bounds on Exhibit"A" and depicted on Exhibit "A-1" are attached hereto and incorporated herein for all purposes,said territory lying adjacent to and adjoining the present observed boundaries of the City of Bryan, Texas, and is hereby added,and annexed to the City of Bryan, and said territory hereinafter deseribed shall hereafter be included withinthe corporate limits of the City of Bryan, and the present boundary lines of said City are altered and amended so as to include said area within the corporate JimitS:of the City of Bryan. Page 1 of 12 Ordinance 2667 adopted February 13.2024 DocuSign Enyelppe ID:AF5EFF98-FCP0-4652793AF,26C85A881c.i F 3.. That the municipal service plan attached hereto as Exhibit"B"is hereby approved and is incorporated into this ordinance,as.if it were recited herein. 4. That the annexed territory described above is apart of the City of Bryan for all purposes,and the property situated therein shall bear its pro rata part of taxes levied by the City of Bryan, and shall be entitled to the same rights and privileges,bound by the same duties-and responsibilities as otherprOperty within the Corporate limits. 5. That the inhabitants-residing and owners of property within the confines ofthe annexed territory shall be entitled to all the rights andpriviieges of all the other citizens and property owners of Bryan and shall be bound by the Charter,.Ordinanees,Resolutions and other regulations of the City of Bryan. 6. That the official map and boundaries of the;City of Bryan,Texas,heretofore adopted and amended,shall be.and are hereby amended.$o at to include the,aforementioned tenitory as part ofthe City of Bryan,Texas. That Chapter 130 of the City of Bryan Code of Ordinances shall be and is*hereby amended so as to assign Agioultural—OpenbistriCt(A-0)zoning to 5.59 acres of the*aforementioned territory upon annexation. That if any portion,:provision, section,subsection, sentence,clause or phrase of this ordinance (or the application of same to any person or set of circumstances)is for any reason held to be unconstitutional,void,or invalid,the validity of the remaining portions of this ordinance (or their application to other persons or sets of circumstances)shall not be affected thereby,it being the intent of City Council in adopting this ordinance,that no portion thereof or provision contained herein shall become. inoperative or fail by reason of any unconstitutionality of any other portion hereof,and all provisions of this ordinance are declared to be severable for thatputp6se, :9. That this ordinance shall take effect immediately,upon its final reading and-passage. PASSED,ADOPTED,AND APPROVED on the 13*day of February 2024, at a regular Meeting of the City Council of the Cityof Bryan;Texas,by a vote of 6 yeses and 0 noes_ ATTEST: CITY OF tRyAN 13449 au24.9,-vvet Mary'Lynn Stratta,'City Secretary Bobby Gutierrez;Mayor Page 2 of 12 Di-dinance 2667 arinntFit1 FAheiihry 13 2f194 DecoSign Envelope ID:/31/4F5EFF93-FC60-4652-93AF,26C65A881C1F EAt e OF..13441/4 +%."4"'S APPROVED AS TO FORM: IZ • • Vt.s*A4.4. d_c,e.p ., • * gib 4-• Thomas A.Leoper,City Attpmey Ali, •*• Page 3 of 12 'Ordinance 2667 adopted February 13.2024 DocuSign EnveiOpe ID:AF5EFF98-FC60-4652=93AF-26C85A881 C1 F Exhibit"A": METES. NO BOUNDS DESCRIPTION STATE OF TEXAS COUNTY OF BRAZOS. Being a 5.59 acre tract ofland out of the Mafia Keagans League,Abstract No.28,Brazos County,Texas and being part of the remainder of that certain called 21.86 acre tract eland described to Blinn/College Station Church of Christ,recorded in Volume 17554,Page 1 of the Official.Records of Brazos County, Texas; BEGINNING at a I/2 inch iron rod with yellow cap stamped"TLS 6410";found at the northernmost corner of the above mentioned remainder tract,located at the most southwestern corner of a called.10.00 acre tract to RDE Ho➢din LLC,(17995/137),also located on the southeast line of a called 12.31 acre tract to.Robert A.Krupa and Kathy Suzanne Krupa,(204.5/113),for the northernmost corner ofihis; 'TlihENCE alongthe north line of said remainder tract,with.the south line of said 10.00 acre tract S 4957'Sl"E a distance of 278.68 feet to a 1/2 inch iron rod with yellow cap stamped"TLS 6410",found at the northeast corner of said remainder tract,located on the northwest line of a called 57.041 acre tract to BCS Leasing LLC,(17263/95),for the northeast corner of this; THENCE along the southeast line of said remainder tract,with the northwest line of said 57..041 acre.tract and.generally along a fence line S 40°46'35"W a distance of 820.77 feet to a calculated point for the southeast corner of this; THENCE crossing said Bryan/College Station Church ofChrist remainder tract,N 50D55'I9"W a.distanee of307.57 feet to a calculated point on the northwest line of said remainder tract,located on the southeast line of the remainder of a called 21.86 acre tract to Robert Krupa and.Kathy Knipa,(7278/193),:tar the southwest corner of this; THENCE along the northwest line of.said Bryan/College Station.Church of.Christ remainder tract,with the southeast line of said Krupa remainder tract and and said.12.31 acre tract,and generally along a fence line N 42'°45'00"E.a distance of 841..3.7 feet to the POINT OF BEGINNING. All bearings and distances are based nnState Plane Coordinate System,Texas Central Zone,Nad 1983.. This description to accompany a plat of like date representing an on the ground survey supervised by me Tyler Tundinsoai,Ii eSistered Professional Land Surveyor. November 10,2023 or Tyler Tumtinson RPLS No.6410 /. :'"k" *' Q � iftER tumuitsoi4 Fen410➢93858 'A 6410 0333.4-C.00 1.tip,-.•.-.••-� � • • Page 4 of 12 Otdiinance 2667 adopted February 13.2024 DocuSign Ernielope ID:AF5EFF98-FC60-4652-93AF-26C85A881C1 F Exhibit"A-1": / bbitt A;Knot at4, 'Lathy Saw,*Mwo WO WI clUT1 2045/11$ fo -;;AerirCirfra oe' Rid Wilt- Orif:"1:925/136' "It4.44104, 0.4 iild lir . lifili / , * / ..,, , / 2.440: f• ., n.... 'N%. azowt inemp vid N., ..zo- -Why KficA ionOrfer of 4i ckiii4 *".".1.,Me iter* ' 727'0104 tle ''''451014 cora$7.4iii irosi. . 4 .1 17263/03 e.,4;t1:: • 4,•e AIM 0 in do ..., v N. . .. ft WO 58*W• ,,,,...s... .. 4 141 , iii.•,, r:---".... MARIA KEAGANS LEAGUE U6SITS' ---, P-Ctrg. A — 28 N. '46 nas-olice BRAZOS COUNTY, TEXAS. ... N .1 • .—ti,,,,Ar„,,-.* / 4.$94kt. r'' Page 5,of 12 Ordinance 2667 arinnteri Fphrtiary ifi 2(124 DocuSign Envelope iD:AF5EFF98-FC60-4652-93AF-26C85A881 C1 F Exhibit"B": MUNICIPAL SC I3'4rilOE.S AC 1tEEi41 IT : 0. W EEI� THE CITE'OF PRYAN,TEE .iS ANB,. :,•BRYANJCOLLEGE STAT.tOPt Ch URCh OF GRIST • ' ' • ..ThislMunicipal Services Agreement(;`Agreement.")is entered:into on day of C4- fU 792)b r rndbett4een,;the City;of Bryan,e Tcxvs home rule municipal c rporation{`City"} ... add Bry inJCeileio;Stuiion.Cl uroli of Christ:C'Ownei").-•::. ' -. .. RECITALS •• _. • . The parties agree that the.follciwittg raaitals true and correct anti farin the bans upon-which:rho FHnics yave entered into this' greeiiient . • AS;,Sectiiiii 43 067.1 of the Texas-.Local Govern ment_Code permits the City'e:annexx:an . areit;if e tch owner'of land in att area.requests the annexation? . . .. • • , WHEREAS;Owner.owns a.certain•part.el ref land located eiis'tiot die Yardy eeedari,Road and -• •State Rigbway 3i)•;i;ntersection, which consists of:.approxiniatcly 3 S9 acres of land rii ,the City's ..• cxtratt tt oriel jurisdiction, such=property being more.particularly described and•set:forth in.Exhibit A ' attached and incorporated herein by rcferef ca-("Property"); . WHEREAS when the Cil'y elects to a annex an area, Section •43'.0672 off•rho•Texas Local Govern¢nent Code requires the City to fuss ontcOnto s writtetiagtbenient With the property owner that sets . • tnrth ttieCity services to be 1rorided far iha property on or after the cfl ctive date of tiiiitok Lion; . WIFMREA&ci0:-.. tids CiWnetiiieSire to set out the.City servteea to be provided for the(groperiY . subject to final approval of annexation by'the Bryari City Council, - , NOW,TiflEfLEFOIRE4 in oxchange for ttie anutital`covcnants,conditions arid'+romises contained : herein;City and Owner agree as follows_ • .1..PRI.IPZ 13,11 Y i Iris Agreement is only applicably to the Property,rnorc spccifitrtlly described in Exhibit 2. xlNTENT.It is the intent-of the'C.City that tins Agreement provide for'the delivery of mill available, municipal scr►tces,to the Property ni act ordance with state law,which may be icOottth,gied throughink; mt nsperinittedby lase ,,: 3•-I4 EINICIPAL SERVICES-Conimcnwng on the effective date of annexation,the City will prnv ids the • - itiuiliicipa l:services..set forth`below,,Asused in•this Agrcetiiantt 4 providing services' includes haying .. - services•provided b mnyf method ar:means by which:ttie City_may v*dl municipal=.s`ervires to any thcr •arca of the City incItiding the eft}s nifrastrut.ture'ei tension policies anti Nees eloper or prop.^,rty-aw..ner . participation in accordance.With applictthle City ordii acres,i.ules,•regulations andpoiiciec It understood ' and agreed that the.City is.not required to provide a se viee thin is nine included in this Agreement;. -. a) PQLIrvE.P.ROTEC I;ON . . .. -.:Thee City of Bryan,Texas anal its Police.l7epar.uri.4 .'wilt provide`police'protecttotito ' ,. the'newly,atinekid territeiy at:the same or similar service now being provided to other • Page 6 of 12 Ordinance 2667 adopted February 13.2024 DocuSign Envelope iD:AF5EFF98-FC60-4652-93AF-26C8 A881 C1 F areas of the City:.of.Bryan,Texas.wliielt;exhibit land use and population.densities. Srmtlai-t drat ci 0, ..00w v annexed,area.The Cit is adopted orcBiitance •extend to the newly annexed:arca and ate,aptiliird er,{leally to aEl areas:.af the City based nn•the'poltc} ,. arid:wording ofsuich ordinances.The avortge,di.patGh.and delivery time,equipment: kdica1 on to service areas,.and•.staffing requirements are comparable to the average p .vrded,to other arcas-of the City of 1:31.7kan, `l04,5".wii 0 e\lirbit.land. use end. popitinoit detisittgs similar>ti hat of the nv�vl}'_annex area , h) F1RE PROTECTION ANI EMERGENCY l ttilCAt..SEitVIC.E The City of Bryan,Tacos and,its l;ire:.lJepartrneut will grarnde fire protection acid. • . :. . arnbulaice aeevice tothe newly annaxcd territory Ott the.sutne or.inlilar level of service .• . crow bu isr,pro iatie'I to otliec tai cos of the City of Bran,Texas whieh i<xhibit lucid use and population denOities•simi.14.to ifiel of the fle!?c'ly aiutexed area E> rinorc tht: . City ot.<Bryari:..I ire 'Department will respond to all`dispiitolri.I calls (maludiiig . emergeiicyy mvdieaL.servtces). and other requests for ivice or essistnnc within the nevi r annexed_area,the same'ts.it wuiiltl witch'+otkter•areas inside the City liri its of Bryan ''fire Ci 3" adopted Fire,Code shall.extend.to th4 ni ly,innexod area.and is equally epplical io to al.l,area.s.of the City. < v) :SOLID.WrAST1 COI,LE.C'pIC2,1 - . . . The city•of Brjrari,•Texas and its Entiironmeninl SONiies Department will provide solid wF tt co ll ion and disposal service•to th ncwly annexixl territory at tht'Sarno or similar lcvel:of sor,iCG now:being provided to other areas:of the City•of Bryan, --'[,axis'which exhtbit;land use:and population, 4nsities•simnel.to tlLLt of the newly . anna srcn a fee-for service the Fravidieigjoftii s service shallbe_applied.:to the.. •-.;mewl innexed:area on On i tn1 basis to that=provided to the average and+typical. .. ..,comparable area of the.City;of,Biyan,..Texas•which exhibitlaud use rind_popiilati n . . •densities siinihir to:that of the.newly annexed area , d) •WATEW13.1 S r1:t113UTION SEIWICE •. ; . • :. The subject propcitty.falls within. NVioks+on K,S0, ei4i Utility District_Certificate of . 'Convenience ri 'fecePity:'(CCiq.ktth€rofore:ally of Bryan,:T.O.; as..turd it*.Water Services )epattmenl will zno(prosy ide domestic:watei distribution seruicc to the newly annoxed"territoiy.• . .e) ..WASTENiYATER SERVI.C.IEl< : .. . The subjt t property Falk strithiii City of College Station Gertifvcatc cif Convenience .and liecesiy ccN tlicrcforc te Cy itBry'in Teaaaid is ' rat Serices Deprttent will notrieeastctvaesetvicuto.thene yily nnxed territory.t All:sewra scry a:e,.tricilities that may corns underthe City•of Brgan's-diredjurisdiction in thel :inclii futurc, dirig new facilities which•may bo�;itistalled;:by dcvvlrs opc .010.nd _. • •:within this newly:annexed territory,•will .be:<c pciate¢, mail tained, tnonita ed .and inspected pursuant to`applicable•policies.and/or ordinances of.tf to ity of I3r}^an,'n w .- existing o such pcilit<ies aritVoir'prdinances may be amended. • Page 7 of 12 Ordinance 2667 adopted Febriiary 13.2024 DocuSign Envelope ID:AF5EFF98-FC60-4652-93AF-26C85A881C1F 6 •STORM. VATER MANAGEMENT Ct ' f BRan.:re, citations concerning storm•water management wiii extend.tn the.. iewlu anne cd territoi},;pnrsuarit to.applicabl4 polrules aiidtar ordinances of the Cady (+l'Bry t,no;;`ext tun.g or as ncli pc Iicles and/or.•ordin'attces nta)i be:amended,and in aodoa ahac with;s%milarly satiiated.prbperties; iti+in the City : ,,,,",.;..:.....,.,::•,. g). .•BUILDING SLII<'r'icES 'I he 4 evelopt eiu Services i3egartnient's ,respoc. nsibrlity for rc calakeng buiiriling constricct1on�w extend to tine newly annexed terrttory;pursuantto pplical 9 policies andfor ardinanccs of:the City of Bryan,`novv cxistipg•areas such;poliei s arid'or „ordatiai ce iiiay he attended.This rncludes issuing buildrn electrical and•glwmbin ps,rni ts.for any u0,5i c.onstruvtiian ztnd'tesiiaxlelitxg,im4 eit,foscrtrg all other.applicable `, codas which regulate building constrigcnon•wit[ t}ie Citi of Bryan • h PL,i'kNNING..ANI3;I)EVELOP1�iENT '•The veloprrgcnt_Service, Ilepartainent's rpsponsrbiliity for regu€sting development. and land use through:the adirunistntion oftlie: et(ofBr', ri ring Orthuane Land grid Sete 1]atretapinent Ordrnauice and.all other ddepthent ralated,ordinances.will eXtxnri to than newly;annexecl Ierritory Ilie iii wIyr ainneied ate;will also cot., to` . t re:gulsted under the t uirei icnts:of the it 'o£Bry an Subdiuiswn Orcflinaeice,. i} 'E.,LECTRICI T;'Y SER►'ICE • li>yan Texas Utiiifies (BTU , a irieuiioipafl electric''utllit}, •dill provide electiicity. sarvtc.e to the newly i.emexed.territory at the since or.•similar level cofserviee Haw being:..,._ rovid d eta other areas of the City of Bry nr Te;ins which exhibit land 'itse aria populaitoii densities similar to that of the n• ewt}annexi ed ati Asa fee for-service',the' a providing of tfiis sere ice 5ttall bar applied't4 the nVdly annexed cues on ari•eqr al hasis,"_ to thatpro sided to tics average and typical comparable aceaoft e C of Bryant,Texas:. <," :: :.c'.hieh e�tlitihtt_larlrl•tese arid pppnlatictn-den tiies srnularto that ofthe.netvly annexed are . • J) ROADS,,STRtEl"TS,ALLE'YWA YS A,Nll;i`RAFH - -,!.,INEERING . An f acid all roads,'st ets ar.alleyways.in the`newly annexed t..• -.or} vw hich have teen dedituted to the public shall t e maintained•to><he sane degree and eaten#that Quiet.• .= • a. roads,..streets acid alleyways are maintained.in areas`of the Citya of I €m,•Texas-with similar.land u. pnpiilauau density aiiii`topography. Construction of itev�r roads acid streets'is the>esponsrbihty of the•do xetopa:r or.prop rly owneiy clesir n therri and must ' ''....'-:..1-'.:,:.'': ' . . -. ':.:::.'be - dd andbisiit in actlbni iriec wt. ..pplicalllc City iifl3iyaii eo a and 53ttnciarcl,,• -: 'Municipal maiiitt Hance ofproperly dedreatcd:rorads,streets and allay�ways{whiel may . • - .be tusralled Fs developers of land vhhrn dies newly annexed territory}:;will be . ., ansistcn#worth suoh tsistmtenance p>ovidr cl liy;the City o 7 iyrr tt to other Ya7�id$,streets:•` .''.:.-andalleyways.in areas exhibiting land use,population densities andrtop ngrapl'ty atmilar` to tht t;of th ne i�l}� iiitii,cea ar.'ea. s Page 8 of 12 Ordinance 2667 adooted Fehruary 13.2024 DocuSign Envelope ID:AF5EFF98-FC.60-4652-93AF-26C85A881 C1 F • `•':The City of Public\W tks liDs6partinent wi l igtstiil{traffic str'eet,ip. rk►nga - -and Odier traffic`:`control devices in the newly azniexed.area as:the deed: s established by appropriate staidy,pursiiarit to applicable policiea and/or ordinances`.of the City of Sryan:now existing or as such policies andfor ordin*bees ni iy lie.amended • . Thy City of Bryan Public Works Department will install.street naiDe signs iti:the`newly" . annexed:area.Under current Cityr ofBryanordinances,:devclogers.a responsible for . [3 yani Texas (ltdt,ttes (13`1(J) a municipal electric utility, will,install-streetlights'in • ;aecordaiite4 with;the utility state t rds of J3 fU p s is t to appl cable policies, n4 or. ordinances of dire City of Bryan•now.c tisting.at;as such poltcKics and/or orthniinces tti y be";ntnend i Ditder current C'ityy;ofl yanorditances,devvelope'r.:Sie ti 'spansinle • far the: ost of sttcethllhts in ti snbxlivistons ` . IC) PARKS:AND CI .EATION•'•. : • •• . !'lie newly annexed territory does not include any known €xisting public parks, liriygxt rinds or awitrtning pools which would come under the Cry of Bryan's jurisdiction as,a result of annexation.Residents:t f the newly•annexed temtoiy z31ay-use ,• ;iiny r;n t all e' lsllat city,of l iyan park,, playgrounds andrecre tional facilities and • . ,participate m aiiyitnd sail prop tins,a tints,actc .iwttes anti startlees o 1.41ty�C ofl3t'yan • Parks and Recreattonl?epartmeft P.xpension tifrecreational faciliticsant!proorarns• to the newly annexed territory,~would" be go1ern d by applicable".policies"'and/or = .."`ordinances of the Cityy of Bryan,nob'"existing or as such policies an4'obr orollitOees maybe amended , q p, 1 • :.4 VI'AIIvI1hG THER PUBLICLY-OWNED FACIUJI'I'IES-OR BU:1LDINGS 'The City of 13rti'9,tt,Texas is riot aware sf the a istence•of any publicly otsned•f icilit4. ar building iib*,1pC fled in"Ihe ripwl'v annexed territory.In ttte a tint• publicly,- • owned;facility or building does exist and are•public facilities or buildings*the.City of ' ..Bryan•sha11 ttiaatttatii such eicilitics nr:buildings to the.siitlle extent and degree•that st • maintains slim lir rtl inicipal;facilities aced•baiildnags'ntri incorporated in the City Of • • I ryan,Texas $. PT1lOIUTY City and O►vaer.represent that they have;fiill power,authority e d legal:righ t to ex€icut; . delia er and perform their obitgatmns pursuant to thisAgr'eement.0tynerrr;aclatowledges that:"approval ofthe uniu.i,ation.ofPropctiiyy i it3vn the sole.jurisdietion"of;ttie City Council Nothing iit ibis Awgr em nt tees favorable decisions by tIre City Cauncit., 5.;SEVERAI II.TI"i' If airy term nr provision••o't this:•Aarecri cnt is held to be illegal, invalid;•or • unenftireeablo* the logalit4 validity, or.cnforncability of the remaining terms or prt visipns of this ►greenaetit.:iltall not he affected thereby,and in lieu of each such'illegal,in'alict,or unenf©reeihleterm or pr vision, there shall be added automatically to this=1Agreement.a legal,.valid,;or enforceable terni.:or provision as strrtilar as I ossible to the iei ni or pro',ision declaredl".llegal,invalid,sir iinenf rceabte- u 6;..11 rLFl.Pu TA MN The patties too this Agreement qovenant.end agree that ni.any litigation relating. tc :this 9gr emcnt;the tt ems and conditions Ul the.Agreement will be interpreted accordlr g to the;t•axis of the,Statc-efTexas.T)ic panics aekiiovrletlge than they are cal dual t*tgaa•nning power and.that ear h_of titem •: • was"represented by legal counsel in then gvtlatioiiaiad-drafting Of tins eAnrecincnt, Page 9 of 12 -Ordinance 2667 adobted February 13.2024 DocuSign Envelope ID:AF5EFF98-FC60-4652-93AF-26C85A881 C1 F f GOVERNING LA v AND.yZ IU. ,"Texas law gaver'ns alI ativersarrtl proceedings ni sing out of#ha - subject,maiter of this'Agreement Venue shall be in the'cigurt of a*ropriate,juirrsdichon in Br9zos County, ` Texas. R.GOV1:'RNtV1FN r,A L powMt5 Tt is understood that by execution of this Agreement,"the City does nat'.. waive or surrender any of its governmental powers or'imn unities. •, 9.=COUNTTERPARTS The Agreement may be executed in any numberxof counterparts,cinch of which-' shall be darned an original and vonatitute ne and the seine in trument. 10.CAPTION: The i�apttons to the various clauses of this Agreement see for informational purposes only _ and shall:not'alter the substance of the farms and conditions of this Agreem nt • . 11.NO WAIVER,The'failure of ithex•party to rnsrat.iipon the'perfori anee of.any term cif provision of - this Agreement or to:exercise any right granted hereunder shall not constitute a ivaivfir of that patty's right -'to insist upon appropriate:performance oe lo'assert any•such right'on any future occasion `, 12."AGREEItrTd NTifiNDS.SUCCESSSORS RUNS''ITIITBELM9D ThisAgrv.inentisbinding- • on atnti roue s to the.benefit•nt•the parties,their sec a vrs and assigns `the term of this 1Agreement. constitutes covenants runningwith the gland comprising the Property find is binding on theOwvner. _ • • IMIFNT This Aeeniett constitutes the entire agreement between;the parties and '.. • 1"a : TIRE A+^riitT . supersedes all prior vial and written ements between said arties No oral understandings,statements, , . pramiaea -or',inducements contrary to the terries of this Agreeetnent exist This...Agreenieiit shall not be amended'unless executed in writing bye both parties. Executed as of the4e.iidyear-firstabove1vintentobeeffectiveontiieeffectivedateofannexation • oftlte Props ty CCITV'.OF DR1'AN: WNER} , • .. • • . , - - . Dy B y /• • • . • ;.Kc$n114i4cr nako Name I 1 1�• - "-. - ' l ( Approved as to Fo : . • r `Thomas A,Lei:' r,•!,'F,'Attorney'"•:' ' . ` itariv Lynne s rattn • - CttySSecret • • Page 10 of 12 • Ordinance 2667 adopted Fhru'ary 13.2024 Deco Sign Envelope ID:AF5EFF967FC60-4652-93AF-26C85A881C1F State of Tex�rs Count of Lsos - -This lostramebt wee tient'iowle dged before.me ova the a of_ a by F{eati� Re ester % 1+v4aniWofB an,a Texas muruai al ao oration}an behalf ifsatd co otr tiara t. r s_ • i+ i � a lotarv:Pnblic,'State of TUxas ° _ ' ua-' 4 . r a0F 4 4—rn State of Teals roai Coum haf Br no , • •if! :, s . ``imot pc ctOr ledg 4seforp;m on the ;yla�r of f hY �{.�, af{I amp t�tIc},on br~ltolt ei� 5 rt75,r9 T t {rsattra o . ;':cc�s ip y oor indt dual as.a 11cable • • • !� Y ,. .,_,, .PIS...-. :�.. .''. y [4APM.&INE E MCIi1NZIE, • F tote3�jC9' t453�941$ , ° s �� M)Gornrnldsion expires Cat} Secretary 04SosthT divcnua - Page 11 of 12 Ordinance 2667 adonteii Fehruary 13 2024 DocuSign Envelope ID:AF5EFF98-FC60-4652=93AF-26C85A881 C1 F ZONING AND LOCATION MAPS: �.R. , oat..\ • pp • ` C\P rcn -3 � � � o `iEf0 � J Ot�C Jt ' / (q -- • • O`••.. 1• O \-1. 1, ) ff Q�'G � " r `l Br ., ` rxi r f Rd 5 a f •� ¢- �fCnlle�e�dtr ��`' ✓' �' -(:s : .Subject5.59acres r � zMx _ • § f • ,€ � • to be annexed A-O District 1, r • sy • rb v., ♦ / Gyp �r €g�� L4, • 41 V • S �i Sy, a, fr k4` z ._ f ,.• ,fr.:tL '� "-7' ' 10'�, •�• 3Z r 3,� • ,, 4 .r6,`., '. . 4 a§.� °"S.-. QED � '� ' ! S e ke a '`,,,, ,z'0 L ,,,fir,-M' f a ' ,n ° e x r. .,.4 r,$ate ,' .SR' � e�r4,1 µ�^3 .� s "� ' f ` :'- 3 £ _' l c. s- F ti i t F. ,sic r � w -� 5 '_ - y A ,: 4` 1 : a ` 'ar r h.K . y4' ,^ • PL . .zv• ,�OA x a .a .., ch.."" . F�' e �, :.. �., ..,,,,4,1.. ...„,,,_,,,,,,i,..,...„10,cir N.4 posa,_:- ./..48-....1,4wsq..,:lu...4.v..zifg.4,1,,,_4,:gi.,;„......:i ��- <�Ssu^ � ���� �;. IN ��.3cs, �3 Y -s n r •���,��"t���,= �?+,• ��,a f �' - 4 � � ?• l. • it .1 ' ,..` i i as"}. {`. : Ar+'04,4,; •'0+. + iG S 'Subject S- • Di *% -• -,- f o `.v. i, 1 ▪ at"�}p Q ,y 17 ,to be annexedA 0 District c� � ,. 5,+`' x i .°'�'I-f L,-,,,,m ,* 1 , 4� i i � e.,, s, 'v`+`�.,..›..+.,,.. y. ,-Iatrw''. Pam✓ x c r 3ar t. �b�K �xO:• 1.JP.°t' ..; a v r;,+.K '"t b �it.,:1� •° 4 y."S":-. 4. z4 `QY- '�4g-a µ d '4h% •"`� z ^r'rt 4 � ' &.,ra ,k d'��Isa �.� e �YM'��4A•s ~� �f`'� i. FT `f ys'r +5 T1°` "" p'FS`Ly "g �Yf.:q ,� S,y g "+K s• 6: y 1�A .- .:... v: � V'1 tir +t'.+i' +,.1 t1 3.'. '"g,� �. 1:4,:y:',A , ve c yam`., z .,,, �' ��r i r' � L 6 • . e fv3, b'`'P�.. ^?+''�`. ;xS' _ N ' Yr 'i' yp I' .W_ ♦, r' fi C, i. ^µ' 4�.�` � � .�8}' '°"�+,. �'' a �xY ,�t,^5 x,�r k S ,x�^Y' #k v 1- '"�,�v+� �'1 _i `` .. z.-1 e ^* a '`.-4 t', - .f +- .,,,, 'r' .7 J • sa.� ! „. P 4 +k '44;' �Ii .,. °+ I '?. y `e L..,.r'� ,,,-/ I •. 4" -`..1"�,1.! ter 4i ' k . }`.�"'='f, 'Z' N• j 'f}'1 '4-41. S r � '.'.a. _ ',,,,� ; Y�' �- �:':. Y.• "`',' �.ves >r �p'ti ,i,�/'..�atl'.�. c+:+d'K+.9FZ,a. �' £ i '{.>. y.+ C� �e'a• .,a t. s„ ' „A. „_'�^.;sudR t'; ... Y ifi.. ./l.4w�lsa.`*K�Oe..:�.k3evh Y4.'!:1rfiC,:As:,:1d^ �..6I�': Page'12 of 12 Ord'inance 2667 ad0oted February 13.2024 • AMENDED AND RESTATED BYLAWS OF CITY OF BRYAN AND BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION,INC.—A LOCAL GOVERNMENT CORPORATION ARTICLE I PURPOSES 1. CITY OF BRYAN AND BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION, INC.—A LOCAL GOVERNMENT CORPORATION ("Corporation") is organized for the purpose of aiding, assisting, and acting on behalf of the City of Bryan and the County of Brazos (collectively"Local Governments") in the performance of their governmental functions to promote the common good and general welfare of the Local Governments,including, • without limitation, economic development, as may be determined from time to time by the City Council of the City of Bryan ("Bryan City Council") and the Commissioners Courts of Brazos County("Commissioners Court") (collectively"Governing Bodies"). 2. The Corporation is formed pursuant to the provisions of Subchapter D,Chapter 431,Texas Transportation Code("Act")as it now or may hereafter be amended,and Texas Local Government Code Chapter 394,which'authorizes the Corporation to assist and act on behalf of the Local , Governments to accomplish any governmental purpose of the Local Governments and to engage in activities in the furtherance of the purposes for its creation. 3. The Corporation shall have and exercise all of the rights,,powers,privileges;authority,and functions given by the general laws of the State of Texas to non-profit corporations incorporated under the Act including, without limitation,the Texas Nonprofit Corporation Act, Article 1396- 1.01 et. seq., Vernon's Texas Civil Statutes or its successor under the Texas Business • Organizations Code. 4. The Corporation shall have all other powers of a like or different nature not prohibited by laws which are available to non-profit corporations in Texas and which are necessary or useful to enable the Corporation to perform the purposes for which it is created, including the power to issue bonds,notes or other obligations,and otherwise exercise its borrowing power to accomplish the purposes for which it was created. 5. The Corporation is created as a local governmental corporation pursuant to the Act and shall be a governmental unit within the meaning of Subdivision(2), Section 101.001 Texas Civil Practice and Remedies Code. The operations of the Corporation are governmental and not proprietary functions for purposes of the Texas Tort Claims Act Section 101.001 et. seq.,Texas 1 Civil Practice and Remedies Code. The Corporation shall have the power to acquire and sell land in accordance with the Act as amended from time to time. ARTICLE II BOARD OF DIRECTORS 1. Appointment, Classes, Powers, Number, and Term of Office. All powers of the Corporation shall be vested in the Board of Directors ("Board"). No later than thirty (30) days after the filing of the Articles of Incorporation of the Corporation,the Board of Directors shall be expanded to nine(9)persons composed of the County Judge of Brazos County and three(3)other persons appointed by the Commissioners Court, the Mayor of the City of Bryan and three (3) other persons appointed by the Bryan City Council,and one(1)individual appointed by the Board of Directors of Twin Cities Endowment, Inc. who shall have no voting rights except in the case of a tie. Directors shall be residents of Brazos County, Texas. At any time, and in their sole discretion,the Governing Bodies may,by interlocal agreement, alter the structure, organization, programs, or activities of the corporation, subject only to any limitation provided by the constitution and Jaws of the State of Texas and of the United States relating to the impairment of contracts entered into by the Corporation. 2. Term of Office. The terms for the Brazos County Judge and the Mayor of Bryan run coterminous with their respective terms of office, and such positions shall thereafter be held by their successors for like terms.The other directors shall serve staggered two(2)year terms. Unless removed from office,each director shall hold office for the term for which he or she is appointed and until a qualified successor is appointed. Directors shall serve as such without compensation except that they may be reimbursed for their actual expenses incurred in the performance of their duties. Any Director may be removed by a majority vote of the respective appointing Governing Body, for cause or at will. In the event that any Director resigns, is removed from office by his or her Governing Body, or no longer serves on the Board for any other reason, the appointing Governing Body shall appoint a new Director to complete the unexpired term. 3. Meetings ofDirectors. a. The Board of Directors may hold their meetings and may have an office and keep the books of the Corporation at such place or places as the Board may from time to time determine;provided, however, in the absence of any such determination, such place shall be the registered office of the Corporation in the State of Texas. b. The Board shall meet in accordance with and file notice of each meeting of the Board for the same length of time and in the same manner and locations as required of the Local Governments under Chapter 551, Government Code ("Open Meetings Act"). 2 The Corporation,the Board, and any committee of the Board exercising the powers of the Board are subject to Chapter 552, Government Code("Public Information Act"). c. Regular meetings of the Board shall be held at such times and places as shall be designated by resolution of the Board. Special and emergency meetings of the Board shall be held whenever called by the President or Secretary/Treasurer of the Board. The Secretary/Treasurer, or his or her designee, shall give notice of each special meeting in person,by telephone, electronic transmission(e.g.,facsimile transmission or electronic mail)or mail at least three(3) days before the meeting to each Director. Notice of each emergency meeting shall also be given in the manner required of the Local Governments under the Open Meetings Act. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a special or emergency meeting. d. A majority of the Board shall constitute a quorum for the consideration of matters pertaining to the purposes of the Corporation. If at any meeting of the Board there is less than a quorum present, a majority of those present may adjourn the meeting from time to time. The act of a majority of affirmative votes of the Directors present and voting at a meeting at which a quorum is in attendance shall constitute the act of the Board, even if the number of such votes is less than a majority of the entire board unless the act of a greater number is required by law,by the Articles of Incorporation, or by these Bylaws. e. A Director who is present at a meeting of the Board at which any corporate action is taken shall be presumed to have assented to such action,unless his or her dissent shall be entered in the minutes of the meeting or unless he or she shall file a dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary/Treasurer of the Corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of the action. f. At the meetings of the Board, matters pertaining to the purposes of the Corporation shall be considered in such order as from time to time the Board may determine. At all meetings of the Board, the President shall preside, and in the absence of the President, the Secretary/Treasurer will preside. In the absence of both the President. and the Secretary/Treasurer,the Vice President shall preside. The Secretary/Treasurer, or his or her designee, shall act as secretary of all meetings of the Board, but in the absence of the Secretary/Treasurer,the presiding officer may appoint any person to act as secretary of the meeting. 3 4. Compensation of Directors. Directors, as such, shall not receive any salary or compensation for their services as Directors; provided, that they shall be reimbursed for their actual expenses incurred in the performance of their duties as Directors;and provided further that nothing contained herein shall be construed to preclude any Director from receiving compensation which is not excessive and which is at commercially reasonable rates for personal services (rendered in other than a"Director" capacity)which are reasonable and necessary in carrying out the Corporation's purposes. 5. Director's Reliance on Consultant Information. A Director shall not be liable if while acting in good faith and with ordinary care,the Director relies on information,opinions,reports, or statements,including financial statements and other financial data,concerning the Corporation or another person,that were prepared or presented by: (a) other officers or employees of the Corporation; (b) legal counsel,public accountants,or other persons as to matters the officer reasonably believes are within the person's professional or expert competence;or (c) a committee of the Board of which the Director is not a member. ARTICLE III OFFICERS 1. Titles and Term of Office. The Officers of the Corporation shall be a President, a Vice President, and a Secretary/Treasurer,and such other officers as the Board may from time to time elect or appoint. The Mayor of Bryan shall serve as President of the Board. The Brazos County Judge shall serve as the Secretary/Treasurer. The Vice President shall be appointed by a majority vote of the Board. The Vice President shall be a member of the Board who is not an elected official from either of the Governing Bodies, The term of office for the President and the Secretary/Treasurer shall be concurrent with their position on the Board. The term of Vice President,and other officers appointed by the Board,shall be for each calendar year. Any vacancy in the office of any officer shall be filled by a majority vote of the Board. 2. Powers and Duties of the President. The President shall preside at all meetings of the Board. The President shall be the principal executive officer of the Corporation and, subject to the Board's approval, he or she shall be in general charge of the properties and affairs of the Corporation. In furtherance of the purposes of the Corporation and subject to the limitations contained in the Articles of Incorporation, the President may sign and execute all bonds. notes, deeds, conveyances,franchises,assignments,mortgages,notes,contracts and other obligations in 4 the name of the Corporation. The President may call special emergency meetings of the Board. The President shall have such other duties as are assigned by the Board. 3. Powers and Duties of the Vice-President. The Vice President shall perform the duties and exercise the powers of the President upon the President's death, absence, disability, resignation, or other inability to perform the duties of his or her office, including but not limited to avoiding the appearance of conflict of interest. Any action taken by the Vice President in the performance of duties of the President shall have the same force and effect as if the President had taken such action and no further proof of authority to act in such capacity is required. The Vice President shall have such other powers and duties as are assigned by the Board or the President 4. Powers and Duties of the Secretary/Treasurer.The Secretary/Treasurer shall have custody of all the funds and securities of the Corporation which come into his or her hands. When necessary or proper,he or she may endorse, on behalf of the Corporation,for collection, checks, notes and other obligations and shall deposit the same to the credit of the Corporation in such bank or banks or depositories as shall be designated in the manner prescribed by the Board;he or she may sign all receipts and vouchers for payments made to the Corporation. Either alone or jointly with such other officer as is designated by the Board;whenever required by the Board,he or she shall surrender a statement of his or her case account;he or she shall enter or cause to be entered regularly in the books of the Corporation to be kept by him or her for that purpose full and accurate accounts of all moneys received and paid out on account of the Corporation; he or she shall perform all acts incident to the position of Secretary/Treasurer subject to the control of the Board; and he or she shall, if required by the Board, give such bond for the faithful discharge of his or her duties in such form as the Board may require. The Secretary/Treasurer shall keep or cause to be kept the minutes of all meetings of the Board in Books provided for that purpose; he or she shall attend to the giving and serving of all notices; in furtherance of the purposes of the Corporation and subject to the limitations contained in the Articles of Incorporation, he or she may sign with the President in the name of the Corporation and/or attest the signatures thereof on all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the Corporation;he or she shall have charge of the Corporation's books,records, documents and instruments, except the books of account and financial records and securities of which the Secretary/Treasurer shall have custody and charge,and such other books and papers as the Board may direct, all of which shall be all reasonable times be open to the inspection of any Director upon application at the office of the Corporation during business hours; and,he or she shall in general perform all duties incident to the office of Secretary/Treasurer subject to the control of the Board. 5. Compensation. Officers are not entitled to compensation except as otherwise provided in these Bylaws. 5 6. Officers Reliance on Consultant Information. In the discharge of a duty imposed or power conferred on an officer of the Corporation,the officer may in good faith and with ordinary care rely on information, opinions, reports, or statements, including financial statements and other financial data,concerning the Corporation or another person,that were prepared or presented by: (a) one or more other officers or employees of the Corporation, including members of the Board; or (b) Legal counsel,public accountants, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. 7. Expenditures. The Board may delegate authority to approve an expenditure for a budgeted item to the officers of the Corporation by adopting a resolution setting forth the limits of such spending authority. The Corporation shall comply with state laws related to the design and construction of projects,including procurement of design and construction service, applicable to the Governing Bodies. ARTICLE IV MISCELLANEOUS PROVISIONS 1. Fiscal Year.The fiscal year of the Corporation shall be from October 1 through September 30. 2. Seal. The seal of the Corporation shall be such as from time to time may be approved by the Board. 3. Notice and Waiver of Notice.Whenever any notice whatever is required to be given under the provisions of these Bylaws,such notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his or her post office address, as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing.A waiver of notice,signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. 4. Resignations. Any Director or officer may resign at'any time. Such resignations shall be made in writing and shall take effect at the time specified therein not to exceed sixty (60) days from the date of resignation or,if no time is specified,at the time of its receipt by the President or Secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. 5. Gender. References herein to the masculine gender shall also refer to the feminine in all appropriate cases,and vice versa. 6 6. Appropriations and Grants. The Corporation shall have the power to request and accept any appropriation,grant,contribution,donation,or other form of aid from the federal government, the State, any political subdivision,or municipality in the State,or from any other source. 7. Distribution of Net Income; Return of Funds. Unless otherwise determined by the Governing Bodies in accordance with the provisions of Section 431.107, Texas Transportation . Code,providing that the Local Governments are entitled to any time to receive any income of the Corporation that is not needed to pay the Corporation's expenses or obligations, any income earned by the Corporation after payment of reasonable expenses,debt, and the establishment of a reserve sufficient to cover estimated expenditures for future activities, shall either be retained by the Corporation for future economic development projects as determined by the Board or otherwise distributed to the Local Governments in an equitable manner to be determined by the Board taking into consideration the investments and/or capital investments of the respective Local Governments. ARTICLE V INDEMNIFICATION OF DIRECTORS AND OFFICERS 1. Right to Indemnification. Subject to the limitations and conditions as provided in this Article and the Articles of Incorporation,each person who was or is made a party or is threatened to be made a party to or is involved in any threatened, pending or completed action, suite or proceeding, whether civil, criminal, administrative, arbitrative or investigative (hereinafter a • "proceeding"),or any appeal in such a proceeding or any inquiry or investigation that could lead to such a proceeding,by reason of the fact that he or she, or a person for whom he or she is the legal representative,is or was a Director or officer of the Corporation or while a Director or officer of the Corporation is or was serving at the request of the Corporation as a Director,officer,partner, proprietor, trustee, employee, partnership, sole proprietorship, or trust, shall be indemnified by the Corporation to the fullest extent permitted by the Texas Non Profit Corporation Act, as the same exists or may hereafter be amended (but, in the case of any such amendment, only to the extent that such amendment permits the Corporation to provide broader indemnification rights than said law permitted the Corporation to provide prior to such amendment)against judgments, penalties(including excise and similar taxes but excluding punitive damages),fines, settlements and reasonable expenses(including,without limitation, attorney's fees)actually incurred by such • person in connection with such proceeding, and indemnification under this Article V shall continue as to a person who has ceased to serve in the capacity which initially entitled such person to indemnity hereunder.The rights granted pursuant to this Article shall be deemed contract rights, and no amendment,modification or repeal of this Article hall have the effect of limiting or denying any such rights with respect to action taken or proceedings arising prior to any such amendment, modification or repeal: It is expressly acknowledged that the indemnification provided in this Article could involve indemnification of negligence or under theories of strict liability. 7 2. Advance Payment. The right to indemnification conferred in this Article shall include the right to be paid in advance or reimbursed by the Corporation the reasonable expenses incurred by a person of the type entitled to be indemnified under Section 1 who was,is or is threatened to be made a named defendant or respondent in a proceeding in advance of the final disposition of the proceeding and without any determination as to the person's ultimate entitlement to indemnification; provided, however, that the payment of such expenses incurred by any such person in advance of the final disposition of a proceeding,shall be made only upon delivery to the Corporation of a written affirmation by such Director or Officer of his or her good faith belief that he or she has met the standard of conduct necessary for indemnification under this Article and a written undertaking by or on behalf of such person, to repay all amounts so advanced if it shall ultimately be determined that such indemnified person is not entitled to be indemnified under this Article or otherwise. 3. Indemnification of Employees and Agents. The Corporation, by adoption of a resolution of the Board, may indemnify and advance expenses to an employee or agent of the Corporation to the same extent and subject to the same conditions under which it may indemnify and advance expenses to Directors and officers under this Article; and the Corporation may indemnify and advance expenses to persons who are not or were not Directors, officers,employees or agents of the Corporation but who are or were serving at the request of the Corporation as a Director,officer, partner,venture proprietor, trustee, employee, agent or similar functionary of another foreign or domestic corporation, partnership,joint venture, sole proprietorship, trust or employee benefit plan against any liability asserted against him or her and incurred in such a capacity or arising out of his or her status a such a person to the same extent that it may indemnify and advance expenses to Directors under this Article. 4. Appearance as a Witness. Notwithstanding any other provision of this Article, the Corporation may pay or reimburse expenses incurred by a Director or officer in-connection with his or her appearance as a witness or other participation in a proceeding involving the Corporation or its business at the time when he or she is not a named defendant or respondent in the proceeding. 5. Non-exclusivity of rights.The right of indemnification and the advancement and payment of expenses conferred in this Article shall not be exclusive of any other right which a Director or officer or other person indemnified pursuant to this Article may have or hereafter acquire under any law(common or statutory),provision of the Articles of Incorporation of the Corporation or these Bylaws,agreement,vote of shareholders or disinterested Directors or otherwise. 6. Insurance.The Corporation may purchase and maintain insurance,at its expense to protect itself and any person who is or was serving as a Director, officer, employee or agent of the Corporation or is or was serving at the request of the Corporation as a director, officer,partner, proprietor, trustee, employee, agent or similar functionary of another foreign or domestic corporation,partnership,joint venture,proprietorship, employee benefit plan or trust against any 8 expense,liability or loss,whether the Corporation would have the power to indemnify such person against such expense,liability or loss under this Article. 7. Notification. Any indemnification of or advance of expense to a Director or officer in accordance with this Article shall be reported in writing to the members of the Board with or before the notice of the next regular meeting of the Board and,in any case,within the twelve(12) month period immediately following the date of the indemnification or advance. 8. Savings Clause.If this Article or any portion hereof shall be invalidated on any ground by any court of competent jurisdiction, then the Corporation shall nevertheless indemnify and hold harmless each Director, officer, or any other person indemnified pursuant to this Article as to costs, charges and expenses (including attorney's fees),judgments, fines and in amounts paid in settlement with respect to any action, suit or proceeding, whether civil, criminal, administrative or investigative,to the full extent permitted by any applicable portion of this Article that shall not have been invalidated and to the fullest extent permitted by applicable law. ARTICLE VI CODE OF ETHICS 1. Policy and Purposes. (a) It is the policy of the Corporation that Directors and officers conduct themselves in a manner consistent with sound business and ethical practices;that the public interest always be considered in conducting corporate business;that the appearance of impropriety be avoided to ensure and maintain public confidence in the Corporation; and that the Board establish policies to control and manage the affairs of the Corporation fairly, impartially, and without discrimination. (b) This Code of Ethics has been adopted as part of the Corporation's Bylaws for the following purposes: (a)to encourage high ethical standards in official conduct by Directors and corporate officers; and(b)to establish guidelines for such ethical standards of conduct. 2. Conflicts of Interest. (a) Except as provided in subsection (c) of this Section 2, a Director or officer is prohibited from participating in a vote,decision,or award of a contract involving a business entity or real property in which the Director or the officer has a substantial interest, if it is foreseeable that the business entity or real property will be economically benefitted by the action. A person has a substantial interest in a business(i)if his or her ownership interest is ten percent or more of the voting stock or shares of the business entity or ownership of$15,000 or more of the fair market value of the business entity, or (ii) if the business entity provides more than ten percent of the person's gross income. A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of$2,500 or more. An interest of a person 9 related in the second degree by affinity (marriage relationship) or the third degree by consanguinity(blood relationship)to a Director or officer is considered a substantial interest. (b) If a Director or person related to a Director in the first or second degree by affinity or the first,second or third degree by consanguinity has a substantial interest in a business entity or real property that would be pecuniarily affected by any official action taken by the Board,such Director,before a vote or decision on the matter,shall file an affidavit stating the nature and extent of the interest. The affidavit shall be filed with the Secretary of the Board. (c) A Director or officer who has a substantial interest in a business entity that will receive a pecuniary benefit from an action of the Board may vote on that action if a majority of the Board has a similar interest in the same action or if all other similar business entities in the Corporation will receive a similar pecuniary benefit. (d) Notwithstanding that, as provided in subsection (a), a Director or officer is prohibited from participating in a vote,decision,or award of a contract involving a business entity or real property because the Director or the officer has a substantial interest in such business entity or real property or it is foreseeable that the business entity or real property will.be economically benefitted by the action,the remaining members of the Board not subject to the prohibition of that subsection may participate in such vote, decision,or award of contract. 3. Acceptance of Gifts. No Director or officer shall accept any benefit as consideration for any decision,opinion,recommendation,vote or other exercise of discretion in carrying out official acts for the Corporation.No Director or officer shall solicit,accept,or agree to accept any benefit from a person known to be interested in or likely to become interested in any contract,purchase, payment, claim or transaction involving the exercise of the Director's or Officer's discretion. As used here,a benefit does not include: (a) a fee prescribed by law to be received by a Director or Officer or any other benefit to which the Director or officer is lawfully entitled or for which he or she gives legitimate consideration in a capacity other than as a Director of Officer; (b) a gift or other benefit conferred on account of kinship or a personal,professional, or business relationship independent of the official status of the Director or officer; (c) an honorarium in consideration for legitimate services rendered above and beyond official duties and responsibilities if; (1) not more than one honorarium is received from the same person in a calendar year; (2) not more than one honorarium is received for the same service, and I0 (3) the value of the honorarium does not exceed $250 exclusive of reimbursement for travel, food, and lodging expenses incurred by the Director or officer in performance of the services; (4) a benefit consisting of food, lodging, transportation, or entertainment accepted as a guest if reported as may be required by law. 4. Bribery. A Director or officer shall not intentionally or knowingly offer, confer or agree to confer on another,or solicit, accept, or agree to accept from another; (a) any benefit as consideration for the Director's or officer's decision, opinion, recommendation,vote,or other exercise of discretion as a Director or officer; (b) any benefit as consideration for the Director or officer's decision, vote, recommendation,or other exercise of official discretion in a judicial or administrative proceeding; or (c) any benefit as consideration for a violation of duty imposed by law on the Director or officer. 5. Nepotism. No Director or officer shall appoint,or vote for,or confirm the appointment to any office, position, clerkship, employment or duty, of any person related within the second degree by affinity or within the third degree of consanguinity to the Director or officer so appointing, voting or confirming, or to any other Director of officer. This provision shall not prevent the appointment, voting for, or confirmation of any person who shall have been continuously employed in any such office,position,clerkship, employment or duty at least thirty (30)days prior to the appointment of the Director or officer so appointing or.voting. ARTICLE VII AMENDMENTS 1. A proposal to alter, amend, or repeal these Bylaws shall be made by the affirmative vote of a majority of the full Board at any annual or regular meeting,or at any special meeting if notice of the proposed amendment be contained in the notice of said special meeting. However, any proposed change or amendment to the Bylaws must be approved by the Governing Bodies to be effective. 2. These Amended and Restated Bylaws were approved by the Board on the day of ,2024;by the Brazos County Commissioner's Court on thean day of Auto lA5 i 2024; and by the Bryan City Council on the day of ,2024. Executed to be effective on this the—day of ,2024. 11 CITY OF BRYAN AND BRAZOS COUNTY ECONOMIC DEVELOPMENT FOUNDATION,INC. Bobby G erre P ident CITY OF BRYAN,TEXAS BRAZOS C: •' "v ,TEXAS Bobby Gutierrez,Mayor Duane Peters,County Judge ATTEST A 1"1'IST 6 Mary Lynne Stratta, City Secretary Karen McQueen,Co lerk APPROVED AS TO FORM ' AP°RO 6 • TEAL" „4. Thomas A.Leeper,City Attorney Bruce Erratt,General o sel 12 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 8/27/2024 ITEM: Acceptance of FY2025 Continued Multi-Year Improvement Grant from the Texas Indigent Defense Commission in the amount of$1,186,258.00 for the Brazos County Public Defender. TO: Commissioners Court DATE: 08/19/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvne FY2025 Brazos Statement of Grant Award_Public Defender_Continuing Grantpdf TIDC FY25 Grant Acceptance Cover Memo APPRO . n4 i. l Duane Peters Date County Judge • INIDC TEXAS INDIGENT DEFENSE COMMISSION CHAIR: August 8,2024 Honorable Missy Medary Corpus Christi,Presiding Judge, 5th Administrative The Honorable Duane Peters Judicial Region of Texas Brazos County Judge Ex MBERS: Honorable Via E-mail:dpeters@brazoscountytx.gov Honorable Sharon Keller Honorable Nathan Hecht Honorable Brandon Joseph"Joe Creighton RE:FY2025 Statement of Grant Award—Grant Number 212-25-0O3 Honorable Joseph"Jce"Moody Honorable Reggie Smith Honorable Sherry Radack Honorable Vivian Torres Dear Judge Peters: MEMBERS APPOINTED BY GOVERNOR: Mr.Alex Bunin I am pleased to inform you that the Texas Indigent Defense Commission has awarded HonorableRichardEYan9 Mr. Brazos County a FY2025 Continued Multi-Year Improvement Grant in the JayyCohen Honorable Missy Medary amount of$1,186,258 for the Brazos County Public Defender.Your Statement Honorable Valerie Covey Honorable James R."J.R."Woolley,Jr. of Grant Award for fiscal year 2025 is attached.Please sign, scan, and return via e- Mr.JamesD."Jim"Bethke mail the Statement of Grant Award to Grants@tidc.texas.gov on or before ExEcunvEDntRcroR: Monday,September 30,2024.You do not need to mail a copy. Scott Ehlers Congratulations to Brazos County on taking the lead in Texas by developing and continuing this new indigent defense program. If you have any questions or need clarification of the information contained in this letter or the attached Statement of Grant Award, please contact Edwin Colfax, Director of Grant • Funding, at(512)463-2508. • Sincerely, Missy Medary Chair,Texas Indigent Defense Commission Presiding Judge, 5th Administrative Judicial Region of Texas • Copy: kconner@co.brazos.tx.us ntwood@brazoscountytx.gov Texas Indigent Defense Commission 209 West 14th Street,Room 202•Austin,Texas 78701 www.tidc.texas.gov Phone:512.936.6994 . • TEXAS.INDIGENT DEFENSE COMMISSION Statement of Grant Award FY2025 Improvement Grant • Grant Number: 212-25-0O3 Grantee Name: Brazos County Program Title: Brazos.County Public Defender Grant Period: 10/1/2024-9/30/2025 Grant Award: $1,186,258 The Texas Indigent Defense Commission (herein, the Commission) has awarded the above-referenced grant to Brazos County (herein, the County) for indigent defense services. The authorized official named on the grant application must sign this Statement of Grant Award and return it to the Commission. The grantee will not receive any grant funds until this notice is executed and returned to the Commission. Funding is provided as listed in the categories in the table below: Direct Costs: • 1) Personnel (Total Number of FTEs: 10) $986,000 2) Fringe Benefits $414,118 3) Travel and Training $15,873 4) Equipment 0 5) Supplies &Direct Operating Expenses $21,908 6) Contract Services $44,924 7) Indirect Costs Total Approved Budget $1,482,823 Less Cash from Other Sources- County Match $296,565 Total Amount Funded b Commission $1,186,258 Standard Grant Conditions: • The authorized official for the grantee accepts the grant award. • The authorized official,financial officer,and program director,referred to below as grant officials,must comply with the terms of the grant as written in the Request for Applications issued in February 2024,including the rules and documents adopted by reference in the Commission's Grant Rules in Title 1,Part 8, Chapter 173,Texas Administrative Code. • The grant officials understand that a violation of any term of the grant may result in the Commission placing a temporary hold on grant funds,permanently de-obligating all or part of the grant funds,requiring reimbursement for funds already spent,or barring the organization from receiving future grants. • Disbursement of funds is always subject to the availability of funds. • The grant officials agree to follow the grant terms contained in the "Grant Terms and Conditions" contained in Attachment A which includes the final grant application. • Any indigent defense plan documents submitted to the Commission must continue to meet all grant eligibility requirements. • The judges hearing criminal and juvenile matters must amend the Indigent Defense Plan for their respective courts to include the program funded under this award as necessary and submit it to the Commission by November 1,2024. FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 1 of 23 The authorized official for this grant program has read the preceding and indicates agreement by signing the Statement of Grant Award included below. Signature of Authorized Official o e PE-rci s , Co uLt-i-r' J ccE Name &Title(must print or type) b -uLLc 011 QC�oZ 4L Date FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 2 of 23 Attachment A Terms and Conditions In addition to the program requirements stated in the Request for Applications(RFA)these specific program requirements apply to this funded program. 1. This FY25 grant implements the next phase of TIDC's funding plan by transitioning this program to a standard 4-year Improvement Grant after the end of the original award,under which grant reimbursement of the approved program budget is based on 80%funding in the first year,60%in the second year,40%in the third year,and 20%in the final year of grant funding.The County must submit a brief continuing grant application and TIDC Improvement Grant Resolution to be eligible for continued grants in each successive fiscal year of the funding plan. 2. Grant funds are distributed quarterly on a reimbursement basis.The county must submit quarterly grant program expenditure reports to obtain reimbursement of the scheduled percentage of expended funds based on actual expenditures.See the Timeline for Reporting and Fund Distribution at the end of this document for dates. 3. This grant requires quarterly progress reports.TIDC will create an on-line progress report to document the work performed in this program and other information necessary to evaluate the impact of the program.The county will be able to request modifications to the on-line report when the progress report items do not accurately reflect the work performed.See the Timeline for Reporting and Fund Distribution at the end of this document for dates. 4. In addition to quarterly progress reports,the County must submit quarterly program staffing reports that document hire dates,separation dates,transfers,and actual salaries and fringe benefits costs for each funded position. 5. The County must develop and maintain a Public Defender Oversight Board in accordance with Texas Code of Criminal Procedure Article 26.045 to oversee the operation of this program.The County must submit a draft policy detailing how the members are selected and the duties and procedures of the board to TIDC for feedback and approval prior to finalization.See TIDC guidance in Guide to Public Defender Oversight Boards at www.tidc.texas.gov/media/8d8ca08fbfc7c34/a-guide-to-public-defender-oversight boards-jan- 2021.pdf. 6. The Oversight Board must meet at least quarterly. The program's Oversight Board is responsible for recommending to the - Commissioners Court the selection of the ChiefPublic Defender.The Chief Public Defender will be responsible for the implementation of this program and will hire staff sufficient to operate the department.Staffing with attorneys and support personnel must be supported by sufficient caseloads. 7. The County must provide to TIDC the minimum job requirements and a full job description of the staff positions specified under this project for feedback and approval before positions are publicly posted. 8. The County must develop or maintain a written policy that includes caseload standards for the public defender office as required in Texas Code of Criminal Procedure Articles 26.044 and that is consistent with research-based weighted caseload guidelines published by TIDC.The caseload policy must require the Chief Public Defender to review caseloads at least quarterly.The ChiefPublic Defender must notify TIDC and the program's Oversight Board in writing within 30 days if caseloads exceed the adopted standards.TIDC will review caseloads exceeding TIDC published guidelines and may withhold program funding based on excessive caseloads. 9. A Public Defender Office Case Representation Policies and Procedures Manual must be developed and provided to the Commission with the second quarterly progress report. The Public Defender Office should consider relevant professional standards of representation such as the Texas State Bar Performance Guidelines for Non-Capital Criminal Defense Representation when developing the manual. Any revised versions of the Policies and Procedures Manual must be submitted with regular quarterly progress reports. 10. The program must record attorney and support staff work time in a manner that allows for accurate completion of the Indigent Defense Expenditure Report and Public Defender Addendum.Records must contain sufficient detail to allocate time and salary across categories of offenses(capital,non-capital felony,misdemeanor,juvenile,felony appeals,misdemeanor appeals, and juvenile appeals)and to document the number of cases disposed by attorney for each court. 11. The judges must submit a copy of the public defender plan of operation or proposal approved by the applicable commissioners court as part of each indigent defense plan applicable to cases in which the public defender's office will provide representation,as required by Section 79.036(a)(2),Government Code. 12. Requests to revise the scope,target,or staffing of the project,or substantively alter project activities require advance written approval from TIDC.Budget adjustments consisting of reallocations of funds among or within budget categories in excess of$10,000 or ten FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 3 of 23 percent ofthe original approved budget,whichever is less,are considered budget adjustments and are allowable only with prior approval of the executive director of the Commission. 13. Equipment and other start-up costs included in the first-year start-up budget will not be carried forward into subsequent years of funding. 14. Contracts with third parties for indigent defense services under this grant must be provided to TIDC and approved prior to execution. 15. Grantees that use grant funds to contract for services must develop and include in the contract provisions to monitor each contract that is for more than$10,000 per year.These provisions must include specific actions to be taken if the grantee discovers that the contractor's performance does not meet the operational or performance terms of the contract. Grant Application follows Note 'The Commission has scaled backthe proposed 3operation'3to mere available resources This°an►ard funds the obi anal staff of ry101=TEs but;doesinot fund the requested expansion FTEs or the associated increase isoperational"costs associated 3with the proposed-expansion. This,•award does innclude,tithe_increased_ personnel';,costs_requested for `tF a original 10 F`IEs3�See pgs;20 21 below for,approved,budget details„ E.E.rs:.z..._._..:.. FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 4 of 23 • 2025 Brazos County Improvement Grant Application Narrative Juvenile, Mental Health, and Appellate Division Expansion Multi-year a.Application Form Counties Represented: Brazos Fiscal Year: 2025 State Payee Identification Number: 17460004330038 Division To Administer Grant: Brazos County Public Defenders Office Program Title:Juvenile,Mental Health, and Appellate Division Expansion Requested Grant Amount: $3,271,186.86 Authorized Official: Duane Peters Financial Officer: Katie Conner Program Director: Nathan Wood Mailing Address: 200 South Texas Avenue; Suite 126; Bryan,TX 77803 b. Introduction (Executive Summary) Following the COVID-19 pandemic and the backlog of criminal cases it created for the criminal courts of Brazos County, TIDC provided grant funds for FY2023 and FY2024 that created and implemented the Brazos County Public Defender's Office.Since establishing the BCPDO,the criminal defense bar has not significantly increased in numbers, and the courts continue to struggle appointing qualified attorneys to aggravated cases.These initial grant funds were approved as part of a funding plan to transition the BCPDO to a standard 4-year Improvement Grant after the first two years of grant funding. (See FY2022 Improvement Grant Statement of Award Attachment A, No. 1). Brazos County now seeks additional grant funds to expand the small public defender's office it established in 2022. The grant funds requested in this application will be used to continue the BCPDO's current operations and to establish new programs with eye toward future expansion into regional counties in the Brazos Valley. c.Problem Statement Continuing and Expanding Our Representation of Indigent Adults Charged with Felony and/or Misdemeanor Offenses in Brazos County Brazos County continues to face a critical shortage of qualified public defenders amidst a significant increase in adult criminal cases, leading to prolonged detention times, overloaded court dockets, and compromised legal representation for indigent defendants. Despite criminal case numbers trending upward in Brazos County, the number of attorneys taking appointments has declined overall since 2019. As of April 5, 2024, not counting public defenders, there are 12 attorneys taking"3g" appointments(down from 21 in 2019 and 13 at the time of the County's original 2022 grant application),22 attorneys taking felony appointments (down from 36 in 2019 but up from 18 at the time of the County's'22 grant application), 17 attorneys taking misdemeanor appointments(down from 36 in 2019 and 19 at the time of the County's'22 grant application), and two attorneys taking appellate appointments. The number of adult criminal cases filed into Brazos County courts is rising while the criminal courts continue to experience difficulties in appointing qualified attorneys on aggravated and non-aggravated cases.According to data from the Second Administrative Judicial Region, Brazos County added 3,000 criminal cases to the district courts' dockets in 2023. That is a sharp increase from 2,103 in 2021 and 2,317 in 2022. • The number of case dispositions also continues to increase despite the decline in the number of attorneys available to take appointments on criminal cases. This situation implies that indigent defense is inadequately funded and staffed in Brazos County. Fewer attorneys handling more cases can lead to each attorney having a higher caseload.This often results in less time available per case,which can affect the quality of representation each defendant receives. Overworked attorneys may struggle to provide thorough, diligent defense services,which is crucial for fair legal proceedings. FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 5 of 23 With higher caseloads and fewer attorneys, there's an increased risk that legal defenses may not be as robust or well-prepared, potentially compromising defendants' rights to effective counsel as guaranteed by law.This can lead to suboptimal outcomes for defendants, including possible wrongful convictions or harsher sentences than might be warranted if more thorough defenses were possible. A lack of available and qualified attorneys can lead to longer jail stays for defendants awaiting trial or final case dispositions.This not only has significant human and social costs but also financial implications for Brazos County in terms of higher jail staffing and operational costs. Consistently high caseloads, coupled with a perception of rushed or inadequate legal representation, erodes public confidence in the justice system's ability to administer justice fairly and effectively. Creating a New Mental Health Division In Brazos County, along with the rest of Texas,the intersection of mental health and criminal justice presents a critical challenge.The state's largest mental health facilities are notably its jails,with Harris and Dallas County jails at the forefront, underscoring a systemic issue:a significant portion of the incarcerated population suffers from serious mental illnesses.These individuals often cycle through a costly loop of jails, emergency rooms, and homeless services.This recurring pattern not only highlights the inadequacy of current mental health interventions within the criminal justice system but also emphasizes the urgent need for dedicated legal and support services tailored to this vulnerable population. The Brazos County Public Defender's Office, recognizing these issues, proposes the establishment of a Mental Health Division.This division will focus on improving outcomes for clients with SMIs by integrating specialized legal representation with comprehensive case management.This approach is not only more humane but also cost- . effective, as it aims to reduce the frequency of jail admissions and the length of stay for this demographic,thus alleviating the financial strain on local systems. Formal and informal data collections, including studies by the Texas Commission on Jail Standards and the Meadows Mental Health Policy Institute, highlight that a significant portion of the jail population with mental health needs could benefit immensely from targeted legal and support services.This initiative will address the gap in services at the crucial intersection of mental health and criminal justice, aiming to transform the current punitive cycle into one of recovery and rehabilitation, ultimately fostering a safer and more just community. Creating a New Juvenile Division In 2020-21, Brazos County added 260 and 236 juvenile cases to its court dockets respectively. Then, in 2022,401 juvenile cases were added. That number increased to 553 in 2023. Historically, Brazos County has contracted with a private law firm to provide representation in indigent juvenile cases. But,the contract has remained static while the number of juvenile cases filed has sharply increased since the Covid-19 pandemic. Representing juveniles charged with felony and misdemeanor offenses in Brazos County is specialized work that cannot be effectively handled by public defenders otherwise representing adult offenders. The juvenile docket in Brazos County routinely holds detention hearings four days each week, and those hearings frequently last through lunch due to the quantity of cases being filed. The Brazos County District Attorney's Office, which is responsible for juvenile prosecution, has devoted three prosecutors, an investigator, an administrative support staff, and a shared victim assistance coordinator to the juvenile docket. d.Objectives 1. The BCPDO is dedicated to enhancing its team by drawing fresh talent to the work of indigent defense in Brazos County, thus broadening the pool of qualified attorneys available for appointments within the area. Initially, the BCPDO was granted funded for six attorney positions, all of which have been successfully filled. Notably, five of the attorneys now serving PDO clients had not been previously involved in representing indigent defendants in Brazos County before joining the PDO.This expansion through the establishment of the BCPDO effectively FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 6 of 23 increased the total count of attorneys engaged in indigent defense work by five. By increasing the number of attorneys in our office,we seek to further increase the number of attorneys engaged in indigent defense work within Brazos County. 2. The BCPDO is committed to securing appointments in a sufficient quantity of cases to ensure that defenders maintain caseloads aligned with, yet not exceeding, the TIDC's recommended guidelines.We understand that these guidelines represent a maximum, rather than a minimum, threshold. Our aim is to achieve an optimal equilibrium among caseloads,workloads, and the caliber of representation provided, continually striving for the highest standard of legal defense. 3. The BCPDO began accepting cases on March 17, 2023, and achieved its goal of representing 25%of new misdemeanor appointed cases within the first year of accepting cases. While the County does not track the total number of appointments made, the BCPDO fills up 25%of the slots on the misdemeanor appointments wheel. The BCPDO's goal for the second year is to increase our caseloads on felony and"3g"cases so that we are receiving at least 10%of the new appointments on those case types.. 4. Continuing Current Operations: If the BCPDO receives funding sufficient to continue its current operations, BCPDO would seek to set its overall adult criminal caseload at no more than approximately 478 misdemeanor cases per year(between 3 defenders, one of whom splits her caseload between misdemeanors and felonies and another attorney with a split caseload of appeals), 242 felonies(between 3 defenders, two of whom split their caseload with 3g felonies), 158 3g felonies(between 3 defenders with split caseloads)and 16 appeals(with one defender splitting his caseload between misdemeanors and appeals). 5. New Program Funding:A fully staffed BCPDO funded at the proposed levels would strive to set its adult criminal caseloads at no more than 956 misdemeanors per year(between 4 defenders), 483 felonies per year(between 3 defenders and the Chief Public Defender)and 31 appeals(for 1 defender).This does not include mental health or juvenile cases being handled by those other proposed expansions of the BCPDO. 6. New Program Funding (Juvenile):The BCPDO will begin taking juvenile appointments as soon as qualified juvenile defenders are hired. The proposed juvenile division consists of two juvenile defenders and an investigator exclusively dedicated to juvenile cases. An additional caseworker and legal support staff member are also requested-both of whom would split their time between juvenile cases and adult cases,with priority being given to juvenile cases. Operating within TIDC caseload guidelines, the BCPDO would strive to set juvenile caseloads at no more than the recommended caseload guidelines for juvenile cases with investigator support. 7. New Program Funding(Mental Health):The BCPDO will collaborate with the Commissioner's Court(pursuant to Art.26.044(b)of the Code of Criminal Procedure)and the Indigent Defense Coordinator as necessary to establish a specialized division to take most mental health cases in Brazos County.This specialized division will consist of one mental health case worker and one attorney specializing in the intersection of mental health law and the criminal justice system.The goals of the Mental Health Division will include: a. Collaborating with prosecutors,judges, the Brazos County Jail, the local mental health authority, and local law enforcement to resolve cases to the benefit of clients as well as the community; b. Reducing jail populations by rapidly meeting with clients in jail to improve medical compliance and reduce decompensation, and advocate for earlier pretrial release under mental health personal bonds or bond reductions; c. Avoid unnecessary competency evaluations and the lengthy periods of incarceration that accompany them; d. Reduce recidivism by connecting clients with mental health and social services; e. When necessary, engage in zealous and expert advocacy in Brazos County courts to achieve the best possible outcomes for clients with mental illness. 8. All new clients will be contacted within 72 hours upon receipt of the Order Appointing. 9. The BCPDO will strive to interview all new clients within 10 business days following appointment. 10. The BCPDO will attempt to reduce the duration of pretrial incarceration for all clients.We will achieve this by seeking bond reductions unless there is a clear strategic reason for not doing so. 11. Once appointed, public defenders will continue representing clients at all phases of prosecution, and caseworkers will continue working with clients even after cases are disposed. 12. In-house staff including investigators and caseworkers will be utilized to ensure efficient and thorough plans of action for clients. FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 7 of 23 13.As the BCPDO reaches full staffing and is efficiently achieving its goals within the County,the BCPDO will seek to expand into a regional office. 14. TIDC caseload guidelines and procedures will be followed. e.Activities Brazos County intends to use TIDC grant funding to expand the Public Defender's Office to meet the ever-increasing demands placed on the County's criminal court dockets. The Brazos County Public Defender's Office("BCPDO")will use these funds to increase its staff, thereby increasing the number of cases it is able to receive by appointment,while also maintaining ethical caseloads. The BCPDO will increase the number of public defenders taking appointments on adult felonies and misdemeanors from six to nine. The BCPDO will also create a Juvenile Division and a Mental Health Division to help meet the County's growing needs in these areas as well. Alongside new attorney positions, the BCPDO will hire non-attorney support staff at a level consistent with TIDC recommendations based on national standards and local need. Attorney caseloads are calculated based on the assumption of investigator support. Once given grant approval, the Chief Public Defender will prepare and present a FY 2025 budget to the Commissioner's Court. Once this budget is approved, the BCPDO Operating Plan will be revised as necessary to provide for Juvenile and Mental Health caseloads, and the revised.Operating Plan will be presented to the Advisory Board forApproval. New job descriptions will be created to delineate job responsibilities and set competitive salaries. Then the vacant positions will be listed and advertised. Interviews will be conducted and the best candidates will be hired for each position. Once new staff are hired, any required training will take place and additional cases will be requested to meet the BCPDO's increased capacity for representation. The BCPDO will continue working with the Indigent Defense Coordinator and Courts to revise the Indigent Defense Plan as necessary.The BCPDO will continue to work closely with the Indigent Defense Coordinator to ensure that all jailed defendants who qualify for services are accounted for and receiving services. The Advisory Board will meet quarterly to monitor progress, discuss issues as they arise, and take action as needed. The Chief Public Defender will have weekly meetings with staff attorneys to discuss caseloads and other matters related to exceptional representation of clients. Opportunities will be provided for training and education for attorneys and non-attorney staff so that all employees may be up to date with best practices for their positions. All positions will receive annual performance evaluations conducted by the Chief Public Defender and the Office Manager to provide valuable feedback to employees. The BCPDO will accommodate an increased staff size by using its current office space(which accommodates 10 full time employees), available conference rooms throughout the County Admin Building, and by using a Telecommuting Policy outlined in the BCPDO Operating Plan. Computer equipment, software and other office supplies are also provided for in the grant proposal. These funds will be used to provide equipment and supplies as new staff is hired. The BCPDO plans on expanding to 101 N.Texas Avenue in Bryan. The County acquired an office building at that location (formerly, the Bryan ISD Building). After conducting a feasibility study and consulting with architects,the County plans on demolishing the existing building and building new county offices there.The County intends to relocate the BCPDO into that building once complete. Current plans will accommodate significant growth even beyond the expansion proposed in the current grant application. As new staff are hired and trained,the Chief Public Defender will coordinate an increased number of appointed cases for the BCPDO with the Indigent Defense Coordinator. Cases will be assigned based on considerations of caseload and workload as well as attorney qualifications. Attorneys will initiate contact with clients as soon as possible, and certainly within 72 hours of the case being appointed to the PDO.Attorneys will work cases diligently byFi9limity0i,g g4 N.gdpaApAtmliwIl p fstibEwaagigliNflaase, maintaining effective communicatigf2With all clients through the entire representation, representing the client in court during all court appearances, collaborating with other BCPDO team members as necessary, and generally complying with the State Bar Performance Guidelines for Non-Capital Criminal Defense Representation. f.Evaluation The Advisory Board in conjunction with the Chief Public Defender will monitor the program's progress and efficiency. This will include monitoring and adjusting the balance between attorney caseloads,workloads, and annual dispositions. Specific, quantitative goals based on case complexity(stated above) are to be clearly communicated to all attorneys and monitored and discussed at weekly meetings. In addition to tracking caseload and disposition, the Chief Public Defender,with the assistance of the Office Manager, will also evaluate progress and efficiency based on other quantifiable metrics such as: days to contact new clients, days to the initial interview of new clients, days from appointment till disposition, number of bond reductions sought and achieved, number of days PDO clients spend in jail pending disposition, reductions and dismissals, as well as number of jury trials and verdicts. Quantifiable metrics only give part of the full picture, however,when it comes to the quality of the representation being provided by criminal defense attorneys. The Chief Public Defender will continue to use the State Bar Performance Guidelines for Non-Capital Criminal Defense Representation as a measure of the quality of representation being provided. Additionally,the Chief Public Defender will establish procedures for measuring client satisfaction and case outcomes. Finally,the Chief Public Defender will set goals for training, mentorship and skill development for attorneys and staff members. The Chief Public Defender will handle required grant status reporting to TIDC and the Brazos County Auditor will handle all financial reporting as required by statute. The Chief Public Defender will provide information requested by the County Auditor to achieve timely completion of required expenditure reports. Migration to New Case Management System:The BCPDO currently combines the use of Clio as well as Microsoft Excel to track case details. The BCPDO plans to migrate to Public Defender Case Management Software provided by Legal Server. This would allow the BCPDO to implement a more robust case management system that would allow more efficient and accurate tracking of case details and outcomes as well as provide real-time data on caseload distribution and attorney workload. The BCPDO will also conduct regular meetings to review caseloads, case progress, discuss challenges, and make adjustments to caseloads when necessary. The Chief Public Defender and the Office Manager will also establish feedback mechanisms where attorneys and staff can report back on their workloads, issues they may encounter, and suggestions for improvement.This feedback will incorporate peer review as well, and-ideally-will also include an option for client feedback as well. The BCPDO will monitor data and work with the administrative staff for the jail to monitor inmate populations, compliance with internal guidelines regarding timeliness of case processing, and to provide data on cost effectiveness. Annually the BCPDO will submit a report, approved by the oversight board, to Commissioners Court that documents the activities of the office to include costs, case dispositions, and statistical information that the Chief would include for the Court to be informed of successes and failures, benchmarks achieved, and future goals. g. Future Funding Brazos County takes the responsibility of indigent defense seriously and the Brazos County Public Defender's Office is a critical piece of the county's long-term indigent defense strategy.The County is committed to providing high- quality representation to indigent defendants. TIDC has helped the County to establish a small Public Defender's Office, and with continued help, the County would see that office expand to cover juvenile and mental health caseloads as well as increased coverage of adult misdemeanor and felony cases-all within TIDC caseload guidelines. FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 9 of 23 The County's future commitment includes an understanding that this improvement grant includes a requirement of matching funds as the County's program moves forward. Specifically, this entails 4 years of funding with step-down reimbursement. Brazos County is committed to continuing the program after the grant period as well. Plans are currently underway for the County to build new county offices at 101 N.Texas Avenue in Bryan. This facility will include office space that will allow for significant growth and future regional expansion for the Brazos County Public Defender's Office. By expanding the program, Brazos County hopes that the PDO will grow to handle as much as 70 percent of the County's indigent defense caseload. h.Budget Narrative and Budget Form See attached PDF. FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 10 of 23 BRAZOS COUNTY PUBLIC DEFENDER'S OFFICE BUDGET NARRATIVE MULTI-YEAR IMPROVEMENT GRANT FY 2025 Natalie Hays! Office Manager 5-23-2024 ` FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 11 of 23 INTRODUCTION THE FOLLOWING IS THE PROPOSED BUDGET FOR FISCAL YEAR 2025. THIS NARRATIVE IS FORMATTED TO ADDRESS THE FUNDING FOR THE PROPOSED JUVENILE, MENTAL HEALTH,AND APPELLATE JOB POSITIONS. IT ALSO ADDRESSES THE ADDITIONAL OPERATIONAL FUNDING NECESSARY FOR ATTORNEYS AND STAFF TO PERFORM EFFECTIVE LEGAL REPRESENTATION AND HOLISTIC ADVOCACY FOR ITS CLIENTS. I. PROPOSED NEW POSITIONS 1. Juvenile Defender: There are two (2) Juvenile Defender positions being requested. One position will be budgeted at $130,000.00 per year for a Chief Juvenile Defender, preferably Board Certified in Juvenile Criminal Law and at least ten (10) years' experience in criminal law;and the other position will/be budgeted for$105,000.00 per year for an attorney with five (5)years or less experience in criminal law/juvenile law. 2. Mental Health Defender: One (1) position is being requested for a Mental Health Defender. This position is budgeted at $120,000.00 per year with the expectation that they will have a minimum of ten (10) years' experience in criminal law, with at least five (5) years of that experience specialized in mental health caseloads. 3. Appellate Defender: One (1)Appellate Defender position is being requested.This person will. handle only court appointed Appeals and provide legal support for public defenders and private attorneys representing indigent clients. The position will pay $110,000.00 per year. It is • preferred that the individual is Board Certified in Appeals or Criminal Law, however, a minimum of five(5)years' experience in criminal law is required. • 4. Public Defender: Two (2)public defender positions are being requested. One position will be for a Felony Defender with at least five (5) years' experience in criminal law at$105,000.00 per year. Primary caseloads will be felony offenses ranging from State Jail to First Degree felonies. The second position is for a Misdemeanor Defender at $87,500. This position does not require experience but does require an individual to be a licensed attorney with the State Bar of Texas.Primary caseloads will be Class A and B misdemeanors. 5. Case Worker:Two(2)caseworkers are being requested at$60,000 per year.This salary will fit the educational and professional requirements necessary to fill the position with effective • holistic case assistance. One case worker will focus on juvenile clients, while the other will Brazos County Public Defenders Office Budget Narrative and Justification Page l of 11 FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 12 of 23 focus on assisting the mental health defender with client caseloads and obtaining resources that best suit client needs. 6. Investigator: Two (2) investigators are being requested at $72,000 per year. Investigators are necessary to assist defenders with representation through the piecing together of mitigating and outside information regarding clients that may not have been available otherwise. Investigators utilize search engines, investigative questioning, and resources to gather information for the attorneys to use in defense of client's case. Technological advances will require specialized training and continuing education of the investigator.Their salary will need to be closely on par with investigators of the District Attorney, County Attorney, and various Law Enforcement Agency's Investigative Units. 7. Legal Assistant: Two (2) legal assistants are being requested to manage attorneys and their caseloads. One position is being requested at $46,000.00 per year and the other position is being requested for$42,000 per year.The minimum educational level required is a high school diploma,however, a college degree(or some college)is preferred.What the individual is paid will be based on experience and ability to communicate expertise effectively. 8. Receptionist: One(1)receptionist position is requested.The proposed salary is$35,000.00 per year. II. PROPOSED FRINGE BENEFITS 1. FICA:FICA for the proposed new salaries will increase the budget$80,669.25.It is calculated at a rate of 7.65%of the individual's gross pay. 2. Retirement:Retirement for the proposed new salaries will increase the budget$179,265.00.It is calculated at a rate of 17%of the individual's gross pay. 3. Health Insurance: Health insurance for the proposed new salaries will increase the budget $220,896.00.It is currently$16,992.00 per year per employee. 4. Worker's.Compensation: Worker's Compensation for the proposed new salaries will increase the budget $1,238.88. It is calculated at a rate of .115 for all attorneys and staff except investigators which is calculated at a rate of.1332. Brazos County Public Defenders Office Budget Narrative and Justification Page 2 of 11 FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 13 of 23 III. PROPOSED OPERATIONAL EXPENSES 1. Conference& Seminar:An additional$20,000 will be added to the budget for conference and seminar spending.This will account for the cost of the increase in staff positions as well as the increase in cost of their specialties. Conferences with training for mental health,juvenile, and board-certified staff and attorneys will require more funding.This training is essential to their ability to stay up to date on legislative amendments,the latest in investigative techniques, and holistic service delivery innovations. 2. Travel: An additional $21,127.00 will be added to the budget for travel expenses related to expenses for trainings, conferences, and seminars. This will include spending on mileage, hotels,per diem,parking and tolls during conferences and seminars. 3. Office Supplies: An additional $9,056.00 will be added to the budget for office supplies. Growing the number of attorneys and staff will require additional supplies needed for these employees. 4. Copier/Printer/Fax Supplies: It will be necessary for this budget to increase by $2,000.00 due to the increase in staff and attorneys. • 5. Gas:The Ford Escape was purchased by Brazos County for the Public Defenders Office to use for general purposes. Its primary uses include transportation to conferences, client meetings, and investigations.It will be necessary to increase this budget by$4,000 to compensate for the increase in the attorneys and staff. 6. Furniture:The proposed increase to the furniture budget will be an additional$23,000.00.This cost will be to provide the new attorneys and staff with desks and chairs.It will also cover the cost of any desks and chairs necessary for the current attorneys and staff. It will also include book shelves and conference room tables. 7. Telephone:The proposed cost for spending on a phone system is$2,500.00.This is anticipated to be a necessary system to provide easy of access in transferring phone calls to the appropriate individual over the computer instead of manually through the phone. 8. Technology:The cost to provide technological equipment for the additional attorneys and staff is $40,000.00.The addition to the current budget is$35,736.00. 9. Scanners: Scanners cost$1,000.00 each.Each case worker,legal assistant,and the receptionist • will receive one for a total of$5,000.00 for the budget. Brazos County Public Defenders Office Budget Narrative and Justification Page 3 of 11 FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 14 of 23 10. Cellphones:The proposed increase to the cellphone budget will add$10,800.00 to the current budget to account for the new attorneys and staff. 1.1. Court Costs: The proposed increase to the court cost is only an additional $2,000.00 to the current budget. The current court cost budget has been utilized for interpreters for Spanish speaking clients.It is our expectation that the cost for interpreters will decrease when new staff are hired due to hiring bilingual staff. However, the budget for this fund will need to remain significant to afford clients the ability to ascertain expert witness testimony necessary to their defense. 12. Printing:The printing budget is proposed to increase by$4,500.00.In part this funding will go • toward business cards for attorneys and staff. The administrative team would also like to provide printed information to clients and their families regarding services provided by the PDO. This information can be disseminated in the office, at the jail, and various outreaches around the community. 13.Long Distance: The addition of $1,000.00 for long distance funding will ensure there is a budget to make phone calls necessary to witnesses, experts, and various long-distance resources valuable to client defense development. 14. Subscriptions & Publications: The additional funding for the budget is $12,000.00 for subscriptions and publications.This will provide the PDO with the necessary budget to provide attorneys and staff with law books, supplemental research material,and case specific trial material necessary to building effective defenses for clients. 15. Copier/Printer/Fax Maintenance: There is a $700.00 increase to this budget being requested. With the increase in usage from the increase in staff, it is likely there will be additional maintenance costs associated with this increase in use. 16.Lexis Nexis:The contract for FY 2025 will increase to$20,000.00 for the entire year for Lexis Nexis which will be a $13,376.00 increase to the current budget. The cost will be billed monthly. This legal software is used for legal/case law research and is the investigative background check tool used by our investigator. 17. Legal Server:The contract proposal for Legal Server is estimated to cost around$85,000.00 to implement along with the one year of service.Legal Server is a case management software for managing data, client information, and case information. Brazos County.Public Defenders Office Budget Narrative and Justification Page 4of11 • FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 15 of 23 IV. TABLE:SALARIES&FRINGE BENEFITS NEW POSITIONS i FRINGE BENEFITS [POSITION SALARY 'FICA [RETIREMENT ;HEALTH IW/C 'Juvenile Defender 1 $ 130,000.00 ; $9,945.00 I $22,100.00 I$ 16,992.00 I $149.50I Juvenile Defender $ 105,000.00 I $8,032.50 i $17,850.00 i$ 16,992.00 j $120.75 \ MentalHealth Defender $ 120,000.00 I� $9,180.00'; �_.._._ $20,400.00 $ 16,992.00 $138.00 [Apellate Defender IT 120,000.00 1 $9,180.00, $20,400.00 i$ 16,992.00 $138.00 1 I Public Defender 1$ 105,000.00 1 $8,032.50 i $17,850.00[$ 16,992.00 1 $120.75 Public Defender i$ 87,500.00 i $6,693.75 1 . $14,875.00!$ 16,992.00 1 $100.63 I ;Caseworker ':. $ 60,000.00 I $4,590.00 1 $10,200.00 I$ 16,992.00 i $69.00 Caseworker $ 60,000.00 I $4,590.00 1 $10,200.00 i$ 16,992.00 1 $69.00 [inf vestigator _...._._...___.. W$ .._,.72,000.00 1 $5,508.00 1 $12,240.00 i$ 16,992.00 I $95.90 {Investigator j$ 72,000.00 1 $5,508.00 I $12,240.00 i$ 16,992.00 i $95.90 ILegalAssistant ; $ 46,000.00 I $3,519.00! $7,820.00 i $ 16,992.00 1 $52.90 I 'LegalAssistant 1 $ 42,000.00 1 $3,213.00 i $7,140.00 t$ 16,992.00 t $48.30 l (Receptionist 1$ 35,000.00 I $2,677.50 I $5,950.00 I$ 16,992.00 I $40.25 1 1TOTALS 1 $ 1,054,500.00 I $80,669.25 I $179,265.00 I $ 220,896.00 _ $1,238.88 , The total cost of new positions is$1,536,569.13. V. TABLE:OPERATIONAL EXPENDITURES ;Expense IBudgetlncrease Conference&Seminar $ 20,000.00 !Travel $ 21,127.00 'Office Supplies ( $ 9,056.00 !Copier/Printer/Fax Supplies $ 2,000.00 [Gas $ 4,000.00 • [Furniture $ 23,000.00 ;Telephone i $ 2,500.00 'Technology $ 35,736.00 ;Scanners $ 5,000.00 Cell Phones $ 10,800.00 1 Court Costs $ 2,000.00 ;Printing ; $ 4,500.00 , Long Distance ( $ 1,000.00 (Subscriptions/Publications $ 12,000.00 !Copier/Printer/FaxMaint. i $ 700.00 Lexis Nexis ; $ 13,376.00 ILegal Server ; $ 85,000.00 ITOTAL . $ 251,795.00 The total cost of increased operational expenses is$251,795.00. Brazos County Public Defenders Office Budget Narrative and Justification Page 5 of 11 FY2025 Brazos Statement of Grant Award(Continued).Public Defender Office 16 of 23 i INTRODUCTION THE BRAZOS COUNTY PUBLIC DEFENDERS OFFICE IS CURRENTLY FUNDED THROUGH A TWO-YEAR IMPROVEMENT GRANT.THIS SECTION OF THE BUDGET NARRATIVE PROPOSES CONTINUED FUNDING FOR THE CURRENT POSITIONS WITH INCREASE IN SALARIES AND PAY FOR THOSE POSITIONS FOLLOWED BY CONTINUED FUNDING FOR THE CURRENT OPERATIONAL EXPENSES. VI. CONTINUED FUNDING FOR CURRENT POSITIONS WITH PROPOSED PAY INCREASES: 1. Chief Public Defender: The Chief Public Defender position request is $145,000.00 per year. The Chief is currently salaried at.$130,000.00. The original salary proposed for the position was$140,000.00 to start FY 2022.The County salaried the position at$130,000.00 and it was the only position that did not receive a COLA increase in FY 2024.The growth of the.Public Defenders' Office will mean that the administrative and caseload responsibilities of the Chief will continue to grow as well. The salary for this position should increase in accordance with the growth in administrative responsibilities, staffing, improvement divisions and case load as well as pay parity with county/district attorneys and/or their first assistants. (First Assistant- County Attorney- $148,428.80;First Assistant-District Attorney-$165,000.16) 2. Public Defenders:Five(5)attorney positions are currently funded under the current grant.It is requested that funding resume under the Multi-Year Improvement Grant.This includes two(2)- Felony Defender positions and three (3) misdemeanor positions. One Felony Defender position, currently funded at $108,153.00, is requested to increase to $120,650.00 based on attorney experience and board certification.The second Felony Defender position is budgeted at$119,9989.98 and is requested to increase to $132,500.00 based on the attorney's years of experience and qualification to represent clients on capital cases.There is an attorney position budgeted for $83,000.00 with a request to increase the salary to $90,500.00, an attorney position budgeted for $93,001.00 proposed with a proposal to increase to $100,500.00, and • finally a position budgeted for$105,000.00 with a proposal to increase to $112,500.00. Each of these final three increases is based on years of experience and expertise for misdemeanor and felony case loads. 3. Investigator: The current salary for the investigator is $74,000.00. It is proposed that this position's salary is increased to$81,500.00 due to increase in felony caseloads and the increase in enhanced and 3g cases. 4. Case Worker: The current salary for the case worker position is $66,340.00. The requested salary for the Case Worker position is$70,000.00.This request is based on the number of cases and attorneys the case worker is collaborating with in order to connect with clients and understand which resources would best meet their current and future needs. The case worker Brazos County Public Defenders Office Budget Narrative and Justification Page 6 of 11 • FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 17 of 23 also collaborates with organizations in the community to network and stay informed and connected,maintaining a relationship that cultivates the mission and vision of the PDO. 5. Administrative Clerk: The requested salary for the Administrative Clerk position is $54, 225.00.The current yearly pay for this position is $54,225.00.It is requested that this amount position be raised to $58,000.00 due to years of experience,training and experience with the legal system in Brazos County, and the increase in caseload- in particular at the intake and disposition phase of cases. 6. Office Manager:The current salary for the Office Manager position is$71,136.00.The position is requested to be funded at $75,000.00 for fiscal year 2025. This takes into account the management of additional office staff, assistance with planning the phase in of the proposed improvement divisions, hiring the additional staff for those divisions and collaborating with the necessary departments within the county to acquire and prepare space for the new divisions. VII. CURRENT FRINGE BENEFITS WITH PROPOSED PAY INCREASE BENEFITS: 1: FICA:FICA for the current budget is$68,838.79.With the proposed salary and pay increases, it is$75,429.00.It is calculated at a rate of 7.65%of the individual's gross pay. 2. Retirement: Retirement for the current budget is $152,975.08. With the proposed salary and pay increases,it is$167,620.00. 3. Healthcare:Healthcare is calculated at a rate of$16,992.00 per person for the year.This amount does not change unless the cost of insurance changes.For the current positions,healthcare will cost$169,920.00. 4. Worker's Compensation:Worker's Compensation for the current salaries is $1,054.06.With the proposed pay increases,the budget for Worker's Compensation is $1,148.73.It is calculated at a rate of.115 for all attorneys and staff except investigators which is calculated at a rate of.1332. VIII. CURRENT OPERATIONAL EXPENSES 1. Conference&Seminar: Conference and Seminar expenses are currently budgeted at $5,000.00. 2. Travel: Travel expenses are currently budgeted at$10,873.00. 3. Office Supplies: Office supplies are currently budgeted at$5,944.00. Brazos County Public Defenders Office Budget Narrative and Justification Page 7 of 11 FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 18 of 23 4. Copier/Printer/Fax Supplies: Copier/Printer/Fax Supplies are currently budgeted at $1,000.00. 5. Gas: Gas is currently budgeted at$1,000.00 6. Furniture:Furniture is currently budgeted at$2,000.00 7. Telephone:There is not currently a budget for a telephone system to support a large office. 8. Technology:The current technology budget is$4,264.00. 9. Scanners:There is not currently a budget for scanners this fiscal year. 10. Cellphones:The celephone budget is currently$4,200.00. 11.Court Costs: Court Costs are currently budgeted at$38,000.00. 12.Printing:The current Printing budget is$500.00 13.Long Distance:There is not currently a budget for long-distance calling. 14. Subscriptions &Publications: Subscriptions and Publications are currently budgeted at $3,000.00. 15. Copier/Printer/Fax Maintenance:The maintenance costs are currently budgeted at$300.00. 16.Lexis Nexis:Lexis Nexis is currently budgeted at$6,624.00. 17.Legal Server:Legal Server is not currently in the budget. Brazos County Public Defenders Office Budget Narrative and Justification Page 8 of 11 FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 19 of 23 • IX. CURRENT SALARIES/FRINGE BENEFITS& PROPOSED SALARY INCREASES/FRINGE BENEFITS Current Positions Current Fringe Benefits 1 Position Current Salaries I FICA I Retirement Health I Comp , Chief Public Defender $ 130,000.00 I $ 7,114.57 $ 15,810.16 $ 16,992.00 $ 149.50 Public Defender $ 108,153.00 1 $ 4,692.51 $ 10,427.80 $ 16,992.00 ; $ 124.38 Public Defender $ 119,999.98 1 $ 4,148.29 $ 9,218.42 $ 16,992.00 1 $ 138.00 !Public Defender $ 83,000.00 I $ 5,441.90 • $ 12,093.12 $ 16,992.00 ) $ 95.45 'Public Defender $ 93,001.00 1 $ 9,179.99 $ 20,399.98 $ 16,992.001 $ 106.95 IPublic Defender $ 105,000.00 $ 6,349.50_ $ 14,110.01 $ 16,992.00 ; $ 120.75 1 I investigator $ 74,000.16 1 $ 5,661.01 $ 12,580.03 $ 16,992.00 r$ 98.57 )Administrative Clerk $ 66,340.00 1 $ 8,273.48 $ 18,385.52 $ 16,992.00 ! $ 76.29 Case Worker $ 54,225.00 1 $ 8,032.52 $ 17,850.04 $ 16,992.00 $ 62.361 Office Manager $ 71,143.00 $ 9,945.00 $ 22,100.00 $ 16,992.00 1 $ 81.81 Total $ 904,862.14 $68,838.79 $152,975.08 $ 169,920.00 $ 1,054.06 Salaries 1 $ 904,862.14 . Fringe Benefits I $ 392,787.92 Total 1 $ 1,297,650.06 j Proposed Salaries Current Positions Proposed Fringe Benefits Position Proposed Salaries FICA Retirement Health Comp !Chief Public Defender $ 145,000.00 1 $11,092.50 $ 24,650.00 $ 16,992.00 1 $ 166.75 )Public Defender $ 120,500.00 $ 9,218.25 $ 20,485.00 $ 16,992.00 1 $ 138.58 ' 'Public Defender $ 132,500.00 $10,136.25 $ 22,525.00 $ 16,992.00 1 $ 152.38 Public Defender $ 90,500.00 1 $ 6,923.25 $ 15,385.00 $ 16,992.00 1 $ 104.08 1 Public Defender $ 100,500.00 $ 7,688.25 $ 17,085.00 $ 16,992.00 1 $ 115.58 i Public Defender $ 112,500.00 i $ 8,606.25 $ 19,125.00 $ 16,992.00 I $ 129.38 Investigator $ 81,500.00 ` $ 6,234.75 $ 13,855.00 $ 16,992.00 r$ 108.56 .Administrative Clerk $ 70,000.00 $ 5,355.00 $ 11,900.00 $ 16,992.00 1 $ 80.50 !Case Worker $ 58,000.00 1 $ 4,437.00 $ 9,860.00 $ 16,992.00 I $ 66.70 I Office Manager $ 75,000.00 1 $ 5,737.50 $ 12,750.00 $ 16,992.00 $ 86.25 )Total $• 986,000.00 $75,429.00 $167,620.00 $ 169,920.00 $ 1,148.73J Salaries I $ 986,000.00 Fringe Benefits $ 414,117.73 Total I $ 1,400,117.73 Brazos County Public Defenders Office ' Budget Narrative and Justification Page 9 of 11 FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 20 of 23 X. CURRENT OPERATIONAL EXPENSES Current Operational Expenses Conference&Seminar $ 5,000.00 Travel $ 10,873.00 Office Supplies $ 5,944.00 Copier/Printer/Fax Supplies ! $ 1,000.00 Gas G $ 1,000.00 Furniture $ 2,000.00 Telephone I $ Technology j $ 4,264.00 Scanners • i $ - Cell Phones : $ 4,200.00 Court Costs $ 38,000.00 Printing I_$ 500.00 Long Distance I $ - Subscriptions/Publications j $ 3,000.00 Copier/Printer/Fax Maint. $ 300.00 Lexis Nexis F $ 6,624.00 Legal Server $ - Total $ 82,705.00 The current operational expenses for the 2025 fiscal year is$82,705. XI. TOTAL AMOUNT The total amount requested for FY 2025 is $3,271,186.86. The amount requested for salaries, including fringe benefits,for twenty-three(23)full time employees is$2,936,686.86.The amount requested for operational expenses is $334,000.00. This amount includes a one-time implementation cost for Legal Server case management software. GRANTTOTALS New Position Cost $ 1,536,569.13 Expense Increase $ 251,795.00 Current Position W/Increase $ 1,400,117.73 Current Expenses $ 82,705.00 Total $3,271,186.86 The Multi-Year Improvement Grant requires a 20% cash match by Brazos County.That portion of this budget is $654,237.37. Brazos County Public Defenders Office Budget Narrative and Justification Page 10 of 11 FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 21 of 23 XII. SENATE BILL 22: Senate Bill 22 (SB 22) established a grant program to provide financial assistance for salaries to law enforcement and prosecutors'offices. Brazos County was eligible for SB 22 funds and applied for and received SB 22 funds to supplement existing salaries and create new positions. This increase in law enforcement funding threatens to increase the pay and resource disparity between prosecutors'offices and public defenders'offices in a way that threatens justice.Pay and resource parity between prosecutors' offices and public defenders' offices is crucial for several reasons, primarily revolving around fairness, effectiveness of the justice system, and public confidence. The principle of fairness in the legal system is foundational. If public defenders are under- resourced and underpaid compared to prosecutors, this creates an imbalance in the ability of defendants to receive competent legal representation. This is especially critical since public defenders typically represent individuals who cannot afford private counsel, often the most vulnerable in society. With parity in resources and pay, public defenders can attract and retain more skilled and experienced attorneys. Underfunding and lower salaries lead to high turnover rates, larger caseloads, and less time per case among public defenders.This can result in poorer outcomes for defendants, including higher chances of wrongful convictions or unnecessarily harsh sentences. A well-resourced public defender's office can help ensure more equitable outcomes in the legal process. This includes having the capacity to engage in thorough investigations, expert witness consultations,and better trial preparations,which are essential for robust defense strategies. Public trust in the fairness and effectiveness of the criminal justice system is higher when both sides of the legal process are equally resourced. This balance helps to uphold the principle that everyone is innocent until proven guilty and that every defendant has a right to a fair trial.Better- resourced public defenders can handle cases more efficiently and effectively, reducing delays in the court system.This helps to alleviate backlogs and speeds up the legal process, benefiting the entire community. To offset the anticipated disparity created by SB 22, the BCPDO requests an additional $275,000.00. This will allow the Public Defenders Office to provide competitive pay for more experienced attorneys with diverse expertise in criminal law.Additionally, the Public Defenders Office will be able to add funding to case worker positions allowing it to hire licensed social workers and pay them a fair salary for their education and licensing.The investigators will also be given an income increase for membership and licensing fees.This funding will also be allocated to the attorney positions to assist with payment of bar and licensing dues.The District Attorney's Office currently pays the licensing dues for its prosecutors with funds from its asset forfeiture division-money that is not a part of the yearly budget for their department. Brazos County policies and procedures prohibit the use of budgetary department funds for the payment of these dues, leaving the defenders to pay these fees out of pocket. Brazos County Public Defenders Office Budget Narrative and Justification Page 11 of 11 FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 22 of 23 Timeline for Reporting and Fund Distribution Reports will be submitted on-line at tidc.tamu.edu. Reporting Period Type Report Due Date Report Due Fund. Distribution Date October 2024 through Grant Expenditure Report January 15,2025 February 2025 December 2024 Progress Report January 2025 through March Grant Expenditure Report Apri115, 2025 May 2025 2025 Pro ess Report April 2025 through June Grant Expenditure Report July 15, 2025 August 2025 20205 Progress Report July 2025 through September Grant Expenditure Report October 15,2025 December 2025 2025 Progress Report • • FY2025 Brazos Statement of Grant Award(Continued),Public Defender Office 23 of 23 'c. ".�e.�d„S 7 ANit ..w p°j: BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: , DATE OF COURT MEETING: 8/27/2024 ITEM: Approval requested for acceptance of the Grant Award from the Texas Veterans Commission for the General Assistance Program:Employment Support and Signature Authority assigned to the County Auditor. TO: Commissioners Court DATE: 08/22/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Ink NOGA_- Notice of Grant Award Backup Material Brazos_General Assistance Program.docx Designated_Signature_Authority_- Signature Authority Backup Material _Employment Supportpdf • _4'RO lib I --_ sia i /at/- Duane Peters Date County Judge 4Fund for Veterans' Assistance TraAsvETERANs Ne(pin9 Veterans Starts Nen COMMISSION • Notice of Grant Award NOGA AWARD INFORMATION TVC Grant Number: Grantee Organization: Award Issue Date: FVA24-E-086 Brazos County 05/16/2024 • Fluxx Grant ID: R-2023-2018004954 AWARDING AGENCY AWARD AMOUNT Grantor Organization: Total Awarded Amount: Texas Veterans Commission $5,000 AWARD DETAILS Program Category: Service Category: General Assistance Program Employment Support Grant Period Start Date: Grant Period End Date: 07/01/2024 06/30/2025 • Terms and Conditions The approved signature below serves as a formal acceptance by the Texas Veterans Commission(NC)of the Grantee's Application,and addenda(if any)and the approval of this Notice of Grant Award creates a legally binding agreement between the Grantee and NC.The NC Grant Program Requirements as stated in(1)the applicable federal and/or state statute and regulations,(2)the original Request for Applications(RFA)including any addenda issued,(3)the budget tables,budget group allocations,and budget narratives and notes in the addenda to Grantee's Application,and(4)Grantee's.Application are incorporated into and made a part of this Notice of Grant Award for all purposes,supersede any prior or contemporaneous understandings between the parties pertaining to the subject matter herein whether oral or written,and collectively constitute the entire agreements between the parties.In the event of a conflict in the language contained in the incorporated documents, conflicts shall be resolved by reference to the language contained in the documents in the order listed above.Any changes to the approved Grant must follow NC's amendment process. AUTHORIZATION Authorized Representative Name: Authorized Representative Title: Duane Peters Signature Authority Executive Director: Authorized Representative Title: Thomas Palladino Executive Director Delegation of Authority The signature authority below for Brazos County hereby delegates the authority to manage and report on behalf of the grants awarded by the Texas Veterans Commission to the Brazos County Auditor in accordance with the guidelines set forth by the Texas Veterans Commission and Brazos County policies. The grants involved are as follows: • General Assistance Program:Employment Support—Award Amount: $5,000.00 Brazos County verifies that the signature(s) below is a complete, true, and correct representation of signature authority. This delegation is effective as of the date executed and remains in effect until revoked in writing. Duane Peters Printed Name Signature of Authorized Representative Executive Director e(al aoa Title of Authorized Representative Date Brazos County R-2023-2018004954 Legal Name of Contractor Fluxx Grant ID The Designated Authority as referenced above has authorized the following person(s) listed below to approve and sign on the contract functions as indicted. Katie Conner 43/e.A..„ Printed Name Signature County Auditor Chief Financial Officer Title Function • l 1w F*: o�'a• XJLr $4. • BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 8/27/2024 ITEM: Approval requested for acceptance of the Grant Award from the Texas Veterans Commission for the Veterans Mental Health Program:Clinical Counseling and Signature Authority assigned to the County Auditor. TO: Commissioners Court DATE: 08/22/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvae NOGA= Notice of Grant Award Backup Material _Brazos Veterans Mental_Heallh_Program.docx Designated Signature Authority_ Signature Authority Backup Material _Clinical Counseling.pdf APPRO • bag- Duane Peters Date County Judge *Fund for Veterans' Assistance 1TEXASVETERANS7(e ring Veterans Star&7Nere COMM mlo . Notice of Grant Award • • NOGA AWARD INFORMATION NC Grant Number: Grantee Organization: Award Issue Date: VMH24-C-022 Brazos County 05/16/2024 Fluxx Grant ID: R-2023-2018004978 AWARDING AGENCY AWARD AMOUNT Grantor Organization: Total Awarded Amount: Texas Veterans Commission $5,000 • AWARD DETAILS Program Category: Service Category: Veterans Mental Health Program Clinical Counseling Grant Period Start Date: Grant Period.End Date: 07/01/2024 06/30/2025 Terms and Conditions • The approved signature below serves as a formal acceptance by the Texas Veterans Commission(TVC)of the Grantee's Application,and addenda(if any)and the approval of this Notice of Grant Award creates a legally binding agreement between the Grantee and NC.The NC Grant Program Requirements as stated in(1)the applicable federal and/or state statute and regulations,(2)the original Request for Applications(RFA)including any addenda issued,(3)the budget tables,budget group allocations,and budget narratives and notes in the addenda to Grantee's Application,and(4)Grantee's Application are incorporated into and made a part of this Notice of Grant Award for all purposes,supersede any prior or contemporaneous understandings between the parties pertaining to the subject matter herein whether oral or written,and collectively constitute the entire agreements between the parties.In the event of a conflict in the language contained in the incorporated documents, conflicts shall be resolved by reference to the language contained in the documents in the order listed above.Any changes to the approved Grant must follow NC's amendment process. AUTHORIZATION Authorized Representative Name: Authorized Representative Title: Duane Peters . Signature Authority Executive Director: Authorized Representative Title: Thomas Palladino Executive Director Delegation of Authority The signature authority below for Brazos County hereby delegates the authority to manage and report on behalf of the grants awarded by the Texas Veterans Commission to the Brazos County Auditor in accordance with the guidelines set forth by the Texas Veterans Commission and Brazos County policies. The grants involved are as follows: • Veterans Mental Health Program: Clinical Counseling—Award Amount: $5,000.00 Brazos County verifies that the signature(s) below is a complete, true, and correct representation of signature authority. This delegation is effective as of the date executed and remains in effect until revoked in writing. Duane Peters Printed Name Signature of Authorized Representative Executive Director j a"1 I . cLI4- Title of Authorized Representative Date Brazos County R-2023-2018004978 Legal Name of Contractor Fluxx Grant ID The Designated Authority as referenced above has authorized the following person(s) listed below to approve and sign on the contract functions as indicted. Katie Conner Printed Name Signature County Auditor Chief Financial Officer Title Function ST�orr ' Z'a i14e, cetko . pMrYUF9�PM • BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 8/27/2024 ITEM: Request authorization to wire transfer up to$13,000,000.00 to HHSC for the Uncompensated Care Program Demonstration Year 13-Final Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. TO: Commissioners Court FROM: Nina Payne DATE: 08/21/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Brazos County LPPF(Fund 16000) Funds must be set up using TexNet system as required by HHSC. Last day to submit NOTES/EXCEPTIONS: I GT on TexNet is Thursday,August 29,2024,with settlement date of Friday,August 30, 2024.These funds will need to be placed in the"UC Hospital"Bucket. ACTION REQUESTED OR Request approval. ALTERNATIVES: • ATTACHMENTS: File Name Description Type UC_DY 13 IGT Notification_8.22.24.pdf DY 13 UC Request Cover Memo UC DY_13_Allocation Summary_ UC DY 13 Final Allocation Backup Material Agenda 8.27.24.pdf APPRO art 014- Duane Peters Date County Judge Nina Payne From: . Kelly O'Brien <kelly@ahcv.com> Sent: Thursday,August 22,2024 9:33 AM To: Edward C. Bull; Nina Payne;Jamie L.Cartwright;Cristian T.Villarreal; Katie D.Conner Cc: Justin Flores Subject: Uncompensated Care Program DY13 IGT- Brazos LPPF Attachments: UC DY13 Final Allocation Summary-Brazos LPPF.xlsx; DY13 Fin Jefferson Allocation Summary-Brazos LPPF.xlsx; DY13 Fin MRSA Central Allocation Summary- Brazos LPPF.xlsx; DY13 Fin MRSA Northeast Allocation Summary- Brazos LPPF.xlsx; DY13 Fin Travis Allocation Summary- Brazos LPPF.xlsx Brazos County Disclaimer *****This is an email from an EXTERNAL source.DO NOT click links or open attachments unless you recognize the sender and have verified that the content is safe.Never enter USERNAME,PASSWORD or sensitive information on I pages linked from this email"***** Hello Brazos County Team, As you know,the upcoming UC DY13 Final IGT is taking place on Thursday,August 29th.As was discussed in another conversation,its our understanding that HHSC intends to revise the DY13 Final UC payment file. The timeline in which HHSC will release this revised file is unclear.Whenever the new numbers get released,we will send you the exact numbers so that you have the actual amounts that must be entered into TexNet. Due to Brazos County needing these numbers today,we will be providing an "up to" amount and will look to revise these numbers as soon as we hear from HHSC about this revised file. Accordingly,the hospitals participating within the Brazos County LPPF would like to request the following IGT amounts noted below. (Please review the accompanying allocation.) UC DY13 Final—total requested IGT amount $13,000 OOOTO • MRSA Central SDA:$5,400,000.00 • MRSA Northeast SDA:$3,700,000.00 • Travis SDA:$3,500,000.00 Jefferson SDA:$400,000.00 Brazos County should submit separate TexNets and allocation forms(attached)for the specific amounts noted above, attributable to each SDA. It is not sufficient to provide one TexNet. HHSC requires these amounts to be entered into TexNet no later than the close of business 8/29/2024 with a settlement date of 8/30/2024. These funds will need to be placed in the"UC Hospital" Bucket. Upon successful completion of the IGT,please submit the PDF of the TexNet Trace Sheets and allocation forms to PFD UC Pavments@hhs.texas.gov. AHCV also kindly requests to be copied on the TexNet submission to HHSC on or before the deadline noted above. • Please do not hesitate to contact us with any questions. Thank you, Kelly O'Brien Adelanto HealthCare Ventures LLC. 1 401 W.15th Street,Suite 840 I Austin,TX 78701 Main Office:(512)322-9413 Direct:(802)825-2466 http://www.ahcv.com 2 Brazos County LPPF DY13 UC/SDA Allocation Form Agenda Date: Tuesday, August 27, 2024 TexNet: Thursday, August 29, 2024 Settlement Date: Friday, August 30, 2024 Bucket: UC Hospital TRACE Number: • - ' Ug ¶t Traee Numbers Above. , The Trace Number is in the receipt you receive from the Comptroller once you have submitted your IGT into TexNet. The Trace Sheet and Allocation Form must be submitted together in the same email..All Trace Sheet submissions must be accompanied by an Allocation Form. If a.governmental entity is submitting in multiple SDA's,a separate allocation form must be submitted for each SDA SDA Facility TPI Government IGT Total Entity MRSA Central Madison St. Joseph Health Center 020990001 Brazos LPPF 300,000.00 MRSA Central Burleson St. Joseph Health Center 112725003 Brazos LPPF 200,000.00 MRSA Central St. Joseph Regional Health Center 127267603 Brazos LPPF 3,500,000.00 MRSA Central Scott&White Hospital - Brenham 135226205 Brazos LPPF 400,000.00 MRSA Central St. Joseph Regional Health Center 147918003 Brazos LPPF 150,000.00 MRSA Central Scott&White Hospital - College Station 326725404 Brazos LPPF 850,000.00 MRSA Central Total $ 5,400,000.00 Jefferson Memorial Hospital of Polk County 112697102 Brazos LPPF 400,000.00 Jefferson Total $ 400,000.00 Travis Scott&White Hospital - Marble Falls 353712801 Brazos LPPF 2,500,000.00 Travis Scott&White Hospital -Taylor 136327710 Brazos LPPF 1,000,000.00 Travis Total $ 3,500,000.00 MRSA Northeast Memorial Medical Center Of East Texas 139172412 Brazos LPPF 3,550,000.00 MRSA Northeast Memorial Medical Center San Augustine 130734007 Brazos LPPF 150,000.00 MRSA Northeast Total $ 3,700,000.00 Estimated IGT Transfer 13,000,000.00 Nina Payne npayne@brazoscountytx.gov 979-361-4186 Katie Conner kconner@brazoscountvtx.gov 979-361-4359 '' V:14)* •••.**,, gad: OF.g. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 8/27/2024 ITEM: Approval of the Brazos County Clerk's Records Management and Archival Plan to collect a $10.00 fee for non-court filings. TO: Commissioners Court DATE: 07/25/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type. Brazos REC_MGMT PLAN_FY2025.doc County Clerks Records Managament&Archival Play Cover Memo • • • APPRO ijaq- Duane Peters Date a County Judge Brazos County Clerk Records Management and Archive Plan I. Background (Statutory History) The 77th Texas Legislature passed HB 370 in.2001 to allow border counties to assess a $5.00 Records Management and Preservation Fee for the preservation of older records filed with the County Clerk. The 78th Legislature passed SB 1731 amending the original legislation allowing all counties to collect this fee with Commissioner's Court approval.The County Clerk is proposing to collect this fee at this time. This legislation amends Local Government Code, Section 118.011 (b &f),to enable the Commissioner's Court to adopt a Records Management and Records Archive Fee for the preservation and automation of previously filed and recorded real property and vital statistics records as part'of their regularly adopted annual budget. The 83rd Legislature passed HB 1513 amending Government Code, 118.011 (b&f) allowing the Commissioner Court to set and collect a Records Management and Records Archival Fee not to exceed$10.00 on non-court related filings. • The 87th Legislature passed SB41 which repealed Government Code 51.317 which allowed the Commissioners' Court to set the fees collected for filing of court cases. H.Bill Summary • Begins on approval of the County of Brazos 2025 Annual Budget.The fee must be set and itemized in the county's budget as part of the budget preparation process. • Termination:The 79th Legislature extended this bill indefinitely. The$10.00 fee is assessed on any instrument, document,paper, or other record that the County Clerk is authorized to accept for filing or recording(deed or official public records, assumed names, and marriage licenses). However, the 83nd legislature approved a sunset effective September 1,2019 to reduce the amount collected back to an amount not to exceed$5.00. HB 686 passed the 86th Legislative Session removing the sunset date. • The$5.00 fee is assessed on any original civil case filings. (Effective January 1, 2022 changed to $15.00 per SB41). • The fee may be used only to provide funds for specific records management and preservation and archival projects, including for automation purposes—in accordance with this written plan. • Changes to the plan must be approved by Commissioners Court. The plan may be modified as required. M.Purpose Some of Brazos County official records have been computerized and automated in electronic format since the late 1950s.The County Clerk's office is progressive in the preservation of current records,utilizing the original Records Management and Archival Fees from 1991 forward. However,this funding has not been sufficient to electronically preserve and restore the older documents that have a priceless historical value. In order to preserve and enhance the integrity of the existing system for recording and preserving public documents; the County Clerk seeks to preserve existing original records by restoring or re-creating old volumes, digitizing older microfilm and paper records, re- indexing old handwritten and typed indexed books and converting all older media into an electronic format and importing this newly created data into the existing computer system. IV. The overall goal and vision of the County Clerk's office is to: • Modernize and upgrade old record systems in the office. • Continue to add records and information to our existing computer system. • Eliminate or reduce manual lookups and searches. • Expedite record searching by having more records available for electronic retrieval. • Create a complete electronic records back-up for disaster recovery. • Provide more public information to the citizens of the County via the Intra/Internet. • Continue to eliminate the need for paper records. • Preserving original records by reducing daily usage. • Reclaiming much needed space in the public records area. • Construction of new records storage facility. V. Annual Revenue Estimate Official Real Property Records 31,000/annually Marriage Records 1,500/annually Civil/Criminal Filings 500/annually Total 36,000 Filings Annually X$ 20.00=$720,000.00 Total 500 Civil Filings X$15.00= $ 7,500.00 Total $727,500.00 VI.Restoration,Preservation and Automation Projects Real Property Records: Projects include computerized re-indexing and converting all real property records to electronic images and importing new records to the existing real property computer system. Phase 1: Electronic conversion of 1999 to 1967 existing microfilm to images, matching to the existing grantor/grantee index and importing to the computer and internet: Approx 674,000 Instruments filed 1967 to 1999 Estimated$ 370,700.00 White) Phase 2: Back conversion of 1955 to Volume A of Deed Records existing microfilm to electronic images and loading to computer by Book,Volume and Page. Approximately 1,167,000 images from 1966 to Volume 172. Estimated$ 167,000.00 g iliaed 1 1-49Wt1141 966 Approximately 204 volumes of Deed Records from Volume A To Volume 171 (sovereignty- 12-31-1955) C m 1 tedsouet'ei TV' "e xent) Estimated $ 365,838.00 Re-indexing real property records from 1955 back to Volume A using the scanned images of the original record books: Data entry/conversion of approx 355,000 instruments. Estimated$ Included above Phase 2a: Back conversion of 1955 to Volume A of the Deed of Trust records existing microfilm to electronic images and loading to computer by Book,Volume and Page. Approximately 49,000 images from Volume A To Volume 65 (sovereignty— 12-31-1955) Estimated$ 170,530.00 FO_16t4soyereign c 401 Phase 2b,c & d• Back conversion of 1955 to Volume A of the Release records, Oil& Gas records, Federal Tax records, State Tax records and Abstract of Judgment records existing microfilm to electronic images and loading to computer by Book,Volume and Page. Approximately 134 Volumes of miscellaneous records. (Completes,sovereignyX 2-31`-19.65) Estimated: $ 186,843.30 Phase 3: Design and remodel an existing county building for a records storage facility. Approximately 3900 square foot building Estimated$ 460,000.00 (OZ521eted'2Q T9); Phase 4: Maps and Plats Conversion/scanning and reindexing of all maps/plats and importing to existing computer system. Approximately 4,000 maps and plats Estimated$ 60,000.00 (Completear2019); Phase 5: Commissioner's Court Records Electronic conversion and reindexing of all existing Commissioner's Court minutes and importing this data to existing computer system in a searchable format. Approximately 190,000 pages and 120,000 index entries Estimated$ (Complete: lgadedsto Laserfiche) Phase 6: Vital Statistics Birth Records Scanning/Electronic Conversion of Brazos County birth records from sovereignty to present. Approximately 73843 birth records+conversion to microfilm. (Co npletetl sovereigntyWO): Estimated $ 241,150.14 Phase 7: Vital Statistics Marriage Records Scanning/Electronic Conversion of Marriage Records from sovereignty to present. Jn rocess Estimated $ 322,809.00 Phase 7a: Scanning/Electronic Conversion of Marriage Records from Sovereignty to present. (18 books missed) rope " Estimated: $25,000.00 Phase 8: Probate Case Records Scanning/Electronic Conversion of Probate Case files from sovereignty to 1970. Estimated: $ 1,082,395.94 Phase 9: Military Discharge Records Scanning/Electronic Conversion of Military Discharge Records (DD214) from 1918- 1983. Estimate: None received Restoration Project: Restoration,Preservation and Imaging of Historical Books County Clerk Military Records, Commissioner Court Index Book, 1876 Application to Citizenship—(1800 1915 records) (Complete(T20723X' Estimated$ 29,232.47 District Clerk Civil Minute Books,Docket Books, Embalming Record- (1853 — 1914 records) Peakja716#4 Estimated$ 129,242.00 Phase 10: Mobile filing system &Library Shelving Adding additional filing system to current system. Estimated$ 29,000.00 rakifeW 20243 Phase 11: Probate Case Records Scanning/Electronic Conversion of Probate Cases filed from 1-1-1971 to 12-31-1982 Estimate:None received Restoration Project: Restoration,Preservation and Imaging of Historical Books Record of Election Results,Hospital Lien,Record of Registered Nurses (Co`mplefed 2024} Estimate: $44,013.34) VIII.Length of Projects It is estimated that these projects will take numerous years to complete and implement. Some projects may be considered as on-going and paid monthly as revenue is collected. Summary The Legislature has provided a means to raise revenue for the records management and preservation of older county property and vital records. This"user"fee is an alternative to raising taxes or spending general fund monies to accomplish these important projects. This plan will be implemented in"phases"as money is accrued and deposited into a special revenue account.The completion of the initial phases will preserve the original records,provide more space in the public records area,and continue to modernize the Clerk's office through available technology. AMENDMENT TO 21-123R FOR MERCHANT SERVICES THIS AMENDMENT TO 21-123R Merchant Services ("Amendment") is entered into and effective this 8th day of June 2021 ("Effective Date")by and between Brazos County ("Customer"), and Sturgis Web Services. ("Contractor") each of which may alternatively be referred to herein as a"Party" and collectively as the"Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement(as defined below)unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original Contract # 18-041c ("Agreement") for purposes of Sturgis Web Services to provide of the service of Merchant Services;and WHEREAS,the Parties desire to incorporate Exhibit A,Payment Processing Service Agreement. WHEREAS,this agreement will necessitate the cancellation of the autorenewals with Forte and PayPal. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties hereto agree to amend the Agreement as follows: 1. Exhibit A and the cancellation letters,copies of which are attached and incorporated herein. 2. Conflict/No Other Modifications. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, this Amendment shall control. All other terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts,all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. B COUN STRUGIS WEB SERVICES FCAy,\\ ,—oows by: W :.lk:4•4 Signature r�88nEa°ture D89F8784s8... --� � N� 2rr i�S Ad-am Wilkins Name Name c1/4 �` � General Manager Title Title Co /< / 6/2/2021 Date 1 Date uocuaign tnveiope iu:oeaat,uar io.,a-..,.i-oven-or•r.cvr..+„vor.....„, sTuRGis . .._..„),) Powered by PayPal • PAYMENT PROCESSING SERVICE AGREEMENT between Sturgis Web Services ("Sturgis") having its principal place of business at: 3025 Windward Parkway,Suite 200 Alpharetta,GA 30005 and Brazos County Tax Assessor Collector ("Merchant") having its principal address at: 4151 County Park Court;Brya n,TX 77802 Pavmenl Processing Agreement:Sturgis Web Services&Bncos County Tar Assessor Collector i Page I of 17 Docusign Envelope ru:oaaa�uar�o'+a-++� „--••-THIS PAYMENT PAYMENT PROCESSING SERVICE AGREEMENT (this "Agreement") is made and entered into as of the 2nd day of June 20 21("Effective Date")by and between Sturgis and Merchant.Merchant and Sturgis may each be referred to individually as a"Party"and together as the"Parties." The Schedules to this Agreement are attached or incorporated by reference. For and in consideration of the mutual covenants contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Sturgis and Merchant agree as follows: 1. E-PAYMENT SYSTEM. 1.1. E-Pavment System. Subject to the teens of this Agreement,during the Term,Sturgis will process electronic payments to Merchant("Payments")from Merchant's taxpayers,citizens a nd/orcustomers("Customers")via an electronic payment system that is provided by Sturgis and is described in more detail on SCHEDULE A(the"E-Payment System"). Merchant will promptly provide Sturgis with information reasonably required by Sturgis in order to promptly and accurately perform the services contemplated by this Agreement. 1.2. payment Date. The date on which a Payment is posted to the E-Payment System by a Customer will be deemed the date the Payment is made for all purposes,including any late fees,if any,that Merchant may charge to such Customer.The date the Payment is "posted"is the date the Customer manually transmits the Payment to the E-Payment System or the date an agreed automatic Payment is initiated,whichever is applicable.Sturgis will remit to Merchant all Pa ymentspaid via the E-Payment System no later than three(3) business days following the date a Payment is posted. 13. Chargebacks.Merchant will promptly investigate all Chargebacks(asdefined by the Rulesof theapplicable Payment Network) with the assistance of Sturgis. Merchant is responsible for the amounts of all Chargebacks,deposit errors, refunds,and unfulfilled products and services("Disputed Amounts"). Sturgis is responsible for the third-party fees and penalties levied by a Payment Network in respect of the investigation and resolution of a Chargeback("Chargeback Resolution Fees"). Sturgis may,in its discretion,debit Merchant's account in respect of Disputed Amounts or bill Merchant for the amount of such Disputed Amounts. 1.4. Fraud. Sturgis may,in its sole discretion,implement any fraud prevention systems that it deems necessary,appropriate,and/or advisable,including,but not limited to,CVV2,Address Verification Service,Verified by Visa,MasterCard Secure Code and/or similar systems. 1.5. Modification of E-Pavment System. Sturgis may modify the features and functionality of the E-Payment System at any time and from time to time;provided,however,that Sturgis will not modify the E-Payment System in a manner that would significantly adversely affect the use thereof,without providing at least ten(10)days prior notice to Merchant of any such modification. 1.6. Fees. In consideration for the provision of the E-Payment System,Customers will pay to Sturgis,in respect of each Payment, the Convenience Fees that are detailed in SCHEDULE B and Merchant,if applicable,will pay to Sturgis the Merchant Absorbed Fees and/or other fees set forth on SCHEDULE 13. Sturgis will pay the charges levied by the Payment Networks for processing Payments, including interchange fees,assessments,authorization fees,risk fees,transmission fees and similar fees("Transaction Fees")and for Chargeback Resolution Fees. If federal and/or state statutes or Payment Network Rule changes impact the ability to impose the Convenience Fees and/or Merchant Absorbed Fees, or if the Payment Network(s) notify either party of changes required to the Convenience Fees and/orMerchantAbsorbed Fees,the parties agree to amend the Convenience Fees and/orMerchant Absorbed Fees to comply with such statutes and rule changes. The Convenience Fees and/or Merchant Absorbed Fees are calculated based on the assumptions that the totalnumber of payments and the total payment a mount collected each month from the use of non-consumer credi and debit cards shall be under 5%of the respective total per month and that the combined cost of Third Party Fees is less than 60%of the Convenience Fees and/orMerchant Absorbed Fees charged by Sturgis fora given transaction type(e.g.,tax payment)and/orpayment method(e.g., Visa credit)(collectively, the"Fee Assumptions"). Sturgis may amend SCHEDULE B,upon prior written notice to Merchant,if a Fee Assumption is not accurate or if such change is required due to changes in the Rules."Payment Network"meansa group of credit/debit card issuer banks,debit networks and other method providers,including,without limitation,PayPal Commerce, Visa U.S.A., Inc.,MasterCard International,Inc.,American Express,Discover,and the NYCE,Pulse,Star,and Interlink debit networks. "Rules"are the bylaws,rules,and regulations,as they exist from time to time,of the Payment Networks."Third Party Fees"means all taxes imposed by any governmental entity and Transaction Fees. 1.7. Reporting. Sturgis will provide its standard daily and/or monthly transaction reports;provided,however,that Sturgis may provide custom transaction reports to Merchant for an addition 1 monthly fee upon Merchant's request. 1.8. Routing;Transaction Processing. Sturgis may,in its sole discretion,to priority route Payments,route debit card Payments through a PlNless debit network and/orprocess Convenience Fees as a single transaction(Convenience Fee plus Payment)or as separate transactions. 2. GENERAL. 2.1. Payment Network Rules. Merchant agrees to comply with all PaymentNetwork Rules as maybe applicable to the Merchant and in effect from time to time as published by any Payment Network,including,but not limited to,the rules published on Visa U.S.A's website and on MasterCard International's website.If applicable,Merchant will provide Sturgis with a copy of its annual PCi Attestation Payment,Processing Agreement:Sturgis Web S'err'icet&Brazos County Tar AsscssorCollector I Paget of 17 of Compliance(AOC)and/or PCI Self-Assessment Questionnaire(SAQ) (as applicable based on PCI DSS qualifications)annually.if Merchant chooses to accept American Express,then Merchant agrees to the terms and conditions set forth on SCHEDULE E and agrees to comply with the American Express Merchant Operating Guide requirements,which are incorporated into this Agreement by reference as if they were fully set forth in the Agreement,and to take all actions requested by Sturgis to allow Sturgis to comply with the American Express Merchant Operating Guide requirements.if Merchant chooses to accept Amex Move,then Merchant agrees to comply with the Amex Move®Sponsored Merchant Terms And Conditions,which are incorporated into this Agreement by reference as if they were fully set forth in the Agreement,and to take all actions requested by Sturgis to allow Sturgis to comply with the Amex Move®Sponsored Merchant Terms And Conditions. The American Express Merchant Operating Guide and Amex Move®Sponsored Merchant Terms and Conditions may be viewed at the URLs set forth on SCHEDULE E. If Merchant chooses to accept PayPal,then Merchant and agrees to the term and conditions set forth on SCHEDULE F. 2.2. exclusivity. Merchant will not accept credit card or other Electronic Payments through a similar E-Payment System for Payments fmm Customers for the services listed on SCHEDULE A hereto other than through Sturgis without the prior written consent of Sturgis. 2.3. Compliance with Law. Each party will comply,at such party's own expense,with all laws,policies, guidelines, regulations, ordinances,orders,and rules of all governmental authorities and/or regulatory bodies having jurisdiction over such party and/or the subject matter of this Agreement, including, without limitation,the rules promulgated by the Credit Card Payment Networks,the Payment Card industry(PCI)Data Security Standard,Visa Cardholder Information Security Program(LISP),the MasterCard Site Data Protection Program(SDP),and the Federal Trade Commission. 2.4. Nondisclosure. Each party agrees to keep confidential and to use only forpurposes of performing under this Agreement,any proprietary or confidential information of the other party disclosed pursuant to this Agreement which is appropriately marked as confidentialor which could reasonably be considered of a proprietary or confndentialnature("Confidential Information"),and,except as otherwise permitted by this Agreement,the temis of this Agreement and all negotiations relating thereto(but not the existence of this • Agreement generally).The obligation of confidentiality does not apply to information which is required by law to be disclosed(including public right-to-know laws),which is publicly available through authorized disclosure,is known by the receiving party at the time of disclosure, or is rightfully obtained from a third party that has the right to disclose it. All Confidential Information will remain the property of the disclosing party. 2.5. J'rivacv and Security. Merchant is solely responsible forthe security of data residing on servers owned or operated by Merchant and all third parties(other than Sturgis)designated by Merchant(e.g.,a Web hosting Merchant,processor and other service providers), and for data transmitted to Sturgis. Merchant will not use,disclose, sell, and/or disseminate any cardholder information obtained is connection with a Payment(including the names,addresses and card account numbers of cardholders)except for purposes of authorizing completing,and settling a Payment and resolving any Chargebacks,retrieval requests,or similar issues involving a Payment,other than pursuant to a court or governmental agency request,subpoena,or order. Merchant will use proper controls for and limit access to,and render unreadable prior to discarding,all records containing card account numbers and card imprints. Merchant agrees that it will comply with all Sturgis security protocols and security advisories in effect during the Term. Merchant is responsible for verifying the accuracy and completeness of all Payments submitted and processed by Sturgis associated with Merchant's account and verifying that all corresponding funds are accurately processed. 2.6. System Brea ch. Merchant warrants that Merchant has taken such precautions as are necessary to ensure that Merchant server and electronic systems are secure from breach or intrusion by unauthorized third parties. In the event that Merchant system is breached, or is suspected of having been breached,and an unauthorized third party has access to or has accessed end-user data or Payment data, Merchant will notify Sturgis promptly of such breach and will take such precautions as may be necessary to prevent such breaches floor occurring in the future. 2.7. Specific Prohibitions. Notwithstanding anything contrary in this Agreement, Merchant will not: (a)rent, lease,assign, sublicense,transfer,distribute,allow access to,and/or time share the E-Payment System to or with any third party;(b)disassemble, decompile,decrypt,extract,reverse engineer and/ormodify the E-Payment System,or otherwise apply any procedure or process to the E-Payment System in order to ascertain,derive,and/or appropriate for any reason or purpose the source code or source listings for the E-Payment System or any algorithm, process,procedure,or other information contained in the E-Payment System; (c) distribute, facilitate,enable or allow access or linking to the E-Payment System in any manner deemed by Sturgis in its sole and absolute discretion to be objectionable orharmful to the business and/orreputation of Sturgis and/orforany unlawful,illegal,pornographic,and/or injurious purpose;(d)make any use of the E-Payment System that impairs the functionality of the E-Payment System;(e)make use of the E- Payment System in any way,other than in accordance with this Agreement or as otherwise instructed by Sturgis in writing; (f)use the E-Payment System,either directly or indirectly, to develop any product or service that competes with the products and/or services provided by Sturgis; (g) make any copies of the E-Payment System;(h)circumvent or attempt to circumvent any applicable security measures of the E-Payment System;(i) attempt to access or actually access portions of any Sturgis systems and/or software not authorized for Merchant's use;and/or(j)use the E-Payment System in any manner,or in furtherance of any activity that may cause Sturgis to be subject to investigation,prosecution,and/or legal action. Payment Processing.4greetnent'Shrreis Web Services&•Lira:osCounty Tax.4.c.ccs.sor Collector I Page 3of 17 2.8. Intellectual Property. Sturgis represents that it owns, licenses or has the right to use and will retain during the Term all proprietary rights in and to the E-Payment System and related materials that Sturgis may use in connection with implementation and operation of the E-Payment System. Merchant acknowledges that,as between Merchant and Sturgis,Sturgis owns,licenses and/orhas the right to use,all right,title and interest,including without limitation any and allrights existing under patent law,copyright law,moral rights law, trade secret law,trademark law,unfair competition law,publicity rights law,privacy rights law,and any and all other proprietary rights in and to all of the intellectual property developed,owned,used and/or licensed by Sturgis in connection with its performance under this Agreement,including the E-Payment System(the"Sturgis IF')and that Merchant will not acquire any right, title,or interest in or to the Sturgis IP,including the E-Payment System.There are no implied licenses granted under this Agreement, and any rights not expressly granted to Merchant hereunder are reserved by Sturgis.Merchant will not take any action inconsistent with Sturgis's property rights in and to the E-Payment System,and/or any other intellectual property right of Sturgis. 2.9. Terminals. Merchant acknowledges and agrees that Sturgis may provide Merchant point of sale terminals solely for the purpose of permitting Customers to initiate Payments via the E-Payment System. Upon receipt,this hardware becomes the sole and exclusive property of the Merchant.Sturgis will facilitate processing of any warranty claims on the provided devices during the manufacturers' warranty period.Following the expiration of the manufacturers'warranty,Sturgis will subsidize the replacement of any defective or damaged device according to the following schedule: Renlacementoeriod:Sturgis will pay the following proportions of thereplacement cost: 1st year following warranty expiration:25% 2"a year following warranty expiration:50% 3td year following warranty expiration:75% 4th year following warranty expiration and beyond:100% 3. DISCLAIMER OF WARRANTIES. 3.1. AVAILABILITY. STURGIS MAKES NO WARRANTIES REGARDING THE QUALITY, RELIABILITY,TIMELINESS OR SECURITY OF THE WORLD WIDE WEB OR TELEPHONE LINES,THE iNTERNET AND OTHER GLOBALLY LINKED COMPUTER NETWORKS, OR THE WEBSiTES ESTABLISHED THEREON INCLUDING THE E-PAYMENT SYSTEM,WILL BE UNINTERRUPTED OR ERROR FREE AND STURGIS WILL IN NO WAY BE LIABLE TO MERCHANT OR CUSTOMER DUE TO ANY DISRUPTION OF STURGIS'S E-PAYMENT SYSTEM OR NON-AVAILABILITY OF THEE-PAYMENT SYSTEM DURING WHICH CUSTOMERS ARE UNABLE TO ACCESS OR USE THE E-PAYMENT SYSTEM DUE TO A CONFIRMED PROBLEM THEREIN. 3.2. THIRD PARTY PRODUCTS. MERCHANT UNDERSTANDS AND AGREES THAT STURGIS MAY USE THIRD PARTY PRODUCTS iN CONNECTION WITH THE E-PAYMENT SYSTEM OFFERED HEREUNDER. THESE PRODUCTS MAY INCLUDE FIREWALL SECURITY, WEB SERVER SOFTWARE AND ENCRYPTION SOFTWARE. STURGIS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE OF SUCH THIRD-PARTY SOFTWARE, SPECIFICALLY INCLUDING ANY WARRANTY THAT PERFORMANCE WILL BE UNINTERRUPTED OR ERROR-FREE. 3.3. NO IMPLIED WARRANTIES. EXCEPT FOR ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, NEITHER STURGIS NOR ANY THIRD PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE E-PAYMENT SYSTEM OR SERVICES PROVIDED HEREUNDER AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT, TO THE MAXIMUM EXTENT POSSIBLE BY LAW. 4. NO CONSEQUENTIAL DAMAGES. 4.1. IN NO EVENT WILL A PARTY BE LIABLE TO THE OTHER PARTY, OR TO ANY THIRD PARTY, FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF THE PARTY THAT WOULD OTHERWISE HAVE BEEN LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. LIMITATION OF LIABILITY 5.1. IN NO EVENT WILL STURGIS'S LIABILITY EXCEED THE CONVENIENCE FEES PAID TO STURGIS UNDER THIS AGREEMENT DURING THE 12 MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM REGARDLESS OF THE FORM OF THE CLAIM(INCLUDING, WITHOUT LIMITATION,ANY CONTRACT, PRODUCT LIABILITY,OR TORT CLAIM). 6. INDEMNIFICATION. ti 6.1. STURGIS SHALL HOLD HARMLESS, INDEMNIFY, AND DEFEND MERCHANT, AND ALL OF ITS OFFICERS, EMPLOYEES, AND/OR OFFICIALS FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, LOSSES, DAMAGES, OR OTHER COSTS OF WHATSOEVER NATURE THAT MAY BE ASSERTED BY ANY THIRD PARTY ARISING FROM OR IN CONNECTION WITH THE COLLECTION OF PAYMENTS BY CREDIT OR DEBIT CARD OR THROUGH INTERNET TRANSACTIONS PURSUANT TO THE TERMS OF THIS AGREEMENT. Payment Processing Agreement:Sturgis Weh Services cC Brazos County Tax A.rsessorCollector I Paged of 17 r d — Docusign tnveiope iu:oyao uo ---. ..-- - -- 7. TERM AND TERMINATION. 7.1. Term. Subject to Section 7.2,this Agreement will commence upon the Effective Date and will continue for three(3)years,at which point in time the Agreement will automatically renew for successive one(1)year periods unless either party,at least sixty(60) days prior to the expiration of the then applicable term,provides the other with written notice of its desire to terminate this Agreement. 72. Termination for Cause.Either party may terminate this Agreement at any time upon written notice to theotherpatty as a result of any of the following events: (i)any noncompliance with this Agreement which is not cured within thirty(30)days of notice thereof from the other party(except that no cure period is allowed for termination based on fraud);and/or(ii) any voluntary or involuntary bankruptcy or insolvency proceeding involving the otherparty. 7.3. );ffectofTermination. Termination of this Agreement will not relieve either party of any obligation to pay the otherparty any amounts due and owing to the other party prior to such termination,including,without limitation any amounts owing in respect of Disputed Amounts. 7.4. Survival. Sections 2 through 6 and 8 will survive any termination or expiration of this Agreement. 8. MISCELLANEOUS. 8.1. Promotion of Services. Merchant will promote the use by Customers of the E-Payment System by,including,but not limited to,publishing relevant URL(s) and telephone numbers for the E-Payment System on the Merchant's home page,billing notices and promotional materials and distributing point of sale materials. All published materials referencing Sturgis or the E-Payment System will be approved for accuracy by Sturgis prior to publishing. 82. Governing Law:Waiver of Jury Trial. This Agreement will be governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law provisions. Any action,proceeding,litigation,or mediation relating to or arising from this Agreement must be brought exclusively in Brazos County, Bryan,Texas. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHTS EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN i l RESPECT OF ANY LITIGATION BASED ON,ARISING OUT OF,OR IN CONNECTION WITH THIS AGREEMENT. 8.3. Binding Unon Successors and Permitted Assigns. This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.Neither this Agreement nor any right,license, privilege or obligation provided herein may be assigned or transferred by a party without the otherparty's prior written consent,which consent will not be unreasonably withheld,and any attempted assignment ortransferwithout such consent is void;provided,however,that each party may,without the consent of the other pa rty,a ssign this Agreement(and its rights hereunder)in connection with any reorganization,consolidation,merger,sale of stock, sale of substantially all assets and/or similar type of transaction(s),if the successor in interest to such assigning party assumes the obligations of the assigning party under this Agreement in writing, is properly licensed to conduct the business contemplated hereunder, and otherwise agrees to be bound by all of the terms of this Agreement. 8.4. Relationship of Parties. The relationship of Sturgis to Merchant underthis Agreement will be that of an independentcontractor and nothing contained in this Agreement will create or imply an agency relationship between Merchant and Sturgis,nor will this Agreement be deemed to constitute a joint venture or partnership between Merchant and Sturgis. 8.5. Notices. All notices required or permitted under the Agreement will be in writing and sent to the other party at the addre5s specified on the signature page below or to such other address as either party may substitute from time to time by written notice to the other and will be deemed validly given upon receipt of such notice given by mail(postage prepaid),electronic mail,or personal or courier delivery to such address. 8.6. Captions and Headings. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. 8.7. Waiver. No term or condition of this Agreement may be waived except pursuant to a written waiver executed by the party against whom such waiver is sought to be enforced. • 8.8. Severability. If any provision of this Agreement,or the application thereof,is found invalid or unenforceable,that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement will remain in full force. 8.9. Publicity. The parties agree that they will not use the otherparty's name,trademark or service mark,or the existence of the contractual relationship in any press release,marketing,promotional,advertising,or any other materials without the other party's prior written consent. 8.10. Amendment and Changes.This Agreement or any provision hereof may not be changed,amended,supplemented,discharged, terminated,or otherwise altered except by a statement in writing signed by the party against whom enforcement of same is sought. 8.11. Force Maieure. Neither party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications,utility,or power failures,equipment failures,labor strife,riots,war,nonperformance ofourvendors or suppliers, Pai menr Processing Agreement:Sturgis Ii'cb Services d lira=or Cuuetq"Tax Assessor Collector ( Page 5 of 17 acts of God,or othercauses over which the respective patty has no reasonable control,except that nothing in this Section 8.11 will affect or excuse a parry's liabilities and obligations for Disputed Amounts. 8.12. Pntire Agreement. This Agreement,including the Schedules,contains the entire understanding and agreement between the parties with respect to its subject matter,superseding all prior or contemporaneous representations,understandings,and anyotheroral or written agreements between the parties with respect to such subject matter. 8.13. Facsimile Signature and Counterparts.This Agreement may be executed by exchange of signature pages by facsimile,e-mail and in any number of counterparts,each of which will be an original as against any party whose signature appears thereon and all of which together will constitute one and the same instrument. !Signatures on Following Page] Payment Processing.4greeineait.•Sturgis Web Services&Brazos County Tax Assessor Collector I Page 6 of 17 Doousign tnvelope ur:oyaywa-�r���� -��•- --••- IN WITNESS WHEREOF,the Parties have executed this Agreement by their duly authorized representatives as of the date first above written. Brazos County Tax Assessor ollector: Signed: Name: ry-1)l,1- tR tv a '-S Title: Date: / /-1� Sturgis Web Services: DocuSlgned'byy�: Signed• , - C/�N ti Name:Adam W uetu rynnsn._ iti ue Title: General Manager Date: 6/2/2021 . (Signature Page to this Payment Processing Service Agreement( Payment Pr•ocessing.4greement:Sturgis Itch Services&Brazos County.Tax Assessor Collector Page 7of!7 uocuNgn tnveiope --- SCHEDULE A :SCOPE OF SERVICES STRATEGY After the contractingproceSS has ended,Sturgis will build and the maintain paymentchannel(s),as defmed below,to allow Merchant to securely accept,validate,and track payment data from its Customers.An initial test site will be built to load all data received from Merchant and True Automation.On this test site,Sturgis will build logic and business rules to govern the hosted data.Once the web services have been properly built, tested,and reviewed,Sturgis will establish Merchant Identification credentials.Web services and Merchant Identification credentials will be applied and integrated into the hosted site and data backed payments will be tested.Once the payments are tested,Sturgis will initiate training for all Merchant personnel,done remotely.Upon successful training,the hosted website will be moved into a production environment and undergo a subsequent round of testing. After testing and validation of the data, Merchant will direct Sturgis to launch the site. The date of System launch("Go-Live")will be targeted during an implementation kickoff callwith all relevant stakeholders. The successful completion of this Scope of Work is dependent on Merchant reviewing test content,data,and functionality in a timely manner,and providing an appropriate level of operationaland strategic engagement to participate in training,deploy the solution into production environments,and follow through with the responsibilities listed below. SCOPE For good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the parties agree as follows: 1. Merchant will make resources available to assist Sturgis in the tmrely launch of the payment processing program.Sturgis cannot be held accountable for unreasonable Merchant delays and may choose to delay the implementation should Merchant not be abb to provide appropriate resources.If system does not launch within twelve(12)months of signature date due to Merchant delays,the full implementation fee will become due. Otherwise there is not cost for the implementation or services provided unless specified herein. Payments are deposited daily into a custodial account and transferred by ACH electronic transferto Merchant daily.The payment will be accompanied by a reconciliation detailing the payments included.Any money transfer fees will be absorbed by Sturgis. 2. E-Payment System Utilization 2.1. Merchant will make Sturgis's Services available to its Customers through various means of communication,including a) through billing statements,invoices and other payment notices;b)by providing 1VR and Web payment details on the Merchant's website including a"Pay Now"or similar link on a mutually agreed prominent place on the web site;c)through the Merchant's general IVR/Phone system and d)other channels deemed appropriate by the Merchant. 2.2. Sturgis shall provide the Merchant with logos,graphics,and other marketing materials for use in its communication with its Customers regarding the payment services provided by Sturgis.Both parties agree that Sturgis will be presented as the primary payment method option.Merchant will communicate the Sturgis payment Service option to its Customers wherever the Merchant generally communicates its other payment methods. 2.3. Payments types shall be processed through the payment channels defined in this Agreement as marked(0): C3 Tax ❑ Utilities ❑ Court Fees&Fines ❑ Licenses ❑ Parks&Recreation ❑ Child Support ❑ Miscellaneous 3. Sturgis Deliverables:Sturgis shall deliver the following, included as marked(®): 3.1. ® Web E-Payment System 3.1.1. Sturgis shall host and maintain Merchant-specific wcbsite for Brazos County Tax Assessor Collector.Sturgis will purchase a URL,brazostax.org. 3.12. Sturgis will provide a secure website that will allow payers to enter their pertinent information,e.g.,citizen name or other unique identifier,and then proceed to pay with a credit or debit card. Pgrmenr Processing Agreement:Sturgis If'el)Services&Bracers County Tar.4ssessor Collector I Page S of 17 Docusign tnveiope iu: _ 3.1.3. System will collect and transmit payment information forauthorization and settlement. 3.1.4. System will provide method of transferring transaction data back to Merchant. 3.1.5. The payer will be simultaneously advised via automated email that the transaction has been completed and will receive further notification when the Merchant processes the payment. 3.2. 0 Counter E-Payment System 3.2.1. Sturgis shall deliver and configure_EMV device(s). 3.2.2. Sturgis shall deliver an administia tor portal for counterpayments. 3.2.3. Sturgis shall remotely upgrade EMV devices as appropriate. 3.2.4. Sturgis shall provide one(1)remote,web-based training session covering setup and use of EMV devices. 3.3. 0 Phone/Call Center E-Payment System 3.3.1. Sturgis shall provide a toll-free telephonic customer service function to ensure that Customers utilizing the Program have a satisfactory experience that does not requ he the technological assistance of Merchant personneL 3.4. 0 IVR-E-Payment System 3.4.1. IVR solution shall be hosted and maintained by Sturgis. 3.4.2. Sturgis shall configure call scripts. 3.4.3. iVR functionality shall only include search/retrieval and payment processing of Case payments in full. 3.5. ® Text and Email Payment System 3.5.1. Sturgis will deliver functionality to allow Customers to setup text(SMS) and/or email payment and notification preferences through their E-Payment System profile. Customers will be required to (i) have a valid payment method stored within their profile and(ii)verify their cell phone number prior to completing registration. 3.6. ® eCheck/ACH E-Payment System 3.6.1. Sturgis will configure web E-Payment System to accept eCheck/ACH Payments. 3.7. :4 Integrations 3.7.1. Sturgis will create/maintain an integration with record management or other system.System integration Statement of Work is in SCHEDULE C,attached hereto. 3.8. E-Payment System Training 3.8.1. Sturgis will provide support and training to Merchant personnel via live,web-based session(s). A training schedule will be shared during implementation. 4. Merchant's Responsibilities:In order for Sturgis to provide the Services outlined in this Agreement,the Merchant shall deliver the following,included as marked(13): 4.1. 13 General 4.1.1. Provide ACH forms required for the remittance of funds. 4.1.2. Attend client care calls as requested. 4.1.3. Notify Sturgis of changes to any state,county,or municipal mandates or laws. 4.1.4. Revoke system access of termina ted Merchant employees at time oftennination. 4.2. ID Web E-Payment System 4.2.1. For the duration of this Agreement,Merchant will maintain an active link connecting the Merchant website and the Sturgis payment portal in a prominent and mutually agreed location on the Merchant website. 4.3. ❑ Counter E-Pa yment System 4.3.1. Merchant will keep all point of sale terminals in good order and repair except for normal wear and tear in the ordinary course of business. Payment Processing Agreement:Sturgis Web Services&Bra_osCotmm TaxAsses:sorColleetor I Page 4 of 17 Docusign tnveiope,v:ooaawa r ___. ..__ -- 1 4.4. 0 Phone E-Payment System 4.4.1. The phone number for the payment IVR(if applicable)and Sturgis Call Center(if applicable)will also be added to the website. 4.4.2. The Merchant will add the IVR Payment option(if applicable)as part of the Merchant general phone system. 4.5. IS/ Integrations 4.5.1. The Merchant,via their record management system,True Automation,will update Sturgis's payment program on a near real-time basis,with data on all open and payable records from the Merchant's server.Upon exchange of the data,the information may be accessed,and payment made by the Customer.Record management system integration Statement of Work is in SCHEDULE C,attached hereto. 5. Scope changes—Each time that Sturgis and Merchant agree that the Activities or Deliverables of the E-Payment System Scope of Services should be amended oradditionalActivities or Deliverables should be added to the Scope of Services,the change process outlined in SCHEDULE D shall be used to document and amend this agreement.Sturgis and Merchant shall not vary from the Activities and Deliverables set out in the original Scope of Services until the Parties have agreed to do so in writing. 6. Disclaimer Language—The disclaimer language that Customers will review and accept within the Web E-Payment System prior to submitting payment(s)is included in SCHEDULE G,attached hereto. 7. Ancillary Services—Pricing for ancillary software and/or service(s)will be included in SCHEDULE B.Service descriptions for the software and/or service(s)will be included in associa ted Addendums,as referenced in SCHEDULE B. II Payment Processing Agreement:Sturgis Irch Services&Bra=os County Tax Assessor Collector I Page 10 of 17 SCHEDULE B :FEES 1. The expected processing volume in the Program is estimated at$2,916,666 per month. 2. E-Payment System In consideration for the provision of the development,hosting,application,customer service,and processing fees related to the E- Payment System,Customers will pay applicable fees ("Convenience Fees") and/or Merchant will be billed applicable fees ("Merchant Absorbed Fees")associated with payment transactions marked(0)as follows: 'Payment Channel ` Transaction Type Fee Structure Merchant Absorbed Online -4 Credit Cards (via web or mobile device) ® Visa ® Mastercard ® Discover o American Express For oeach transaction,the higher of: 2.2/o per transaction ❑ ms Debit Cards or ® Visa $1.95 minimum fee per transaction O. Mastercard IR Discover e PayPal/Venmo ®AMEX Moved ❑ :4 E-Check/ACH $1.50 per transaction ❑ ❑Counter 0 Credit Cards (in-office via PC1 compliant, 0 Visa EMV ready card readers) 0 Mastercard O Discover ❑ American Express 0 ❑Debit Cards ❑ Visa O Mastercard !� ❑ Discover ❑E-Check/ACH ❑ ❑Call Center ❑Credit Cards (via live,bilingual call ❑ Visa center agent) ❑ Mastercard ❑ Discover ❑ American Express 0 ❑Debit Cards ❑ Visa ❑ Mastercard ❑ Discover ❑E-Check/ACH 0 ❑IVR 0 Credit Cards (via automated phone 0 Visa system) 0 Mastercard ❑ Discover ❑ American Express ❑ ❑Debit Cards ❑ Visa ❑ Mastercard ❑ Discover ❑E-Check/ACH ❑ Paimrent Processing Agreement:Sturgis i1'eb Senices t Bra-osConan Tax Asses.rorColleclor Pagc ll of 17 uocusign tnveiope w.oaVawar wr,u-vr.- • 3. Implementation Services Only the services marked(®)will be implemented.Fees will be waived if Merchant implements E Payment System within twelve (12)months: Implementation Service Fee Recurrence Fee r5 E-Payment System Deployment& No Fee,Processor Migration Program Implementation ❑IVR Implementation One-time ❑Web Services or API Implementation One-time ❑File Integration One-time ❑Support&Training Per hour (_hour(s)) ❑Custom Programming Per hour (_hour(s)) ❑POS Terminals Per unit terminal(s)) 4. Ongoing Services • Payment processing and development services to be funded by Merchant,a s marked(®): Service Fee Recurrence Fee ❑Address Verification Per occurrence ❑Chargeback Processing Per occurrence ❑Statement Fee Per occurrence { 5. Ancillary Services This section is left intentionally blank. II 6. Billing Terms All pricing is contained in this SCHEDULE B and any Amendments or Addendums that may be executed by the Parties.The proposed pricing model may contain no transaction related or recurring costs for the Merchant and could result in Merchant incurring no charges during a billing cycle.Sturgis will send Merchant a monthly invoice for any charges incurred.The invoices will include detail for volumes and the numberof transactions processed. Merchant shall pay invoices within thirty(30)days of issue.Invoices not paid within this period shall be charged interest which compounds daily.The interest rate shall be the lower of 18%simple interest,or the highest amount allowable underapplicable law. This interest shall accrue from the issue date and shall continue until invoice is paid in full. Merchant is additionally liable fora ny applicable federal,state,orloca l Taxes(exclusive of income or gross receipts Taxes properly payable by Sturgis)and other fees or assessments incurred as a result of the use of the E-Payment System by Merchant. Payment Processing Agreement:Sturgis Web Services&Brazos County Tav Assessor Collector I Page 12 of 17 DocuSign Envelope ID:6999CD93 ibAv-4P.t accy-orwc +ry t SCHEDULE C :INTEGRATION SOW l • 1. Merchant will make True Automation("Software Vendor")aware of the requirement to integrate with the Sturgis E-Payment system and of the anticipated Go-Live date contemplated herein.Merchant will compel Software Vendor to assist in setting up direct data interface,including providing all file descriptions or API and/orFTP documentation. 2. if Sturgis is delivering a web service or APi service, Sturgis will need access and resources from the Merchant to ensure both systems from each company can interface and exchange data appropriately.Failure to grant Sturgis access or a Merchant resource to help support this step of the implementation process will result in delays to the Merchant's Go-Live date. 3. Sturgis Responsibilities 3.1. Sturgis shall deliver a web service or API service to integrate Merchant's True Automation system with the ePayment System as described in this Agreement.Failure to grant a Merchant resource to help support this step of the implementation process may result in delays to the Merchant's Go-Live date. 3.2. All payment transactions will update the Merchant's True Automation system on a predetermined cadence if write-back capabilities are available. 3.3. If there are designated payments which are ineligible for online payment,Merchant will be able to omit those records from being paid through the True Automation system. 3.4. Determine the data that is necessary for ea ch interfa ce function. 3"5. Create documentation forthe interface. 4. Merchant Responsibilities 4.1. Merchant will actively participate in accomplishing the Go-Live of the Program outlined in the agreed upon timeline. 4.2. Merchant shall provide access to a dedicated test and production environment for the implementation lifecycle. 4.3. Merchant will provide the file fonnat specification currently used to post its payments to the True Automation system. Merchant will fully cooperate with Sturgis and provide the information required to integrate with the Merchant's system. 4.4. Merchant to provide multiple copies of bills and/or receipts to Sturgis, if in project scope. 4.5. Merchant is responsible for determining and notifying Sturgis if a partial or full payment shall be allowed. This notification must take place prior to completion of the Design Document and the beta version of the Merchant site,and no later than thirty �! " (30)days after the Effective Date. 4.6. Merchant shall supply Sturgis with the following: 4.6.1. Business processes or rules that will govern the interface 4.62. Payment information 4.6.3. Any applicable test case scenarios • 4.6.4. Applicable collections logic 4.6.5. Applicable custom verbiage to be included by record type 5. Assumptions 5.1. Any modifications to the web service or API will be mutua lly executed via Change Order. I i Payment Processing Agreement:Sturgis Welt Servires A Bravos Counts.Tax Assessor Collector I Page 13 of 7 DocuSign tnverope iu: -- SCHEDULE D :CHANGE PROCESS The Change Control Process will follow the organizational standard change process described below for all changes requested by Merchant to the scope of this agreement. 1. Identify the need for a change—Merchant will complete and submit this change request form. 2. Evaluate the change—Sturgis will conduct a preliminary analysis,if necessary,on the impact of the change to risk,cost,schedule, and scope and seek clarification from team members and the change requestor. 3. Provide Analysis to Requestor—Sturgis will provide the analysis on the impact of the change to risk,cost,schedule,and scope to Merchant. 4. Cost Considerations— a. No Cost or Waived Costs—If there are no cost or waived cost,Sturgis will obtain approval from Merchant to proceed with changes that may ormay not require an amendment to this contract. b. Additional Cost-If there is an additional cost associated with the change or the cost is not waived,Sturgis will follow the appropriate procurement channels of Merchant's organization for approval which may include an amendment to this agreement 5. Implement change—If a change is approved by Merchant,Sturgis will schedule the changes with the Merchant and implementation team. Requestor Info Merchant Info Name: Client Name: Email: Product: Phone: Priority: Critical High Medium Low Change Description: Business Need or Technical justification for change request: { Impact if no change is made: Approvals and Pricing info i III Schedule Timeframes and Consideration: Cost Need Amendment: Yes No Fee waived: Yes No Merchant Approval: Sturgis Approval: Payment ProcessingAgrecnient:Sturgis it'ch Serriees&Bra:osCnunn,Tax Assess°,Collector Page 14of 17 SCHEDULE E :AMERICAN EXPRESS®ACCEPTANCE I. Processing Restrictions. Merchant is prohibited from processing Transactions or receiving payments on behalf of,or(unless required by law)re-directing payments to any other party. 2. Third Party Beneficiary Rights. a. Merchant confers on American Express the beneficiary rights, but not obligations,to the Agreement and,as such,American Express has the express right to enforce the terms of the Agreement against the Merchant. b. Merchant warrants that it does not hold third party beneficiary rights to any agreements between Sturgis and American Express and at no time will attempt to enforce any such agreements against American Express. 3. American Express Liability. MERCHANT ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL AMERICAN EXPRESS, ITS AFFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO MERCHANT FOR ANY DAMAGES, LOSSES, OR COSTS INCURRED, INCLUDING INCIDENTAL, INDIRECT, SPECULATIVE, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, FRAUD, OR OTHERWISE, OR STATUTES, REGULATIONS, OR ANY OTHER THEORY),ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT. The American Express Merchant Operating Guide may be viewed at:www.americanexpress.com/merchantoneiride The Amex Move®Sponsored Merchant Terms and Conditions may be viewed at: Jtttps://americanexpress.com/usllegal/product-terns/AMEX jtlove Sponsored Merchant/ { II Payment Processing Agreement:Sturgis Web Serfires&Bra:Ds County Tax Assessor Collector I Page 15of17 uocuaIgn envelope w. •- -- - SCHEDULE F :PAYPAL&VENMO ACCEPTANCE Merchant authorizes and directs Sturgis to:(a)establish a PayPal account for and on behalf of Merchant("Merchant's PayPal Account'}; (b)authorize and direct Pa yPal to deposit Payments from Customers to Merchant via PayPal ("PayPa lPayments")into the Merchant's PayPal Account;(c)authorize and direct PayPal to link Merchant's PayPal Account to Merchant's bank account described below ("Merchant's Bank Account"); (d) authorize and direct PayPal to regularly sweep funds from the Merchant's PayPal Account to Merchant's Bank Account;and(e)administer and manage the Merchant's PayPal Account,including receipt of any PayPal notices in connection with each account. Sturgis believes that,pursuant to its contract with PayPal as outlined above,Sturgis does not receive, transfer and/or transmit funds. Rather,funds flow from Customers to PayPal,and then from PayPal to Merchant. If,however, any governmental entity asserts that Sturgis does receive,transfer and/or transmit funds,then:Merchant(y)hereby appoints Sturgis as its lawful agent to receive and process PayPal Payments;and(z)acknowledges and agrees that,with respect to the payor,payment to Sturgis constitutes delivery of such payment to Merchant;and,as such,Merchant will not hold the Customer responsible for Sturgis's failure to deliver payment,but ratherMerchant will seek redress only from Sturgis. Merchant Bank Account Information: Name of Bank: ABA No.: Account No.: Account Name: Reference: Payment Processing Agreement:Simgis Web Services&Bra:ns County Tay Assessor Collector I Page 161107 SCHEDULE G :WEBSITE DISCLAIA'IER LANGUAGE As stated in,SCHEDULE A,Section 6("Disclaimer Language"),the following statement will be reviewed and accepted by Customer within the Web E-Payment System prior to payment submission: This secure service is offered by Sturgis Web Services in agreement with yourpayment entity.All payments are processed immediately, and the payment date and time are equal to the time you complete this transaction and receive a confirmation number.If your payment is unable to be processed,your payment liability will remain outstanding and you will be subject to any applicable penalties or interest. These obligations remain your sole responsibility. Sturgis Web Services cannot issue refunds once your payment is processed and you receive a confirmation number. Please make sure you enter and review all information carefully for accuracy prior to completing your transaction.By selecting the Accept Terms button on this page you are agreeing to these Terms and Conditions. II . Payment Processing Agreement:Sturgis N'eh Sei v wc.s&Brazos County Tax Asse..sor Collector I Page 17 of 17 Docusign Envelope ID:fuel zzu(-us(i-4cw4-Huco-irHcli IwA but Catalis No.:006Ph00000AMMIhIAH 3025 Windward Plaza,Suite 200 =• :, Alpharetta,GA 30005 Date:Aug. 13, 2024 AMENDMENT No. 2 to MERCHANT SERVICES AGREEMENT 21-123R CUSTOMER INFORMATION Customer: Brazos County Address: 4151 County Park Court Contact Name: Summer D. Dubec Bryan,TX 77802 Email Address: sdubec@brazoscountytx.gov Phone: (979)361-4290 Catalis Representative: Mike Losey; mike.losey@catalisgov.com This Amendment No. 2(this"Amendment")to the MERCHANT SERVICES AGREEMENT 21-123R, dated June 2, 2021 (herein referred to as the "Agreement") by and between Catalis Payments, LLC and Brazos County is entered unto as of the Effective Date below.The parties herby agree to amend the Agreement as follows: 1. Customer requests to add Payment Processing Services for the following departments. Description of Services,Terms and Conditions, and Pricing are detailed in Attachment A. a. Brazos Center b. Collections c. District Clerk d. Exposition Center e. Justice of the Peace Pct 1 f. Justice of the Peace Pct 2 g. Justice of the Peace Pct 3 h. Justice of the Peace Pct4 i. County Attorney j. Health District k. Juvenile I. Records m. County Clerk n. Risk Management o. Road & Bridge p. Treasurer's Office 2. Pricing for the Tax Office will be updated to match the pricing included in Attachment A. 3. Catalis shall implement Catalis Performance Center according to the scope of work included in Attachment A. 4. The Agreement will be extended for an additional three(3)years, beginning on the Effective Date.At the end of this term extension,the Agreement shall automatically renew for subsequent one(1)year periods. 5. Whereas the Agreement contains outdated language regarding Associations and Network Rules, Section 2 of the Agreement shall be replaced with the[General] Section within Catalis' updated Payment Processing Terms and Conditions, located at: https://catalisgov.com/payment-processing-terms-and-conditions/ 6. All other Terms &Conditions set forth in the Agreement remain in effect. Catalis(AM-0241) Page 1 1 Docusign Envelope ID:70C122D7-93/-46u4-Huth-SrHtl.I uaH I u i Catalis t. 3025 Windward Plaza,Suite 200 No.:006Ph00000AMMIhIAH Alpharetta,GA 30005 Date:Aug.13,2024 ACCEPTANCE By signing below,signatories represent that they are validly authorized to enter into this Amendment and accept their terms and conditions.The Amendment is dated effective and shall be considered binding upon execution("Effective Date")by and between both parties. BRAZOS COUNTY: - CATALIS PAYMENTS, LLC: Signed by: B C** *D‘ �s Igo/5aBY� y' Gcatt ruacnasaaztuaet... Name: ()WA it Fl t Name: Scott Roza Title: iJo AZLDGe Title: CEO Date: S t art I C 4 Date: 8/19/2024 • • • Catalis(AM-0241) Pagel 2 Uocusign tnveiope W: tutAzzU/-ao/ w"ty/ Catalis No.:006Ph00000AMMIhIAH 6. 3025 Windward Plaza,Suite 200 ' ., Alpharetta,GA 30005 Date:Aug.13,2024 ATTACHMENT A Payment Processing Services PRICING • 1. Payment Processing Fees 1.1. E-Payment System In consideration for the provision of the development, hosting, application, customer service, and processing fees related to the E-Payment System, Customers will pay applicable fees("Convenience Fees") and/or Merchant will be billed applicable fees("Merchant Absorbed Fees")associated with payment transactions marked (ll) as follows: ':Payment Channel Transaction Type - Fee-Structure* 'Merchant bs A orbed Online El Credit Cards (via web or mobile N Visa device) ►_ Mastercard For each transaction,the higher of: N Discover 1.99%plus$0.25 N American Express per transaction N Debit Cards : or El Visa $1.75 minimum fee • N Mastercard per transaction N Discover • • PayPal/PayPal Credit/Venmo , N E-Check/ACH $0.50 per transaction ❑ El Counter El Credit Cards (in-office via PCI N Visa compliant, EMV ® Mastercard For each transaction,the higher of: ready card readers) ElDiscover 1.99%plus$0.25 N American Express per transaction ❑ or Debit Cards $1.75 minimum fee N Visa per transaction • Mastercard El Discover • ® IVR ® Credit Cards (via automated El Visa phone system) El Mastercard For each transaction,the higher of: El Discover 1.99%plus$0.25 per transaction N American Express or ❑ N Debit Cards • $1.75 minimum fee N Visa per transaction N Mastercard N Discover E-Check/ACH $0.50 per transaction ❑ *Fee structure includes indemnified transaction processing for court payment credit and debit transactions. Catalis(AM-0241) Page 13 uocusrgn cnveiope IU: I LA.,I ccv I-Uoi MLA/Iv.," Catalis No.:006Ph00000AMMIhIAH F, 3025 Windward Plaza,Suite 200 ?.:- Alpharetta,GA 30005 Date:Aug.13,2024 • 1.2. E-Payment Implementation Services Only the services marked (IR)will be implemented. Fees will be waived if Merchant implements E- Payment System within six(6) months: ImplementationService ; ,. ' Fee Recurrence.. Fee'. ® E-Payment System Deployment&Program Implementation One-time ` $50,000.00 Waived IVR Implementation One-time $9-0,000.00 Waived ® Web Services or API Implementation(Odyssey) One-time $'5,000:00 Waived ® Web Services or API Implementation(JustFOIA) One-time S-457000.00 Waived ® Web Services or API Implementation(Ungerbock) One-time $A-57000:00 Waived I I File Integration One-time $-9-0,000:00 Waived ® Support&Training Per hour $ -50:00 Waived (up to 2 hours per department) • l POS Terminals Per unit . $3-50.00 Waived (57 terminal(s)) 2. Notes • Future Professional Services, customizations, modifications, or integrations can be provided at a current year hourly services rate.Any additional work requested will require a Professional Services Work Order. • Pricing and/or terms are subject to change if not signed within sixty(60)days of the Amendment date. • The Pricing listed above is estimated based on the information available to Catalis at the time of the making of this Amendment.Any changes shall be memorialized with a written Order,without regard to whether the change affects costs, and shall be approved in writing by Catalis and the Customer. PAYMENT PROCESSING SCOPE OF WORK Strategy Catalis (hereafter in this Payment Processing Scope of Work the "Provider") will build and maintain payment channel(s), as defined below, to allow Brazos County (hereafter in this Payment Processing Scope of Work the "Merchant")to securely accept,validate,and track payment data from its Customers.Where the Web E-Payment System is in scope, an initial test site will be built to load all data received from Merchant and integrations with Merchant's Odyssey, JustFOIA, and Momentus systems. On this test site, Provider will build logic and business rules to govern the hosted data. If integrated, once the web services have been properly built, tested, and reviewed, Provider will establish Merchant Identification credentials. Web services and Merchant Identification credentials will be applied and integrated into the hosted site and data backed payments will be tested. Once the payments are tested, Provider will initiate training for all Merchant personnel, done remotely. Upon successful training,the hosted website will be moved into a production environment and undergo a subsequent round of testing. After testing and validation of the data, Merchant will direct Provider to launch the site. The successful completion of this Statement of Work is dependent on Merchant reviewing test content, data, and functionality in a timely manner, and providing an appropriate level of operational and strategic engagement to participate in training, deploy the solution into production environments, and follow through with the responsibilities listed below. Catalis(AM-0241) Page 14 uocusign Cnvelope ILJ: /Ul.-Izzut-uat I-9+ou4-rww-orr,CV IL.on �, Catalis 3025 Windward Plaza,Suite 200 No.:006Ph00000AMMIhIAH ,'. Alpharetta,GA 30005 Date:Aug.13,2024 Scope For good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the parties agree as follows: 1. Merchant will make resources available to assist Provider in the timely launch of the payment processing program. The provider cannot be held accountable for unreasonable Merchant delays and may choose to delay the implementation should Merchant not be able to provide appropriate resources. If the system does not launch within six(6) months of signature date due to Merchant delays,the full implementation fee will become due. Otherwise,there is no cost for the implementation or services provided unless specified. 2. Payments are deposited daily into a custodial account and transferred by ACH electronic transfer to Merchant daily.The payment will be accompanied by a reconciliation detailing the payments included.Any money transfer fees will be absorbed by Provider. 3. E-Payment System Utilization 3.1. Merchant will make Provider's Services available to its Customers through various means of communication, including a) through billing statements, invoices and other payment notices; b) by providing IVR and Web payment details on the Merchant's website including a"Pay Now"or similar link on a mutually agreed prominent place on the web site; c)through the Merchant's general IVR/Phone system and d)other channels deemed appropriate by the Merchant. 3.2. Provider shall provide the Merchant with logos, graphics, and other marketing materials for use in its communication with its Customers regarding the payment services provided by Provider. Both parties agree that Provider will be presented as the primary payment method option. Merchant will communicate the Provider payment Service option to its Customers wherever the.Merchant generally communicates its other payment methods. 3.3. Payments types shall be processed through the payment channels defined in this SOW as marked(f l): Court Fees& Fines ® Miscellaneous 4. Provider Deliverables: Provider shall deliver the following, included as marked(0): 4.1. ® Web E-Payment System 4.1.1. Provider shall build, host, and maintain Merchant-specific website(s) for Merchant (if applicable).The provider will purchase a URL and provide it once available. 4.1.2. Provider will provide a secure website that will allow payers to enter their pertinent information, e.g., citizen name or other unique identifier, and then proceed to pay with a credit or debit card. 4.1.3. System will collect and transmit payment information for authorization and settlement. 4.1.4. System will provide method of transferring transaction data back to Merchant. 4.1.5. For non-integrated systems, upon notification of an over- or under-payment of any fine amount, Provider will refund an overpayment or notify the Customer via automated email of their under-payment and the remaining amount due. 4.1.6. The payer will be simultaneously advised via automated email that the transaction has been completed and will receive further notification when the Merchant processes the payment. 4.2. 0 Counter E-Payment System 4.2.1. Provider shall deliver and configure 57 EMV device(s). 4.2.2. Provider shall deliver an administrator portal for counter payments. 4.2.3. Provider shall remotely upgrade EMV devices as appropriate. 4.2.4. Provider shall provide one(1)remote,web-based training session covering setup and use of EMV devices. 4.3. ►_ IVR- E-Payment System 4.3.1. IVR solution shall be hosted and maintained by Provider. 4.3.2. Provider shall configure call scripts according to industry best practices. 4.3.3. IVR functionality shall only include search/retrieval and payment processing of Case payments in full. Catelis(AM-0241) Page 15 Docusign I nvelopelu: /UIilZZU/-V3/r-f+ouvt-tiucovrnmv vonivi s Catalis No.:OObPh00000AMMIhIAH 3025 Windward Plaza,Suite 200 'V Alpharetta,GA 30005 Date:Aug.13,2024 4.4. ® Text and Email Payment System 4.4.1. Provider will deliver functionality to allow Customers to set up text (SMS) and/or email payment and notification preferences through their E-Payment System profile.Customers will be required to (i) have a valid payment method stored within their profile and (ii)verify their cell phone number prior to completing registration. 4.5. © Integration(s) 4.5.1. Provider will create/maintain an integration with Merchant's Tyler Odyssey system. 4.5.2. Provider will create/maintain an integration with Merchant's JustFOIA system. 4.5.3. Provider will create/maintain an integration with Merchant's Ungerbock system. 4.6. ® eCheck/ACH E-Payment System . 4.6.1. Provider will configure web E-Payment System to accept eCheck/ACH Payments. 4.7. © E-Payment System Training 4.7.1. The provider will provide support and training to Merchant personnel via live, web-based session(s). A training schedule will be shared during implementation. 5. Merchant's Responsibilities: For Provider to provide the Services outlined in this SOW, the Merchant shall deliver the following, included as marked (©): 5.1. © General 5.1.1. Provide ACH forms required for the.remittance of funds(if applicable). 5.1.2. Provide list(s)of charges in an electronic format and updates within forty-eight(48) hours of a change(if applicable). 5.1.3. Provide a payment schedule in an electronic format(if applicable). 5.1.4. Attend client care calls as requested. 5.1.5. Notify Provider of changes to any state, county, or municipal mandates or laws. 5.1.6. Revoke system access of terminated Merchant employees at time of termination. 5.2. ® Web E-Payment System 5.2.1. For the duration of this SOW, Merchant will maintain an active link connecting the Merchant website and the Provider payment portal in a prominent and mutually agreed location on the Merchant website. 5.3. ® Counter E-Payment System 5.3.1. Merchant will keep all point-of-sale terminals in good order and repair exceptfor normal wear and tear in the ordinary course of business. 5.4. ® Integrations 5.4.1. The Merchant,via their Odyssey,JustFOIA,and Momentus systems,will update the Provider's payment program on a near real-time basis,with data on all open and payable records from the Merchant's server. Upon exchange of the data, the information may be accessed, and payment made by the Customer. Third-Party Vendor integration Statement of Work will be provided. 6. Integration(s)Scope of Work 6.1. Merchant will make Tyler, JustFOIA, and Momentus (each a "Software Vendor") aware of the requirement to integrate with the Catalis E-Payment system and of the anticipated Go-Live date contemplated herein. Merchant will direct Software Vendor to assist in setting up direct data interface, including providing all file descriptions or API and/or FTP documentation. 6.2. If Catalis is delivering a web service or API service, Catalis will need access and resources from the Merchant to ensure both systems from each company can interface and exchange data appropriately. Failure to grant Catalis access or a Merchant resource to help support this step of the implementation process will result in delays to the Merchant's Go-Live date. 6.3. Catalis Responsibilities 6.3.1.AI1 payment transactions will update the Merchant's Software Vendor systems on a predetermined cadence. 6.3.2.If there are designated payments which are ineligible for online payment, Merchant will be able to omit those records from being paid through Catalis via their Software Vendor systems. Catalis(AM-0241) Page 16 vucualyII OIVGIVFJG IV. I UV 144vI-w//-,.+.,-r-. -+ • Catalis 3025 Windward Plaza,Suite 200 No.:006Ph00000AMMIh1AH Alpharetta,GA 30005 Date:Aug.13,2024 6.3.3.Catalis shall provide access to a dedicated test and production environment for the implementation lifecycle. 6.3.4.Dependent on information from Software Vendor, data may be searched by the following fields, or similar identifying characteristic of the Customer. a. First Name b. Last Name c. Driver's License Number d. Ticket Number e. Citation Number f. Case Number 6.4. Merchant Responsibilities 6.4.1.Merchant will supply Catalis with Software Vendor contact information 6.4.2.Merchant will actively participate in accomplishing the Go-Live of the Program in the specified timeframe outlined herein. 6.4.3.Merchant will provide the file format specification currently used to post its payments to the Software Vendor systems. Merchant will fully cooperate with Catalis and provide the information required to integrate with the Merchant's system. 6.4.4.Merchant to provide multiple copies of bills and/or receipts to Catalis, if in project scope. 6.4.5.Merchant is responsible for determining and notifying Catalis if(i)defendant shall be allowed the option(s) to select Traffic School or proof of corrections, or (ii) a partial or full payment by the defendant shall be allowed. This notification must take place prior to completion of the Design Document and the beta version of the Merchant site, and no later than thirty(30) days after the Effective Date. 6.4.6.Merchant acknowledges that Counter is embedded in Merchant's Software Vendor systems and all transactions will stay within Merchant's Software Vendor systems. 6.4.7.Merchant will direct Software Vendor to supply Catalis with a CSV file containing the following information(as applicable). Catalis shall confirm file receipt. a. Citation Number(Required) b. Case Number(Required) c. Defendant's Name(Required) d. Date of Birth(Required for IVR) e. Amount Due(Required) f. Payability/Must Appear Flag(Required) g. Address h. Offense i. Violation Date j. Court Date 6.4.8.Merchant shall supply Catalis with the following(as applicable): a. Payment information b. W9 with Employer Identification Number(EIN) c. Financial Disbursement Agreement(FDA)for each judge in scope d. Any applicable test case scenarios e. Applicable collections logic f. Applicable custom verbiage to be included by record type Catalis(AM-0241) Page 17 Docusign Envelope ID:70C122D7-9377-4804-AOE6-3FAt(1 GiH1 U i Catalis 3025 Windward Plaza,Suite 200 No.:006Ph00000AMMIhIAH • si Alpharetta,GA 30005 Date:Aug.13,2024 PERFORMANCE CENTER SOFTWARE DESCRIPTION &SCOPE OF USE 1. Catalis Performance Center: 1.1. Modules included: 1.1.1.Pre-packaged Visualizations utilizing Payments data. 1.1.2.Payment Plan Metrics 1.1.3.Revenue Metrics 1.1.4.Metrics are explicit to Payments data only and are presented via a series of visualizations with right-click drill-through and data filtering capabilities. Data within each visualization can be exported via, html, csv, excel and pdf. 1.1.5.Payment Plan and Revenue metrics are provided to Customer at no cost.Additional services requested by the client and agreed upon with Catalis may be provided for an additional fee. 1.2. Embedded Visualizations Visualizations will be accessed directly in the application. 1.3. Security Access to visualizations is dependent upon the users existing access within the application. 1.4. Scheduled data updates Data will be updated nightly unless otherwise requested by the Customer and agreed upon with Catalis for an additional fee. 1.5. Pre-packaged Visualizations 1.5.1.All metrics are pre-packaged.This is necessary to meet the varying Customer needs. Changes to visualizations and/or newly requested visualizations(outside of the prepackaged)will result in a change order with outlined costs. 1.6. Pricing for payment and payment plan reports detailed in this amendment are provided at no cost to the Customer.Any additional services will be offered at a cost to be determined in the future. 1.7. Scope of Work regarding pre-packaged visuals is included below. • Catalis(AM-0241) Page 18 UUL UbI911 GIIVCIupJC 11.J. f UV I LLIJ -COI l-Yvv-r-r wt_v-v.riw,vvr..... Catalis 3025 Windward Plaza,Suite 200 No.:006Ph00000AMMIhIAH Alpharetta,GA 30005 Date:Aug.13,2024 PERFORMANCE CENTER SCOPE OF WORK 1. Payment Plan Metrics Data presented in Catalis Performance Center specific to payment plans will include the following fields for prepackaged visualizations.Adjustments to these fields will be at the discretion of Catalis. • Fields for pre-packaged visuals • Client Name • Citation Paid Date • Internal ID for payments • . • Case Citation Number • Case Number • Amount Paid • Date Citation was Issued • Charge • Total Case Balance • • Minimum amount that must be paid • Citation Eligibility for traffic school • Partial Payment Indicator • D6 Clearance 2. Revenue Metrics Data presented in Catalis Performance Center specific to revenue metrics will include the following fields for prepackaged visualizations.Adjustments to these fields will be at the discretion of Catalis. • Client Name • Channel • Channel Details • State • Service Name • Service Type • Organization • Date Paid • Item Number • Full Name • Court Amount • Status • Status Updated • Status Comments • Invoice Number • Card Type • ClerklD • • Catalis(AM-0241) Page 19 Exhibit 1. TWC Data Exchange Request and Safeguard Plan All statements and information on this form and associated correspondence relating to the Request and Security Plan (RSP) are incorporated by reference into the data exchange Contract with TWC as Exhibit 1. Recipient agrees to provide written notice to TWC of any changes to the responses contained in this RSP during the Contract term immediately but no later than three (3) calendar days from the date of change. Email changes to DEcontracts@twc.texas.gov. After review and approval by TWC,the notice of changes shall be incorporated by reference into the Contract under Exhibit 1. Any changes to the responses requested by Recipient and accepted by TWC in this Exhibit 1 shall amend the corresponding information in the GTC and A-H. This document is confidential under Texas Government Code regarding infrastructure security and shall be redacted from release in response to a request for information or documents. Contact TWC upon such a request. T•ONTRA&OR-INFORMA 10 .Please answer each question. ® . • r '-aye tioTi unanswered.,.°, 1. Legal name of requesting governmental Brazos County Constable Pct 1 entity/Responsible Financial Party 2. Entity Tax ID# 74600433 3. Street Address—Line 1 12845 FM 2154 4. Street Address—Line 2 Ste 140 5. City, State,Zip College Station TX 77845 6. New request or renewal of an existing ❑ New request contract? XX❑ Extension of existing agreement Previous/Current Contract#: _2923PEN003 • ❑There are other contracts between TWC,and the party not affected by this Contract,which are as follows: 7. Type of entity and authority to contract XX❑Texas Local Government Code, Chapter 791, Interlocal Cooperation Act(e.g.,cities,counties) ❑Texas Government Code, Chapter 771, Interagency Cooperation Act(e.g.,state agency) ❑ Federal Agency Authority ❑ If state agency, please specify authority 8. Legal Purpose(s)for requesting XX❑to assist in criminal investigations information XX❑to assist in locating defendants,witnesses, and fugitives in (Check all that apply) criminal cases XX❑to assist in locating persons with outstanding warrants XX❑to assist in locating probation absconders ❑to assist in determining eligibility for public assistance/services ❑ other: please specify: (language will be inserted into contract) 9 Requested length of contract term XX❑ 1 year ❑ 2 years ❑ 3 years ❑4 years ❑ 5 years (Renewal Option up to a total of 5 years combined) Texas Workforce Commission I Nov 2022 1. 10. Requested start date XX❑ For federal entities only:to correspond with start of fiscal year starting:10-1-23 ,_o j V _REQUESTED, _ P! answer question. o o _ unar!swered. 11. Information requested XX❑Wage Records (WR): (Check the data being requested) Wage Detail Inquiry:View wage information for an individual. Coworker Search:View wages reported by an employer. XX❑UI Benefits and Claimant Info (UI): Personal Information:View demographic information for an individual. Claims:View unemployment insurance claim information. Payments:View unemployment insurance payment info. Employer Search: Search employers by name or address. ❑ Employer Records(ER) Employer Master File: Search Employer Master File and view state unemployment tax information. 12. Method of receiving data ❑ Online access: Contractor access for lookup by SSN through a password-protected log-in account. Number of individuals needing access accounts: XX01-10(The subscription rate is$1,500 per year.) 011-25 (The subscription rate is$2,000 per year.) ❑26-50(The subscription rate is$3,500 per year.) * Specify other quantity Please confirm that the number of Users given access is and will be limited to the minimum number necessary to accomplish the Limited Purpose(s). XX❑Yes❑ No Online Access for Over 25 User Accounts: *If the request is for more than 25 user accounts, please indicate the reason the volume of access accounts is necessary(check all that apply):There is/are: ❑ a high volume of daily/weekly inquiries require the requested volume of use accounts ❑ other reason(s)for the volume of access accounts: D Offline access: Offline Method of Transfer and Frequency: (Check applicable options) Texas Workforce Commission I Nov 2022 2 ❑ Ongoing: Scheduled computer matching against file of SSNs or tax account numbers submitted by Requestor periodically. Frequency of ongoing scheduled requests: ❑Nightly ❑Weekly ❑ Bi-Weekly ❑ Monthly • ['Quarterly ❑Annually ❑Other—specify: ❑ Non-scheduled -Upon Request: Ad hoc request for non- scheduled matches or data files. ❑ One-time request for large quantity of records. ❑ One-time request for one or a few records(less than 100 matches of SSNS or<5 TWC Employer ID or FEIN). Submit request to open.records@twc.texas.gov or fax request to 512-463-2990 or the open records portal at https://twc.govga.us/WEBAPP/ rs/(S(roibfug2yv4rb(2wrzlu c3se))/supporthome.aspx. Specify the particular data elements for the information requested in question 11. E.g., name, address,wage benefit amount, employer name,telephone number,etc. 1. If other specific data elements are requested, provide a data format. Offline Data Elements Requested: Data elements to be submitted to TWC for the resulting matched data: ❑ SSN —Social Security Number Data available from TWC available for SSN matches from the UI Wage Records: Name: last,first, middle initial NAICS Quarter Wages were earned Quarterly Wages Employer Name Employer Address Employer Zip Employer contract Employer Telephone Employer Tax Account Number Instructions for submitting SSN-UI Wage Record Match Requests: Filename and format will be provided by and coordinated with the TWC developer upon receipt of Attachment E. REQUEST FOR TEXAS WORKFORCE COMMISSION RECORDS Texas Workforce Commission I Nov 2022 3 File transmission shall be protected using TWC Secure FTP and encrypted using at least 256-bit encryption. ❑TWC Employer ID Number (EIN) Data available from TWC available for EIN matches from the Employer Tax Master File: Name: last, first, middle initial Social Security Number Quarterly Wages Employer Name Employer Address Employer Zip Employer contact Employer Telephone Employer Tax Account Number Instructions for submitting Texas ElDs or FEINs: (follow the same pattern as for SSNs): Format sample: 123456789 Send seed file via secure file transfer to Agency's secure portal, currently GoAnywhere— https://mft.twc.state.tx.us/webclient/Login.xhtml (prior account establishment required) ❑ Federal Employer ID Number (FEIN) Same as Texas Employer ID information Volume/quantity of offline records requested per submission and associated rates: Estimated number of individuals in which sensitive personally identifiable information requested at any one time: ❑ 1-999: $250 ❑ 1,o00—14,999:$300 ❑ 15,000—19,999: $375 ❑ 20,000—24,999:$500 ❑ 25,000-Above: $1,000 Hourly rate for programming of a new request or modification of an existing job: $48.81. De-identification: If submitting SSNs to TWC, also include a unique identifier. For enhanced security,the return file will not include SSNs but instead will include only the unique identifier where feasible. Texas Workforce Commission I Nov 2022 4 SAFEGUARD REQUIREM NTS Please answer each question.. e G leave any unanswered. 13. How will data be viewed? 1) XX❑We will ONLY view screen information. Select one of the three options. (Respond to#14-19, check"N/A" to#20 and#21.) 2) ❑ We will use electronic copies of screen prints(PDF),or ❑ We will transfer data into an electronic record. (Respond to#14-20, check"N/A"to#21.) 3) ❑ We will use paper copies of screen prints, or ❑We will transfer information into paper records format. (Respond to#14-19 and #21, check"N/A" to#20) 14. Will non-employees be provided access XX❑ Only direct employees will be provided access. to the data? ❑ Persons who are not employees may/will be provided Express written contract language access. Please specify those that apply: authorizing data exchange with non- ❑ Data Center Operators employees is required for re- ❑Other Governmental Contractors: Please specify: distribution of information accessed. 15. Will the data you are requesting be ❑Yes-Specify: disclosed to any other entity? Express written contract language XXn No authorizing data exchange with non- employees is required for re- distribution of information accessed. 16. What access control methods will you XX❑Texas State Requirements under Title 1, Part 10,TAC Sec. use for access to the TWC information? 202,or comparable standards ❑ National Institute of Standards and Technology(NIST)or comparable standards ❑ IRS Publication 1075 or comparable standards 17. How does your organization assess XX❑Vulnerability testing Frequency:We A'. . y your security posture? How frequently ❑ Penetration testing Frequency: are these assessments conducted? n Audits Frequency: ❑ Other—Please specify: Frequency: 18.0 Are background checks performed on XX❑ Yes, background checks are performed (go to 18.1). employees who will access ❑ No, background checks are not performed information? If No background checks are performed,state what type of records checks are being performed: 18.1 When are background checks XX❑ Pre-employment performed? ❑ Periodic checks during employment ❑ N/A 19. How will you have an auditable trail? XX❑ I will keep a worksheet that includes at a minimum,the person making the inquiry,the reason for the inquiry, identifying information regarding the case or claim for which the inquiry was made,and the date the inquiry was made. ❑ Other, If Other specify: 20. How will you encrypt the data at rest? ❑ Please specify: (Ex:Once transferred to a database or XX❑ N/A—We do not keep data at rest. other electronic system) 21. When will data destruction occur? Consistent with Texas State Libraries and Archives Commission (state records retention laws) Texas Workforce Commission I Nov 2022 5 ❑ Consistent with other standards: Please specify: XX❑ N/A-We do not retain data. `€ONTACT . ti 22. Point of Contact Name Deputy Phil Brown (for daily matters) 23. Point of Contact Title Deputy 24. Point of Contact Phone 979-695-0030 25. Point of Contact E-mail pbrown@brazoscountytx.gov 26. Point of Contact Address 12845 FM 2154 Ste 140 College Station TX 77845 27. Alternate Point of Contact Name and Mary Freeman Admin Clerk Title 28. Alternate Point of Contact Phone 979-695-0030 29. Alternate Point of Contact E-mail mfreeman@brazoscountytx.gov 30. Alternate Point of Contact Address If different from Point of Contact 31. Signatory Name Duane Peters 32. Signatory Title Brazos County Judge 33. Signatory Phone Number 979-361-4101 34. Signatory E-mail dpeters@brazoscountytx.gov 35. Signatory Address If different from Point of Contact 200 S Texas Ave Bryan TX 77803 36. Data Technology Contact Name Kevin Joyner 37. Data Technology Contact Phone 979-361-4676 38. Data Technology Contact E-mail kjoyner@brazoscountytx.gov 39. Invoice Recipient Name Mary Freeman 40. Invoice Recipient Phone Number 979-695-0030 41. Invoice Recipient Title Admin Clerk 42. Invoice Recipient E-mail mfreeman@brazoscountytx.gov 43. Invoice Recipient Address If different from Point of Contact All statements and information on this form and associated correspondence relating to the Request and Safeguard Plan are incorporated by reference into the data exchange Contract with TWC as Exhibit 1. The original Exhibit 1 and contract must be signed by the Contract Signatory. The person signing is authorized by Recipient to bind their organization to the terms of the contract. Designation For Subsequent Submissions: E By checking here, the contract signatory approves the Recipient Point of Contact as their designee for submission of subsequent updates to the Request for Safeguard Plan and requests for renewals for purposes of extending the duration and associated amount. III 1 (0ID-0IIa3 Contract Signatory or designee Date Puree (3c-1-c9--S 4 Cot-LOT-NI fA- E Printed Name/Title Texas Workforce Commission I Nov 2022 6 For questions on how to complete this request form, contact DEContracts@twc.texas.com Texas Workforce Commission I Nov 2022 7 uocuslgn tnveiope IL' l C/CCo7u-/11 uV..+ ..4-rv.+vc-.,,, v-ry+v-rr.^ TEXAS WORKFORCE COMMISSION INFORMATION RELEASE CONTRACT AMENDMENT INFORMATION RELEASE TWC Contract Number 2924EDE006 Amendment 1 Effective Date October 1,2024 Number Recipient Name Brazos County for the benefit of Constable Office Precinct 1 Mailing Address 12845 FM 2154 Suite 140 City/State/Zip College Station,Texas 77845 Telephone Number (979) 965-0030 Remarks This amendment is contingent on Recipient's acceptance of and compliance with the terms and conditions of this Information Release Amendment and any referenced attachments. Amendment Detail Contract Period ® The Contract Period is amended as follows: Current End Date: September 30,2024 Amended End Date: September 30, 2025 This Contract originally began on October 1, 2023 ("Begin Date"). The original termination date was September 30, 2024 ("End Date"). The parties mutually agree by written agreement to amend the End Date to September 30, 2025. This Amendment shall be effective as of October 1, 2024. With mutual consent of the parties, this contract may be renewed for subsequent one (1) year terms but with a maximum of three (3) more renewals. The entire term of this contract must not exceed five (5) years. n There are no changes to the Contract Period pursuant to this amendment. General Terms and Conditions // The General Terms and Conditions are amended as follows: • Table of Contents: Appendix 1: Prohibited Technology Letter • Table of Contents: Appendix 2: Additional Terms and Conditions • General Terms and Conditions: Section 3-Consideration: 3.1 n There are no changes to the General Terms and Conditions pursuant to this amendment. Attachment A: Statement of Work-Project Obligations a Attachment A: Statement of Work - Project Obligations is amended as follows: • Revised Sections: Attachment A-Section 5 n There are no changes to the Statement of Work- Project Obligations pursuant to this amendment. Contract Amount /1 Contract amount is amended as follows: Total Amended • Contract amount has been increased by 1,500.00, Contract Amount $3,000.00 o Original Contract 10/01/2023 —09/30/2024 at $1,500.00 o o Al 12-month renewal 10/01/2024—09/30/2025 at ..$1,500.00 o (will be invoiced separately) n There are no changes to the contract amount pursuant to this amendment. Information Release Amendment: February 2022 TWC Contract Number:2924EDE006—BRAZOS COUNTY Page I of 2 vocusign envelope lu. i CJ CCoyu-/1/v%..-wcvc-nt.vc-.rYwvwvv-+.ter. Changes to Other than the Above Categories ® Other: Attachments C, D, G and H. All changes are in bold. • Attachment B: Section 7-Disposal—Please refer to Appendix 2, Section 3. • Attachment G: Question 15 n There are no other changes to the document pursuant to this amendment. Signature Authority The person signing this contract amendment on behalf of Recipient hereby warrants that he or she has been fully authorized by the organization to: • Execute this amendment on behalf of the organization, and • Validly and legally bind the organization to all the terms,performances, and provisions of this contract amendment. Amendment Approval Amendment Acceptance Agency: Texas Workforce Commission Recipient: Brazos County for the benefit of Constable Precinct 1 8/5/2024 fk Nal jag-. John Greytok Date Duane Peters Date Senior Adviser to the Executive Director Brazos County Judge Information Release Amendment: February 2022 TWC Contract Number:2924EDE006—BRAZOS COUNTY Page 2 of 2 uocusign tnveiope IU: -ICJCCDyu-HiuU-4CuG-M.uc-UW,..0tivvvYrv+ TEXAS WORKFORCE COMMISSION PERFORMING AGENCY CONTRACT TABLE OF CONTENTS General Terms and Conditions Section 1 Purpose and Legal Authority Section 2 Term, Termination, and Amendment Section 3 Consideration Section 4 Protecting the Confidentiality of TWC Information Section 5 Records and Audit Section 6 Breach of Agreement, Default, and Remedies Section 7 Miscellaneous Appendix 1 Prohibited Technology Letter Appendix 2 Additional Terms and Conditions Attachment A Statement of Work—Project Obligations Attachment B Safeguards for TWC Information Attachment C Texas Workforce Commission User Agreement Attachment D Cover Sheet for Transmitting User Agreement and Training Certificate Attachment E Intentionally omitted Attachment F Certificate of Destruction for Contractors and Vendors Attachment G Quarterly Self-Assessment Report Exhibit 1 TWC Data Exchange Request and Safeguard Plan Information Release Contract: February 2024 TWC Contract Number: 2924EDE006—BRAZOS COUNTY Page 1 of 6 uocusign tnveiope tu:1titttsuu-Niue-4CUL-r,louL-041:1�04+uu1.04.v1 TEXAS WORKFORCE COMMISSION PERFORMING AGENCY CONTRACT Appendix 1 Notice of Term Inclusion to Comply with Law Per the Terms and Conditions of your contract, changes in law are automatically incorporated into contracts.During the session, the legislature passed a bill to protect Texas' sensitive information and critical infrastructure from vulnerabilities presented by the use of TikTok and other prohibited technologies on devices used to conduct state business. This notice is provided to assist you in complying with this change in the law by providing the relevant provision to supplement the Terms and Conditions of your contract. Prohibited Technologies: Vendor represents and warrants that neither Vendor, Vendor's employees, nor Vendor's contractors will use personal devices for conducting state business. Vendor represents and warrants that it will prohibit its employees or contract workers from using any device to conduct state business that contains, accesses, or consists of any prohibited technology. Vendor represents and warrants that no device that contains, accesses, or consists of any prohibited technology will be in the vicinity of a device conducting state business on behalf of the Vendor. A. Vendor shall implement a written policy banning the prohibited technology as described in this section and present a copy of said policy to TWC within thirty (30) days after Contract execution and within ten (10) days after any amendment to the Vendor's prohibited technology policy. B. For the purpose of this section, personal device means a device that is (1) not owned or controlled by the vendor or TWC; or (2)not used primarily for business purposes. State business means the same as in the TWC Prohibited Technologies Security Policy:https://twc.texas.gov/files/policy_letters/attachments/29-22- chl-att2-twc.pdf. Prohibited Technology means the software and hardware products listed on the Department of Information Resources (DIR) webpage located at:https://dir.texas.gov/information- security/prohibited-technologies. Vendor is responsible for periodically checking this list and remaining in compliance with additions. Remainder of page intentionally left blank. Information Release Contract: February 2024 TWC Contract Number: 2924EDE006—BRAZOS COUNTY Page 2 of 6 Docusign Envelope Iv lt/ttbuu-Aiut.-gtut-riuuz-o•+o,.o4wu4rv+ TEXAS WORKFORCE COMMISSION PERFORMING AGENCY CONTRACT Appendix 2 INFORMATION RELEASE CONTRACT BETWEEN TEXAS WORKFORCE COMMISSION AND BRAZOS COUNTY FOR THE BENEFIT OF CONSTABLE OFFICE PRECINCT 1 ADDITIONAL TERMS REGARDING NON-OWNERSHIP OF AND DESTRUCTION OF TWC DATA, PROHIBITION AGAINST ARTIFICIAL INTELLIGENCE, PROVIDING TWC A COPY OF RESEARCH RESULTS AND RECIPIENT'S OBLIGATIONS SURVIVE THE CONTRACT Section 1 —Definitions (names of documents are italicized) 1.1 "Additional Terms" refers to this document. 1.2 "TWC" refers to the Texas Workforce Commission. 1.3 "RSP" refers to the document titled "Exhibit 1, TWC Data Exchange Request and Safeguard Plan." The RSP is TWC's standard application form to obtain a contract accessing TWC Data. Recipient completed and signed the RSP, and it is attached to this agreement and is incorporated herein. 1.4 The "Limited Purpose" is defined by Recipient's response to Item 8 in the RSP. 1.5 "Original TWC Data" means the data set(s) Recipient obtain(s) from TWC. It is data in the form and format which TWC prepared to transmit the data to Recipient. It includes any duplicates or copies of the file(s) received from TWC. It includes all data captured or downloaded from the EAGLE system. 1.6 "Derivative TWC Data" means any file, data base or other data set which is not the "Original TWC Data" but which was created through making changes to the Original TWC Data or using the Original TWC Data. "Derivative TWC Data" includes but is not limited to every file which contains any excerpt (no matter how small) from the Original TWC Data, as well as any changes to the sequence or layout of the Original TWC Data. Examples of Derivative TWC Data include, but are not limited to: (a) any new document or other new file which has the name of an employer or which contains any other data value copied from a single cell in the Original TWC Data; (b) any re-sorting the Original TWC Data; (c) changing the labels of column headings or the order of columns in the Original TWC Data or inserting a new column into the Original TWC Data; (d) crossmatching the Original TWC Data against another data set; or(e) using TWC data as the basis for a dashboard,whether through Power BI or similar software.Note: dashboard software makes a copy of a portion of the underlying data, even though the copy is not displayed in the dashboard itself. Note: there is no de minims standard, i.e., the smallest amount of TWC data, even a single data point, makes the entire file TWC Derivative Data. Information Release Contract: February 2024 TWC Contract Number: 2924EDE006—BRAZOS COUNTY Page 3 of 6 uocusign Cnvelope IL/: IC/CCDJU-n/uu-tcUc-n�.vc- ruv�wv v. TEXAS WORKFORCE COMMISSION PERFORMING AGENCY CONTRACT 1.7 "TWC data" refers to any combination of"Original TWC Data" and/or"Derivative TWC Data." 1.8 "CII" means Confidential Identifiable Information. Per federal law, CII is any data "which reveals the name or any identifying particular about any individual or any past or present employer or employing unit, or which could foreseeably be combined with any other publicly available information to reveal any such particulars." 20 CFR 603.4(b). Note that confidentiality expressly extends to employers, not just individuals. 1.9 "Non-Attributable Data" means TWC data which has been scrubbed of all CII. Removing CII includes aggregating, deidentifying, masking or using other recognized methods which prevent third parties from deducing a person's identity, either directly from the data retained or through combining the retained data with publicly available data. For a file or data set to qualify as Non- Attributable Data, Recipient must document (and maintain the documentation of) all the methods and steps taken to scrub all CII from that file or data set. If all CII is correctly removed, then the resulting material (the "Non-Attributable Data") is not Derivative TWC Data. The relevant standards are found in NIST SP 800-188,De-Identifying Government Datasets: Techniques and Governance, published by The National Institute of Standards and Technology. 1.10 "Research Results" means each and every research finding, interactive dashboard, report, summary, study or other document of whatever type or name that comes, directly or indirectly, from using TWC Data. Research Results includes all items produced for academic and operational purposes, as well as all internal documents and all items intended for public release. If it contains any CII in any amount, then the entire Research Result is also Derivative TWC Data. 1.11 "Recipient's Confidential Information" means any data or information, any analysis or conclusions, or any other content which in Recipient's view should not be made public because a) the content is confidential by law, b) the content is otherwise exempt from the Texas Public Information Act, or c) some other well established legal basis for the content not to be released. Section 2—Recipient Temporarily Possesses TWC Data But Does Not Own It 2.1 Temporary Possession. Through this contract, TWC agrees to allow Recipient to temporarily possess a copy of TWC Data to be used exclusively for the Limited Purpose. Accessing,using or possessing TWC Data for any reason other than the Limited Purpose is a breach of this contract and a violation of federal law. 2.2 No Ownership. Recipient does not own any Original TWC Data, Derivative TWC Data, or other TWC Data. Recipient does not gain ownership of any TWC Data by using, extracting, formatting, combining, restructuring, processing or altering TWC Data in any way. 2.3 Permanent Separation of Original TWC Data. Recipient will store Original TWC Data separately from all other data which Recipient owns or possesses which does not contain TWC Data. The continuous separation of Original TWC Data is necessary to prevent comingling and to enable Recipient to effectively and thoroughly destroy all Original TWC Data when Recipient's right of possession expires. Information Release Contract: February 2024 TWC Contract Number: 2924EDE006—BRAZOS COUNTY Page 4 of 6 uocusign Cnvelope iu. I CI CCDSu-H/Ul•-ycU�-n�.uc-v+uvv+vw�rv. TEXAS WORKFORCE COMMISSION PERFORMING AGENCY CONTRACT 2.4 Permanent Separation of Derivative TWC Data. Through making changes to or using Original TWC Data to create a file, data base or other data set, Recipient will create Derivative TWC Data. For all purposes, Derivative TWC Data will be subject to the same conditions and restrictions as Original TWC Data. In particular,Recipient will store Derivative TWC Data with its Original TWC Data(and separately from all other data which Recipient owns or possesses which does not contain TWC Data). The continuous separation of Derivative TWC Data from all non-TWC Data is necessary to prevent comingling and to enable Recipient to effectively and thoroughly destroy all Derivative TWC Data when Recipient's right of possession expires. 2.5 Recipient Owns Its Research Results Which Use Non-Attributable Data. Recipient owns its Research Results from using TWC Data and any files, data sets, or other documents which are part of the Research Results so long as the Research Results or other items contain only Non-Attributable Data. See the provisions on No Ownership (2.2) and the definition of Derivative TWC Data (1.6). In the case of any ambiguity about ownership, the No Ownership provision in 2.2 will control. Section 3—Destroy TWC Data Within 30 Days; Maximum 3 Year Deadline; Extensions 3.1 Destroy TWC Data Within 30 Days. Recipient must destroy all TWC Data within 30 days of the end of the Limited Purpose. 3.2 Destroy TWC Data Within 3 Years. Even if the Limited Purpose is not complete, all TWC Data must be destroyed not later than the 3rd anniversary of the date on which Recipient took possession of the TWC Data. 3.3 Documenting Destruction of TWC Data and Notifying TWC Within 10 Days. When Recipient's right of possession ends, Recipient must destroy TWC Data and document the destruction using Attachment F, Certificate of Destruction for Contractors and Vendors,which is attached to this contract and incorporated for all purposes. Within 10 days of destroying the data,Recipient must provide the completed Attachment F to TWC as instructed on Attachment F. 3.4 Extensions Beyond 3 Years. To continue to possess any TWC data beyond the 3rd anniversary, Recipient must get a written extension from TWC. Recipient should request the extension in writing more than 90 days before the 3rd anniversary. An extension from TWC shall be in writing and shall expressly state the new deadline for destroying that file or other portion of TWC Data. It will be in TWC's sole discretion whether to grant an extension, to determine the length of the extension (if any), to grant subsequent extensions (if any), and to place (or not place) conditions on any extension. If TWC chooses to put any terms or conditions on an extension, those must be included in the written notice granting the extension. 3.5 Exceptions and Exclusions to the Deadline. Certain users and certain types of data are excepted or excluded from the 3-year default deadline to destroy all TWC data. 3.5.1 Law Enforcement Extension. For law enforcement activities only,if an excerpt of TWC Data is stored in a criminal investigation file, the TWC Data may (without the need for a written extension from TWC) remain with the investigation or prosecution materials until that matter is resolved and closed even if that process goes beyond 3 years. 3.5.2 Courts. If handled in compliance with part 11.2 of Attachment B, Safeguards for TWC Information,attached to this contract,TWC Data in the possession of a court may remain with the case file (without the need for a written extension from TWC) until that matter is resolved and closed even if that process goes beyond 3 years. Information Release Contract: February 2024 TWC Contract Number: 2924EDE006—BRAZOS COUNTY Page 5 of 6 uocustgn cflVelUpe Iv. ICI cCouv-/ni , TEXAS WORKFORCE COMMISSION PERFORMING AGENCY CONTRACT 3.5.3 Non-Attributable Data. Non-Attributable Data as defined above is excluded from the requirement to be destroyed. It can be held indefinitely if it is held with the documentation showing when and how it was made Non-Attributable. 3.6 Replacing Other Terms. Paragraph 7 of Attachment B,Safeguards for TWC Information, attached to this contract, also addresses document destruction. Paragraph 7 is struck from the contract. Section 3 of this document, the Additional Terms, replaces and supersedes Paragraph 7. Section 4— Prohibition of Software and Processes That Retain TWC Data 4.1 Recipient must not use TWC Data and must prevent and protect against TWC Data being used, directly or indirectly, in any software or other technology of any kind which either a) retains any portion of TWC Data after using TWC Data, or b) which in using TWC Data the software or other technology is altered in any way. This obligation prohibits any use of TWC Data with artificial intelligence, machine learning, or similar software or other technology. Section 5—Recipient will Provide TWC a copy of Research Results 5.1 As part of the consideration for TWC to enter this contract,Recipient will provide TWC with every Research Result within 30 days of when the Research Result is provided to any other person or entity, internal or external to Recipient. If the document is posted publicly on the internet,Recipient may provide TWC a web link. If the document contains Recipient's Confidential Information, TWC will execute a reasonable non-disclosure agreement. It should be exceptionally rare that any such document would contain TWC Data (other than Non-Attributable Data), but if it does then Recipient will transfer the document to TWC in a secure manner and will get approval in advance from TWC for the method of transfer. Section 6—Recipient's Obligations Survive this Contract 6.1 Recipient's obligations for handling TWC data survive this contract. Even if this contract expires or is terminated,Recipient continues to owe all duties relating to confidentiality, limited use, data security, cooperation with monitoring by TWC, data destruction and other duties as provided in the contract and by federal regulation. If this contract expires or is terminated,federal regulations are an independent legal basis for Recipient's ongoing duties. Recipient's obligations are tied to its possession of the TWC data and not to the status of this contract. Recipient is presumed to continue to possess TWC data (and to continue to owe all legal duties) until Recipient provides proper documentation showing correct destruction or correct de-identification, as appropriate. Remainder of page intentionally left blank. Information Release Contract: February 2024 TWC Contract Number: 2924EDE006—BRAZOS COUNTY Page 6 of 6 uocusign tnveiope w: I C/CCO9U-11/UlJ-NCLJG-/1l,V4.-J,Lasa+'+vuw-rf TEXAS WORKFORCE COMMISSION INFORMATION RELEASE CONTRACT Attachment A INFORMATION RELEASE CONTRACT BETWEEN TEXAS WORKFORCE COMMISSION AND BRAZOS COUNTY FOR THE BENEFIT OF CONSTABLE OFFICE PRECINCT 1 STATEMENT OF WORK—PROJECT OBLIGATIONS SECTION 1 —Project Abstract 1.1 Contract Purpose. The purpose of this Contract is to provide Recipient with access to confidential Agency data, to ensure that Recipient will maintain the confidentiality of the data, and to require Recipient to reimburse Agency for costs of providing access at the rates set out in this Contract. 1.2 Authorized Use of TWC Information. Subject to the security and confidentiality provisions of this Contract, Recipient is authorized to use TWC Information, as defined in Attachment B, item 1, solely for the Limited Purpose(s) listed in the Request and Safeguard Plan and associated correspondence which is incorporated into this Contract and marked as Exhibit 1. Recipient warrants that all statements and information in Exhibit 1, Request and Safeguard Plan and associated correspondence true and correct to the best of my knowledge and understands that their organization is bound by the representations in Exhibit 1. Any other use of TWC Information by Recipient is a breach of this Contract. 1.3 References. Section references are to sections of this Attachment A unless otherwise specified. SECTION 2—Obligations of Agency 2.1 Description of TWC Information Disclosed and Method of Access. Agency agrees to provide access to the TWC information requested and via the method as described in Exhibit 1. 2.2 Availability. Online access will routinely be available Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time, excluding State holidays, although Agency does not guarantee access during these periods. Agency may terminate or limit access without notice based on business necessity or in the event of an emergency. 2.3 Method of transfer. Agency will transfer TWC Information to Recipient only as specified in the Request and Safeguard Plan or by other methods approved in writing in advance by Agency Chief Information Security Officer or his/her designee. SECTION 3 —Obligations of Recipient 3.1 Online Access. Information Release Contract Attachments— March 2024 TWC Contract Number:2924EDE006—BRAZOS COUNTY Page 1 of 9 Docusign Envelope ID: 1 E7EE1391.)-Ai1.c-4tuz-HUuz-04[Sl.a4uuu4rw TEXAS WORKFORCE COMMISSION INFORMATION RELEASE CONTRACT 3.1.1 Direct Oversight of Users. Recipient shall ensure that all individuals with online access through user TWC system log-in accounts ("Users,") are direct Recipient employees. 3.1.2 Annual Fee and Payment. Recipient shall pay Agency the annual subscription fee applicable to the access identified in Exhibit 1, Request and Safeguard Plan. The annual subscription fee covers the twelve (12) month period that begins on the Begin Date. Payment of the annual subscription fee is due within thirty (30) calendar days of Recipient's execution of this Contract. The annual subscription fee is nonrefundable and will not be prorated in case of early termination of this Contract or suspension of services. If access identified in the Request and Safeguard Plan in Exhibit 1 is for multiple years, the Recipient shall pay Agency the annual subscription fee for each subsequent contract year within thirty (30) calendar days of the beginning of each contract year. If the contracting entity is a city or county, also known as a "local entity", Recipient shall send payment to Texas Workforce Commission, Revenue and Trust Management, P.O. Box 322, Austin, TX 78767-0322. 3.1.3 User Documents. All prospective online Users must execute a Texas Workforce Commission User Agreement("User Agreement"), Attachment C, and complete online TWC Cybersecurity Awareness Training ("Security Training"). 3.1.4 User Document Submission and Maintenance. Before Agency EAGLE Administration will invite a prospective User, Agency EAGLE Administration must receive from Recipient Contact Person (designated in Exhibit 1, Request and Safeguard Plan) a copy of the completed Texas Workforce Commission User Agreement("User Agreement"), Attachment C and the Security Training certificate with a completed Transmittal Cover Sheet ("Cover Sheet"), Attachment D. Agency may deny access to any prospective User on security grounds. Recipient must maintain on file all original Training Certificates and User Agreements, which are subject to on-site and desk review audits. 3.1.5 Annual User Renewal. For multi-year, extended, and new contracts continuing, extending, or replacing a prior contract with online access, each year, on the first day of the month following the anniversary of the Begin Date the Recipient Contact Person shall provide new User Agreements and the Security Training certificate. The User Agreements and Security Training certificates shall be submitted with a completed Cover Sheet no earlier than 30 days before the first day following the anniversary of the Begin Date. The User Agreements and Training Certificates shall be executed and dated no more than thirty (30) calendar days before submission. Failure by Recipient Contact Person to timely provide annual User Agreements, shall result in Agency terminating User access. 3.1.6 Notice of User Employment Change. Recipient Contact Person shall notify Agency EAGLE Administration within three (3) calendar days of a User's termination, resignation, or reassignment into a position not requiring access to TWC Information, so that the User's password can be immediately revoked. Failure to provide such notice is a breach of this Contract and may result in immediate suspension of all online access, termination of this Contract, and other penalties provided by law and this Contract. 3.1.7 Monthly Review. For contracts with over twenty-five (25 users), Recipient Contact Person shall review the list of current Users monthly to ensure that the Users have not left employment or changed job duties or otherwise no longer need access. Recipient shall document their process for comparing the current users list with the list of employees needing access. The Information Release Contract Attachments— March 2024 TWC Contract Number:2924EDE006—BRAZOS COUNTY Page 2 of 9 uocusign tnveiope iu: i t i tCoyu-ry TEXAS WORKFORCE COMMISSION INFORMATION RELEASE CONTRACT documentation of the review process should be maintained on file for review by Agency upon request. 3.1.8 Notice of Suspected Violations. Recipient shall notify Agency of any suspected or confirmed User violation of the confidentiality and security provisions within twenty-four(24) hours of discovery and shall take appropriate corrective action. 3.1.9 Changes to TWC Information Prohibited. Users shall not change or update any TWC Information contained in Agency's computer stored files. Users shall not use any automated system or software to make multiple queries of Agency's computer stored files. 3.1.10 Instructions. Recipient shall be solely responsible for disseminating to Users any instructions provided by Agency regarding navigation of online access to TWC Information. 3.2 Offline Access. If Offline access is selected in Exhibit 1, Request and Safeguard Plan,the provisions of this section apply. 3.2.1 Offline Request Submission. For matches of wage records to SSNs, unemployment compensation claim benefit data to SSNs, or employer tax records to EIDs or FEINs, to be performed by Agency staff, Recipient shall submit a completed Request for Texas Workforce Commission Records, Attachment E, with the file of SSNs, EIDs, or FEINs to be matched. Recipient shall submit the file electronically in compliance with the Information Technology Department contract listed on Exhibit 1, Request and Safeguard Plan. Agency shall not be responsible for the confidentiality of any information submitted by Recipient. 3.2.2 Offline Rates. Rates for Offline requests are calculated on a per-request basis as specified in Exhibit 1, Request and Safeguard Plan. 3.2.3 Payment. Recipient's payment is due within thirty (30) calendar days of receipt of invoice for information requested Offline. 3.2.4. Tracking of Offline Access. Each quarter, the Recipient shall submit to the Agency Point of Contact a list of the data requests made and data received during the prior quarter including information necessary for identifying each transfer of data, whether a match against Recipient data, a scheduled transfer, or a transfer upon request. The quarterly filing dates are January 15, April 15, July 15, and October 15. 3.3 Additional Requirements. 3.3.1 Security Safeguards. Recipient shall establish, maintain, and comply with security safeguards and procedures to protect the confidentiality of all TWC Information. Recipient shall comply with the requirements in Safeguards for TWC Information, Attachment B. Failure to comply with any requirement of Attachment B is a breach of this Contract. 3.3.2 Suspension. Agency may suspend all services without notice if Agency suspects a violation of the security safeguard provisions in Attachment B. Services will remain suspended until Agency has fully investigated any suspected security violations and is satisfied that resumption of services will not result in security breaches. In the event of an extended suspension of services, Agency will notify Recipient as soon as possible. Information Release Contract Attachments— March 2024 TWC Contract Number:2924EDE006—BRAZOS COUNTY Page 3 of 9 uocusign tnveiope TEXAS WORKFORCE COMMISSION INFORMATION RELEASE CONTRACT 3.3.3 Enduring Obligation. Termination or expiration of this Contract will not end Recipient's responsibility to protect the confidentiality of TWC Information remaining in Recipient's possession, under Recipient's control, or held by a third party subject to contract or agreement with Recipient. 3.3.4 Audit. Recipient's security safeguards and procedures, as well as Recipient's access to and use of TWC Information, are subject to monitoring, evaluation, and audit by Agency. 3.3.5 Inspections. Recipient shall cooperate fully with any on-site inspections and monitoring activities of Agency. So that Agency may audit Recipient's compliance with the requirements of state and federal law and this Contract, Recipient shall permit Agency access to all sites containing TWC Information (including sites where data is maintained electronically), and to all workplaces used by personnel who have access to TWC Information. 3.3.6 Self-Assessment Report. Recipient shall submit to Agency a fully executed Quarterly Self- Assessment Report, Attachment G, on the next-occurring quarterly filing date after the Begin Date, and on each quarterly filing date for as long as this Contract is in effect. The quarterly filing dates are January 15, April 15, July 15, and October 15. Each report must be completed after the end of the prior calendar quarter and must have been signed within fifteen(15) days preceding submission. Failure by Recipient to submit to Agency a timely Quarterly Self- Assessment Report may result in the following consequences: the first instance of a late Quarterly Self-Assessment Report shall result in a late notice being issued by TWC. A failure by Recipient to timely respond to the first late notice by the time specified in the notice or Recipient receiving a second late notice, may result in TWC terminating the Contract for cause. 3.3.7 Identity Theft Protection. In case of unauthorized disclosure of TWC Information by Recipient, Recipient shall purchase identity theft protection service for all individuals whose information was disclosed without authorization. The protection service shall cover each individual for a two-year period and must include, at a minimum, automatic fraud alerts to the individual. 3.3.8 Significant Change. Recipient agrees to notify Agency in writing within ten(10) calendar days of any significant change affecting Recipient and Recipient's identity, including but not limited to changes in its ownership or control, name, governing board membership, authority of governing board, officeholders, or vendor identification number. 3.3.9 Computer Resources. Recipient shall provide and maintain its own computer hardware and software to accomplish the necessary computer communications linkages with Agency. 3.3.10 Data Source. Agency does not warrant or guarantee the accuracy of TWC Information. TWC Information includes data provided to Agency by third parties, including employers and employees. SECTION 4—Contact Persons 4.1 Designation. The Parties designate the primary liaisons as specified in Exhibit 1. Request and Safeguard Plan. Agency Contact Person Information Release Contract Attachments— March 2024 TWC Contract Number:2924EDE006—BRAZOS COUNTY Page 4 of 9 LJUVUJR,II LiIvcwp I . I LI -/1I vv--rcv� TEXAS WORKFORCE COMMISSION INFORMATION RELEASE CONTRACT Contract Management Team External Data Exchange Contracts (EDE) Procurement and Contract Services Department Texas Workforce Commission 1117 Trinity Street, Room 342T Austin, TX 78701 Phone: (737) 400-5482 Fax: (512) 936-0219 Email: DEContracts@twc.texas.gov 4.2 Notice. Any notice required under this Contract must be given to the Recipient's Contact Person specified in Exhibit 1. Request and Safeguard Plan or the Agency Contract Person. 4.3 Notice to Alternate. If Recipient designates an alternate Contact Person in Exhibit 1, Request and Safeguard Plan, written notification by Agency to one (1) of the Recipient Contact Persons will satisfy any notification requirement of this Contract. 4.4 Change. Recipient may request a change in Recipient Contact Person by submitting to Agency Contact Person a written request on organizational letterhead signed by the person who signed this Contract on behalf of Recipient, or by a successor with authority to bind Recipient contractually. The request must include the TWC Contract Number, the name of the person being replaced, and the name of the new Recipient Contact Person, with job title, work address, phone number, and email address. No change in Recipient Contact Person is effective until acknowledged in writing by Agency. 4.5 Communications. Recipient shall include the TWC Contract Number in all communications with Agency. SECTION 5— Parties Option for Extension and Effect on Other Contracts The Parties agree that this Contract supersedes and replaces all prior contracts, if any, between them for information release or data sharing as specified in Exhibit 1. Request and Safeguard Plan. In the event contract renewal negotiations are not completed prior to the contract expiration date, both parties agree that services shall be provided by the Agency and accepted by Recipient, subject to all original terms and conditions of the contract, for a period not to exceed ninety (90) days following the original contract expiration date. During the holdover extension period, costs shall remain at the rate in effect immediately prior to expiration of the original contract period and all other terms and conditions shall remain in effect. Remainder of page intentionally left blank. Information Release Contract Attachments— March 2024 TWC Contract Number:2924EDE006—BRAZOS COUNTY Page 5 of 9 ✓VI.UJKUI I LA IVCIVFJ6 ILO. ILI LLIJOIJ91/vv-YLVG-nvvL-✓'fuvVlvvvl/v TEXAS WORKFORCE COMMISSION INFORMATION RELEASE CONTRACT Attachment B SAFEGUARDS FOR TWC INFORMATION 1. "Recipient" in this Contract shall maintain sufficient safeguards over all TWC Information to prevent unauthorized access to or disclosure of TWC Information: "TWC Information"means records maintained by Agency (TWC), and records obtained by Recipient from Agency under this Contract, including(1)records and data compilations provided electronically, on paper, or via online access or e-mail,(2) records and data compilations that Recipient has converted into another format or medium (such as handwritten or electronic notes), and(3) records and data compilations incorporated in any manner into Recipient's records, files, or data compilations. 2. Monitoring. Recipient shall monitor its Users' access to and use of TWC Information and shall ensure that TWC Information is used only for the following"Limited Purpose"as set forth in Exhibit 1, Request and Safeguard Plan. Recipient shall also ensure that TWC Information is used only for purposes authorized by law and in compliance with all other provisions of this Contract. 3. Storage. Recipient shall store TWC Information in a place physically secure from access by unauthorized persons. 4. Protection. Recipient shall store and process TWC Information, including that maintained in electronic format, such as magnetic tapes or discs, in such a way that unauthorized persons cannot obtain TWC Information by any means. 5. Access. Recipient shall undertake precautions to ensure that only authorized personnel are given access to TWC Information stored in computer systems. 6. Instruction. Recipient shall instruct all personnel having access to TWC Information about all confidentiality requirements including the requirements of 20 C.F.R. Part 603 as well as the sanctions specified in this Contract and under state and federal law for unauthorized disclosure of TWC Information. Recipient acknowledges that all personnel who will have access to TWC Information have been instructed as required. 7. Disposal. Please refer to Appendix 2, Section 3. 8. System. Recipient shall establish and maintain a system sufficient to allow an audit of compliance with the requirements of this Attachment B and the other provisions of this Contract. 9. No Disclosure or Release. Recipient shall not disclose or release any TWC Information other than as permitted in this Contract, without prior written consent of Agency. 10. Unauthorized Disclosure. It is a breach of this Contract to disclose TWC Information orally, electronically, in written or printed form, or in any other manner without the prior written consent of Agency: 10.1 to any contract employee of Recipient or any individual not employed by Recipient; 10.2 to another government entity, including a law enforcement entity; 10.3 to Recipient employees who do not have a need to use TWC Information for the Limited Purpose. 11. Authorized Disclosure. TWC Information may only be disclosed: 11.1 to employees under the direct hiring-and-firing control of Recipient who have a need to use the TWC Information for the Limited Purpose(s); and Information Release Contract Attachments— March 2024 TWC Contract Number:2924EDE006—BRAZOS COUNTY Page 6 of 9 1-/UI:U'I9II CI IVCIUJJC IV. IC/CCVA✓'n!Vli-YL✓G-nvVG-JYu,. TEXAS WORKFORCE COMMISSION INFORMATION RELEASE CONTRACT 11.2 in a criminal judicial proceeding if the TWC Information is introduced in court as a sealed record with access limited to the prosecutor, defendant,judge, and jury. 12. Security Violation. Recipient shall monitor access of Users and shall notify Agency within twenty-four(24) hours if a security violation of this Contract is detected, or if Recipient suspects that the security or integrity of TWC Information has or may have been compromised in any way. 13. Format. TWC Information is subject to the requirements of this Contract even if the TWC Information is converted by Recipient into another format or medium, or incorporated in any manner into Recipient's records, files, or data compilations. 14. Access Limited. Recipient shall limit access to TWC Information to its employees who need access to achieve the Limited Purpose. 15. Mobile Device and Removal. Recipient shall not place TWC Information on mobile, remote, or portable storage devices, or remove storage media from Recipient's facility, without the prior written authorization of Agency. 16. Public Information Act. Under Texas Labor Code § 301.085, TWC Information is not"public information"for purposes of the Public Information Act,Texas Government Code, Chapter 552. Recipient shall not release any TWC Information in response to a request made under the Public Information Act or under any other law, regulation, or ordinance addressing public access to government records. 17. Subpoena. Recipient shall notify Agency within twenty-four(24) hours of the receipt of any subpoena, other judicial request, or request for appearance for testimony upon any matter concerning TWC Information. Federal regulations dictate the handling of subpoenas for TWC Information. Recipient shall comply with the requirements of 20 C.F.R. § 603.7 in responding to any subpoena, other judicial request, or request for appearance for testimony upon any matter concerning TWC Information. 18. Federal Regulation. Recipient shall comply with all requirements of Safeguards for TWC Information as required by 20 CFR Part 603 and this Contract relating to safeguarding TWC Information and ensuring its confidentiality. 19. Unauthorized Lookup. A User shall not access TWC Information listed under the User's SSN or the SSN of a co- worker, family member, or friend. 20. Screening—Online Users. Recipient shall screen potential Users and seek online access only for employees that Recipient has determined pose no threat to the security of TWC Information. 21. Screening—All Handlers. Recipient shall permit access to TWC Information only to employees that Recipient has determined pose no threat to the security of TWC Information. 22. Internet. Recipient shall not transmit any TWC Information over the Internet unless it is encrypted using at least 256-bit AES encryption and the current FIPS 140 series encryption standards. 23. Screen Dump. Recipient's security guidelines shall ensure that any screen dump or other extraction of TWC Information will be protected from unauthorized use or disclosure. 24. No Transfer. Recipient shall not transfer the authority or ability to access or maintain TWC Information under this Contract to any other person or entity. Remainder of page intentionally left blank. Information Release Contract Attachments— March 2024 TWC Contract Number:2924EDE006—BRAZOS COUNTY Page 7 of 9 DocuSign Certificate Of Completion Envelope Id: 1E7EEB9DA7DC4ED2ACO254BC840004AA Status:Completed Subject:Please Docusign:Brazos County fbo Constable PCT 1_2924EDE006_AMD 1 docSeqld: docType: Source Envelope: Document Pages:17 Signatures: 1 Envelope Originator: Certificate Pages:1 Initials:0 Elizabeth Gonzales AutoNav:Enabled 101 E. 15th Street,Room 0154-B Envelopeld Stamping:Enabled Austin,TX 78778 Time Zone:(UTC-06:00)Central Time(US&Canada) elizabeth.gonzales@twc.texas.gov IP Address:99.156.89.246 Record Tracking Status:Original Holder:Elizabeth Gonzales Location:DocuSign 8/5/2024 1:07:00 PM elizabeth.gonzales@twc.texas.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:Texas Workforce Commission-Production Location:DocuSign Account Signer Events Signature Timestamp John Greytok �/ Sent:8/5/2024 1:08:18 PM john.greytok@twc.texas.govCl* "o�/ Viewed:8/5/2024 4:29:28 PM Senior Adviser to the Executive Director Signed:8/5/2024 4:31:00 PM Texas Workforce Commission Security Level:Email,Account Authentication Signature Adoption:Pre selected Style (None) Using IP Address:204.64.228.9 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps, Envelope Sent Hashed/Encrypted 8/5/2024 1:08:18 PM Certified Delivered Security Checked 8/5/2024 4:29:28 PM Signing Complete Security Checked 8/5/2024 4:31:00 PM Completed Security Checked 8/5/2024 4:31:00 PM Payment Events Status Timestamps AMENDMENT#1 TO 24-122 TREE REMOVAL SERVICES THIS AMENDMENT TO 24-122 Tree Removal Services for Brazos County ("Amendment") is entered into and effective this 20th day of August, 2024 ("Effective Date") through July 31, 2026 ("Expiration Date") by and between Brazos County ("Customer"), and The Urban Foresters LLC ("Provider") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement(as defined below)unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract# 24-122 ("Agreement") for purposes of The Urban Foresters to provide of the service for tree removal services for Brazos County; and WHEREAS,the Parties desire to amend the pricing as set forth in original contract#24-122. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Correcting line item#l8 on bid tabulation from$300.00 per Portable Changeable Message Signs per project to $300.00 per'Portable Changeable Message Signs per day. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. COUN THE URBAN FORESTERS LLC Si ature ^ Signature U, f A`�e- Pe-r S Kyle Kilgore iJJJ 4i��l,_. ` Name Na/' O a e3 r"-( ` LA_06�' Certified Arborist-Gov.Contract Rep Title/ �-j J y Title 123 l oZ 1 �Oa T 8/14/24 Date Date T Brazos County `*,,o 4 Purchasing Department ,; 200 S.TX.AVE.,STE 352 BRYAN,TX 77803 PHONE(979)361-4292 FAX(979)361-4293 Addendum #1 to Bid# 24-122 Tree Removal Services • - Issued: July 22,2024 Change: Pre-Bid Walk-Through and Bid Submission Date Reason: Weather Forecast Due to weather conditions the schedule pre-bid site walkthrough will be held at Boonville Heritage Park and Cemetery located at 2421 Bonneville Rd,Bryan,Texas 77802 on Tuesday July 30th,2024, at 9:00 AM.This meeting is highly recommended. This will cause the bid submission date to extend a week so the new date. Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 p.m., Tuesday, August 6, 2024, at which time bids will be publicly opened and read aloud. is Exhibit This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: 1/4, ,40.,-.6 - Signature: Printed Name: IKy it Kaqort-- -- nF p. Brazos County *a' : Ao Purchasing Department +fry' o- *t 200 S.TX.AVE.,STE 352 BRYAN,TX 77803 • • PHONE(979)361-4292 FAX(979)361-4293 • Addendum #2 to Bid# 24-122 Tree Removal Services Issued: August 1,2024 Change: Specifications and Quote along with the Pre-Bid Sign In sheet Reason: Correction to number of trees at Boonville and sizes of all trees. The Specifications should read as follow: E. SPECIFICATIONS Brazos County is soliciting quotations for tree removal services for eighty-eight(88)cedar trees, six (6) stamps, and other various size trees at the Boonville Cemetery and various sized trees along County roads in the rights of way and other special projects. All tools, implements, personnel,supervision,labor,supplies,equipment,vehicles,and all effort necessary to carry out the services are required for this operation will be provided by the Contractor. BRAZOS COUNTY ROADWAYS • 13.Contractor will start within two(2)weeks of Road&Bridge request of service. F. QUOTE The following is an estimate of our anticipated quantities and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period.This contract has some items that are on as need basis therefore, it is unknown the quantity that Brazos County will need services for throughout the contract term.Pricing should include all expenses including the hauling of trees for disposal unless specify otherwise. BOONVILLE HERITAGE PARK&CEMETARY Contractor may be required to remove existing stumps where tree has previously fallen or has been cut and removed by the Contractor or others. Contractor will provide a unit cost per tree to be at ground , level to include stump and all roots.THERE WILL BE NO STUMP GRINDING. Estimated Size Cost/Tree Quantity 1. 4"—less than 13"Diameter Tree Removal 37 $250 2. 13"—less than 19"Diameter Tree Removal 31 $300 3. 19"—less than 25"Diameter Tree Removal 8 $450 4. 25"—less than 31"Diameter Tree Removal 5 $1 5. 31"—less than 37"Diameter Tree Removal 5 $1 6. 37"—less than 43"Diameter Tree Removal . 5 $1 7. 43"—less than 48"Diameter Tree Removal 5 $1 8. 48"—less than 61"Diameter Tree Removal 5 $1 9. 61"—less than 72"Diameter Tree Removal 5 $1 10 Stump Removal/Grinding 6 $75 11. Number of days to complete project 10 days ROAD&BRIDGE ROADWAYS Contractor may be required to remove existing stumps and tree(s)where a tree has previously fallen or has been cut and removed by the Contractor or others.Contractor will provide a unit cost per stump to be removed/grinded old and new stumps.Measurements are based on 5 feet from the ground. Size Cost 11. 4"—less than 25"Diameter Tree Removal $1200 /Tree 12. 25"—less than 43"Diameter Tree Removal $1200 /Tree 13. 43"—less than 72"Diameter Tree Removal $1 /Tree 14. Less than 12"Diameter Stump Removal/Grinding $60 /Stump 15. More than 12"Diameter Stump Removal/Grinding $120 /Stump I6. Tree Trimming, Tree, Brush, and Debris Removal $90/man fHom. Cost/Hour 17. Portable Changeable Message Signs $300 /Sign SPECIAL PROJECTS Size Cost/Tree 18. 4"—less than 13"Diameter Tree Removal $240 19. 13"—less than 19"Diameter Tree Removal $360 $720 20. 19"—less than 25"Diameter Tree Removal • 21. 25"—less than 31"Diameter Tree Removal $2000 22. 31"—less than 37"Diameter Tree Removal $2400 23. 37"—less than 43"Diameter Tree Removal $1 24. 43"—less than 48"Diameter Tree Removal $1 25. 48"—less than 61"Diameter'Tree Removal $1 26. 61"—less than 72"Diameter Tree Removal $1 Contractor may be required to remove existing stumps where a tree has previously fallen or where tree has been cut down by others.Contractor will provide a unit cost per stump to be removed/grinded for those instances. 27. Less than 12"Diameter Stump Removal/Grinding $60 /Stump 28. More than 12"Diameter Stump Removal/Grinding $120 /Stump 29. Tree Trimming and Brush&Debris Removal Cost/Hour $90/man /Hour • This addendum should be signed by an authorized representative of the respondent and.returned with the bid documents as specified in the bid. Acknowledgement of Addendum: _6/4_ Signature: Printed Name: Kitc. (.c t j 0t ,,G .• c,,Y oust* 0. � i :G '1 I0. ; al4 )O • REQUEST FOR BID BID NO. 24-122 Tree Removal Services SEALED BIDS TO BE SUBMETTED BEFORE: Tuesday, July 30, 2024, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979)361-4290 Fax: (979)361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent,regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. Any such contact will be grounds for rejection of the Respondent's bid. In compliance with this solicitation, the undersigned Respondent(s)having examined the solicitation and specifications and being familiar with the conditions to be met,hereby submits the following bid for furnishing the material and/or services listed on the attached Bid Form and agrees to deliver said items at the locations and for the prices set forth on the Bid Form. Company Name: The Urban Foresters,LLC By(Print): Kyle Kilgore Title: CertifiedArborist 12703 Stafford Road,Stafford,TX 77477 Physical Address: Mailing Address: 12703 Stafford Road,Stafford,TX 77477 Telephone:855-255-5212 Fax: N/A E-Mail: kyle@theurbanforesters.com Bid No. 24-122 Page 2 of 16 • Bids will be received at the Brazos County Administration Building,Purchasing Department, 200 South Texas Ave Suite 352,Bryan,Texas prior to 2:00 p.m., Tuesday,July 30, 2024 at which time bids will be publicly opened and read aloud. A pre-bid site walkthrough will be held at Boonville Heritage Park and Cemetery located at 2421 Bonneville Rd, Bryan, Texas 77802 on Tuesday July 23rd, 2024 at 9:00 AM. This meeting is highly recommended. A. SCOPE OF BID Brazos County is soliciting quotations for seventy-nine(79)cedar trees and two(2)non cedar trees to be cut down and removed at Boonville Heritage Park and Cemetery, Brazos County Road and Bridge County Roadways,and other special projects set forth in this bid request for a two(2)year period beginning August 1, 2024 through July 31, 2026 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING 1. The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request.All Respondent(s)are required to be informed of these terms and conditions and will be held responsible for having done so. 2. Definitions:In order to simplify the language throughout this bid,the following definitions shall apply: a. BRAZOS COUNTY— Same as County. b. COMMISSIONERS COURT—The elected officials of Brazos County,Texas given the authority to exercise such powers and jurisdiction of all County business as conferred by the State Constitution and Laws. c. CONTRACT — An agreement between the County and a Contractor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR—The successful Respondent(s) of this bid request. e. COUNTY — The government of Brazos County, Texas and its authorized representative. f. SUB-CONTRACTOR — Any contractor hired by the Contractor or supplier to furnish materials and services specified in the bid request. g. RESPONDENT—Any supplier or vendor responding to the bid request. 3. Upon acceptance and approval by the Commissioners Court, this bid effects a working contract between Brazos County and the Contractor for the period designated. Bid No. 24-122 Page 3 of 16 4. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered;the Respondent(s)must have the bid actually delivered to and received by the Purchasing Department. 5. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered.Respondent(s)with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace at https://brazosbidionwave.net. 7. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 8. Respondent(s) must include Tax Identification Number for the bid to be valid. 9. Should there be a change in ownership or management; the Contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the Contract with its present provisions and prices. This Contract is nontransferable and may not be reassigned by either party. 10. The County may cancel this Contract at any time for any reason, provided a thirty-day written notice is given. 11. The bid award shall be based on, but not necessarily limited to,the following factors: a. Unit Price b. Extended price c. Special needs and requirements of Brazos County d. Results of testing samples(if required by Brazos County) e. Delivery £ References g. Brazos County's experience with products bid h. Respondent's past performance record with Brazos County 12. Although the cost of products to be provided is an essential part of the bid,Brazos County is not obligated to award a contract on the sole basis of cost but will award to Respondent considered to be the best value to Brazos County. Bid No. 24-122 Page 4 of 16 13. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the Contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 14. Title and risk of loss of the goods shall not pass to Brazos County until the County accepts and takes possession of the goods at the point or points of delivery. 15. This Contract shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this Contract, when applicable. 16. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the Respondent(s)to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 17. Bids must specify the number of consecutive calendar days required to deliver the commodities or perform work under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding a contract. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled, and the Contractor barred from bidding in future solicitations. 18. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 19. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Respondent Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch,nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids not received prior to the expressed date and time listed in this bid will be reiected or returned unopened to the Respondent(s).Bids submitted to any other person or department other than the Brazos County Purchasing Department will not be accepted. 20. It is the Respondent's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized Bid No. 24-122 Page 5 of 16 representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page,House Bill 89&Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the Respondent(s) agrees to comply with HB 1295,Government Code 2252.908,if awarded a contract. Respondent(s)agrees to provide Brazos County the"Certificate of Interested Parties",Form 1295 as required,for renewals, amendments, or extensions to the Contract. Visit https://ethics.state.tx.us/whatsnew/elf info form1295.htm for more information. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda or their proposal may be considered non-responsive. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos Valley e-Marketplace (https://brazosbid.ionwave.net) after bid award by Commissioner's Court. 23. The bid specifies the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the contract. If the job cannot be completed within the terms of the contract as determined by Brazos County,Brazos County will suffer further loss.Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agree to as liquidated damages, for each additional calendar day of delay past the thirty (30) days stated in the contract: Two Hundred Fifty Dollars ($250.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. • 24. Brazos County reserves the right to extend this Contract annually fora maximum of three ' (3) additional, one (1) year periods with no changes in the terms or conditions of this Contract, if agreed upon by both parties. 25. The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter-local cooperation agreement(s)with Brazos County. Bid No. 24-122 Page 6 of 16 26. Three (3)references are to be provided by Respondent. Failure to submit references may result in disqualification of bid.Brazos County department references will not be accepted. 27. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 28. Any subcontracting must be approved by Brazos County prior to commencement of the Contract. 29. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 30. Any brand name, or manufacturer's reference used is considered to be descriptive—not restrictive—and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages or quantity of the items listed in the bid. If notation of substitution in not made, it is assumed the Respondent(s)is bidding the item specified. 31. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 32. In the event the Contractor is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this Contract to be canceled. 33. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the Contractor in completion of the Contract. This term supersedes any contradicting terms throughout the Contract and/or any attachments. 34. The Contractor should submit itemized invoices with clearly marked remittance copies to the following address: Bid No. 24-122 • Page 7 of 16 Brazos County ATTN: Auditors .P.O.Box 914 Bryan, TX 77806 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory.delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the Contractor only, and shall not include sub- contractors, assignees, or any other party. 35. As a governmental subdivision, Brazos County is.exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request from County. 36. Upon award of Contract for any commodity or materials purchased by Brazos County,the Contractor agrees to protect the County from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from the Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 38. This bid shall be governed by the laws of the State of Texas and Potential Respondent(s) and the subsequent Contractor(s) are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of$250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County,County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. `39. Venue for any dispute, shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 40. Respondent(s)understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This Bid No. 24-122 Page 8 of 16 provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 41. Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. 42. The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. 43. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry,then such code conditions shall prevail. 44. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. C. INSURANCE REQUIREMENTS 1. The Contractor shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Contractor shall furnish and keep in full force the following insurance during the term of this Contract: 3. Statutory Workmen's Compensation or $1,000,000 Employer's Liability Insurance with waiver of subrogation. 4. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, $500,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. a. Commercial Automotive Liability with $500,000 CSL for Bodily Injury and Property Damage Liability with Brazos County named as additional insured. b. Cargo Insurance to sufficiently cover materials transported. Bid No. 24-122 Page 9 of 16 5. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Contractor receives notification of award. 6. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Contractor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Contractor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. D. REFERENCES Respondent(s)shall provide a list of at least three(3)references,where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Respondent(s)are not allowed to use Brazos County as a reference. Company/Entity: Harris County Flood Control District Contact: Rowdy Born Phone: 346-286-4048 Email: rowdy.born@hcfcd.hctx.net • Company/Entity: City of Rosenberg Contact: Doug Gorka Phone: 832-595-3579 dgorka@rosenbergtx.gov Email: Bid No. 24-122 Page 10 of 16 Company/Entity: Galveston County Park Department&Road and Bridge Contact: Chris Beanland Phone: 409-682-3985 Email: christopher.beanland@co.galveston.tx.us E. SPECIFICATIONS Brazos County is soliciting quotations for tree removal services for seventy-nine(79) cedar trees and other various size trees at the Boonville Cemetery and various sized trees along County roads in the right of ways and other special projects. All tools implement, personnel, supervision, labor, supplies, equipment,vehicles,and all effort necessary to carry out the services are required for this operation will be provided by the Contractor. BOONVILLE HERITAGE PARK AND CEMETERY 1. All workers are required to always wear personal protective equipment on the jobsite. 2. Brazos County will mark trees that are to be removed with an orange color"X" or with caution tape. 3. The Contractor will coordinate the date and time of service with.Brazos County Landscape point of contact. 4. The Contractor is responsible for any damages caused to private property such as,but not limited to, fences, gates, or other structures. If an existing structure shows damage, Contractor, needs to bring the existing damage to the attention of the job supervisor prior to starting work. All damage caused by the Contractor should be repaired immediately and to the satisfaction on the landowner. 5. The Contractor shall quote tree removal and debris removal on cost per tree and project. Prices quoted will remain firm for the duration of this contract and cannot be changed once submitted. 6. There are different species and sizes of trees that may need to be cut down and removed. 7. Trees located in the Boonville Heritage Park and Cemetery, could be surrounded by headstones,markers,and antique fencing all which are irreplaceable. These trees will need to be cut down without disturbing or damaging any headstones, markers, or fencing. In some cases,it will be required and will be the responsibility of the Contractor,if necessary, Bid No. 24-122 Page 11 of 16 to secure branches and cut trees down or trim them in segments. It is the Contractor's responsibility to take caution to not hit any of the headstones, markers, and fencing. 8. For trees located close to any buildings or fences, Contractor will be responsible for equipment and personnel needed to move trees.In some cases,it will be required and will be the responsibility of the Contractor, if necessary, to secure branches and cut trees down or trim them in segments. 9. Contractor shall remove the stump & all roots to ground level. Anything under 4" in diameter will need to be hauled off by the Contractor. Contractor may need to grind limbs and protruding roots depending on the location and instructions of Brazos County Landscape. Anything under 4" in diameter will need to be hauled off by the Contractor. 10. The trunks and/or limbs 4" and above will need to be moved to the exits of the park(still within the gate)for pick-up by the Texas Historical Commission. Trees will be donated to Texas Historical Commission. 11. All remaining material and debris should be hauled away from the site by the contractor. BRAZOS COUNTY ROADWAYS 1. All workers are required to always wear task specific PPE on the j obsite. • 2. Contractor must provide traffic control in accordance with the latest edition of the TMUTCD. Traffic control is considered subsidiary to the items of the contract. 3. Road & Bridge Department will mark trees that are to be removed or trimmed with an orange colored"X" and a number. 4. Contractor will trim or remove the trees under the supervision of an authorized employee of the Road&Bridge Department. The County Engineer or job supervisor will approve all authorized Brazos County job supervisors prior to work being performed for each job and will communicate to the Contractor. 5. Contractor is responsible for consulting with the County Engineer or job supervisor prior to any trees being cut,trimmed, or removed from its standing position. 6. Contractor is responsible for any damages caused to private property such as but not limited to fences or gates.If the fence existing conditions shows damage,Contractor needs to bring the existing damage to the attention of the County Engineer or the job supervisor. All damage caused by the Contractor shall be repaired immediately and to the satisfaction of the landowner. 7. When directed by the job supervisor to completely remove a tree, Contractor will remove all stumps to a depth of 3" below the ground level and backfill any resulting holes to the same level of the surrounding ground. Bid No. 24-122 Page 12 of 16 8. When directed by the job supervisor to trim trees, Contractor will neatly trim the limbs that are necessary to clear the path of utility lines or obstruction of line-of-sight. 9. All trees and brush will be removed from county right of way. Trees are not to be left in roadway at any time. If cut trees must left in Right of Way for unforeseen reasons, Contractor must be given approval and trees must be clearly marked with reflective cones. 10. Contractor will be responsible for repairing any ruts that are made by the Contractor in any county ditches. 11. Contractor is responsible for disposing of trees and brush. If needed, the County may provide disposal areas for trees, if room is available in County yards. 12. Contractor shall quote tree and brush removal per tree. SPECIAL PROJECTS 1. Brazos County may have special projects which will require trees to be cut down and removed in special areas such as buildings, event centers, and other county owned locations. 2. Contractor will be required to provide the equipment, personnel, needed to safely remove or trim trees. 3. There are several different species and sizes of trees that may need to be trimmed or cut down and removed from the special project locations throughout the term of this Contract. 4. Contractor will be notified by Brazos County Landscaping Team when any trees will need to be cut down, removed, or trimmed for special projects. Trees located at the special project locations will be marked with a number and/or ribbon. 5. For trees located close to buildings, Contractor will be responsible for equipment and personnel needed to trim or remove trees. It is the Contractor's responsibility to take caution to not hit any building or windows. In some cases, it will be required and the responsibility of the Contractor,if necessary,to secure branches and cut trees down or trim • them in segments. 6. Trees located next to a building may need the stump ground if instructed by the Brazos County Landscaping Team. 7. Contractor shall quote tree trimming for the special locations on price per tree. • 8. Contractor shall quote tree cut down and removal for the special project locations in accordance with the diameter of the tree. Bid No. 24-122 Page 13 of 16 F. QUOTE The following is an estimate of our anticipated quantities and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. This contract has some items that are on as need basis therefore, it is unknown the quantity that Brazos County will need services for throughout the contract term. BOONVILLE HERITAGE PARK&CEMETARY U Oc n Li " O ,{ ia,trie 1 i r1D A S Size Estimated V� Cost/Tree Quantity 1. 4"— 12"Diameter Tree Removal 37 2 S D 2. 13"— 18" Diameter Tree Removal 31 3 0 0 3. 19"—24" Diameter Tree Removal 8 4 5 D 4. 25"—30"Diameter Tree Removal 5 5. 31"—36"Diameter Tree Removal 5 6. 37" —42"Diameter Tree Removal 5 7. 43"—47"Diameter Tree Removal 5 8. 48" —60"Diameter Tree Removal 5 1 9. 61"—72" Diameter Tree Removal 5 1 10. Number of days to complete project 't O ROAD&BRIDGE ROADWAYS Contractor may be required to remove existing stumps where a tree has previously fallen or has been cut and removed by the Contractor or others. Contractor will provide a unit cost per stump to be removed/grinded old and new stumps. Measurements are based on 5 feet from the ground. Size Cost/Tree 11. 4"—24"Diameter Tree Removal 11, 00 12. 25"—42"Diameter Tree Removal ( 2, 00 13. 43"—72 Diameter Tree Removal Bid No. 24-122 Page 14 of 16 14. Less than 12"Diameter Stump Removal/Grinding 15. More than 12"Diameter Stump Removal/Grinding ZD 16. Tree Trimming and Brush&Debris Removal Cost/Hour 410/wA4 17. Portable Changeable Message Signs 300 SPECIAL PROJECTS Size Cost/Tree 18. 4"— 12"Diameter Tree Removal 2L(O 19. 13"— 18"Diameter Tree Removal 3(90 20. 19"—24"Diameter Tree Removal 21. 25"—30"Diameter Tree Removal Dab 22. 31"—3 6" Diameter Tree Removal ZM O 0 23. 37"—42"Diameter Tree Removal I 24. 43"—47"Diameter Tree Removal 25. 48"—60"Diameter Tree Removal 26. 61" —72"Diameter Tree Removal Contractor may be required to remove existing stamps where a tree has previously fallen or where tree has been cut down by others. Contractor will provide a unit cost per stump to be removed/grinded for those instances. 27. Less than 12" Diameter Stump Removal/Grinding Go 28. More than 12"Diameter Stump Removal/Grinding 12,0 29. Tree Trimming and Brush&Debris Removal Cost/Hour 9 d/vx0/'1 Bid No. 24-122 Page 15 of 16 G. CERTIFICATION OF BID By signing the certification below, the Respondent verifies that all plans and specifications have been reviewed and are considered in the pricing attached. Prior to award, the Respondent also completes the Verification of No Delinquent Taxes or Fees form (V.T.C.A. LOCAL GOVERNMENT CODE §262.0276), Legislative Certification Form, and the Disclosure of Interested Parties (1295). These are available on the Brazos County Purchasing website. The undersigned affirms that they are duly authorized execute this contract,that this quote has not been prepared in collusion with any other vendor, and that the contents of this quote have not been communicated to any other vendor prior to the official opening of this quote. Signed By: Kyle Kilgore Certified Arborist Typed Name: Title: Company Name: The Urban Foresters,LLC Phone: 855-255-5212 Mailing Address: 12703 Stafford Road,Stafford,TX 77477 Email Address: kyle@theurbanforesters.com Vendor Tax Identification Number: 27-3435238 END OF BID REQUEST NO. 24-122 TREE REMOVAL SERVICES By signing below, Brazos County agrees that this bid, 24-122 will be awarded as dictated on the associated bid tabulation she the Respondent whose name appears above and both parties agree to terms and condition containe erein. By: Brazos County Commissioner's Court: Dart-Ni am-P s CowoT`/ J R (.t0G.6 Date: A tit Co US i a7i &Q L Attes . ./ Brazos County Clerk: 1< Adz-fc0 M C Oi .t=ed Bid No. 24-122 Page 16 of 16 The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. Ei References (Section D) DI All Addendums (if applicable) Eqr Quote(Section F) Gi Certification of Bid (Section G) Bid Tabulation#24-122 Tree Removal Service August 1,2024-July 31,2026 The Urban Foresters LLC F&F Expert LLC Services, Green Teams Inc. Rios Tree Service Boonville Heritage Park Estimated Extended Extended Extended Extended Description Quantity Cost ITree Cost Cost/Tree Cost Cost/Tree Cost Cost/Tree Cost 1 4"-less than 13"Diameter Tree Removal 37 $250.00 $9,250.00 $225.00 28,325.00 $180.00 $6,660.00 $400.00 $14,800.00 2 13"-less than 19"Diameter Tree Removal 31 $300.00 59,300.00 $300.0D $9,300.00 $225.00 $6,975.00 2400.00 $12,400.00 3 19"-less than 25"Diameter Tree Removal 8 $450.00 $3,600.00 2500.00 $4,000.00 5270.00 $2,160.00 $400.00 53,200.00 4 25"-less than 31"Diameter Tree Removal 5 $1.00 $5.00 $600.00 $3,000.00 $315.00 51,575.00 $400.00 $2,000.00 5 31"-less than 37"Diameter Tree Removal 5 $1.00 $5.00 5750.00 53,750.00 $360.00 $1,800.00 $500.00 $2,500.00 6 37"-less than 43"Diameter Tree Removal 5 $1.00 $5.00 5900.00 $4,500.00 $405.00 $2,025.00 $600.00 53,000.00 7 43"-less than 48"Diameter Tree Removal 5 51.00 $5.00 $1,100.00 $5,500.00 $450.00 52,250.00 $1,200.00 $6,000.00 8 48"-less than 61"Diameter Tree Removal 5 $1.00 $5.00 $1,200.00 26,000.00 $495.00 52,475.00 $1,400.00 $7,000,00 9 61"-less than 72"Diameter Tree Removal 5 $1.00 $5.00 $1,400.00 $7,000.00 $540.00 52,700.00 $1,500.00 $7,500.00 10 Stump Removal/Grinding 6 575.00 $450.00 $300.00 51,800.00 $288.13 $1,728.78 $125.00 5750.00 11 Number of days to complete project 10 days 20 days 22.5 working days 45-60 Total $22,630.00 553,175.00 $30,348.78 $59,150.00 Road&Bridge Roadways 12 4"-less than 25"Diameter Tree Removal 1 $1,200.00 $1,200.00 NIA $400.00 13 25--less than 43"Diameter Tree Removal 1 $1,200.00 5500.00 NIA 51,200.00 14 43"-less than 72"Diameter Tree Removal 1 $1.00 $3,500.00 N/A 51,500.00 15 Less than 12"Daimler Stump 1 $60.00 $200.00 NIA $125.00 RemovallGrinding 16 More than 12"Diameter Stump 1 5120.00 $300.00 NIA 2175.00 RemovallGrinding 17 Tree Trimming Tree,Brush,and Debris 1 $901man 5125 per hour N/A $185.00 Removal 18 Portable Changeable Message Signs 1 $300.00 5650.00 NIA $0.00 Total $2,971.00 $6,475.00 $0.00 $3,585.00 SPECIAL PROJECTS 19 4"-less than 13"Diameter Tree Removal 2240.00 $600.00 NIA 5400.00 20 13'-less than 19"Diameter Tree Removal iiiml` 5360.00 2750.00 NIA $400.00 21 19"•less than 25"Diameter Tree Removal I $720.00 $900.00 NIA 5400.00 22 25"-less than 31"Diameter Tree Removal ' $2,000.00 $1,200.00 NIA 5400.00 23 31"less than 37"Diameter Tree Removal I $2,400.00 $1,500.00 NIA 5500.00 24 37"-less than 43"Diameter Tree Removal 51.00 $2,000.00 N/A $600.00 25 43"-less than 48"Diameter Tree Removal ' $1.00 52,500.00 WA $1,200.00 26 48"-less than 61"Diameter Tree Removal $1.00 53,000.00 NIA $1,400.00 27 61"-less than 72"Diameter Tree Removal l $1.00 53,500.00 NIA $1,500.00 Less than 12"Daimter Stump Imo~ 28 RemovallGrinding $fi0.00 $200.00 NIA $125.00 29 More than 12"Diameter Stump 1 I $120.00 NIA RemovallGrindingr $300.00 $175.00 30 Tree Trimming,Brush,and Debris Removal t - 1 $90.001man $125.00 NIA $185.00 Total 55,904.00 515,575.00 $0.00 57,285.00 TOTAL FOR ALL PRICING I r 31,595.00 76,225.000 30,348.780 70,020.000 MMEND TION: The Urban Foresters,LLC pproved b Corn Issloner' n this 1 day of AA(D MLL 1,2024 by e position of CULLO 1.4 3'....-Oen srnarsh® Order Form (#Q-64620)(Service Account Number: 302832 ) Renewal - Brazos County, TX Account Rep Smarsh Administrator Customer Brazos County,TX Email mis@smarsh.com Service Address 200 5 Texas Ave Ste 352 Bryan, Texas 77803-3999 Prepared on 12-Mar-2024 Valid until 19-Aug-2024 Billing Contact Helen Cook Contact Phone +19796930201 Start Date 20-Aug-2024 Contact Email hcook@brazoscountytx.gov Renewal Date 20-Aug-2025 Technical Contact Kaltlyn Battles Billing Frequency Annual Order Type Renewal Unit Price Minimum Minimum Services • Quantity Commitment Unified 1 Platform-Professional Archive-SMG $637.62 1 $637.62 AT&T Mobile Message-Professional Archive Capture $102.90 399 $41,057.10 Verizon-Professional Archive Capture $102.90 1 $102.90 Annual Recurring Service Fees Subtotal $41,797.62 One-Time Fees Subtotal $0.00 Notes • US:+1(866)762-7741 UK:+44(0)800-048-8612 www.smarsh.com smarsh® Terms & Conditions The Services are subject to the terms and conditions of this Order Form and (i) The Smarsh Service Agreement-General Terms executed between parties on 2019-08-20,as amended,(ii)the Service Specific Terms referenced in or attached to this Order Form,. and (III) any exhibits or attachments to this Order Form that may amend, supersede, or append the terms referenced herein (collectively"Agreement"): SERVICE SPECIFIC TERMS •The Professional Archive Service Specific Terms available at https://www.smarsh.com/legal/SSTProfessionalCloud; •Mobile Channels Service Specific Terms available at https://www.smarsh.com/legal/SSTMobileChannels; TERM The Term of the Services will begin on the Start Date set forth the on the first page of this Order Form,or if no Start Date is stated, the execution date of this Order Form,and will continue for the Subscription Term specified on the first page of this Order Form.For Services added during Client's existing Term,the Term of the Services will sync to and co-terminate upon Client's Renewal Date set forth above. Renewal of the Services is subject to the terms of the Agreement. INVOICING • The Recurring Service Fees and One-Time Fees("Fees")will be invoiced at the billing frequency set forth on the first page of this Order Form.For usage overages,Smarsh will invoice Client for any usage over the minimum quantities at the same per unit rate as indicated In the first page of this Order Form on a regular basis In arrears.Client agrees that the Recurring Services Fees set forth in this Order Form are Client's minimum commitment for the Term. DATA MANAGEMENT FEES—PROFESSIONAL ARCHIVE If not priced above or set forth on a separate Order Form between Smarsh and the Client for the applicable data management services requested by the Client,the following standard data import,conversion(if applicable), and storage Fees for data imports Client's Professional Archive shall apply to data imports during the Client's term: Data Imports-One-time Fee (25 GB Minimum) $10.00/GB Import Data Conversion Fee (25 GB Minimum) $3.00/GB Data Storage—Annual $2.50/GB US:+1(866)762-7741 UK:+44(0)800-048-8612 www.smarsh.com The following entitles are fully owned subsidiaries of Smarsh: Digital Reasoning,Entreda,Priwa,Actiance,MobileGuard In the event that any part of the Agreement is between the Client and one of these Affiliates,the references to Smarsh In this Order Form shall be read as referencing the applicable Affiliate. sma rsh® Purchase Order Information Client to Complete: Is a Purchase Order(PO)required for the purchase of the Services on this Order Form? • [ ]. No [ ] Yes—Please complete below PO Number: PO Amount: Upon signature by Client and submission to Smarsh,this Order Form shall become legally binding unless Smarsh rejects this Order Form for any of the following reasons:(i)changes have been made to this Order Form(other than completion of the purchase order Information and the signature block);or(ii)the requested purchase order information or signature is incomplete;or(iii)the signatory does not have authority to bind Client to this Order Form. Client a thorized s:•ature vv.���t% Pam-eg_s By: _ Name: Date: SiLhilitle: C O t o-r4 JUDGE • US:+1(866)762-7741 UK:+44(0)800-048-8612 www.smarsh.com CONTRACT AND AGREEMENT FOR SECURE LONG-TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS SPACE AVAILABLE • STATE OF TEXAS COUNTY OF BRAZOS YOUTH OPPORTUNITY INVESTMENTS,LLC D/B/A ROCKDALE YOUTH ACADEMY Residential Services September 1,2024-August 31,2025 This Agreement is entered into-by and.between Brazos County(the"Contracted County") and Youth Opportunity Investments LLC doing-business as Rockdale Youth Academy,an Indiana limited liability company authorized to do business in the State of Texas,licensed to provide childcare services by the Texas Juvenile Justice Department,and/or any other appropriate State agency with licensure or regulatory authority over this facility("Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision.The placement facility to be utilized is owned and operated by Service Provider,and is located at 696 N FM 487,Rockdale,Texas 76567.The business office of Service Provider is 12775 Horseferry Road,Suite 200,Carmel,Indiana,. 46032. • ARTICLE II TERM 2.01 The term of this agreement is for 1 year,commencing September 1,2024 and ending August 31,2025. ARTICLE III SERVICES 3.01 Service Provider will perform the following services: (1) Provide basic residential services,including:standard supervision by qualified adults, food and snacks,recreation,personal hygiene items,haircuts,transportation,school supplies,room,(rent,utilities,maintenance,telephone),as agreed.by Juvenile Probation. (2) Provide and.document paraprofessional counseling,off-campus visits or furloughs, major incidents and worker contacts.Any and all associated with off-campus visits or furloughs will be paid by the parent or guardian. 1iPage (3) Ensure that the child's parent(s)or legal guardian(s)and Juvenile Probation are notified. if a child in placement makes an unauthorized departure,becomes seriously ill,or is involved in a serious accident.The Probation Officer and parents will be informed immediately if during working hours.After normal working hours,every effort will be made to notify Juvenile Probation and the parents.In the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. (4) Coordinate Multidisciplinary Treatment(MDT)team meetings twice a month(one formal and one informal)while youth is in the program.The Treatment Team consists of the youth,parent/guardian,Therapist,Clinical Director,Education Representative,Assistant Facility Administrator,Medical Staff,Juvenile Probation Officer,Direct Care Staff,and anyone else the team believes needs to be involved. The purpose of the MDT is to evaluate the youth's progress in the program,discuss any concerns or problem,and to give all participants an opportunity to provide input towards the youth's status in medical,safety and security,recreation; education,mental/behavioral health,relationships,socialization,permanence,and parent and child participation.This process also assists the placing county with their completion of the initial case plan/reviews. (5)Maintain.copies of the original Individualized Program Plan and the periodic reviews. (6) Provide the Juvenile Probation Department with a written report of the child's progress on a monthly basis in a Monthly Progress Report. (7)Document and maintain records pertaining to the effectiveness of goods and Services..provided to contracted children.These records shall contain,but are not • limited to:percentage of youth in program successfully achieving set educational goals,percentage of youth achieving set vocational goals,percentage of youth achieving set social skills goals,percentage of youth demonstrating Overall progress,number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect.These records shall be made available to Juvenile Probation for periodic inspection. (8)Any and all medical/psychiatric treatment and medication required to meet the needs of the child,as well as clothing,or Other expenses not provided for in the Service Provider's program,shall be the sole responsibility of the said child's parent(s),guardian(s),court ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation,private health insurance.Medicaid coverage is not active while a child is in secure placement and cannot be utili7Pd to cover any medical expenses.However,in no case shall a child be denied any needed .medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01. The performance.of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the Output and outcome measures contained in this section. Juvenile Probation,at its discretion,may use other means or additional measures to evaluate 2JPag..e the performance of Service Provider in fulfilling the terms and conditions of the Agreement. (1) Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1.1 Ensure children complete residential placement. 2.1 Prevent re-referrals of children during the six(6)months following release from residential placement. • 3.1 Ensure children move down in their Level of Care as they progress in the treatment program. (2) Juvenile Probation shall additionally evaluate Service Provider by the following output 'measures(in actual numbers of units of service and activities): 2.1 The total number of children placed in residential placement. 2.2 The total number of children who were discharged from residential placement successfully. ' 2.3 The total number of re-referrals of children discharged from placements within six(6) months after release. 2.4. The total number of children who move down in their Level of Care. .. 2.5. The average length of time before a child moves down in the Level of Care. (3) Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 3.1 Percentage of children in residential placement who will complete their placement as a successful discharge. 3.2 Percentage of children who have completed their placement and not re-referrals within six(6)months after release. 3.3 Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures.These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this • Agreement. ARTICLE V • COMPENSATION 5.01 For and in consideration of the above-mentioned services,Juvenile Probation agrees to pay the Service Provider the sum of$295.21 per day for each child admitted into the program. The Levels of Care is defined by the Texas Juvenile Justice Department.The daily rate shall be paid to the Service Provider for each day a child is in residential placement • pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider.Youth Opportunity,at its discretion,may increase,daily rates in accordance with the Texas Department of Family and Protective Service(TDFPS)rate schedule.As TDFPS rates increase,Youth Opportunity may increase rates to reflect the current rate of service.If a rate increase is proposed,the Contracted County will be provided $0 days'notice of said increase. 5.02 For children participating in sex offender treatment,the cost of the Offense Summary Polygraph and the Sexual History Polygraph will be paid by the • Service Provider at a rate of$250.00 per exam.Additional polygraphs required due to the child failing one or both of the aforementioned exams will be paid by Juvenile Probation at a rate of$250.00 per exam.The cost is based on the projected actual cost of care for 3IPage. children:in the facility.Payment is due within 30 days of receipt of billing. 5.03 Psychiatric services will be provided at no cost to the county for the initial evaluation and any c,% • follow up evaluation.The service provider will request medical permission before any resident is seen by the psychiatrist.The county is responsible for payment for any labs or medication ' • resulting from the psychiatric visit. 5.04 Service Provider will submit an invoke for payment of services to the Juvenile Probation.Fiscal Officer on a monthly basis.Said invoice shall be submitted with ten(10)working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control,including but not limited to: to be attributed to specific clients if appropriate,date service was rendered,total daily cost,and total monthly cost.Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement.Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.05 If an emergency examination,EMS treatment,health care treatment,and/or hospitalization outside the Facility("Outside Treatment')are required for a child placed in the Facility,the Administrator of the Facility is authorized.to secure the Outside Treatment at the expense of the contracted juvenile department/county.Contracted County agrees to indemnify and hold Service Provider,its officers,administrator,representatives,agents,shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify Juvenile Probation of Outside Treatment within twenty-four(24)hours of its occurrence. 5.06 'Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract.Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices(GAAP): (1) Service Provider has an outside audit completed on a yearly basis which specifies receipt'and expenditure of State funds.Service Provider shall forward a copy of the annual outside audit.to Juvenile Probation by March 1 following the end of the fiscal year. (2) If Service Provider does not obtain an annual outside audit,then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds.The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation.The accounting shall be provided to Juvenile Probation thirty(30) • days prior to the renewal date of the contract. 5.07 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty,either in Whole or in part,if funds are not available or are not appropriated by the Texas Legislature. 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract,the new rates will become effective reflecting those of the increase. 5.09 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer.Service Provider will not contact another department employee regarding any claims Of payment. 5.10 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 5.11 Except to the extent that a party to this Agreement seeks emergency judicial relief,the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that • may arise,no matter when:the dispute may arise. If a dispute cannot be resolved by negotiation,the dispute shall be submitted to mediation before the.parties'resort to arbitration or litigation.The parties shall choose a mutually acceptable mediator to mediate the dispute,and the parties shall pay the costs of mediation services equally. - ARTICLE VI ADDITIONAL TERMS&AGREEMENTS 6.01 Prior to transporting a child to the Facility for placement,the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officers of Juvenile Probation may be denied if space limitations require as determined by the Facility. 6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of Contracted County. 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be,in the sole judgment of the Administrator,mentally unfit,dangerous,or unmanageable,or whose mental or physical conduct would or might endanger the other occupants of the Facility,then the Administrator shall notify the Juvenile Probation Department if Contracted County of this determination.The child shall be removed ;,. immediately from the Facility.It will be the responsibility of Juvenile Probation to provide for {7 the transportation for the removal of the child. 6.05 Service Provider,agrees that the Facility will accept any child who qualifies,without regard to such child's religion,race,creed,sex or national origin. •6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives authorization from the Juvenile Probation Department that originally detained the child. 6.07 It is further understood and agreed by the parties that children placed in the Facility may be released to the Probation Officer or other appropriate authority of Contracted County pursuant to:(a)section 6.04 of this Agreement,(b)an Order of Release signed by the Judge of the Juvenile Court of Contracted County. • 6.08 Tt is further understood and agreed by the parties that nothing in this,contract shall be construed to permit Contracted County,its agents,servants,or employees in any way to manage control,direct or instruct Service Provider,its director,officers,employees,agents, shareholders and designees in any manner respecting its work,duties or functions pertaining 5fPag•e • • to the maintenance and operation of the Facility. However,it is also understood that the Juvenile Court of Contracted County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code,Section 51.12. 6.09 juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion.Service Provider must not release a client to any person or agency other than • Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 6.10 The Service Provider verifies that it does not boycott Israel and will not boycott Israel during the term of this agreement.The term"boycott Israel"is defined by the Texas Government Code Section 808.001,effective September 1,2017.The Service Provider verifies that it has not engaged in business with Iran,Sudan or any Foreign Terrorist Organizations,as defined by the Texas Government Code Section 2252.152. 6.11 The contract terms and agreements are transferable with prior written consent of Contracted County.Any assignment of this agreement by service provider shall be made subject to all previously agreed upon terms. ARTICLE VII EXAMINATION OF PROGRAM&RECORDS 7:01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically.This examination and evaluation of the program may include site visitation, observation of programs in operation,interview and the administration of questionnaires to the staff.of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted children as requested on forms provided by Juvenile Probation. 7.03 For purpose of evaluation,inspection,auditing or reproduction,Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or juvenile Probation any and all books,documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider will keep a record of all services provided to juvenile Probation under this Agreement,and upon reasonable notice will provide information,records,papers,reports, and other documents regarding services furnished as may be requested by Juvenile Probation. • Service Provider will maintain the records(as referenced above)for seven(7)years after the termination of this Agreement. 7.05 Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office,or any successor agency,to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation,including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." Wage • ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to • children involved in Juvenile Probation,and shall not re-disclose the information except as required to perform the services to be provided pursuant to this Agreement,or as may be required by law. ARTICLE IX DUTY TO REPORT 9.01 As required by§§261.101 and 261.405 of the Texas Family Code,Service Provider shall report any allegations or incident of abuse,exploitation or neglect of any child(including but not limited to a juvenile that has been placed by Juvenile Probation)within twenty-four(24)hours from the time the allegation is made,to all of the following: (1) Local Iaw enforcement agency(such as the Brazos County Sheriff's Office); (2) Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424-6717(or if unable to complete the form within 24 hours,then by calling toll-free 1-877-786-7263,followed by submitting the report within 24 hours of said call);and (3) Contracted County Juvenile Probation Department 9.02 Service Provider shall adopt and comply with all federal,state,county,and city laws, ordinances,regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract,including the Prison Rape Elimination Act of 2003(PREA)which establishes a zero-tolerance standard against sexual assault of incarcerated persons,including juveniles,and addresses the detection,elimination,prevention,and reporting of sexual assault in facilities housing adult and juvenile Offenders. Under PREA,Service Provider shall make available to the Chief Probation Officer all incident- based aggregated data reports for every allegation of sexual abuse at its facility or facilities, :and all such data may be requested by the Department Of Justice from the previous calendar year no later than June 30[PREA§115.387(e)and(f)]. Under PREA,the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation to ensure that the Service Provider is complying with the PREA standards [PREA§115.312(b)].To comply with this standard,the Service Provider will make available to the CPO all incident-based aggregated sexual abuse data within 24 hours of the allegation. Under PREA,Juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the Juvenile Probation website[PREA§115.389(b)]. Contractor will be subject to a Department of Justice(DOD PREA Audit every three(3)years beginning August 20,2013.Contractor shall be solely responsible for paying for a PREA Audit as required from time to time. 7IPage SERVICE PROVIDER shall retain and make available to JUVENILE PROBATION all financial records,supporting documents,statistical records,and all other records pertinent to the Agreement for a minimum of seven(7)years,or until any pending litigation,claim,audit or review and all questions arising there from have been resolved,and shall make available for JUVENILE PROBATION's inspection,all contractual agreements with SERVICE PROVIDER's subcontractors for services related to this Agreement.Separate accountability of the receipt and expenditure of state funds. Furthermore,Service Provider shall be responsible for the financial cost associated with any PREA.audit. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that,prior to entering this contract,it has verified and disclosed the following information to Juvenile Probation,and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: (1) Any and all corrective action required by any of Service Provider's licensing authorities; (2) Any and all litigation filed against the service Provider,or against its employees,interns, volunteers,subcontractors,agents and/or consultants that have direct contact with juveniles; (3) Any arrest of any employee,intern,volunteer,subcontractor,agent and/or consultant of the Service Provider that has direct contact with juveniles; (4) Any finding of"Reason to Believe"by a a state regulatory agency in a child abuse,neglect and exploitation investigation where an employee,intern,volunteer;.subcontractor,agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; (5) The identity of any of the Service Provider's employees,interns,volunteers, • subcontractors,agents and/or consultants that have direct contact with juveniles that are registered sex offenders;and (6) The identity of any of the Service Provider's employees,interns,volunteers, subcontractors,agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement,the term"criminal history" shall include:(1)current felony or misdemeanor probation or parole;(2)a felony conviction or deferred adjudication within the past ten years;or(3)a jailable misdemeanor conviction or deferred adjudication within the past five years. • ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents.During the performance of this contract the Service Provider agrees it: (1) Will not discriminate against any child,childcare provider,parent,employee or applicant for employment because of race,color,religion,sex or national origin including but not Wage �i . • limited to employment,promotion,demotion or transfer,recruitment or advertising,lay off or termination,rates of pay or other forms of compensation and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provision of this non-discrimination. (2) Will,in all solicitations or advertisement for employees placed by or on behalf of the Service Provider,state that all qualified applicants for positions in the Facility,will receive consideration for employment without regard to race,color,religion,sex,or national origin. (3) Shall abide by all applicable federal,state and local laws and regulations. ARTICLE XII OFFICIALS NOT TO BENEFIT 12.01 No officer,employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or Iocalities in which the project is situated or being carried who exercise any functions or responsibilities in the project,shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest,direct or indirect,in this Agreement or the proceeds thereof, ARTICLE XIII DEFAULT,SANCTIONS,PENALTIES FOR BREACH OF CONTRACT 13.01 Juvenile Probation may,by written notice of default to Service Provider,terminate the whole or any part of this Agreement,as it deems appropriate,in any one of following circumstances: (1)If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof;or (2)If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals,outcomes,and outputs,or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms,and in either of these two circumstances after receiving notice of default,Service Provider does not cure such failure within a period of ten(10)days. (3)Except to the extent that a party to this Agreement seeks emergency judicial relief,the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise,no matter when the dispute may arise. If a dispute cannot be resolved by negotiation,the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,and the parties shall pay the costs of mediation services equally. (4) To the extent permitted by law,the prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party,including actions for declaratory relief. (5) All notices required under this Agreement shall be in writing. They shall be sent by email or by registered U.S.mail,return receipt requested,to the party at the addresses listed below.A party must provide notice of a change of address during the term of this Agreement.. Unless specified otherwise,notices required in this Agreement shall be deemed to have been received when actually received. 9IPage Rockdale Youth Academy Brazos County 696 N FM 487 (Jurisdiction/County) Rockdale,Texas 76567 1904 W.SH 21 • With a copy to: (Address) Youth Opportunity Investments Bryan,TX 77803 12775 Horseferry Road,Suite 200 (City,.State,Zip) Carmel,IN 46032 Attn:Legal Department Via email:gdsallee©youthopportunity.com (6)Captions in this Agreement are for convenience only and shall be deemed irrelevant in. construing the provisions of the Agreement. (7)The parties intend that,in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. (8) If any court finds any provision of this Agreement to be invalid or unenforceable,this finding shall not affect the validity or enforceability of'any other provision of the Agreement. (9) No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. (10)The covenants and agreements in this Agreement are binding on and issued to the benefit • of the parties and their respective heirs,executors,administrators,legal representatives, successors,and assigns. ARTICLE XIV TERMINATION 14.01 The term of this Contract shall be for a period of twelve months from the effective date: however,if either party feels in its judgment that the contract cannot be successfully continued,and desires to terminate this contract,then the party so desiring to terminate may do so by notifying the other party in writing,by certified mail or personal delivery to its principal office,of its intention to terminate the contract thirty(30)calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight,thirty(30)calendar days after . the date of the Notice of Termination,this contract shall terminate,become null and void,and be of no further force or effect. Such termination shall not affect or diminish Contract County responsibility for payment of any amounts due and owing at the time of termination of the contract Contracted County shall remove at its expense all children placed in the Facility on or before the termination date. • . .. .. .. . .. 10IPage ARTICLE XV WAIVER OF SUBROGATION 15.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees,agents,owners,officers,or subcontractors against Juvenile Probation.Service Provider also waives any rights it may have to indemnification from Juvenile Probation. • ARTICLE XVI INDEMNIFICATION • 16.01 It is further agreed that Provider will indemnify and hold harmless Milam County against any and all negligence,liability,loss,costs,claims or expenses arising out of wrongful and negligent act(s)of commission or omission by Service Provider,its agents,servants or employees arising from activities under this contract.Service Provider shall have no obligation to indemnify and hold harmless said County for any act(s) of commission or omission of the County or the County's agents,servants,or employees arising from or related to this contract for which a claim or other action is made. ARTICLE XVII SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to BrazosCounty Sovereign Immunity,Title 5 of the Texas Civil Practices and Remedies Code,.and all applicable federal and state law..The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suitor from liability that Brazos County has by operation of law.Nothing in this Agreement is intended to benefit any third-party beneficiary. . ARTICLE XVIII REPRESENTATIONS&WARRANTIES 18.01 Service Provider hereby represents and warrants the following: (1)That it has all necessary right,title,license and authority to enter into this Agreement; (2) That is qualified to do business in the State of Texas;that it holds all necessary licenses and staff certifications to provide the type(s)of services being contracted for;that it is in compliance with all statutory and regulatory requirements for the operations of its business;and that there are no taxes due and•owing to the State of Texas,the,County of Brazos or any political subdivision thereof; (3)Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider.Certified copies of original insurance policies shall be furnished to Juvenile Probation.Furthermore the Juvenile Probation shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to Juvenile Probation. ''.IPa e • • (4)That all of its employees,interns,volunteers,.subcontractors,agents and/or consultants will be properly trained to report allegations or incidents of abuse,exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect and exploitation allegations. • • • ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas,and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XX - • VENUE • 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any orie or more of the provisions contained in this Agreement shall for any reason be held to be invalid,.illegal,or unenforceable in any respect,such invalidity,illegality,or unenforceable provision shall not affect any other provision thereof and this Agreement shall • be construed as if such invalid,illegal or unenforceable provision had never been contained . therein. ARTICLE XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes =v " • any prior understandings or written or oral Agreement between the parties respecting the within subject matter. z:c • • 12IPage This Contract and Agreement is executed with the declared intention of the parties that this Contract • and Agreement is a contract providing for the care'of children who have allegedly committed an act of delinquency or an act indicating a need for supervision,and payment for such care will be made by Brazos County for the children placed in the Facility by the Judge of said County having juvenile • jurisdiction, . EXECUTED IN DUPLICATE,EACH OF WHICHSHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF,we hereunto affix our signature this •a:I day of AU4 2OaLf". rx. • Brazos County Youth Opportunity Investments,LLC Juvenile Probation Department D/B/A Rockdale Youth Academy James C. Hill Jr. By. James C.HAI Jr-(Aug 21,WM 1635 EDT) Linda,Ricketson,Chief Juvenile Probation Officer James C.Hill Jr.,President 8/21/24 razor unty • Duane Peters,County Judge,Authorized Personnel• • 13IPage • CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF JUVENILE'OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF BRAZOS YOUTH OPPORTUNITY INVESTMENTS D/B/A ROCKDALE YOUTH ACADEMY Detention Services September 1,2024-August 31,2025 This Agreement is entered into by and between Brazos County(the"Contracted County") and Youth Opportunity Investments LLC doing business as Rockdale Youth Academy,an • Indiana limited liability company authorized to do business in the State of Texas that, licensed to provide child care services by the Texas Juvenile Justice Department,and/or any other appropriate State agency with licensure or regulatory authority over this facility ("Service Provider"). ARTICLE I PURPOSE 1.01 Whereas Brazos County,in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code,Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age,who are referred to a detention facility for act(s)of delinquency or act(s)indicating a need for supervision,during pre-trial and pre-dispositional status or in the post-dispositional treatment prescribed by the Court.The placement facility to be utilized is owned and operated by Service Provider,and is Iocated at 696 N FM 487,Rockdale,Texas 76567.The business office of Service Provider is 12775 Horseferry Road,Suite 200,Carmel,Indiana,46032. ARTICLE II TERM 2.01 The term of this agreement is for 1 year,commencing September 1,2024 and ending August 31,2025. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide:room and board,supervision twenty-four hours per day, seven days a week;routine medical examination and treatment within the Facility(but shall not provide or pay for emergency examination,treatment,or hospitalization outside the Facility);an approved education program;recreation facilities;and counseling to each child placed within the Facility. 1IPag,e • B. If emergency examination,.EMS treatment,health care treatment and/or hospitalization • outside the Facility("Outside Treatment")is required for a child placed in the Facility,the Administrator of the facility is authorized to secure the Outside Treatment at the expense of the Contracted County.Contracted County agrees to indemnify and hold harmless Service • Provider,its officers,directors,representatives,agents,shareholders and employees from any • and all liability for charges for Outside Treatment.. The Administrator shall notify the appropriate Contracted County officials of Outside Treatment within twenty-four(24)hours of its occurrence. C. Children from Contracted County who are alleged to have engaged in delinquent conduct,indicating a need for supervision,as reflected in a Child in Need of Supervision Order(CINS)will be admitted to the facility under the authority of any Juvenile Court having jurisdiction or its designated official. Children not released within forty-:eight(48)hours (excluding weekends and holidays)must have a detention hearing in the appropriate • Juvenile Court in accordance with the Texas Family Code,Title III(Section 54.01). If the child is ordered detained,a certified copy of the Detention Order must be delivered to the detention Facility prior to the child's re-admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. E. If a child is accepted by the Facility from Contracted County and the child thereafter is determined to be,in the sole judgment of the Administrator,mentally unfit,dangerous,or unmanageable or whose mental or physical conduct would or might endanger the other occupants of the Facility,then the Administrator shall notify the Probation Department of Contracted County of this determination. The child shall immediately be removed from the Facility. It will be the responsibility of Contracted County to provide for the transportation for the removal of the child. F. Service Provider agrees that the facility will accept any child who qualifies,without regard to such child's religion,race,creed,sex or national origin. G. It is further understood and agreed by the parties that children placed in pre- adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from Contracted County,or its agents,servants or employees at the conclusion of the ten(10)day working period authorized by the Court Order issued at the conclusion of the initial detention hearing by the Judge of the appropriate Juvenile Court unless a new•Order has been issued authorizing the continued detention,and a copy of the new Order has been delivered to the Facility,or unless a waiver of the ten(10)working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the Order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen(15)working days after the initial hearing and detention period. H. It is further understood and agreed by the parties that should a child in pre-adjudication care not be removed as described above in paragraph(I),by 12:00 o'clock noon of the tenth(10)working day of an initial detention period,fifteenth working day if it is not,and a new Order authorizing continued detention has not been received at the Facility,an employee of Service Provider shall deliver the child to the Juvenile Court of the placing County for which there will be an additional charge of.58(fifty-eight)cents per mile. • 2IPage . t:. 1I. it is further understood and agreed by the parties that,children.may be released to the Probation Officer or other appropriate authority of Contracted County pursuant to::(a) paragraph E of this Agreement,(b)an Order of Release signed by the Judge of the Juvenile Court of the placing County. J. Service Provider shall be in compliance with all Standards and requirements of the Texas Juvenile Probation Commission and all applicable State and Federal law. K. Service Provider shall provide twenty(24)hour supervision for'the client,including awake staff during sleeping hours in a Secure Facility. L. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument(MAYSI-2)as required by the Texas Juvenile Probation Commission.Facility personnel administering the MAYSI-2 shall be properly trained,sign the warning page,and document time and date administered.The MAYSI-2 shall then be promptly provided to the Juvenile Probation Officer of the detaining county. M. Each child placed in.the Facility shall be enrolled in an educational program.Special steps shall be taken to comply with requirements of Special Education students and their needs. N. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit the placing County,its agents,servants,or employees in any way to manage,control,direct or.instruct Service Provider,its directors,officers,employees,agents, shareholders and designees in any manner respecting its work,duties or functions pertaining to the maintenance and operation of the Facility. However,it is also understood that the Juvenile Court of Contracted County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code,Section 51.12. • O. It is further understood and agreed by the parties that Contracted County will be financially responsible for any damages caused by any child the County places at the Facility. • ARTICLE IV COMPENSATION 4.01 For and in of the above-mentioned services,juvenile Probation agrees to pay the Service Provider the sum of$250.00 per day for each child.The daily rate shall be paid to the Service Provider for each day a child is in detention.The cost is based on the projected actual cost of care for children in the facility. 4.02 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis.Said invoice shall be submitted with ten(10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control,including but not limited to:to be attributed to specific clients if appropriate,date service was rendered,total daily cost,and total monthly cost.Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement.Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 4.03 Service Provider shall account separately for the receipt and expenditure of any and all state 3IPage funds received from Juvenile Probation under this contract.Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices(GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds.Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 2, If Service Provider does not obtain an annual outside audit,then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds.The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation.The accounting shall be provided to Juvenile Probation thirty(30). days prior to the renewal date of the contract. 4.04 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty,either in whole or in part,if funds are not available'or are not appropriated.by the Texas Legislature. 4.05 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract,the new rates will become effective reflecting those of the increase. 4.06 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer.Service Provider will not contact other department employees regarding any claims of payment. 4.07 Service Provider will provide certification of eligibility to receive State funds as required by. Texas Family Code Section 231.006. 4.08 Except to the.extent that a party to this Agreement seeks emergency judicial relief,the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise,'no matter when the dispute may arise. If a dispute cannot be resolved by negotiation,the dispute shall be submitted to mediation before the parties resort to arbitration or.litigation.The parties shall choose a mutually acceptable mediator to mediate the dispute,and the parties shall pay the costs of mediation services equally. 4.09 Any and all medical/psychiatric treatment and medication required to meet the needs,of the child,as well as clothing,or other expenses not provided for in the Service Provider's program,shall be the sole responsibility of the said child's parent(s),guardian(s),court ordered appointed conservator or Juvenile Probation,to be paid by either Juvenile Probation,private health insurance.Medicaid coverage is not active while a child is in secure placement and cannot be utilized to cover any medical expenses.However,in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. 4IPage ARTICLE V ADDITIONAL TERMS&AGREEMENTS 5.01 Prior to transporting.a child to the Facility for placement in Secure Short-Term Detention,the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officers of Juvenile Probation may be denied if space - limitations require as determined by the Facility. 5:02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of Contracted County 5.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 5.04 This contract,terms and agreements are transferable. ARTICLE VI EXAMINATION OF PROGRAM&RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically.This examination and evaluation of the program may include site visitation, observation of programs in operation,interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation,inspection,auditing or reproduction,Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books,documents or other evidence pertaining to the costs and expenses of this Agreement. .6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement,and upon reasonable notice will provide information,records,papers,reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records(as referenced above)for seven(7)years after the termination of this Agreement. 6.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office,or any successor agency,to conduct an audit or investigation in connection with those funds.Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." • 5IPage • ARTICLE VII - CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation,and shall not re-disclose the information except as required to perform the services to be provided pursuant to this Agreement,or as may be required bylaw. ARTICLE VIII DUTY TO REPORT 8.01 As required by§§261.101 and 261.405 Of the Texas Family Code,Service Provider shall report any allegations or incident of abuse,exploitation or neglect of any child(including but not limited to a juvenile that has been placed by Juvenile Probation)within twenty-four(24)hours from the time the allegation is made,to all of the following: A. Local law enforcement agency(such as the Brazos County Sheriff's Office); B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-51.2-424=6717(or if unable to complete the form within 24 hours,then by calling toll-free 1-877-786-7263,followed by submitting the report within 24 hours of said call);and C. Contracted County Juvenile Probation Department 8.02 Service Provider shall adopt and comply with all federal,state,county,and city laws, ordinances,regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract,including the Prison Rape Elimination Act of 2003(PREA)which establishes a zero-tolerance standard against sexual assault of incarcerated persons,including juveniles,and addresses the detection,elimination,prevention,and reporting of sexual assault in facilities housing adult and juvenile Offenders. Under PREA,Service Provider shall make available to the Chief Probation Officer all incident- based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30[PREA§115.387(e)and (f)]. Under PREA,the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation to ensure that the Service Provider is complying with the PREA standards [PREA§115.312(b)].To comply with this standard,the Service Provider will make available to the CPO all incident-based aggregated sexual abuse data within 24 hours of the allegation. Under PREA,Juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the Juvenile Probation website[PREA§115.389(b)]. Contractor will be subject to a Department of Justice(DOJ)PREA Audit every three(3)years beginning August 20,2013.Contractor shall be solely responsible for paying for a PREA Audit as required by its contract with said County. SERVICE PROVIDER shall retain and make available to JUVENILE PROBATION all financial records,supporting documents,statistical records,and all other records pertinent to the • 6IPage t+: S: Agreement for a minimum of seven(7)years,or until any pending litigation,claim,audit or review and all:questions arising there from have been resolved,and shall make available for JUVENILE PROBATION's inspection,all contractual agreements with SERVICE • PROVIDER's subcontractors for services related to this Agreement.Separate accountability of the receipt and expenditure of state funds.. Furthermore,Service Provider shall be responsible for the financial cost associated with any PREA audit. ARTICLE IX DISCLOSURE OF INFORMATION 9.01. Service Provider warrants that,prior to entering this contract,it has verified and disclosed the following information to Juvenile Probation,:and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider,or against its employees,interns, volunteers,subcontractors,agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee,intern,volunteer,subcontractor,.agent and/or consultant of • the Service Provider that has direct contact with juveniles; D. Any finding of"Reason to Believe"by a state regulatory agency in a child abuse,neglect and exploitation investigation where an employee,intern,volunteer,subcontractor,agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees,interns,volunteers, subcontractors,agents and/or consultants that have direct contact with juveniles that are registered sex offenders;and F. The identity of any of the Service Provider's employees,interns,volunteers, • subcontractors,agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement,the term"criminal history" shall include:(1.)current felony or misdemeanor probation or parole;(2)a felony conviction or deferred adjudication within the past ten years;or(3)a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE X EQUAL OPPORTUNITY 10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents.During the performance of this contract the Service Provider agrees it: (A) Will not discriminate against any child,childcare provider,parent,employee or applicant for employment because of race,color,religion,sex or national origin including but not limited to employment,promotion,demotion or transfer,recruitment or advertising,lay- - off or termination,rates of pay or other forms of compensation and selection for training, • 7IPage • i� .. including apprenticeship. The Service Provider agrees to post in conspicuous places, • available to employees and applicants for employment,notices to be provided setting forth the provision of this non-discrimination. (B) Will,in all solicitations or advertisement for employees placed by or on behalf of the Service Provider,state that all qualified applicants for positions in the Facility,will receive consideration for employment without regard to race,color,religion,sex,or national origin. (C). ShalI abide by all applicable federal,state and local laws and regulations. ARTICLE XI OFFICIALS NOT TO BENEFIT 11.01 No officer,employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project,shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest,direct or indirect,in this Agreement Or the proceeds thereof. ARTICLE XII DEFAULT,SANCTIONS,PENALTIES FOR BREACH OF CONTRACT 12.01 Juvenile Probation may,by written notice of default to Service Provider,`terminate the whole or any part of this Agreement,as it deems appropriate,in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof;or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals,outcomes,and outputs,or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms,and in either of these two circumstances after receiving notice of default,Service Provider does not cure such failure within a period of ten(10)days. • C. Except to the extent that a party to this Agreement seeks emergency judicial relief,the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise,no matter when the dispute may arise. If a dispute cannot be resolved by negotiation,the dispute shall be submitted to mediation before the parties • resort to arbitration or litigation. The parties shall choose a.mutually acceptable mediator to mediate the dispute,and the parties shall pay the costs of mediation services equally. D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party,'including actions for declaratory relief. E. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party,including actions for declaratory relief. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail,return receipt requested, to the party at the addresses listed below. A party.must provide•notice-of a change of address during the term of this Agreement. Unless specified otherwise, notice required in this Agreement shall be deemed to have been received when actually received. °:. Wage f^` Rockdale Youth Academy Brazos County 696 N FM 487 (Jurisdiction/County) Rockdale,Texas 76567 1904 W.SH 21. (Address) With a copy to: Youth Opportunity Investments Bryan,TX 77803 (City,State,Zip) 12775 Horseferry Road,Suite 200 Carmel,IN 46032 Attn:Legal Department Via email:gdsallee@youthopportunity.com F. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. G. The parties intend that,in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability.• H. If any court finds any provision of this Agreement to be invalid or unenforceable,this finding shall not affect the validity or enforceability of any other provision of the Agreement. I. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs,executors,administrators,Iegal representatives, successors,and assigns. ARTICLE XIII TERMINATION 13.01 The term of this Contract shall be for a period of twelve months from the effective date: however,if either party feels in its judgment that the contract cannot be successfully continued,and desires to terminate this contract,then the party so desiring to terminate may do so by notifying the other party in writing,by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty(30)calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight,thirty(30)calendar days after the date of the Notice of Termination,this contract shall terminate,become null and void,and be of no further force or effect. Such termination shall not affect or diminish Contracted County responsibility for payment of any amounts due and owing at the time of termination of the contract.Said County shall remove at its expense all children placed in.the Facility on or before the termination date. 9IPage • ARTICLE XIV INDEMNIFICATION 14.01 It.is further agreed that Service Provider will indemnify and hold harmless Contracted County against any and all negligence,liability,loss,costs,claims or expenses arising out of wrongful and negligent act(s)of commission or omission by Service Provider,its agents, servants or employees arising from activities under this contract.Service Provider shall have no obligation to indemnify and hold harmless Contracted County for any act(s)of commission or omission of the County or the County's agents,servants,or employees arising from or related to this contract for which a claim or other action is made. ARTICLE XV REPRESENTATIONS&WARRANTIES 15.01. Service Provider hereby represents and warrants the following: A. That it has all necessary right,title,license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas;that it holds all necessary licenses and staff certifications to provide the type..(s)of services being contracted for;that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas,the County of Brazos County,or any political subdivision thereof; • C. Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider. • Certified copies of original insurance policies shall be furnished to Juvenile Probation. Furthermore,the Juvenile Probation shall be notified immediately upon any changes in • the status of insurance policies and shall promptly furnish updated certificates of insurance to juvenile Probation.. • D.That all of its employees,interns,volunteers,subcontractors,agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse,neglect and exploitation allegations. ARTICLE XV TEXAS LAW TO APPLY 16.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas,and all obligations of the parties created hereunder are performable in Brazos County,Texas. 10IPage • ARTICLE XVI VENUE 17.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County,Texas. ARTICLE XVII LEGAL CONSTRUCTION • 18.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal,or unenforceable in any respect,such invalidity,illegality,or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid,illegal or unenforceable provision had never been contained therein. ARTICLE XVIII PRIOR AGREEMENTS SUPERSEDED 19.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. • • • 111Page' This.Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision,and payment for such care will be made by Brazos County for the children placed in the Facility by the Judge of Brazos County having juvenile jurisdiction. EXECUTED IN DUPLICATE,EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF,we hereunto affix our signature this 4.91day of LLia 20 af Brazos.County Youth Opportunity Investments,LLC Juvenile Probation Department D/B/A Rockdale Youth Academy -tie___g_t_trt By: James C. Hill Jr. •lames C.Hai lr(Am 21.2014 16-34 WTI Linda Ricketson,Chief Juvenile Probation Officer James C.Hill Jr. 8/21/2024 Brazosoxutty Duane Peters,County Judge,Authorized Perso nel 12IPage �=rz: REQUEST FOR BID BID NO. 23-023 Cutback Asphalt SEALED BIDS TO BE SUBMITTED BEFORE: Tuesday, August 23, 2022, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan,TX 77803 Phone: (979) 361-4290 Fax: (979)361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. Any such contact will be grounds for rejection of the Respondent's bid. In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following bid for furnishing the material and/or services listed on the attached Bid Form and agrees to deliver said items at the locations and for the prices set forth on the Bid Form. Company Name: Cleveland Asphalt Products. INC. By(Print): Clayton Moore Title: Sales Rep. Physical Address: 100 Asphalt Lane, Shepherd, Texas 77371 Mailing Address: PO Box 1449, Shepherd, Texas 77371 Telephone: 800-334-0177 Fax: 936-628-6602 E-Mail:clayton.moore@clevelandasphaltproducts.com clevelandasphaltproducts.com • Page 2 of 16 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 p.m., Tuesday, August 23, 2022 at which time bids will be publicly opened and read aloud. A. SCOPE OF BID 1. Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid request for a one (1) year period beginning December 1, 2022 through November 30, 2023 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING 1. The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request.All Respondent(s)are required to be informed of these terms and conditions and will be held responsible for having done so 2. Definitions: In order to simplify the language throughout this bid,the following definitions shall apply: a. BRAZOS COUNTY— Same as County. b. COMMISSIONERS COURT—The elected officials of Brazos County,Texas given the authority to exercise such powers and jurisdiction of all County business as conferred by the State Constitution and Laws. c. CONTRACT — An agreement between the County and a Contractor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR—The successful Respondent(s) of this bid request. e. COUNTY — The government of Brazos County, Texas and its authorized representative. f. SUB-CONTRACTOR — Any contractor hired by the Contractor or supplier to furnish materials and services specified in the bid request. g. RESPONDENT—Any supplier or vendor responding to the bid request. 3. Upon acceptance and approval by the Commissioners Court, this bid effects a working contract between Brazos County and the Contractor for the period designated. 4. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered;the Respondent(s) must have the bid actually delivered to and received by the Purchasing Department. 5. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. Page 3 of 16 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered. Respondent(s)with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace at https://brazosbid.ionwave.net. 7. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 8. Respondent(s) must include Tax Identification Number for the bid to be valid. 9. Should there be a change in ownership or management; the Contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the. Contract with its present provisions and prices. This Contract is nontransferable and may not be reassigned by either party. 10. The County may cancel this Contract at any time for any reason, provided a thirty-day written notice is given. 11. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit Price b. Extended price c. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products bid h. Respondent's past performance record with Brazos County 12. Although the cost of products to be provided is an essential part of the bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Respondent considered to be the best value to Brazos County. 13. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the Contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 14. Title and risk of loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. Page 4 of 16 15. This Contract shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this Contract,when applicable. 16. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the Respondent(s) to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 17. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding a contract. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled, and the Contractor barred from bidding in future solicitations. 18. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 19. Bids must be submitted on this form and returned 'in a sealed envelope clearly marked with Respondent Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch,nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids not received prior to the expressed date and time listed in this bid will be rejected or returned unopened to the Respondent(s). Bids submitted to any other person or department other than the Brazos County Purchasing Department will not be accepted. 20. It is the Respondent's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 &Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the Respondent(s) agrees to comply with FIB 1295,Government Code 2252.908, if awarded a contract. Respondent(s)agrees to provide Page 5of16 Brazos County the"Certificate of interested Parties", Form 1295 as required, for renewals, amendments or extensions to the Contract. Visit https://ethics.state.tx.us/whatsnew/elf info_form 1295.htm for more information. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda or their proposal may be considered non-responsive. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos Valley e-Marketplace (https://brazosbid.ionwave.net) after bid award by Commissioner's Court. 23. Brazos County reserves the right to extend this Contract annually for a maximum of three (3) additional one (1) year periods with no changes in the terms or conditions of this Contract, if agreed upon by both parties. 24. The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter-local cooperation agreement(s) with Brazos County. 25. Three(3) references are to be provided by Respondent. Failure to submit references may result in disqualification of bid. Brazos County department references will not be accepted. 26. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 27. Any subcontracting must be approved prior to commencement of the Contract by Brazos County. 28. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 29. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive—and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents and accompanied by fully descriptive product literature. All substitutions will contain the Page 6of16 same active ingredients in the same percentages or quantity of the items listed in the bid. If notation of substitution in not made, it is assumed the Respondent(s) is bidding the item specified. 30. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 31. In the event the Contractor is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this Contract to be canceled. 32. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the Contractor in completion of the Contract. This term supersedes any contradicting terms throughout the Contract and/or any attachments. 33. The Contractor should submit itemized invoices with clearly marked remittance copies to the following address: Brazos County ATTN: Auditors P.O. Box 914 Bryan, TX 77806 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the Contractor only, and shall not include sub- contractors, assignees, or any other party. 34. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request from County. 35. Upon award of Contract for any commodity or materials purchased by Brazos County,the Contractor agrees to protect the County from any claim involving patent right infringement, copyright infringement, sales franchise disputes. Page 7of16 36. Unless otherwise specified, all items ordered from the Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 37. This bid shall be governed by the laws of the State of Texas and Potential Respondent(s) and the subsequent Contractor(s) are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of$250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County,County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 38. Venue for any dispute, shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 39. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 40. Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. 41. The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. 42. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry,then such code conditions shall prevail. • Page 8 of 16 43. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. C. SPECIAL PROVISIONS 1. Brazos County reserves the right to request additional samples of products listed in the bid at any time. If a sample request is made after bids and original samples are received, additional samples requested shall be received within five(5)working days of the request. 2. All deliveries are to be made F.O.B. Brazos County Road and Bridge Department,during regular working days,and between the hours of 7:30 A.M.and 5:00 P.M. Monday through Thursday, unless otherwise requested by the County and loaded into County trucks by the Supplier; or loaded, hauled and delivered anywhere in the County by the Supplier during the mentioned working days and hours. 3. Contractor will be required to notify the County Engineer's Office in the event of unforeseen delay arising in the delivery of a specified shipment. In the event a shipment will not arrive at the job site within two (2) hours of designated time Brazos County shall have the right to refuse acceptance of the order. 4. Contractor will be required to deliver to Brazos County Road and Bridge Department or job site in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. 5. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. 6. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). 7. Any Contractor vehicles traveling on County roads will not exceed its legal gross weight. D. INSURANCE REQUIREMENTS 1. The Contractor shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. Page 9 of 16 2. The Contractor shall furnish and keep in full force the following insurance during the term of this Contract: 3. Statutory Workmen's Compensation and $1,000,000 Employer's Liability Insurance with waiver of subrogation. 4. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, $500,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. a. Commercial Automotive Liability with $500,000 CSL for Bodily Injury and Property Damage Liability with Brazos County named as additional insured. b. Cargo Insurance to sufficiently cover materials transported. 5. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Contractor receives notification of award. 6. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Contractor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Contractor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. E. REFERENCES Respondent(s) shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Respondent(s)are not allowed to use Brazos County as a reference. Company/Entity: Waller County Contact: Yancy Scott,County Engineer Phone: 979-826-7670 Page 10 of 16 Email: y.scott@wallercounty.us Company/Entity: Milam County Contact: Jeff Muegge,Commissioner PCT#4 Phone: 512-898-2115 Email: Company/Entity: Fayette County Contact: Luke Sternadel,County Commissioner PCT#2 Phone: 936-249-3166' Email: F. SPECIFICATIONS& QUOTE 1. General Information — Brazos County is seeking qualified companies to provide: Cutback Asphalt in accordance with Item 300 of the Texas Department of Transportation, Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges 2014. Quantities shown are estimated Quantities. The actual quantity purchased may be more or less. The County is not obligated to purchase any minimum amount and the County may purchase any reasonable amount greater than the estimate for the same unit price. Items will be ordered on an "As Needed" basis. Brazos County reserves the right to award the bid in whole or to one contractor or to award a contract on each separate item or combination of items as may be most advantageous to the County. A primary, secondary, tertiary, and/or subsequent award may be made for this bid by the County. It is expressly understood and agreed that in case Brazos County should need any item(s) not available within a specified time frame needed from the Successful Bidder(s)during the term of this contract, contractor must provide written verification that the specified Page 11 of 16 timeframe cannot be met. Brazos County then reserves the right to purchase the item(s) from vendors other than the Successful Bidder(s) and shall not be in violation of any terms or conditions of said contract. • 2. Control of Materials a. Source Control. Use only materials that meet Contract requirements. Cutback Asphalts must meet requirements of table as shown in TxDOT Item 300 for the specified type and grade. b. Material Quality. Correct or remove materials that fail to meet the contract requirements. Vendor is responsible for cost incurred if additional sampling and testing is required by a change of source or failure of initial test(s). Materials not meeting Contract requirements will be rejected, unless the Engineer approves corrective actions. Upon rejection, Contractor shall immediately remove and replace rejected materials. If the Contractor does not comply with this Article,the County may remove and replace defective material and the cost of testing,removal, and replacement will be deducted from invoice. c. Manufacturer Warranties. Transfer to the County warranties and guarantees required by the Contract or received as part of normal trade practice. d. Plant Inspection and Testing. The County may but is not obligated to, inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. The supplier will accommodate the county or their representative with inspection or collection of samples. 3. Contractor will be required to maintain proper permits to operate on Brazos County roads and/or property. Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid. The sheet shall be labeled as such. 4. Due to fluctuations in crude oil costs over the past year, the awarded Contractor will be allowed to submit a request for an escalation in price only if substantiated by written documentation from the vendor's supplier stating an increase in price. ITEM 300 -ASPHALT, OIL AND EMULSION PRODUCTS PRICE PER ITEM QUANTITY DESCRIPTION GALLON TOTAL 1. 12,000 Gallons RC250 Rapid Curing Cutback Asphalt $ 4.75 $ 57,000.00 2. Free Time: 2 Free Hours 3. Specific charges per hour for demurrage after free time: $ 80.00 /HR 4. Minimum Delivery(indicate Freight Charge for below Minimum Delivery): 5000 gallons 5. Specific location of Contractor's Plant: I00 Asphalt Lane,Shepherd,Texas 77371 Page 12 of 16 6. Contact person and phone number at plant: LeeAnn Ails,Orders 800-334-0177 Clayton Moore,Sales 800-334-0177 7. Direction to plant(attach if necessary, please be specific): 8. Number of trucks the company owns located at the facility that will be servicing Brazos County: 4 9. The size of trucks the company owns located at the facility that will be servicing Brazos County: Semi-truck and trailer 10. Below or on a separate page, please describe any agreements that the vendor has in place to ensure ability to perform this work. Page 13of16 G. V.T.C.A. LOCAL GOVERNMENT CODE§262.0276 THIS SECTION MUST BE COMPLETED. FAILURE TO COMPLETE THIS SECTION WILL DISQUALIFY THE BID. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code §262.0276. 1. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; 2. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership,joint venture; limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; 3. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. 4. Prior to award of a contract by the Commissioners' Court,the Purchasing Department will request a statement of account from the Brazos County Tax Office. 5. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non-responsive" and "not responsible", eliminating it from any further consideration of award. 6. These provisions shall apply to any "person"owned, partially owned, managed, operated or represented by a"person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title(Owner,Officer, Director, Manager, Etc.) Craig C.Moore Owner Scott M. Moore Owner Page 14of16 H. LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS.https://www.sam.gov).which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F,Title 10,Government Code Chapter 2270: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with,terminating business activities with,or othenvise taking any action that is intended to penalize, inflict economic harm on,or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made or ordinary business purposes; and 2. "Company"means a for-profit sole proprietorship,organization,association,corporation, partnership,joint venture, limited partnership,limited liability partnership,or any limited liability company,including a wholly owned subsidiary,majority-owned subsidiary,parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. Company Name: Cleveland Asphalt Products, INC. �c / r F Authorized Company Representative: ' '"�—z• — 2 - • Address: PO Box 1449 Shepherd,Texas 77371 Signature: Date: -8.16 2022 Contract#: 23-027 Page 15 of 16 I. The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. ❑ References (Section E) ❑ V.T.C.A. Local Government Code§262.0276 for Tax Verification (Section G) ❑ Legislative Certifications (Section H) ❑ All Addendums (if applicable) ❑ Certification of Bid (Section J) J. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this Contract, that this bid has not been prepared in collusion with any other vendor and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: Typed Name: Clayton Moore Title: Sales Rep. Company Name: Cleveland Asphalt Products. [NC. Phone: 800-334-0177 Mailing Address: Po Box 1449,Shepherd,Texas 77371 Email Address: cayton.moore@clevelandasphaltproducts.com Vendor Tax Identification Number: 76-02444-02 END OF BID REQUEST NO. 23-023 Cutback Asphalt Page 16 of 16 By signing below, Brazos County agrees that this bid, 23-023 will be awarded as dictated on the associated bid tabulation sheet, to the Respondent whose name appears above and both parties agree to terms and conditions contained herein. By: Brazos County Commissioner's Court: RA E PE i 0 - _+ CGi.LNT"`1 J LADGE Date: ✓ l G n 1.6 e'b�. to I a o 2 Attest: Brazos County Clerk: l 4 A G k EE--0 Bid Tabulation#25-018R Previously Known as#24-077R,23-023 December 1,2024-November 30,2025 Cleveland Asphalts Products Inc Item# Description Quantity Price per Gallaon Extended Price RC250 Rapid Curing Cutback 12,000 1 $4.75 $57,000.00 Asphalt* Gallons 2 Free Time: 2 Free Hours 3 Specific charges per hour for $80.00/hr demurrage 4 Minimum delivery 5,000 Gallons 5 Loacation of Plant 100 Asphalt Lane,Shepherd,TX 77371 6Coptact Person/Phone#for LeeAnn Ails,Orders 800-334-0177 Plant 7 Directions to Plant ` No Bid 8 Number of owned Trucks to be 4 used for contract 9 Size of trucks to be used for Semi-truck and trailer contract 10 Any agreements in place to No Bid perform work? -111 Notes and Exceptions r - Recommend Award:Cleveland Asphalts Products Inc 2nd Renewal of 3 App ved Comm sinner' C urt on this(91 day of A L�6(A-S T , 2024 by ding the position of COS \I 5.0c)e ;`✓ ; Brazos County °exr����°�1 Purchasing Departmen t o .• 200 SOUTH TEXAS AVE SUITE 352 BRYAN,TX 77803 PHONE(979)361-4290 FAX(979)361-4293 August 6,2024 Cleveland Asphalt Products Inc 100 Asphalt Lane Shepherd,Texas 77371 Re: Renewal of Contract#25-018R for Cutback Asphalt. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Cutback Asphalt 25-019R,previously known as 24-077R,23-023. All terms,conditions,and pricing shall remain the same. This renewal term will be for one year from December 1,2024,to November 30,2025. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to cnava@brazoscountytx.gov or fax to (979) 361-4293. Please then submit an updated Certificate of Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If you have any questions,I may be reached at(979)361-4492. Contact Name: Clayton Moore Title: Sales Rep. E-Mail: clayton.moore@clevelandasphaltproducts.com Telephone: 800-334-0177 CLEVELAND ASP ALT PRODUCTS INC. 8/21/2024 Authorized Signature Date • ZO OUNTY I al Duane Peters,County Judge Date F+TEOff' OG�rYJU•8°;' BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-PPA-Stousland Road- Mayberry DATE OF COURT MEETING: 8/27/2024 ITEM: Request permission to enter private property owned by Warren and Margaret Mayberry on Stousland Road for grading of driveway slope to better achieve more desirable tie-in on newly constructed pavement section. Site is located in Precinct 1. TO: Commissioners Court FROM: Joe Salvato ' DATE: 08/20/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvoe PPA-I_GN_Project-Mayberry.pdf PPA-Stousland-Mayberry Backup Material APPROVED (an I afi-i- Duane Peters Date County Judge ;Y:fkly,; BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM E.Duane Peters Prathana Banerji.P.E.,CFM Brazos County Judge County Engineer Brazos County Road&Bridge Dept. Steve Aldrich 2617 SH 21,West Commissioner Pct.1 Bryan.Texas 77803 Office: 979-822-2127 Chuck Kondeda Fax: 979-775-0453 Commissioner Pct.2 Nancy Berry Commissioner Pct.3 Wanda Watson Commissioner Pct.4 I. OWNER(S): Warren & Margaret Mayberry II. ADDRESS: 5328 Stousland Road College Station, Texas 77845 III. LOCATION OF WORK: ID 11074, Samuel Davidson Survey, A-13, Tract 17.5 13.25 acres of land IV. DESCRIPTION OF WORK TO BE DONE: Permission to enter private property to grade and/or slope driveway access to better achieve a more desirable slope that ties into the newly raised pavement section that will be constructed during the l&GN, Straub and Stousland roadway widening project. This work is being done for the health, safety and welfare of the general public. Site located in Precinct 1. Additional Comments: Contractor and/or County will be liable for any damage V. MAINTENANCE: Yes No X IF YES, ESTIMATED FREQUENCY OF MAINTENANCE: NA I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above-mentioned private property for roadway maintenance purposes. Owner's Signature: Date: 8/16/2024 Owner's Signature: Date: Prathana Ban ji, P.E.; County Engineer Joe alvato; Right of Way Agent ............ .:i PST_-",_a l.A N *(1 A. / BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-PPA-Straub Road-Boyd DATE OF COURT MEETING: 8/27/2024 ITEM: Request permission to enter private property owned by Margie Boyd on Straub Road for grading of driveway slope to better achieve more desirable tie-in on newly constructed pavement section. Site is located in Precinct 1. TO: Commissioners Court FROM: Joe Salvato DATE: 08/20/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvoe PPA-l_GN_Project-Boyd.pdf PPA-Straub-Boyd Backup Material • SRO a, . 1 aq- Duane]Peters Date County Judge BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM E.Duane Peters Pralhana Banerp,P.E.,CFM Brazos County Judge County Engineer Brazos County Road&Bridge Dept. Steve Aldrich 2817 SH 21,West Commissioner Pct.1 Bryan,Texas 77803 otiice: 979-e22-2127 Chuck Kondeda Fax: 979.775.0453 Commissioner Pcl.2 Nancy Berry Commissioner Pct.3 Wanda Watson Commissioner Pct.4 !. OWNER(S): Margie N. Boyd II. ADDRESS: 5245 Straub Road College Station, Texas 77845 ' t III. LOCATION OF WORK: ID 11181, Samuel Davidson Survey, A-13, Tract 91 5.738 acres of land IV. DESCRIPTION OF WORK TO BE DONE: Permission to enter private property to grade and/or slope driveway access to better achieve a more desirable slope that ties into the newly raised pavement section that will be constructed during the I&GN, Straub and Stousland roadway widening project. This work is being done for the health, safety and welfare of the general public. Site located in Precinct 1. Additional Comments: Do not trim any tree limbs over or around driveway - Contact Greg Boyd 0 979-218-6490 for approval V. MAINTENANCE: Yes No X IF YES, ESTIMATED FREQUENCY OF MAINTENANCE: NA I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above-mentioned private property for roadway maintenance purposes.//7- Owner's Signature: Date: WV /2. Prathana Ban 1, P.E.; County Engineer Jo . Salvato; Right of Way Agent 04/ O\r OF y : BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-PPA-Struab-Ferrer DATE OF COURT MEETING: 8/27/2024 ITEM: Request permission to enter private property owned by Mel and Brittany Ferrer on Straub Road for grading of driveway slope to better achieve more desirable tie-in on newly constructed pavement section. Site is located in Precinct 1. TO: Commissioners Court FROM: Joe Salvato DATE: 08/20/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: • File Name Description Iyp PPA-I_GN_Project Ferrer.pdf PPA-Straub-Ferrer Backup Material APPRO dart l Duane Peters Date County Judge 'ALL.UI•.''' Mt* BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM E.Duane Peters Prathana Banertji,P.E.CFM Brazos County Judge County Engineer Brazos County Road&Bridge Dept. Steve Aldrich 2517 SH 21.West Commissioner Pct.1 Bryan,Texas 77803 Office: 979-822-2127 Chuck Konderla Fax: 979-775-0453 Commissioner Pct.2 Nancy Berry Commissioner Pct.3 Wanda Watson Commissioner Pct.4 I. OWNER(S): Brittany Ann Ferrer and Melquaides Ferrer, Jr. II. ADDRESS: 5285 Straub Road College Station, Texas 77845 III. LOCATION OF WORK: ID 11215, Samuel Davidson Survey, A-13, Tract 113.1 1.499 acres of land IV. DESCRIPTION OF WORK TO BE DONE: Permission to enter private property to grade and/or slope driveway access to better achieve a more desirable slope that ties into the newly raised pavement section that will be constructed during the I&GN, Straub and Stousland roadway widening project. This work is being done for the health, safety and welfare of the general public. Site located in Precinct 1. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATED FREQUENCY OF MAINTENANCE: NA I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above-mentioned private property for roa way maintenance purposes. 6,(17/zoe_q Owner's Signature: Date: Owner's Signature: Date: (c//• Prathana Ba • , P.E.; County Engineer Jo V. Salvato; Right of Way Agent . • fah AA 4��. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-Comcast-l&GN Road DATE OF COURT MEETING:. 8/27/2024 • ITEM: Consider and take action on the Comcast utility permit to directional bore 17,284 feet of 2- inch fiber optic cable within the right-of-way of l&GN Road and Greens Prairie Trail,including seven(7)road bores. Site is located in Precinct 1. TO: Commissioners Court FROM: Joe Salvato DATE: 08/14/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type. Permit-Comcast I_GN.pdf Utility Permit-Comcast I&GN Backup Material APP1RO - c?)— Duane Peters Date County Judge NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO:THE COUNTY ENGINEER OF BRAZOS COUNTY,TEXAS Comes now Comcast of Houston, LLC [company name],hereinafter referred to as"Company" a Texas [state]Corporation,with authority to transact business in Texas,acting by and through its duly authorized representative,and hereby notifies the County Engineer of its intent to lay,construct,maintain, repair and/or operate a telephone facility under,over,across and/or along certain County Roads as shown on drawings and diagrams attached hel•eto and said location described as follows: Project will directional bore approximately 17,284 feet of 2-inch SDR-11 HDPE conduit for fiber optic cable along I&GN Road and Greens Prairie Trail. This utility installation project also includes road bores of North Graham Road, Capstone Drive, l&GN Road (3), South Dowling Road and Koppe Bridge Road. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction/work within 45 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascel lained the location of all existing utilities, both aerial and underground,and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being pelformed. In the event of deviation from this notice,the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. 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 notification. Comcast of Houston,LLC Company Name Haja Macaulei By: 542klacaaA, Signature Permit Coordinator Title 10000 Richmond Ave Ste 300,Houston„Tx 77042 Address Phone Number 346-471-2639 Email: Haja.macauley@theaspencompany.com; Qtsengineeringhou@quantatelcom.com ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated August 20, 2024 except as noted below: (Month/Day/Year) EXCEPTIONS: Utility Must Be Placed Within Public Utility Easement (PUE), Where Applicable, On Subdivided Properties 1j Br Ts County'Engineer A4'6 \1) QUANTA TELECOM SERVICES ii@orinicast® of HOUSTON, LLC JB1561860 — 3922 N GRAHAM RD, COLLEGE STATION, TX 77845 COMCAST PROPOSES TO PLACE DIRECTIONAL BORE 17,284 FT TO INSTALL FIBER OPTIC Ta ! 811 CABLE TO PROVIDE SERVICE TO 3922 N GRAHAM RD,COLLEGE STATION,TX 77845, - - INSIDE THE ROW OF BRAZOS COUNTY,TX. NOT TO SCALE iNo7riAFcituseggoulaaasEoouRr+accas7RucnoNy .. is E.4'k 5 'r t. 4 .' U, €RRa rV tNE u�_ ,� •_ SHALL ROSE CTED UFF L, S T r/., '-. '�� "t' t • COMPANY AROTHE COMIOSSIONERPREOR T, • OAy T NOTE COUNTY SIGNATURES YAUO FOR ONE TEAR ONLY • .! 9 t . �•. VO � AFTER DATE Of SIGNATURES '. r'- = "' BRAZOS COUNTY Y .,It EwawEE�.newe,o,I LEGEND . \ "A T + -PROPOSED SORE FIT .d� 1 . rya 4, f iL e , ctECNot®11 tlAWIM, LINT 1. a »• FI •EX.HAND HOLE _ .__ __.. _ _.'._ __ _ __._— __-. _ -_.. MACRO.,MAE li N. FT MOAN rt Li -PPR• Ro Gov GLTESTAL WORK AREA--'' VICINITY MAP OVELNALC I IN 0, •EN MACULAR• .PROPOSE CIRCULARSTALPEDE47AL ~i-- - -a T' p KEY MAP : N/A roEFRr FA NLM TA,ATJ I u El •EK CAN VAULT VW..VAN'S LA r3 .PROPOSEDCANVAIAT LAMBERT: N/A FEWINCLETaE EA —Si-ANCHOR ET6INO MEWL. EA c .WATER METER AEA Ate. IN —...—.CAW TRENCRROUTE AE4LLo'A AM FE ----,r.CAN BORE ROUTE Kw Mae FT ^a+.SE .STORM ORNNAOE ANryoTD FA --•H -WATER uasomNs+rol EA —x—•SEWER - HEW Min EA —CA—.STORM SEWER EosTION Ines EA —A--.CAN AERIAL ROUTE Emma POWNOFI FA -PRNATE FENCE TOME OJECT FOONSIL +,na FN GU •STORM ORAN INLET Sd •CATCH OASIN SHEET INDEX t.') •STORM MANHOLE sy -JOINT USE POLE Q •EX JOINT USE POLE 0 -JOMT USE POLE WIN TRANSFORMER 1, COVER PAGE PDC -BACK OF CURS 2. PLAN OVERVIEW EOP •EDGE OF PAVEMENT 3-25. PLAN VIEWS(1-23) OW -DRIVEHRY 26. TRAFFIC CONTROL PLAN ROW -RIGHT OFWW } 'AERIAL RISER i7 SHEET NO:1 OF 26 DATE:07/03/2024 3 I _ a,. ,5 6 i. '8 T� 9 � -- i+?;.,L j iC {1S' vial stn. 1.1 /►/��+# DESIGNED BY: L.MI T"" COMCQSt *T0 1 Q 811 PLAN OVERVIEW Jgisi86D•322N�5 COUNTY �LEGESTATION, Sflll Stf1ECM QUANTA TELEC KEINDAP OM SERVICES 1�H N "a,NOU EN T909NSAID{HOUSTONPKWYWEST DWG.NO, 1 mawTmwEaL9o.NouaTa+.TEXAS WEND ,.ay.k HOUSTON.TX 77064 SHEET NO.2 OF 26 �-� ROAD AND DRIVEWAY BORE DETAIL 1/N° Eco RAGTa,USD`SHALL THE o .E;wQ i SCALE:NTS L NORA AND AGREE TO BE FULLY RESPONSIBLE FOR AU.DAMAGES BORE CROSSINGR C! DETAIL CAUSED BY MSAIER FAILURE TO EXACTLY LOCATE AHD PRESERVE ALL UNDERGROUND FACILITIES. SCALE:PITS Z. CONTRACTOR SMALL TAIL PROPER MEASURES TO SECURE ANY i I OPEN TRENCHES,BORE PITS.A EXCAVATOR TO ENSURE PUBLIC R I -M� I p SAFETY.OURMO NONN4AIONG IGOURSALL TREHCX SHALL BE _ H Y I I dKIffRLED(NO TRENCH LEFT OPEN OYERMOXT). li Y V. v r I ' A ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD U• .. RFGXT-0E-V�FIY AT THE END OF EACH DAY. 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 v 1 R, CONTTACTORSHALL MAINTANADEQUATE DRAINACEAT ALL TMES ' PLAN VIEW 1 OF 23 ��— A I [ ENSURE ALL DITCHES RERAN OPEN 4CLEAR AT ALL TWEE S. IF IT BECOMES NECESSARY FOR EQUIPMENT TO OPERATE ON A IS- - PORTION OF THE PAVEMENT.PRECAUTIONS MUST BE TAKEN TO PREVENT FROM ANY DAMAGE WHATSOEVER TO THE PAVEMENT, I P • I I. CONORWN OF SIDEWALK LANDSCAPE AND ROAD UPON COMPLETION OF JOB SHALL SE AS DODO OR BETTER THAN PRIOR TO' I AND GN RD I AND GN RO STARTING SMTM SATISFACTION OF THE WADER (FACING SOUTHWEST( (FACING NORI RESTI 7. CONTRACTOR SHALL COMPLY NATH ALL APPLICABLE NATIONAL ELECTRICAL SAFETY CODE(MSC)REQUIREMENTS.ELECTRIC POLE ATTAGMENT GUIDELNES S PROCEDURES A ALL APPLICABLE LOCAL REQUIREMENTS ANO REGUIP.TIONS FOR PLACEMENT OF AERIAL CABLE FACILITIES.If P MA VERTICAL CLEARANCE. TL COETCAST I CONTRACTOR SHALL MADAM A(OFT) S,, HORIZONTAL f VERTICAL SEPARATION FROM ANY EXISTING off �' ` AND UNDERGROUND UTEPTSES AND PROPOSED CONDUIT. {{ +55�`''5 ;\ �'_',1 ,,l y ;T 0. THE CRY REQUITES*OFTI NBNMU NT FEET CBO COVER UNDER THE Y y .I 9_v-.Y-r,Ap/ LOWEST PART OF THE PAVEMENT CRpgyNGYMEXB�ING 1, /• + /.. 4T. ACROSS A CITY ROAT'MT_ \ b ' �� ��" IQ THE CONTRACTOR TO CONTACT BRAZOS COUNTY PRECNCTA \ /'� AT 975.WAIL II AT LEAST RE HOUSE PRIOR TO CONSTRUCTION. IL RIGHT•OF-VA\Y CALL BE RESTORED TO EQUAL OR GETTER � i•y,. CONDTQONWAIN CONSTRUCTIONISCOMPLETE S \ TR M N WILTPILISTOP,\ y \ / /� T XFIHPII1 wIPI. ate I \ /'' / IPA ate I I ({ PRORCT KOPP AT PROPOSED FOTST P L , I. W 6'"":146t6 rATIAYIID \ \ .p,C"U"e 1NLSMTII MSTA PIS I r mA PIS \ / I A : , ll\ C { a IyT '�\ t. / L 5 1, 0 If" A .2 1. k V,p? •cool UE 1 �.% '';'''\ � � r, I \ \ \ LgLy �S\\ 5 `d9"4V,,_f,C&\\T.', `P 4 Y f \', \\! \ u 55 I 4`' \ \ WMCAST PROPOSES TO HETALL EVER OPTIC CABLE A DESIGNED BY; IAMTLERrwA OMCCISt COMGUT PROPOSES TO PIIGEdRER TCO'F BORE/728N FTTOIMSTALL N [* � FIRER OPTIC C,IDLE TO PR6WOE fsERIRCE TpSiJIXpAAwtaI RD.WUlOE OE9LkPJf RECF4tM QUANTA TELECOM SERVICES DATE.mavJPlR T C` aTATXIN,TX TTMS.wa o ,ME RQW OF ER: couron,st J8158165D-3922 N GRAHAM RD,COLLEGE STATION. (t�x�) RNOVSTGN.ue TX 77845-BRAZOS COUNTY 'MO,�C SE EVI C ES JREYMAP IRA IRr`���� P$PW TTOI"ELL RO.XOIUSTEX.TEXAS TWO •• •• uAC\LE 1'RO I PI TOTAL PROJECT PQOTAAE 17,TAR 10000 RICHMOND AVE.STE.300 DWG.NO. r, {4DL1STON,TX 77042 SHEET NO. OF 26 i '. LRECION400n Or''\ 1 HWK n4m HOK COOIT Hem \ \ Nom. \;L • '1 \ 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 ' ON BY THE a`QAiLu RGRRQUNRou unESBEFORECOMMEENCFw 1 PLAN VIEW 2 OF 23 MARK AND AGREE TO BE FULLY RESPONSIBLE FOR ALL DAMAGES tt�y \, t\ CAUSED BY HISIHER FAIWRE TO EXACTLY LOCATE AND PRESERVE • \k ALL UNDERGROUND FACLITES. 1/4 t t` 2. CONTRACTOR EMAIL TAKEPI PROPER MEASURES TOSECURE ANY tt\ OPEN TRENCHES,BORE FITS.8 EXCAVATION TO ENSURE PUBLIC SAFETY.DURN TRENCH ONG HOURS ALL TRENCH SHALL BE .y , BACKFRLEO(NO TRENCH LEFT OPEN OVERNIGHT). \V 1\ - ' 11,, T. ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD M\ �`- '�L R(GHT.OFJALAY AT THE END OF EACH DAY. TH\ '£od' \ A CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE AT ALL TIMES .t- ` }� t ENSURE ALL DITCHES REMAIN OPEN B CLEAR Al'AU.TIMES. , SWAM l I, t S. IF IT BECONES NECESSARY FOR EOUPMENT TO OPERATE ONA \ \ ti, \ PORTION OF THE PAVEMENT,PRECAUTIONS MUST OE TAKEN TO \ \+ ; PREVENT FROM ANY DAMAGE WRUTSOEVER TO THE PAVEMENT. t\ 5 t \ S. CONCEDER OF SIDEWALK LANDS(:APEAND ROAD UPON T \ '4 ` TYH comPUETICN OF JOB SWILL BE AS 0000 OR BETTER AN PRIOR TO' STARTING VAIN SATISFACTION Of THE OWNER t[CONN" \\ [l \ It\ \ 7. CONTRACTOR SHALL COMPLY VAIN ALL APPLICABLE NATIONAL 4e. `1 �%C.,,H ELECTIUAI SAFETY CODE(NESC)REQUIREMENTS.ELECTRIC POLE. % \ \ A, % ATTACHMENTGUOEUNES It PROCEDURESA ALL APPLICABLE LOCAL 111 ( CABLE FMENTBANO REGuATON.S FOR PLACEMENT OF AERIAL \ L CONCISE)CONTRACTOR SHALLA VERTICAL CLEARANCE A LMFT)E \\ ' \ HHORQONTALB VERTICAL SEPARATION FROM ANY EXISTING • MCI UNDERGROUND UTILITIES AND PROPOSED CONDUIT. \\\ '�51!'\H5 1H\ 1 H. THE CITY REQUIRES A MINUNM 2 FEET COVER UNDER THE t\ \'\ T` LOWEST PART OF THE PAVEMENTCROSSINO WHEN BORING \\ \\E \ �.I.T v,NE 444� ACROSS A CRY ROAWTWY. k ` \ \' \ I IO THE TCONTRACTOR TE CONTACT HOURK PRIOR COUNTY CONSTRUCTI I PROPPPANVNLT \ 1\b AT SIR JOINT I AT LEAST N HOURS PRIOR TO CONSTRUCTION. nr+H'ATn \ \ 1f, RIGHT-OF-WAY YALE DE RESTORED TO EOM.OR BETTER AI N M.ssNN WaLmN \ \\, CONDITONWMEN CONSTRUCTION IS COMPLETE . ATA7.I1 \ \1 �\ ma rs I y r \ ' t\ \ VC. \; �1 \ \\ W\ ROAD BORE DETAIL BORE DETAIL , 1�\,,�,\�4\ H,\ i SCALE'NTS SCALE NTS * 5!\ \5 \ ..\ \ CONC. i .» \'\\ '.\ ► �N V - .,4\ ,,, IAAp , GM RO IAND GM RD �� t jFAGNG SOUTHWEST) (FAGNO NORTHWEST] ,\ ,\\'\' t OTal*E .. CWACA4T PROPOSES TO INSTALL FIBER OPTIC CABLE. .,-r ...._ _.._ 6 - -. ._.T W _ LAMBERT'LEA I /�/� + CCAIOABT PROPOSES TO MACE DIRECTIONAL BORE ITjIA FT TO INSTALL --'TINT~~~`-_"-- C®��fl►W Liir I -- DESIGNED BY: N �Q, �-8�� NICER OPRCWLE TOP.LHEDE,AIR BO TO W7 N OIWUN PO.calm JB1561060-3922 N GRAHAM RD,COLLEGE STATION, f 9BANiA TEIECOY QUANTA TELECOM SERVICES oATI[�orloTrsml ' HTLCUSTON.ILC • r oBA� I ~STATION•T%/)Fr7,INSIOETNE AOWOF 8RA203 COUNTY. TX 77845_BRAZOS COUNTY R SERVICES KEYMAP.NSA ONIONY TO/ELL NO.NOUSION,TEAAS 77040 - ' V I puff. IN TOTAL PROJECT FOOTAGE:»�sr I0000 RICHMOND AVE.STE.300 DWG.NO. •I [HOUSTON,TX 77042 SHEET NO.4 OF 26 • � 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 \°4 \ \\ Nte THE CONTRACTOR SIMLLDETERIANE THE EXACT LOCATION DY PLAN VIEW 3 OF 23 ��` b \ POTHOLE OF ALL UNDERGROUND UTILITIES BEFORE COMMENCMO WDRKAIOAGREE TO SE FULLY RESPONSIBLE FOR ALL DAMAGES CAUSED BY FOSMER FAILURE TO EXACTLY LOCATE MD PRESERVE �\ '•\ ALL UNDERGROUND FACILITIES. .,\\ 2. CONTRACTOR SHALL TAKE PROPER MEASURES TO SECURE ANY OPEN TRENCHES,BORE PITS.S EXCAVATION TO ENSURESHAY. PUBLIC �y SAFETY:MR*1G TRENCHRIOND HOURS ALL TRENCH SHALL BE 1 \ \ BACI6CLE0(NO LEFT OPEN OVERNIGHT♦. ,i` \� I \ \ 3. ALL EXCESS I:XGVA7fON TO DE REMOVED FROM THE ROAD L RIGKSOC ANY AT TIE END OF EACH DAY, l \ A. CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE AT ALL TRIES \ • ••\ ENSURE ALL DITCHES REMAIN OPEN S CLEAR AT ALL TIMES. IL �OrnTwILBNE`® \ S .WRBECOMES NECESSARY FOR EQUIPMENT TO OPERATE ONA • IIFt scam I Kan MOAT , PORTION OF THE PAVEMENT,PRIATSOIONS MUST SE TAXER TO �L \ ,\ PREVENT FROM ANY DAMAGE YAIATSOEVER TO THE PAVEMENT. le L \ t\ \ • B. CONDITION OF SIDEWALK LANDSCAPEAND ROAD UPON \\ COMPLETION OF KM SHALL BE AS GOOD OR BETTER THAN PRIOR TO STINTING KITH SATISFACTION OF THE OWNER. ,\ k7. CONTRACTOR SHALL COMPLY PATH ALL APPLKABLE NATIONAL \ ,,\ ELECTRICAL SAFETY CODE INESCI REQUIREMENTS.ELECTRIC POLE V 14 ATTACHMENT .QI^.11twE 1\ 1 REQUIREMENTS ANGUIDELINES REEGULATIONS FOR FPIAC CEMENT OF AERIAL \\ CABLE FACILITIES.1P r MIN.VERTICAL CLEARANCE. \ ,\ I. COMCASTf CONTRACTOR SHALL MAINTAIN A(2FT) L X HORIZONTAL S VERTICAL SEPARATION FROM ANY EXISTING •\ AND UNDERGROUND UTILITIES AND PROPOSED CONDUIT. \\ \ y\1_ 0. THE CITY REQUIRES AMINMVM 2 FEET COVER MINDER THE •Wo.RE ; \ •`\ ACROSS APART OF THE CITI AQADRA�ENT CROSMNGUMEN BORING k 10. THE CONTRACTOR TO CONTACT BRAZOS COUNTY PRECINCT A � ` AT 979 4014111 AT LEAST AS HOURS PRIOR TO CONSTRUCTON. \L ? ,`\ • 11,RIGHT•O •WAY WALL BE RESTORECTO EQUAL OR BETTER {+; CONDITION WHEN CONSTRUCTION IS COMPLETE \:\ \ \ A \ ,\ \t \ \ DRIVEWAY BORE DETAIL BORE_DETA_IL ��; \ �. SCALE:MS SCALE:Ni'S 5.\ % e •`L•L Oli`a'' \•. m.r r. WM. 1 j, eft., 99 '"' n.."..:' WWI AAOPRSESARAI \ \ AT NlA..V1I Wv `\ V wrIII 11.11. l}11)' b. ` t. • I ANOGN RD IAND ONRD \ ` [FACINGSOUTHWESTI (FACING NORTHJA€STI •'L \tt �; \ COACAS?PROPOSES TO INSTALL FIBER OPTIC OR LE, DESIGNED BY' LAMBERT.WA @C)MCCISt COIFULST PROPOSES IOPLA4 C(RECTDNAI SORE 11,TdRTOINSTILLLttf QUANTA TELECOM SERVICES PATE:mAlN N0] N*Inv cBit FRXRGP1'T TOPROVIESERwCETCmnuaRAHAURD.COMEEGE JB1561860-3922NGRAHAMRO.COLLEGESTATION: ( :IAATAIEI.(ElU STA'T 5.T%17WIN91DETHERPNOFBRAZOSCQNIY.TX. ES1910ES MYNAP.WA d HOUSTON,LLD I TX 77805-BRAZOS.COUNTY F9/OWI1DNELLRD.NOYSTON.TEXAS TTSRI -- f9` 4111 1 10800 RICHMOND AVE.STE.300 DWG.NO. aeALE:I Ao TOTAL PROJECT FDDTAGE:17aA' HOUSTON.TX 77042 SHEET NO. OF 26 �\fJ \`, { NOTES \ ` 1. THE CONTRACTOR SHALL SEEERMNE THE EXACT LOCATION BY 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 POTHOLE OF AIL uwERGROUNDummES BEFORE CCESTENCING t NATRK AIO AGREE TO BE FULLY RESPONSIBLE FOR ALL DAMAGES & j ` \� CAuSED BY HIEMERFA4URETO EXACTLY LOCATE 0110 PRESERVE •I \D \ PLAN VIEW 4 OF 23 ALL UNOERDROUNDFAeEmEs. \\ \ , \ 1. CONTRACTORENTRENCHES SHALLBORE ETAKEPI PROPER MEASURES SECUREPANY OPEN TRENCHES.OGRE RKI$ ALL TO ENSURE PUBLIC `\, SAFETYAURHO N014NdMNG HOURSNCALL IGHT). SHALL BE \\ \ '\ SITHELLFO(NO TRENCH LEFT OPEN OVERNCHTJ. `\ �1 A ALL EXCESS EXCAVATION TO BE RF/EOVED FROM THE ROAD \ RIGHT-OF-WAY AT THE END OF EACH DAY, ��\ ; S, CONTRACTOR SHALL M INON ADEQUATE DRAINAGE TALLTIT ALL TSEU \ \ ENSURE ALL DITCHES REAWN OPEN$C&EAR ATALLTWIES. 1 E P PORTT ION BECOMES NECESSARY.PR E PRECAUTION NT UST BE TAKEN N A `\ \ `� PORTION OF THE IN DAI F/RECAUIKTNS MUST BE TAKEN TO \, ` \ PREVENT FROM ANY DAWQEVs1ATSOEVERTO THE PAVEMENT. \ v \ 1 A CONDITION OF SIDETBALKL RE AS PEAND ROADU/ON ` MAINETION OF JOB SHALL BE AS GOOD OR BETTER THAN PRIOR TO STARTNOY$TII SATISFACTION OF THE INNER. 2 TAB\ 7. CONttuOTORSHALL COMPLYNATH ALL APPLICABLE NATIONAL 1I \ BORE DETAIL ELECTRICAL SAFETY CODE CNESCI REQUIREMENTS.ELECTRIC POLE ATTACHMENT GUIDELDOEE X PROCEDURES 6 ALL APPLICABLE LOCAL REQUIREMENTS AND REGULATIONS FOR PLACEMENT OF AERIAL �� \ ;\ SCALE'NTS A CABLE FACILITIES.IC TT MN.VERTICAL CLEARANCE \\ \D CCMO�\ET+CONTRACTOR SHALL MANTAS!Aa T1 HORIZONTAL$VERTICAL SEPARATION FRpA ANY EXISTING `1I , AND UNDERGROTTO UITLITIES AND PROPOSED CONDUIT. \, I w ITIE V. THE CITY REOUIRESAMI 2FEET COVER UNDER THE 4 LOWEST PART OF PAAUREVEMENT CROSSING%T HEN BORING 1Swa\g \ F I ACROSS A CRY ROAWUY. Y \ 10 THE CONTRACTOR TO CONTACT BRALOS COUNTY PRECINCT ;; r .m 9 � �,� ATM MATT 1 AT LEAST AS HOLM PRIOR TO CONSTRUCTION. \ O II,RIGHT-OF-NAY KILL BE RESTORED TO EQUAL OR BETTER P Yr Am.n,OLWYRMT S '\ Y CONCTON WHEN CONSTRUCTION IS COMPLETE *J`C ` \I ,\ IANO GN RD `\, \ .\ IFAGNG NORTHWEST' ' \ 1\ Y \'I \'‘. �12 \ • \I\ \; , \""s! \ 1 '\, ., ` \o COMCAST PROPOSES TO INSTALL FIBER OPTIC CABLE. DESIGNED BY; LAMBERT_1PA N @OMCQSt mom -� - CONGEST PROPOSES TOPLACETINECEIOT TRE17,U1 FT TO INSTALL TF}OEA OPTIC C M .INSI OCEO I N L SO NORCO N R4 COLLEGE JB1561860-3922 N GRAHAM RD,COLLEGE STATION, E A A T A i E S E C D■ QUANTA TELECOM SERVICES DATE:071$2QQ7A et NOUSTOI.LLC _1, STATION.TX T?BIS,INSIII!THE RT7xoF BRAios COUNTY,TA. TX 77645.6RAZOS COUNTY I S E A Y I C E S KfYMA►:NIA SSSOAL NE ELL R0.1gpSTON.TUNS MO - V o D VACSCALE:1 RB ii`e4\ TOTAL PROJECT OTAGE: F HOUSTON,TX��O AVE.STE.300 SHE T NO.6 OF 26 \4I l re • I. ' \ '\ `\ NOTES s \ I. THE CONTRACTOR SHALL DETERMIIEINE EXACT LOCATION BY I. 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 POTHOLE OF ALL UNDERGROUND UTILMES BEFORECOBMENWIO NORM AND AGREE TO BE FULLY RESPONSIBLE FOR ALL DAMAGES \ PLAN VIEW S OF 23 CAUSED BY RIMIER FAILURE TO EXACTLY LOCATE AND PRESERVE o* -, ALL UNDERGROUND FACamES. ES TO SECURE ANY g \ \ OPEN TRENCHES BORE PITS,f EXCAVATION2. CONTRACTOR SHALL TAKE PROPER N TO ENSURE PUBLIC jAp RAF ETY.OURING NO 1AORNONG HOURS ALL TRENCH SHALL RE ta®=1)TAM, `\ '\ SACKFILLEO MO TRENCH LEFT OPEN OVERNIGHT). Al N Tnxni:w e6 Tt44} 4 \ O. ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD PA 21•5' 5\ RIGNTAF•YIYMY AT THE ENO OF EACH DAY \\; \ '\ 4. CONTRACTOR MOLL AWNTAINADEWATE DRAINAGE AT ALL TIMES t \ ENSURE ALL DITCHES REMAIN OPEN►CLEAR HTML TES. 1{,yp IFITBENES NECESSARY FOR EQUIPMENT TO OPERATE DNA 'WA \ ,\ TIMES.S.. W \ PORTION OF THE PAVEMENT.PRECAUTIONS MUST BE TAKEN TO PREVENT FROM kW DAMAGE VANATSOEPER TO THE PAVEMENT. A ' DRIVEWAY BORE DETAIL BORE DETAIL\ SCALE.NTS SCALE.NTS D UPON T, S. CONDITION OF=EMIR COMPLETION OF JOB SWILL BE AS GOOD NOR BBEETTTER THAN PRIOR TO �\\\ \ ,5\ STARTINGV*ITH SATISFACTION OF THE OWNER. • 7. CONTRACTOR SL1µLCOWLV IMTHALL APPUUBLE NwTOML \ t I • J ELECTRICAL SAFETY CODE(NESCI REQUIREMENTS,ELECTRIC POLE \\ �»w«+t} I ATTACHMENTGERDELINES f PROCEDURE%f ALL APPLICABLE LOCAL ,, \ \ II.m I!t M�m�m g" i I REQUIREMENTS FAGtIl1ES.ANDREGI .N VERTICAL REGULATIONS EEE 1(1 OF AERIAL \ , 1 S% � B. COMCASTICTES.IDTOR N. ANTAINA OFT) \ \ � ® f10RILONTAL f VERTHJIL SEPARATION FROM ANY EXISTING `\\ e 1 ,+, a AND UNDERGROUND UTILITIES AND PROPOSED CONDUIT. t, \ I®'l 9. LOWE T PART RES E MINIMUM VEMENT FEET CROSSING EN R THE BORING \\`A\ \` „.11. p THUCITY TTPARF OF THE 2 CROSSINGR(AID BOHHNG \ 1-'� r. ACROSS wcmaDAowlAr_ \ 4 ,t\ <nee 1O THE CONTRACTOR TO CONTACT BRAECO COUNTY PRECINCT' \ ` ATOTO-MIA T1'ATEEASTA$HOURSSPRIOR TO CONSTRUCTION. .1g 'r 11. RIGHT-Of,WAV YALLEIE RESTORED TOEOWL OR BETTER \\L ,\ I AND GN RD L AND GN RD CO radfpN WHEN CONSTRUCTION IS COMPLETE tt\ \0 • (FACING SOUTHWEST( (FACING NORTMNEST) \,: \ \ \\\ \ \ Jr t ,\ \ \,I. \ \ sl 'I\ \U V1, \ y \\\ A �\ HMRLCtWMLMPRE ter II.T.A.S. 03901I • ;\ . \ COMCAST PRO+OSESTOO1STALL FIRER ORTICCA➢LE LAM/ERT ISA_ DESIGNED BY; N @OMCaSt 1�8I1 CoorwaTPROF0sESTO POTS DIRECTXxwBORE TT,24AFTToINSTx1 '�, 000010 III00*lt QUANTA TELECOM SERVICES ORTE.RINSOR. SVr 1 i FIBER ORIC OAYE TO PROVOSSERVES RONO REASON CouNrY Tx. 7X�yT5•BRAZI7S COUNTY STATISTS KEYYAP NIA I\eLL RD.HOSTON LTC - ..�{ I SCALE t.m I_-\ MMOR HLnduEURB.NO11MTpt.TlXN Trod _ 10000 RICHMOND AVE,STE,300 DWG.NO. I, TOTAL PROJECT FOOTAGE:1T20F HOUSTON,TX 77042 SHEET NO.7 OF 26 t�1;� V I' �+V \ NOTES.I. TE CONTRACTOR SNAIL DETERMINE THE EXACT LOCATION BY `..T 1� \ 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 P_TMQLECF ERGROuNDUTIITIES BEFORE COMMENCRm ES t \\ V \'VA ,\ PLAN VIEW 6 OF 23 CAUMEKO BY MSAI AND EFR FAILURE TOEXACTLY LOCJ{E TO BE FULLY RESPONSIBLE FTE AND POR ALL RESERVE { - ALL UNDERGROUND FACRJTIES. ,`� Vq 7. CONTRACTOR SHALL TAKE PROPER MEASURES TO SECURE ANY \ V V\ ,,\ SAFOPEETY,DURNG NONWORKING HOURS ALL TRENCH SHAL TRENCHES.CORE PITS.3 EXCAVATION TO ENSURE L:��{yy ,\ BACAFRLEDPFO TRENCH LEFT OPEN OVERNIGHT). %`` \ \,\ ,, 7. ALL EXCESS EXCAVATION TNEENOOF BE EACH DAY,FROM THE ROAD \ V RKMTANMY AT THE ENO OF FACH WY, ` 6 0 VV ,,\ A. CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE AT ALL TRIES `\ 00\ _ ENSURE ALL DITCHESRENWN OPEN a CLEAR AT ALL TIMES. 1/' \ ,\\\ \ . ,\ S. IFITBECOMES NECESSARY FOR EOUIMAENT TO OPERATE ON PORTION OF THE PAVEMENT PRECAUTIONS MJST BE TMEN TO •{{� ' BORE DETAIL PREVENTCON_FROM AMOfANOEVNMT50EVERTO THE PAVEMEIT. Ii• \ , SCALE:NTS a COMPLETION OF HALL BE ASN OF SICEWLK �GOOD OR BETTER THAN PRIOR TO •{ `j STARTNONMTH SATISFACTION OF THECMARR. f \ b I y \ 7. CONTRACTORLS SHALL COMPLYEBYESC) ALL STEMENTS.EELECTRIC \ p 'y ` V\ +,A p q ELECTRICAATTECHMENTAFETYCO GUIDELINES OO IE RALL A PUDABL LOCAL { 1! ATTAVRR ENT NDRE 58 PRaSFOIlP 6ALLENT OPA LOCA POLE, 5 • REQUIREMENTS AND REGULATIONS FOR PLACEMENT OF AERIAL �\\ \t'V5 `\\` I I & COMCA TICONIRACTOR SHALL MAINTMNAT2FT)E ('. ` \ Y I HORIZONTAL a VEROCAL SEPARATION FROM ANY EIOSTNG I {iy AND UNDERGROUND LTRJTIES AHD PROPOSED CONDUIT. "'I\ \\ 11111.�� a 9. THE CRY REQUIRES AMNORVM 2 FEETCO/ER UNDER THE \ { `\ LOWEST PART OF THE PAVEMENT CROSSING WHEN CORNS i ACROSS A CffY ROADWAY 0@yp9TpVNJLI�•\ Y5 5 k I ofW4&2AVTH `{ VV\ '{ i Is THE CONTRACTOR TO CONTACT BRAZ05 COUNTY PRECDICT4 i ArxT0.1H+n w.FAI+Nm \{ ' \ ,\ es ArA Tr.se l , ATVW.�t�Ltr AT LEAST ae HOURS PRIOR TO CONSTRUCTOR. \ ,5 '� B tt,RIGHT-OF.VAiY VAIL BE RESTORED TO EQUAL OR BETTER \ ,5,`,�V ,1\ . CONORWNNMEN CONSTRUCTION IS COMPLETE /1." ? I AND GNRD I' \arcx lees ;A 5 '7 V5 IFACING NORTHWEST) 1 5, ` VV `\ \{\ \\ \ ,,\ 1 1 ,� I r \\,y 5V5`\\ \ i I I \\\ V,5\ \ j \9 I { T�1V 5 \; ti • 5® , ~� ;� \ ��r �- \\\ 'L `VV ,\ `\fir b ;\ " ` ,5 �, E ;5 , ��►►//'�Ry�cc}+ coer.LSTPaoroaBSTONSTAu.FgEaoanCCABLE, - DESIGNED BY• uABERrwA COMtiIYfI/a�l. Tici �$. 1. I coMrOPTTROFasTOPROVITES TO MACE REROWOF27NGRAHAMFa OLLEO OTEYt4 9E1EE0r OUANTATELECOMSERVICES DATE:o7A>Hm. N 1 �F7aEB STAT CANE 7713.NSI E THE R E TO SJT AZORAHAY R_muEoe JBT56186D•3922 N GRAHAM RO,COLLEGE STATION.G _ �• BTATLH,TA7)BC.NSiDE THE RowoF ltRuos CauNFY_iX. TX 77845-BRAZOS COUNTY 4 (SF6YItEi KEYMAP:wA AY70 N RIMED BRBHTODUSTON TEJW 7700 - -LW - . d i _ MONDWG. I TOTAL PROJECT ROOTAGE.17.244 ON 0 AVE.STE.300 SHEETD,8 OF 26 SCALE t e .; \1' 1 NOTES. T_ THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION BY �; T 3922 N GRAHAM RD,COLLEGE STATION,TX 77945 POTHOLE OF ALL UNDERGROUNDIRILRIESBEFORECCALMENGNO ` PLAN VIEW 7 OF 23 CAUSEWORK 99 IHSRIER FAXURE TOAGREE TO BE FuLLY REXASC RESPONSIBLE ANO PRESERVE \�1 '\L �' ,\ ALL UNDERGROUND FACWTI£S. ,. L 1. �5 4 .\\ �,\ 2. CONTRACTOR SRAU TAKE PROPER MEASURES TO SECURE ANY ry =ECM L DM 1HaT�; '� C '.5� OPEN TRENCHES,BORE PITS,&EXCAVATION TO ENSURE MAUL IpT CIAO Hit UNCUT ,.,, 1 . SAFETY.OURING NONAATX'BINNG HOURS ALL TRENCH SHALL DE `A \y `\ A BACIffD!1O(NO TRENCH LEFT OPEROVERNIOH7). \\ 'S \ \ \ ]. ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD ttt EEE 5 \ RDHi•OF•WAr AT THE END OF EACH DAY. ,T\t' L` \5T ,,\ A CONTRACTOR SHALL MMNTAN ADEQUATE DRAINAGE AT ALL TRIES ' q�` SS pap"' r, ENSURE ALL DITCHES REMAIN OPEN 8 CLEAR AT ALL ORES. 'E 8T� 1.`�5 1 \T \D�L , ! S IFRBECO TNECESSARYFpl EQUIPMENT TO OPERATE ON i '/ '/_- R yam. PORTION OF THE PAVEMENT,PRECAUTIONS MUST DE TAKEN TO +al ``f ' _ . PREVENT FROM AM/DMYGE w ATS0EVER TO THE PAVEMENT. I HmTC"� 1` \ �'4 ��`jam"-_��� li ; Q CONDITION OF SIDEVd1LI LAND2CREANS ROAD UPON '.. T � COMPLETION OF JOB SHALL BE AS GOOD OR BETTER THAN PRIOR TOI \ _�f L�.s g}� STARTING WITH SATgfACTION OFTHE WdNER. L'' �, '/ L k IV `, ��-' H 'f''., '� 7- CONTRACTOR SHALL CaIPLY RATH ALL AP�JCABLE NATIONAL /' IL2. r§" '� ! ELICTRCl6t SAFETYCOOE{P@SCIREOAREMENOT.ELECTRIC POLE �.-L {;1_r �� ATTACHMENT ONDELAIES&PROCEDURES&ALL APPUCABLE LOCAL y v -/-'', I REQUIREMENTS ANDREODUTIONS FOR PLACEMENT OF ' y[' �.. .,! T 4 ` CABLE FACILITIES.Le tMN.VERTICAL CLEARANCE. '- \ p/"' Jfv` - 8 COMCAST,CONTRACTOR SHALLAAINTAIN A WTI c::„....--- 6...„--- N/� 1 s L !, .pTwLNE HORIZONTAL BVERTICAL SEPARATION FROM ANY EXISTING �. �,-''X *L s.J><Y \ A\ T AND UNDERGROUND UTILITIES AND PROPOSED CONDUIT. l. pl .•__.' .L ( 1 0. THE CITY REWIRESA MDBLRNM2 FEET COVER UNDER THE 1 /' ''S hhhh E LOWEST PART OF THE PAVEMENT CROSSING WREN BORING J _ �,/,'.m1wLRE `, ix \ �51�\ U6 ACROESA CITY ROADWAY. µ 4 ii `� \` \ 1 \\ ¢ 70. THE COMPACTORATO ECONTAHOURS7OS RIOR TOC PRECINCT _.�p� ` q AT W0 J61J111 AT LEAST HOURS PRIOR CONSTRUCTION. \P L C \ § H.RIGR'•OF•WAY%NAL BE RESTORED TO EQUAL OR BETTER .,% T\ CONORDNWIEN CONSTRUCTION IS COMPLETE 0 T ,`� \\\\ BORE DETAIL `\\ r SCALE'NOS L\ t 5 H CROSSING BORE DETAIL \` '1 \\`, SCALE.WM k},% \ \ I . . '. \\\\ F E m \, \ 4,'S \ I y ' me►STOIR cuT FRO C/OlUd ALL7T LL N\1, AT a XI Wind IN.)151T7 `L y,\ L MOO GN NO VA LN.TH \ !FACING NORTHATSTT `` \� \ COMCJST PROPOSES TO INSTALL FIBER OPTIeCgAyf • I • _ _. LAMBERT:WA IIIIII @®mcaS� COMC,LsT PROPOSES TO PUCE DIRECTIONAL SORE TT301 FM NSTAu " DESIGNED BY. N �; 811 FeaBR cone CANTLE TO mom(9ERADE,o w2NORa+AM R0.00LLFOE J8T56T860-9922NGRAHAM RO,COLLEGE STATION, ( I OtlAtlTd IEIECtlM QUANTA TELECOM SERVICES ,OAT&WORM. STATION.TX 77DC-INSIDE THE RQVOF BRAZOS COUNTY Tx SERVICES �IEYNAR NA M NwaTON,LLC TX 77845-BRAZOS COUNTY 1 F$O NITIDIAEU RD.HOUSTON.TEAAS TTOAD ,ECALE:LN IOOOORICHMOND AVE.STE.SOD SHEETN. TOTAL PROJECT FOOTAGE.T7.TM HOUSTON,TX 77042 SHEET NO.9 OF 26 1 • %�\, \\\ \ NOTES i `\\ 1. THE CONTRACTOR SKILLS DETERMINE THE EXACT LOCATION BY [ \1 \ \ POTI,OLEOF ALL UNDERGROUND UTILITIES BEFORE CM%TENCWG A ,, \ WORN AND AGREE LFULLY EXACTLY CATE ALL DAMAGES ,; ALLCAUSED BY HISMERERGROUND FAILURE TO EXACTLY LOCATE AND PRESERVE . ALL UNDERGROUND FACLRIES, I \' , \\ R7 2. CONTRACTOR SHALL TAKE PROPER MEASURES TO SECURE AM 5,\ t i T \ P �+\ i sAcEOPEN T.DURIN NONMORTONO OURS ALLTREN ENSURE ALLNAC '�y SAFETY.DI/RNG NDNXARIDNO HOURS ALL TRENC/1 SHALL WE ;� ; BACaO'LLED(NO TRENCH LEFT OPEN OVERNIGHT). `\ l 1, T. ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD �4p 'S,`\ RIWR.OF•IR1Y A7 THE END OF EACH DAY. I \ \ �. •1 I A CONTRACTOR SHALL IMNTAMADEQUATE DRAINAGE AT ALL TIMES 1 1/41 ENSURE ALL DITCHES REY!'IN OPEN CLEAR AT ALL 7XAEA \ \ �, • i G IT BECOMES NECESSARY FOR EQUIPMENT OOHS TO OPERATE ON A $� 1 h1 `'\ PORTION OF THE PAVEMENT_PRECAUTIONS MUST BIZ TANEN TO L PREVENT FROM ANY ENRAGE VLNATSOEVER TO THE PAVEMENT. 1� + 1 0. CONDITION OF SIOETaOaHA LANDSCAPEAND ROAD UPON \LCOMPLETION OF JOS SHALL BE AS GOOD OR BETTER THAN PRIOR TO ,, "'4 \ \ ` STARTING BATH SATISFACTION OF THE OA01ER +\ "15 \, 1 n.P,., 7. CONTRACTOR SHALL COMPLY MATH ALL APPUDAGLE NATIONAL `1 1, ` ELECTRICAL SAFETY CODE IwESGI REOUTEEMEMs.ELECTRIC POLE \ 1 ` ATTACHMENT OIEDELINES 8 PROCEDURES B ALL APPLICABLE LOCAL •5 F y •' REQUIREMENTS AND REGULATIONS FOR PLACEMENT OF AERIAL y���4 `\ CABLE FACILITIES.18'0'MM.VERTICAL CLEARANCE 4',,\ S , N. HORIZONCCOACASTAL CONTRACTOR TICAL SEPARATION FROM ANY EXISTING A \\ A. UNDERGROUND UNDERGRAO UTILITIES AND PROPOSED CONDUIT J\, ` 0, THE CRY REQUIRES AMNS,IUY2FEET COVER UNDER 717E l; L�` 44\,:at7.twe LOWEST SSSS•CIYROADWWA1YiEMEM CROSSING MEN BORING 7 \b to THE CONTRACTOR TO CONTACT BRA203 COUNTY PRECINCT 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 �; \ 4 AT079 414111 AT LEAST 48 HOURS PRIOR T000NSTRUCTION. PLAN VIEW 8 OF 23 <\q "1 4 \ 11,RIGHT-Oi•UMY LMLI�RESTORED TO EQUAL OR GETTER 3, \ L\1, CONDITION WHEN CONSTRUCTION IS COMPLETE III,TPE \, k \ 1 \ 1 1 BORE DETAIL +V 5 5 DRIVEWAY BORE DETAIL 1 \; \ I SCALE:MS I SCALE:NTS \ L \ 1 1 @4 6 1 m ��\` �`% y . v I mert, �clo`� I # 7'~ '°4 \L\ \ rII 1 I IIIII=!_ ' Th �, 1 a 0 { .4 y I AND ON RD `\ 7, 6 _ IFACNGDrAINT3M4OY4 RO JFACINO NORTFINESTJ p��s_ __...... _ -_\T \ t`.""41 ,X . I _ __ _ - 4 11 f,M,X'seT PROPOSES TO INSTALL FIBl0.OPTIC CABLE. 1 /uWBERT MA DESIGNED BY: �®r p�.sy OOxGLST PROPOSES TO PLACE ThCTTDDIRECTIONAL CF BORE v�FT TO INSTALL po E$a,11#1 UV IF QUANTA TELECOM SERVICES DAM 0a3MIIA (ICI Tlm *T� �8 FT.EWovrle CAmE T°"KT"URYClic:73 rNOPMAR RD.ca.LE04,JB1561860-3922 N GRAHAM RD,COLLEGE STATION, ((�L11 I NI r I,WSTON.LLC w 5 STATION TX ME ROVlOF BRXIZOS CDUNIY,TX. " `a,:*..� SERVICES Nenww:wn I TX 77845-BRAZOS COUNTY 'sea VI TE,M[u WG NOVSYON.IFXA77T00 9r•,A-,:./ 10000 RNOHMOND AVE.STE,JOO DIAL,NO. 4e. TOTAL PROJECT aODTAGE=+r2er I HOUSTON,TX NMSHEET NO.10 OF 26 0 •s • \ . \ NOTES 9Yscno.4 ECM Nor r 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 I T C�C�SHALL DETERNNE THE EXACT LOCATION BV PPP man MK COMSAT I ,, POTHOLE OF ALL UNDEROROWO UTILITIES BEFORE COIAIFN^MO 1L YIORAAND AGREE TO BE FULLY RESPONSIBLE FOR ALL QAAeAOES \\ \ PLAN VIEW 9 OF 23 CAUSED BY HIGHER FAILURE TO EXACTLY LOCATE AND PRESERVE ALL UNDERGROUNDROUND FACILITIES.,\ \ T\ 2: CONTRACTOR SHALL TALE PROPER MEASURES TO SECURE ANY OPEN TRENCHES.BORE PITS.A EXCAVATION TO ENSURE PUBLIC •• • GUM.OURPIGNOPM AICNO HOURS ALL TRENCH SHALL BE t BACI6ILLED(NO TRENCH LEFT OPEN OVERNITWTI. \\ \ \i•9.LHlM[ \lG S. ALL EXCESS EXCAVATION TO BE REMOVED FROYbE ROAD 1� RW AT END OF EACH OVE 4 CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE AT ALL TW ES 1,0 ENSURE ALL DITCHES REMAIN OPEN A CLEAR AT ALL TIMES. \ } 'A\ S. IF IT BECOMES NECESSARY FOR EOIAPMF IT TO OPERATE ON A %\ PORTION OF THE PAVEMENT.PRECAUTIONS MUST BE TAKEN TO �m ,\-/ ` PREVENT FROM ANY DAMAGE WHATSOEVER TO THE PAVEMENT. J" 9 ,C\\ S. CONDITION OF SIDEWALK LANDSCAPEANO ROAD UPON U •T COMPLETION OF JOB SHALL BE AS GOOD OR BETTER THAN PRIOR TO L\ k\\ STARTING YAM SATISFACTION OF THE OWNER. 7 CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE NATIONAL \ $ ELECCHMEN SAFETYGOO((IE31.7REQUIREMENTS,ELECTRICPOLL 1 \ ATTACI FAMNESVIDELRJES I PROCEWRES A PLACEMENT OFAE RI LOCAL 1 iD REDIUREMENFSAND REGULATIONS FOR OF AERIAL \ matte FACILITIES.1C ORN.VERMALCIEARANCE \ B. CCMCAST 7OOHRQACTOR SHALL MAINTAIN A OFT) \\ l \ NRQONTAL I VERTICAL SEPARATION FROM ANT EXISTING \ S AND UNDERGROUND UTU7IES AND PROPOSED CORDIAL I\ •t \y \ 9. THE CRY REQUIESA AERMLM 2 FEET COVER(MISER THE t\ \ LOWEST PART OF THE PAVEMANT CROSSING NMEN ammo ACROSS CITY ROADWAY. ,\\\ `\ 1Q THE CONTRACTOR TO CONTACT BRAZOS COUNTY PREP-II/CIA AT W94814111 AT LEAST AB HOURS PRIOR TO CONSTRUCTION. •\ 1I,RIGHTODN•OMEN CONSTRUCTION TO POET OR SETTER \\ ,\ CWORIONWHENCONSTRUCTi0N IS COMPLETE • \ \ t\ \ BORE DETAIL >'\\ SCALE NTS rS; x \ G` \S 4L \ I \; \- \ i f \;� \ `\ _ v \moose,NL , �e4 • `T Aom NHAIIW \\ \ V 1\ \ \ I AND GNRO \A \ !FACING NORTMNES11 fit- - \ ,` • COMCAST PI70PO5E3 TO MSTALL FIBER OPTIC CAKE. - I - - --- DESIGNED BY: LAMBERT MA CONSIST PROPOSES TO PLACE DIRECTIONAL BORE MPH FTTOWSTALL �!� 0�1ATE TfLf�aY QUANTA TELECOM SERVICES GTE;07ALYJ9N Tf�V a�* PSEAOFTTC iOSEAS A Gomm DTTu GE J61581860-3922 N GRAHAM RD.COLLEGE STATION, (Ct{J G I CES AETMAP wA ( omcast. �T1 i'- TX 77845-BRAZOS COUNTY "'"``+++�r� CC IMOLS/TOPELLRD.HO STOI.TEXAS WWI V I 10000 STE.WOSCALE 1:10 (/tli/\ TOTAL PROJECT FOOTAGE:IT�F HOUSTON,TX 77042 SHEET NO.11 OF 26 ``I_ • pomp'-- -__ - __�- .a 1 1 k __ • •5 ,,5i,\\ NOTEb: I I. 1♦l T♦\ I. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION BY • \L ''\ POTHOLE OF ALL UNDERGROUND UTILITIES SEFORECOIIIIENCMO 1 TL `E VVRKAND AGREE TO DE FULLY RESPONSIBLE FOR ALL DAMAGES I ♦♦`5 ��' T♦\• CA SEE DEY HIS/HER FAILURE FA L�TSO EXACTLY LOCATE AND PRESERVE I, r 3922 Id GRAHAM RD,COLLEGE STATION,TX 77845 L I'S\ 2. CONTRACTOR SMALL TAKE PROVER MEASURES TO SECURE ANY ' PLAN VIEW 10 OF 23 .T \ `,,.....___;\ EHFFETY.DU OPEN E WIINNGNONO ORANGHOURSALLLLTRENCH TO SHALL BE t 14 ? BACICFILLED(NO TRENCH LEFT OPEN OVERNIGHT). I uREGITOvL 119 l.L 'y \ Q T- ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD DR7 IOR-1 I HIFE COWaT \i, ' jt Y RRSXT- FaM1Y AT TIE ENO OF EACH DAY. • A 1, \ l,\l• A ENSURE AU.DITCHES ROOM OPENCLRAR Au.T TE CONTRACTOR SNAU.MAINTAIN ADEQUATE ORAINACE AT R.TNES 'I _-\ �\ S. IF IT DECOMES NECESSARY FOR ESUIPMENT TO OPERATE ON A ` '�A\y• h''• PORTION OF THE PAVEMENT.PRECAUTIONS MUST El TAKEN TO L • PREVENT IRON&ANY DAMAGE VAMTSOEVER TO THE PAVEMENT. �' \ , lk 0. CONDITION OF SWARM LANDSCAPEANO ROAD UPON COMPLETION OF JOB SHALL BE AS GOOD OR BETTER THAN PRIOR TO STARTING%M H SATISFACTION OF THE OVAIEFL DRIVEWAY BORE DETAIL /� 9 \ \• 7, coNmACTOR SHALL COMPLY VTAM ALL APPLICAOLE NATIONAL i SCALE:NTS ♦CI101LK •*q, PPP ELECTRICAL SAFETY COCA(NESC)RECUIREMENTS,ELECTRIC POLE S \ \ ♦\ ATTACIOIENT ONDELNEA a PROCEDURES I ALL APPUCAULE LOCAL I " \L `\ \4 I CABLEF ES.Nf CAND O IN.VERTICAL CLEARANCE.ATIONS FOR PLACEMENT Of AERIAL S COMCASTI CONTI/ACTORS/MLL MAINTAIN AI2FT) \ XORRONTAL a VERTICAL SEPARATION FROM ANY EXISTING T4 D \ ANO UNDERGROUND UTILITIES AND PROPOSED CONDl11T ... _ ;a \ ' 0. TNECm REOUEIESAMMIWYIFEET LOVER WIECR THE ( PA01`03EOa!>•sFNI WISArYFT I.OVVEST PART OF THE PAVEfAFNS CWOSSINO WREN BORING AT W.OL111MJ I, ACROSS A CRY ROADVAY. E STA O•TC % ` l` ) t0. THE CONTRACTOR TO CONTACT BRAZOS COUNTY PRECINCT 4 ! A r ;I ATN794014111 AT LEAST ANHOURS PRIOR TO CONSTRUCTION. • j * I ♦\ I, f1,RIGHT.OP.WRY WILL BE RESTORED TO EOWLOR BETTER yyy CONDITION WHEN CONSTRUCTION IS COMPLETE I [NM.,. I fFFR Orr M �` Ti\ 1, I WDGN RD 104-C1w-N NOTECaOJt ‘I''" , .,y, \Il I ,'RACING SOMTIMESTI µ • PROMO&V/QAT A y. • 1 AT ONF•A.zxt A t1\ l,\ N m sm..WCLI1 MS i a VA CFI S,5 \ ♦ 1 r //� `\L • ._._ .... _ •gi01LAEr \ \ DRIVEWAY BORE DETAIL r+\\\1\s SCALE,Nrs BORE DETAIL CONE NTa T\ 1 I 11 _ \\\'� � I Eli A ..„..V......‘Sk 'I I ANC)GN RD r \�\ , l\ (FACING SOUTHWEST) LAND •ON RD '' l\ I VAGMGNWRtfMRbT: 1 .1 S f•Sim.- � _ .a,.. .__ .... • COAICAST PROPOSES TO RJSTALL TITER OPYCUBJ,f� WIBERT�WA DESIGNED BY !'COMCILS'T PROPOSES TO PLACE DIRECTIONAL FORE 172aA FT TO INSTALL ��,j ®���� �V+��' fi.$�� ;�PIBERtIPf1CIJlELETGPI°V"SERVILE TO T2R2 N GRAHAM RD.c012ERE .J8158)860-3922N GRAHAM RD,COLLEGE STATION, f•"��°C All ill 8L 1ELECOM QUANTA TELECOM SERVICES IRATE.matmX:A v STATION,Tx T7E0.INSfpE THE RCINOFbCQyOITY,T)L "'$]'i SERVICES 1(EYMAP,N/A p HOUSTCN.LLO !! TX 77845-BRAZOS COUNTY MAa W T1pNFu AD,HOUSTON,TEXASI7em - _r - I 1 DODO RICHMOND AVE,STE.300 DWG.NO. :.SCALE:I alTOTAL PROJECT F J FOOTAGE:17,2a( HOUSTON.TX 77042 SHEET NO.T2 OF 26 �# � ��, \ I1 V • ii I. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION BY y `1, CROSSING BORE DETAIL 2 POTHOLE OF ALL UNDERGROUND MATES BEFORE C04eAENCWG Y , 4 \ ,\ CAUSED BY AGREHISSE TOBEURUTORESPONNSIBLE LCAFort Au.otttAtt‘r_A oEANDPRESER•E MM \ , 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 SCALE..NTS q 5 PLAN VIEW 11 OF 23 ALL CONTRACTORORSINO FACIJTES. P �d \� ` \,, F i I II 2, SHALL TALC:S,&EX MEASURES TO SECURE ANY Y 1i tt OPEN TRENCHES.DORE PITS.L EXCAVATION TO ENSURE PUBLIC ). y SAfETY.DURWO NON.WORIQNO HOURS ALL TRENCH SHALL BE L • ta}il \ aao��) B _d ` BACKFELED TO TRENCH LEFT OPEN OVERNONT). �' y'a�L't.., \ \ _I 2, ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD 5 `'\ I I a • RIGHTAF•VYAY AT 77E END Of EACH LILY. I it 4 A, 4 CONTRACTOR SHALL MWNTAN ADEQUATE DRAINAGE AT ALL TINES :i h \ �� II` I ENSURE AU.DITCHES REMAIN OPEN S CLEAR AT ALL TRIES. a»CYNA*M CM faro �L �. ��,p�3,lyg I .w *. S. IF IT OSMOSES NECESSARY FOR EQUIPMENT TO OPERATE DNA . nrTlan�.oPE msu1 l\ " p ^ PORTION OF THE PAVEMENT,PRECAUTIONS d \ II M PREVENT FROM DAMAGE NMATSOEVERLTO THE PAVEMENT. UST 8E TAKEN TO 'L _ ~F `\ (FACING SOINGRD _ _._.�,.- .- _ $ � ,5k\ (FACNG SOU7MNESTj a COMPLETION OF JOB SHALL BE AS 000DNOR BETIED ROAD UR THAN PRIOR TO: \ STARTIMS\MTN SATISFACTION OF THE OWNER. `�5 it 7. CONTRACTOR SHALL COMPLY WTI ALL APPLICABLE NATIONAL DRIVEWAY BORE DETAIL t \ y \ ---�.•-••n____ - -^-•— DCAL SAFETY CODE RIESC)REQUIREMENTS.ELECTRIC POLE SCALE.MS \ 5,$\ ATTACHMENT GUIDELINES I RES a ALL APPICABLE LOCAL Iq REQUIREMENTS AND REGULATIONS FOR PLACEMENT OF AERIAL 11 Ad I CABLE FACILITIES IS OMN.VERMCAL CLEARANCE .� I S •� A� •` `• } `I\ a A COT) HORIZONTAL A CONTRACTOR S PARoax TION FROM MANY ttt\\\\CCC NORRONTALL TRCTO SEPARATIONAIN Al ANY EXISTING BORE DETAIL 2 BORE DETAIL 1 AND UNDERGROUND UTILITIES AND PROPOSED CONDUIT \ SCALE:NTS SCALP:PETS A THE CITYRECUIRES A MINIMUM 2 FEET COVER LINDERTHE t.. , I LOWEST PART OF THE PAVEMIENT CROSSING NMEN BORING _ \ ACROSS A CRY ROADWAY, �.I � L 1" II to ,,\ 1 w 5 7 I {' •{ ¢ t IT,THECONIRACTQRTOCONTACTLRASOSCOUNTYPRECINCTA J Imuaw --YFI � \,, ` I F I I I I ( AT4F8.9MdL11 AT LEAST a9 N0UR5PR10R TOCONSTflUC1KK1. . � y : 1 { �, ! \ tTRO U`N 1D GN RIW \ .` (FACINGNOLTNWEST1 (FACING NORTHWEST) CROSSING BORE DETAIL 1 1: t`.,.Sfr"---- \ -�..-._._'_'.`_._ _'._._`.._ -`V`_�-_�...__•� __ ---- l SCALE NTS t y A Vi t\ k r I �a \\ I q ,IL M J ) �, 1 V'. PRro044.4.1 T f �f 11,4� ;t 9`t `� 1Al.. 4,141 7,0 wxxlisl pI \` am»a. pq 4 \\ ISRICT..DMZ �'11; -- . __ �1 r.w.w' q�� ��. T 11 IDT-�1 CA5iOMT gyp + IAND ONRO h R6R�pvyAT d. �y t. • (FACING NORTHWEST) y\\ 5 a -'L � { AkS N IAMBUSIwFiMXN7 1 1 A �'�,'1 ,n-�. ,..�$� R OW WIORART \ 1` \) 5 T -V,y ,- ;F e _ _ e.. _ ,, iI aI 1 COLK LST PROPOSES TO NLTN1.FOUROPTICGELE, • 6_ _ + DESIGNED BY: UART•VA oo...ASTPaoPasEt TDFLACEDwECTrmAL SORt17yMF7TZTTA4 4YRRTL 7Et EC011 DESIG ED BY: OM SERVICES oATE'w+mmz. N @in, 0'saS __(_ Q E I�'411 Q 1- OPTIC LE TovRovoE3E ROWOlEPS2OA NAMRo.mLLEQE J®156186U-3922NGRAHAMRO,GOLLEGESTATION, '�IIIA� 4 "' v STATCH,T71 T7Iaa,r+sIDETHERaroDFDazoocouortY,rIL ` S E R Y ICES IEwaAv wA. uHOUSTCH.LLC _ .., I` TX 77845-SRAZOS COUNTY M80 NU TVAELL RD,HOUSTON.TT,XAS 77840 7' 10000 RICHMOND AVE.STE.300 DWG.NO. SCALE I'tl TOTAL PROJECT FOOTAGE.17.38 'j 'HOUSTON,TX 77042 SHEET NO.13 OF 26 _> t4 _ , ��' U �ls5. y NOTES: l I. THE CONTRACTOR SHALL OETERRINE THE EXACT LOCATION BY • �A } � POTHOLE OF ALL UIJDERGRGUN0 U161TIE5 BEFORE CO/AIEHCWO \3 • reaeDEmelaXtHi6>(raaxrl WORK AND AGREE TO BE FULLY RESPONSIBLE FOR ALL OAMAGE.S /' 4 t ATNIILfMAXwY]11MI CAUSED BY NSMER FAILURE TO EXACTLY LOCATE AND PRESERVE E S �,VTAA \ E. 41A Anp ALL UNDERGROUND FACILITIES. mcnwAlwPe 1R 5 ���1'/A'SOAnerOHl OO+OY1 2. CONTRACTOR SHALL TAKE PROPER MEASURES TO SECURE ANY SAFET,OuRNG NOMJ ORNIN FITE NOUNSEXCAV AIO TRENCH TO SHAURELL PUBLIC T. '\q &1FETY.OURUIG NCKNARIONG NOUNS ALL TRENCH SNAIL SE 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 OPEN BACIffBLED(NO TRENCH LEFT OPEN°VERMOIIT). � / \„L1 PLAN VIEW 12 OF 23 3. ALL EXCESS EXCAVATION TORE REMOVED FROM THE ROAD •t,_4 I RIGHTAFUNY AT THE END OF EACH DAY. • 1 Q1O0.410- 'B• ♦ ATNnI G�IIU.W tA1� \ ,//•TA p,q 4 CONTRACTOR SHALL MAINTAIN ADEQUATE DRATAGE AT ALL TIMES am` ENSURE ALL DITCHES REMAIN OPEN S CLEAR AT ALL TIMES. 10,1°' 1.6 S. IFP IT PORTION MESOF E PAVEMENT. PRE UTIO S BE ATE TAKEN• �, PORTION CA THE PAVEMENT, MUSTPREGUTION5 BE TAKEN TO • • \ PREVENT FROM ANY DAMAGE WHATSOEVER TO THE PAVEMENT. "Tj. B CONDITION OFCeJOB SHALL OR SETTEROAD N THAN \\ °i-\\ COMPLETION OF JOB SHALL BE AS GOOD OR BETTER THAN PRIOR TO •\ \\• STARTING MXTH SATISFACTKXN OF THE MAIER. ••` T. CONTRACTOR SHALL COMPLYVATH ALL APPLICABLE NATIONAL \\ ELECTRICAL SAFETY CODE(NM)REOAREAONTS.ELECTRIC POLE BORE DETAIL \ N. \ ATTACHMENT GISOELNES$PROCEDURES BALL APPLCABLE LOCAL R>"m F,NTS " \• REQUIREMENTS AND REGULATIONS FOR PLACEMENT OF AERIAL \ CABLE FACILITIES.IS 5 MIN.VERTICAL CLEARANCE. ti \\ S. COMCAST•CONTRACTOR SNAIL IJANTAVI A MT) `, \ '\ HORIZONTAL•VERTICAL SEPARATION FROM ANY EXISTING T. \\ MC UNDERGROUND IRLLiDES AND PROPOSED CONONT. I I I. I \ \�,\ I. THE CT'REOUOREEA M1MMu42 FEET COVER UNDER IRE Bll \ LOWEST PART OfTHE PAVEMENT CROSSING wMEN BONING R,a,® a ,•\ \ \\ + ACROSS A CITY ROAOWIY_ L • x Mt CONTRACTOR TO CONTACT BRA205 COUNTY PRECINCT • ``\ \ \\\ � AT 978461411I AT LEASY 45 HORS PRIOR TO CONSTRUCTOR g 11.RIGHT-OF-YW W WILY BE RESTORED TO EQUAL OR BETTER 1 ,\;\ CONDITION WREN CONSTRUCTION IS COMPLETE I AND GN RD (FACING NORTHWEST) comb •\ y \\;` • • \ \ •• \ ss \ E ;.,‘. .. • ROAD BORE DETAIL 1 ROAD BORE DETAIL 2 •\ \ , SGM.E.NTS SCALE:PITS ,, '0„4\ \\\ \ w 5y` \ lb \\ \ \•, • \ \e \�. \\ I AND GN RD I AND ON RD '•\ \ 4•, (FACING NORTHEAST) IFACINO NORTHEASTI \_ COL/CAST PROPOSES TO INSTALL FIBER OPTIC CABLE DESIGNED BY; LAMBERT;IRA ((•o�/O,�/�\\ �y�C/►C/A�I .,{ COAGAtST PROPOSES TOPIACE OIRECTCNAL BORE IT,54 Pr TO INSTALL QUANTA TELECOM SERVICES GiE O1p]GOL4 N dsVS'� MU 8�{7, FILJER OPTIC GBIETOPROVIOESERVCETOTESXNDRAHAMED.00LLE1HE Jg1561660-3922N GRAHAM RD,COLLEGE STATION, B®ANllk SELLEE I i�~p� of HOUSTON LIG 7\ ! • STATION.TX rne.INSIDE THE LION OF BRaoS CCwm,TX. TX 771945•BRAZOS COUNTY "°•dfi SERVICES REVMAR,NIA MOW TIGAOU.RD.HOYSTON.TEXASTTMB //.. IOOOO RICHMOND AVE.STE.300 DWG.NO. SCALE 11:4A /I�1 TOTAL PROJECT FOOTAGE:Nati HOUSTON.TX 77042 SHEET NO,14 OF 26 V-11 • ♦\ \ \ `\\ NDTEB. I. THE CONTRACTOR SHALL OETERIANE THE EXACT LOCATION BY ,`\ \� 3922 N GRAHAM RD,COLLEGE STATION TX 77E45 POTHOLE OF ALL UNDEROROuNDImrnES BEFORE COMMENCNO WORK AND AGREE TO BE FULLY RESPONSIBLE FOR ALL DAMAGES .1 PLAN VIEW 13 OF 23 GUSEO BY HIS/HER FAILURE TO EXACTLY LOCATE AND'RESERVE `�♦ ALL UNDEROROUND FACILITIES, ♦, ♦ \\ 2. CONTRACTOR SHALL TAIL PROPER MEASURES TO SECURE ANY \ ,- ` OPEN TRENCHES.BORE PITS.A EXCAVATOR TO ENSURE PUBLIC ♦ \ \" SAFETYDURING NONWORKING HOURS ALL TRENCH SHALL BE '�•\ `�` BACIff.LEDINO TRENCH LEFT OPEN OVERNIGHT), \ '\ "`.'t\ 3. ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD \ RI GHT-0FA NY AT THE END OF EACH OAT. I CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE AT ALL TRIES �'ly ` ♦ ENSURE ALL DITCHES REMAIN OPEN•CLEAR AT AU,lIARS. `♦\ \\' \\\ E. IF RBECOMES NECESSARY FOR EQUIPMENT TO OPERATE ONA \ \ PRECAUTIONSPORTION TIE PAVEMENT, \`\• PREVENTFBONI ANY GAMBOL MMATSOEVER TO THE PAVEMENT, • ,,\ - ! 4�'\\ R CONDITION OF SIDEWAUI,LANDSCAPEAND ROAD UPON `\; COMPLETION OFJOB SHALL BRAS GOOD OR BETTER THAN PRIOR TO `♦ \\ STARTING IMTH SATISFACTION OF THE OWNER `\. \�• 7. CONTRACTOR SHALL COMPLY WTI ALL APPLICABLE NATIONAL 4 `\\ ELECTRICAL SAFETY CODE(MSC)REQUIREMENTS.ELECTRIC POLE ,\ �, \\• ATTACHMENT GUIDELINES A PROCEDURES A AU-APPLICABLE LOCAL ♦R 4 REQUIREMENTS AND REGULATIONS FOR PLACEMENT OF AERIAL ♦\ h+\.'r *` \♦ CABLE FACILITIES.IF 6 MN.ERTICL CLEARANCE Tp\l•• 1 @ `� S. CCMCAST HORIZONTAL i VERTICAL SEPARATOR FROM�EXISTING ` • \ AID UNDERGROUND UTILMES AND PROPOSED CONDUIT ♦\ \\ i \V O. THE CITY REQUFEEAMPAMMA 2 FEET COVER UNDER THE ♦♦\ ,AB $ \\\`, LOWEST PART OF THE PAVEMENT CROSSING WHEN BORING • ACROSS A CITY ROADWAY •`\ S \ • 10. THE CONTRACTOR TO CONTACT BRAZOS COUNTY PRECINCT A \\`\ AT 970 4614111 AT LEAST NB HOURS PRIOR TO CONSTRUCTION. •♦ A .. �N\ \t`s\ 11. OEDITIOOR OF-VIM YN COONSTR RESTORED UCTION IS CO OMPETE BETTER • \ . Macs..K4,7 AM HW t • BORE DETAIL `\ \`: SCALE r+T$ • \ \�. sz G J -I N. � y \\• � ,ySTAI]WMIMItA 1 \ I AND ON RD \ � (FACING NORTHWEST) \ \� ♦♦ N. \ \ ``, \\ q COMCASTPROPOSES TO INSTALL FIBER erne CABLE. LAMBERT.WA DESIGNED BY; COr—C S CaMUIET PROPOSES TO PIACEOMECTIONAL SORE MTN TO INSTALL N ,rR�►LMiV`T9. Bayne 811 RUE0P71C dBIe TO IMwIOE%Erasgs>m N GRAHAM RD.rw.FrM J61561860-3922 N GRAHAM RD.COLLEGE STATION. fRI ! N IIBITS IsEEECOM QUANTA TELECOM SERVICES RATE.MENNE. (� sTATIOM.TX T7SC.IISIDE THe RdNOF BRA20S COUNTY,ill TX 77845-BRAZOS COUNTY `'" Sf IYICES XEYMAP,IPA a woUETOH.IIc Ma +1 W.TIDvaELLRO.HousroN.TEXIL777BNe --- .. SCALE_I ND 4 I\\ TOTAL PROJECT FOOTAGE:17,70f HOUSTON,TX 77042 AVE.STE.300 SHEET NO.15 OF 26 ri;1111 • b •`\ `•\ \, `♦;\ NOTES �.\ -� ♦ I. THE cONTRACTOR SHALL OSTER ARE THE EXACT LOCATION BY ♦,t •• POTHOLE OF ALL UNDERGROUND UTILITIES BEFORE COMMENCING •`\ \\. ``♦♦s VGUlED FT N IER F WORK AND AGREE TO BE FULLY f TORERAGP RESPONSIBLE LOGTE AND DAMAGES RYE u`. ALL UNDEROROUNO FACLUTIES. •` `, `\ \ EA 2. CONTRACTOR SHALL TAKE PROPER MEASURES TO SECURE ANY ♦`• OPEN TRENCHES,BORE PITS.6 EXCAVATION TO ENSURE PUBLIC \. `♦\ SAFETY,OURINO NUN.TVORIONG HOURS ALL TRENCH SHALL BE , • \ 3922 N GRAHAM RD COLLEGE STATION„TX 77845 BAdGLLEO(NO TRENCH LEFT OPEN OVERNIGHT) \\ -` PLAN VIEW 14 OF 23 `•\ 1 ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD ', �'`♦• CREVICE.OPE ONT.tot I REOF.WAY AT THE END OF EACH DAY `.\ '•� 4.♦\s• ! A. CONTRACTOR SHALL MMMAN ADEQUATE ORARIAOE ATM;TIMES , ♦ ENSURE AU.DITCHES REMAIN OPEN L CLEAN AT AU.TRES. •\ S. FR BECOMES THE PVEMEN.PRE PRECAUTIONS USTO BETTE KENA ., ♦`s\ PORTION OF THE PAVEMENT.PRECAUTION!MUST 6E TAKEN TO PREVENT FROM ANY DAPMGE WNTSOEVER TO THE PAVEMENT. I., •,... \` '' aCONDITION OF SIDEWALK,IANDSCgPEAND ROAD UPON .G AZ OF A SHALL DE AS GOOD OR BETTER THAN PRIOR TO •• ` STARTINGRA SATISFACTION OF THE OWNER • DRIVEWAY BORE DETAIL \ a \ ♦♦\ TI 7. CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE NATIONAL \ ♦ ELECTRICAL SAFETY CODE(NESGLREOUIREMENTS.ELECTRIC POLE SCALE.NTS \ \_ `s, ATTACHMENT GUIDELINES 6 PROCEDURES 6 ALL APPUCABLE LOCAL ♦\ REOLIREMENTS AND REGULATIONS FOR PLACEMENT OF AEMLL `• '�\ \ ♦`.. CABLE FACIUTES.ID'F AMN,VERTICAL CLEARANCE. , \ • COMCASTI CONTRACTOR SHALL MAINTAIN A(2FT) ••\ \ HORIZONTAL 6 VERTICAL SEPARATION FROM ANY EXISTING N. 'D ♦`• AND UNDERGROUND UTILITIES AND PROPOSED CONDUIT `♦ ��I' •••\ \ ♦ a THE CITT'REGUIRESA MINIMUM 2FEET COVER UNDER THE ���� r `t\ `♦\ LWLEST PART OF THE PAVEMENT CROSSING VLHEN BORING 01 aoA. .\ ♦, ACROSS A CRY ROAONGIT, I��I r ♦_, 70. THE CONTRACTOR TO EAOTAS HO BRJQOS N TO CT PRECINCT ♦ ♦`1 { AT C NTRAC1AT LEASTABHQURS PRbR TO CONSTRUCTION. PRECINCT4 .PTW LAq ` r.,, ♦♦` H.RONDITON RECO SE RESTORED CO COMPLETE OR BETTER IIMMINIIIIIIIMI • �•• CONDITION MEN CONSTRUCTOR IS COMPLETE I AND ON RD •\ , ♦. (TACRNO SOUTHWEST) �y.� ♦`�• ,•\• .• \ `♦♦ ROAD BORE DETAIL BORE DETAIL '�.* °•` SCALE.NTS \ '\ .. SGLE:NTS 'a `\ ♦♦ AT NMNIN 411' JT^ r I ss \ • Nsfz;_._I , :\ SOEtOomo.we Or ,•I ANOON RD \ • �, D•,� I AND GN RD (PACING SOUTHEAST) ,� 'A (FACING NORTHEAST) ` •�,\ :O "• \ \ .` .,`•\ ♦ • • �� u oONKAST PROPOSES TO INSTALL FIBER OPTS'INN II. meat:MA - DESIGNED BY: C®m/ ast M CONCASTPROPOBESTo PLACE DIRENALDOREnaFTToINSTALL ' N 811 FmeROVDeaxETO PARADE Rv T oR owLEDE JBT561B60- LGE5TAT10N, i7 FLEC9M QUANTATEtEWMSERVCES ' ' N STATION.Tx 77/mS.INSIDE " SIMES NI DSTCN,LLe ��$BRAZOSCOUtt KETbAAP w 69WW.TO O.DO,1ANSTON,TEAASTTOO SCALE TAD (/t+\ 10000 FtICHMOND AVE.STE.300 DWG.NO. TOTAL PROJECT FOOTAGE:17.XS HOUSST(N.TX 77042 SHEET NO.16 Of 26 1�.J C eARaulJ WPM,11244 ,1 • \O f,A ta.M NOTES: � �'' 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 1. THE CONRADTOR SHALL DETERMINE THE MACYLOC TOR BY POTIOLE OF ALL� ORE COMMENCtNG \ 4.s`,L \ PLAN VIEW 15 OF 23 IMRE AND AGREE ODE lRL RESSPPONSUTILITISIIBLLEEFORRALL ES `.\ CAUSED BY HISAIER FAILURE TO EXACTLY LOCATE AND PRESERVE ALL UNDERGROUND FAC0.RIES. i z§° \ 2. CONTRACTOR EHALL TARE PROPER YEASORES TO SECURE ANY a' a 'f `\ OPEN TRENCHES,BORE PITS.AEXGVATON TO ENSURE PUBLIC ��\\ �� SAFETYOURMONOHAYDRWNO HOURS ALL TRENCH SlMLL BE scammED WENT Wm., R CKFR.LEO INO TRENCH LEFT Of EN OVERNIGHT). AT M)ASNI,aA,W JA]afa PAo-ot `\\ , \ �.\ I ALL EXCESS RIOHT.CF.AWATVTT€EN TO BE DOF EACH DAY. IRON THE ROAD t,pIWI 11CyDOLE O , N. ; C ENSURE ALL DITCHES REMAIN OPENL CLEAR AT ALL TINES. OFT KIWI NOgT WOO ,�,5 ,,\ A. CONTRACTOR BORE DETAIL-2 M MAINTAIN ADEQUATE��50 AT ALL TREES \\\ SCALE.NTS 0. IF IT BECOMES NECESSARY FOR EQUIPMENT TO OPERATE ON A PORTION OF THE PAVEMENT.PRECAUTIONS MUST DE TAIIEN TO •\\\ \ ,\ a PREVENT FROM ANY OANWGEVAUTSOEVER TO THE PAVEMENT. \\ \b \ 1 I B CONDITION OF SIDEWALK.LANDSCAPEAID ROAD UPON `, g i J # STARTDTIONT YOB SHALL BE AS THE 0(R OETTER THAN PRIOR TO x I i STARTINOwRH SATISFACTION OF THE CMMER. OtTMUNE ;y\\ ,ram J 7. CONTRACTOR SHALL COMPLY NM ALL APPLICADLE NATIONAL BORE DETAIL \ `\ i ELECTRICAL SAFETY CODE(NESC)REQUIREMENTS.ELECTRIC POLE •ski,..:, yS - --- ATTACHMENT GUIDELINES A PROCEDURES 6 ALL APPLICABLE LOCAL SCALE FITS 1IL REQUIREMENTS AND REWIATIONs FOR PLACEIAENTOF AERIAL \ ,,\ � I CARLEFACUTES.IS IF MN.VERTICAL CLEARANCE. I. CPwGLSTICONIRACTOR SHALL MANTAN A(2fT) m I \\ .aeN� HORIZONTAL 6 VERTICAL SEPARATION FROM ANY EIRSTING ,�\ `^ AND UNDERGROUND UTILITIES AND PROPOSED CONDUIT I I tl -$� \'T� GN RD SPACINAND NORTIiWESTI 9. THE CRY REQUIRES AMSYIWM 2 FEET COVER UNDER THE Vb ,� LOWEST PART OF THE PAVEMENT CROSSINOVAMEN OCRING ACROSS A CITY ROADWAY. ;��� ,,\\\ �,a �V\ 10. THE CONTRACTOR TO CONTACT BRA7A9 COUNTY PRECINCT' `.,\ A. AT 979497.4111 AT LEAST RI HOURS PRIOR TO CONSTRUCTION. Pw \ \MP s ` 11. RIGHT .. \\\ \ \ CONDITION WHEN CONSTRUCTION IS TCONPLETE SETTER I AND ON RD 4 \\ \9 (FACING NORTHW ,`EST) •` \ \ \\•\ \0 • ` \ \\ D ,\ ,BORE DETAIL 1 \\. �, SCALE NTS CROSSING BORE DETAIL 1 `;\ \ SCALE.NTS \$ t ♦ ,T I r , \ ! %, ,\ ma0 I u.�� ,\\\ \ ,,\ � � = /�\ onccRo.LSO Im/ L PR.SOWN NPE COOS, \ m" \ ,\ GREENS PRAIRE RD IAA ON pQ \ , ¢ADNO NOISINWESn (FACING NORTMEASTj ^to\ \ \ • I COMCAST PROPOSES TO INSTALL FIBER OPTIC CABLE LAMBERT:MIA �®!R R®„s.Si me50TPROPOSEATO PLACERRECTITAPONE 17,22A FTTO INSTALL DESIGNED BY: (i,P�M7 L r S�f FIBER OPTIC CIRCLE TO .NIS E SETNCE TO]Y72 N QRAHAII RD.COLLEOE ,1B15S18E0-3922 N GRAHAM RD.COLLEGE STATION. ;- 'S I aura Tip T E L[E®EI QUANTA TELECOM SERVICES DATE' IM STATION.TX77Stl,INSIDE THE ROW CPMV SQDGNry.Tx. • TX770f5-BRAZOSCOUNTY ''+=iC SEWgICES REYIIII►:plA IF HOUSTON UC MOW.T)54A&L AO.HONSTON.1EFA,70.0 - - ` SCALE 1'4 // 1r1} E n TOTAL PROJECT FOOTAGs0i HOUSTON,TX 77042 STE.300 SHEET NO.17 OF 26 �(l s \,6, '\T NI OTES. CONTRACTOR SHALL E€TERMNE THE EXACT LOCATION BY 9h\ \\ POTHOLE OF ALL UNDERGROUND MITES BEFORE COMMENCING �` \ BORE DETAIL PARKAND AGREE TO BE FULLY RESPONSIBLE FOR ALL LIAMAGE$ \sT SCALE NTs CROSSING BORE DETAIL CAUSED BY MINER FAILURE TO EXACTLY LOCATE AND PRESERVE I\ ,,\ p 'SCALE.NM AU.UNOERCJIOUND FACILITIES. , I 2. CONTRACTOR$HALL TAKE PROPER MEASURES TO SECURE ANY \ , i C { OPEN TRENCHES.GORE PITS.4 E=GVATON TO ENSURE PUBLIC '\\ \ \ I I I ..� I I } I B0ACI6KLEO(NO TRENCH LEFTTOPEN OVERNNG HOURS AU.TR TI.NSNAII RE \ \!D la p N I . S. ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD V , N m I .M�II I rw RIOHT-0FdtAY AT THE END OF EACH DAY_ II \ - t t CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE Al ALL TOLES \\\ ��-rE ea�Te ENSURE ALL DITCHES REMAIN OPEN E CLEAR AT ALL TOLES. , S. IF IT BECOMES NECESSARY FOR EOIIFIHENT TO OPERATE ON A \ 1 AND ON RD PORTION OF THE PAVEMENT PRECAUTIONS IMST BE TAKEN TO (FACING NORTINVESTt �I FNRO'pBA�1�E � PREVENT FROM ANY DAMAGE w1uT$CEVER TO THE PAVEMENT, \ I K COM0010NOFFIOENAIKLANDSOAPEATAROAOUFON TIYT; \ COMDLETIDN OF NMMLL A BE AS 0d1 SETTER THAN PRIOR TO $$ STARING VMT THE 1 SATISFACTKN OF TNT OVMER. \,, 7. CONTRACTOR SNARL COMPLY%MTH All APPLICABLE NATIONAL `; , ELECTRICAL SAFETY CODE MSC) EA E P OI. RE REELPAEDUR SALLAPTOCABLE REQUIREMENTS AND REGULATIONS FOR PLACEMENT OF AERIAL L CABLE FACILITIES 11213 TAN.VERTICAL CLEARANCE. a. CONGAST!CONTRACTOR SHALL MAINTAIN A lOFT) A \ 'I 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 HORIZONTALE VERTICAL SEPARATION FROM ANY EXISTING AND UNDERGROUND UTILITIES AND PROPOSED CONDUIT. \ \ PLAN VIEW 16 OF 23 T B, THE CRY REONRESA MINIMUM 2 FEET COVER UNDER THE \. LOWEST PART OF THE PAVEMENT CROSSING PRIER BORING •t AT I ACROSS ACUY ROADWAY. 4 ilk T y IQ CONTRACTOR TCONTACT PRECINCT , AT NTp 451.4111 AT LEAST 46HWBSPBica to cOASiRVGO N I 4 + ,s� II.RIGHT•OF•WtY WALL BE RESTORED TO EGUALOR BETTER ,\ SD� I CONDRIONNMEN CONSTRUCTOR IS COMPLETE 1I ;T ,\I I / �: l �I 1 'I s 1 3 ` , \\ \ i ,1 ./ `� / / Ilk , %' 1 • ' I , M f EVMA 1 DROOT •/ /p T I AT N TeMATM.W..1.S6o1It . COMGST PROPOSES TORRTµ.FIBER OP710eAme � DESIGNED BY: WIBERT;WA iir �►®nnais4 * itivoci Ala ooMTrTPROPDRTOP*CH BNERVICBI ALRTNE17,2B HBO.cOTLEa C I OlANIA TIUEIN QUANTA TELECOM SERVICES DATE IT,aaG�. N �1 }l[l 1 fN� ASTP 1ETOPRONDLEISEC110�NGRANAYWO.COUEFR: J815S7860-39T7645- HAMRD,COLLEGESTATION, '^�yq�, $rATlq(,T%T76tl,1ALAIDLTNE ROwOF 6RaZ09 CdINTY_T1L TX WEBS-9RAZOS COUNTY o+'C S[4MIC[S MEV/W.MA �IIO.MOWISTON.CN ��� MOW TITWELL NO.MOVaTON,TEXAS T70a0 I 10000 RICHMOND AVE.STE.S00 DING.NO. NOBLE I RAP TDTALPROACTFOCTAOEITT.7S HOUSTON.TX 77042 SHEET NO.78OF26 \1 t A 5 i ' • JJ J /�/ ��1\ 1 NOTES.t. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION BY 1 t POTHOLE OF ALL UNDERGROUIDUTMES BEFORECOYBEENCNO i \ 1 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 WORK ANDAGREE RFAILURO BE EToeiue'rL'IBLE OCAFT°R£A o�SERVE • GES 1 L ALL UNDERGROUND FACILITIES. \ PLAN VIEW 17 OF 23 1 2. CONTRACTOR SHALL TAKE PROPER MEASURES TO SECURE ANY 1 OPEN TRENCHES,BORE PITS.AEXCAVATON O ENSURE PUBLIC ! I BAC16RLEDPD TRENCH REFT OPEN OVERNIGHT. KING HOURS AU. M SHALL RE IB 4 11 t 1 3. ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD 1� I , RIGHTOFMAY AT THE END OF EACH DAY. ,l 1 4 CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE AT All TIMES \ 1; ENSURE ALL DITCHES REANUN OPEN SCLEAR AT ALL TIMES. ata S. IF IT BECOMES NECESSARY FOR EQUIPMENT O OPERATE ONA 1 \ DRIVEWAY BORE DETAIL OM AN 1 \ PREVENT FR ANY DAMAGE AT60EVER TO THE PAVERENT. 1PORTION OF THE PAVEMENT PRECAUTIONS MOT BE TAKER TO ,\ b A SCALE B 6 CONDITION OF SIDEWALK LANDSCAPEAND ROAD UPON COMPLETION OF JOB SHALL AGT1 BE AS GOOD OR BETTER THAN PRIOR TO YE STARTNGMATHSATSFACTON OFIHE OWNER. 1' \ , 7 CONTRACTOR SMALL COMPLY NAM AU.APPLICABLE NATIONAL 1 ATEACRAOENT GUIDECODE(NESC EDUR$MALL S.SPPLICABLEtO LE 1 ATTACXYENT OUIDELNESAPROCEWR A OF AERNI. L B 1 , rx.• ww REQUIREMENTS AND REO N.VERTICAL FOR PLACEMENT OF AERIAL CABLE FACIUTIES.TV 0-IAN.VERTICAL CLEARANCE. TTT\(((\ A COMCASTA CONTRACTOR SMALL MAINTAIN A(RFT) 11 1� HORIZONTAL A VERTICAL SEPARATION FROM ANY EXISTING \ c 1 AND UNDERGROUND UTILLTIES AND PROPOSED CONDUIT. \ 'T n e. L B. THE CITY REOUNES A MATT 2 FEET COVER UNDER THE ,O. LOWEST PART OF THE PAVEMENT CROSSINGNMEN BORING \ ACROSS A CITY ROADWAY. Os , AHDID. THE CONTRACTOR TO CONTACT BRAZOS COUNTY PRECINCT 1BlT +�M IFACINO EOLITNNESTj ATNT9-361a111 AT LEAST NB HOURS PRIORO CONSTRUCTON. 1B I II, RIGHT-OF•WAYVALL BE RESTORED TO EQUAL OR GETTER I \L ; CONDITION WHEN CONSTRUCTION IS COMPLETE 11 l I1 \ ,, t1,,, BORE DETAIL 1 i .\1'. =az MS F 11 1 n ,F, # . I I . L. 1 { \Ai !� . �1TDRC+roN,.Kan III. • 11A IAND QN RD ,l 1, i )FACING SOUTHEAST) V` \ 1 1 L 1 i.1t % WI; \ II 1 .1 @OMCa COMCAST PROPOSES O INSTALL FIBER OPTIC CABLE LWBFJIT WA Dsy 811 OpiCwSTSON,TX EBTO PLACE DIRTHECTIONALRONOF AZOS0RE MFTTONSTNLQUANTATSIGNED Bv: WITE.%UREAN L a ' 'e FIBER OPTIC CABLE O PROVIDE SERVICEOFP2SNMRAHAN V.'COLLEGE JB156t860-3922NGRAHAMRD,COLLEGESTATION, i 011111/ fELEC011 OUAfdTATELECOMSERVICES STATgN, • TX T70N3.OISIDE THE RONYOP ERAZOS COuxrr,TX SERVICES AEYYAP.NA N ROUSTON.Lac TX 77645-BRAZOS COUNTY BSI*MARLA RO./MAIM TEXAS T100 yY SCALE_I10 j/ il 1DOOD RICHMOND AVE.STE.30D DWG.NO. TOTAL PROJECT FmTAQE:TT,BI! HOUSTON,TX 77042 SHEET NO.19 OF 26 1111 _ . e 'II N • 1! y 1\ s5Y NOTES. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION BY 1 4 F POTHOLE OF ALL UNDERGROUND UTILITIES BEFORE COMIENCWO k WORK AND AGREE TO SE FULLY RESPONSIBLE FOR AU.DAYAOES l \ { CAUSED BY HIS/HER FAILURE TOE)ACTLY LOCATE AND PRESERVE d1� I`II ii ! L CAUSED ALL UNDERGROUND FACILITIES. I1 I� \S{{ ` BORE DETAIL d D. CONTRACTOR&1ALL TAKE PROPER MEASURES TO SECURE ANY ' T i\ OPEN TRENCHES DORE PITS.t EXCAVATION TO ENSURE PUBLIC SCALE NTS t SAFE7r.OWINO NON-WORIINO HOURSOVALLR TRENCH SHALL BE 1 I J BACKFILLED(NO TRENCH LEFT OPEN OWERMGICL 1 L y & ALL EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD I ` 1 ! I ` RIGM-0F•NMY AT THE END OF EACH DAY. Y, "i }IC +11 4. CCNTRACTOR SHALL MAINTAIN ADEQUATE DRAPLAGE AT ALL TIES l 11F 11 1' ! ma. d i ENSURE ALL DITCHES REMAIN OPENS CLEAR AT ALL TIMES. L, y11 yX 1. i S IF IT BECOMES NECESSARY FOR EQUIPMENT TO OPERATE ONA to ) PORTION OF THE PAVEMENT,PRECAUTIONS MUST SE TAKEN TO U PREVENT FROM ANY DAMAGE WHATSOEVER TO THE PAVEMENT. 55455.5' iti I L S. CONDITION OF SIDEWALK.LANDSCAPEAND ROAD UPON 11, ly 11 LAND GN RD )FACING NORTIMIESTI COMPLETION OF ROB SHALL BE AS000D OR SETTER THAN PRIOR TO l I STARTING METH SATISFACTION OF THE QANER. y }'1 I 7. CONTRACTOR SHALL COMPLY MATH AU.APPLICABLE NATIONAL 10 S. • 4 11 \ ELECTRICAL SAFETY CODE(REDO)REONREMENTS.ELECTRIC POLE L 45, I , S ATTACHMENTGAADELWES t PRocEni`FS t ALL APPLICABLE LOCAL ' 51 l i REQUIREMENTS AND REOAATIONS FOR PIA M CEME OF AERIAL CABLE FUTTES IV r MIN.1T I1 1 - -u R U. COI CSST+CONTRACTOR SHWIMAWTAINTICALEA�ISFT)E HORIZONTAL I.VERTICAL SEPARATION FROM ANY EXISTING 1 '5} S `ytL 1 ) AND UICEROROUBCUTTILmES AND PROPOSED CONDUIT. L. `, ly 1 SSS I 1 D. THE CITY WW Y REGUIRESAMUM2FEET COVER UNDER THE r L {{. f,5} + CROSSING BORE DETAIL AOSST ACAOOY g THE IYIF.MEM CROSSING INIEN BORING 1 11 S i SCAM MS T G tyy It THE CONTRACTOR TO CONTACT BRAZOS COUNTY PRECINCT 4 i IIIL y111 yI �1 i I ATRM.S -0TTI AT LEAST 4SNOURS PRIOR TOCONSTRUCTON. !1 I i i It. RICHT•OF•WAYWLL BE RESTORED TO EQUAL OR SETTER 1 i 14 ', _ I CONDITION WNENCONSTRUCTION IS COMPLETE FRB:060]FMFAIrOWtfui I� 1 ! L n+. INAffMNN W.Al11V,] ,, ■��1, 1 i 1-�r1 tt ti a I '� IIt 1 �, Uy l 1 vAwPrNPATHEAIn ) tendt.c :L I,I y , yypp I,U l \\\ \ %11:,01C.C)z, ,.{F i� ty\8\ \ ;j // ..- / k. S \\tit \ 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 i i',t,. `' -1--, PLAN VIEW 18 OF 23 1��� -4 �� I S y 1� ` _}_ _ _ *-.� - - I COMCASTPROPOSESTO INSTALL FIBER OPTIC CABLE. Ip LAI/OERT:WA $ =MAST PROFoSES TO PLACEORECINN&BORE 17,254 FT TO INSTALL F DESIGNED BY: @0...M. CCISt Ali-V ovate .noel OPTIC CABLE TO FROMM INSIDEERYY.ETOP ER NORANAMRD.COLLEGE.Jg�$N1NruO-3022NGRAHAM RD,COLLEGE STATION upa#TJ TEEEtpY QUANTA TELECOM SERVICES OATS GrA142014 N 8 '. STATION.Tx 7TB69.liiTDE THE ROW OF GRAMS eOVNTY Tx. 1 /l TX 2 NG5- HAM R COUNTYS E QY fCE5 KE.MAP wA TON.uc - , I {I MOW.TRAM LL RD.NOWroN.TE1WTiM0 .T{- S SCALE'I / fIODO RICHNONDAVE.STE.300 DWG.NO. 1 TorALPaaEGrFDoTSoE:tress _ ,4CUSTON,TX77042 SHEET NO.2O0F2fi 1. *.A 1 t ,� !' iy \ 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 I NOTES' \ - T PLAN VIEW 19 OF 23 I. THE CONTRACTOR NDER ROUND UTETHEEXACTLOCATDE C POTHoIE OF ALL UNDERGROUND UT61T1E9 BEFORE COPA.IENLES 1\ y WORN AND AGREE TO BE FULLY RESPONSIBLE FOR ALL DAMAGES CAUSED QV HOMER FAILURE TO EXACTLY LOCATE AND PRESERVE ' l !���,S 1 ALL UNDERGROUND FACAITIES. 1\ y \ 7. CONTRACTOR SHALL TAKE PROPER MEASURES TO SECURE ANY ,t 11 I OPEN TRENCHES BORE PITS,A EXCAVATION TO ENSURE PUSUC ,' y \ BACEffELELEDINO TRNCH LLEEFT OPEN HOURS OVERNIGHT). BE I g't ',I \ 1 RIONT4F.VWY ATTNE END OF EACH DAY. ], All EXCESS EXCAVATION TO BE REMOVED FROM THE ROAD I 11% y ;!I ' 4. CONTRACTOR SMALLMAINTAM ADEQUATE DRAWAOE AT ALL TARES i 1 L; ! 1 ENSURE ALL DITCHES REMAIN OPEN&CLEAR AT ALL TMES 1 1I'I,6�%4 i S. IF BECOMES NECESSARY TOR EOUIPLAENT TO OPERATE ON //y��;\ /gJSA CC PORTION OF THE►ARVMENT,PRECAUNORN MUST BE TAKEN TO =Mem..scso now �L !!I ` PREVENT FROM ANY DAMAGE VMATSOEVER TO THE PAVEMENT, 4,FTFaa,.KIM Cann 0 l} ! 4}ay. )j II E. cONO ON OF SIDEMmUC LANDSCAPEAND ROAD WON COMPLETION OF JCS SHALL BE AS GOOD OR I ,'�`L,-- � 'I STARTING WITH SATISFACTION OF THE WRIFARTHAN PRIOR TO \ !! , ! 7. CONTRACTOR SHALL COMPLY HRH ALL APPUCAOLE NATIONAL TAy 1 1' ELECTRICAL SAFETY CODE INESC)REOLEREMENTS,ELECTRIC POLE I,L !I II !I ; ATTACHMENT GIDELINESI PROCEDURES E ALL APPLICABLE LOCAL \ ¢ � REQUIREUENTS AND REGURTIONS FOR PLACEMENT OF AERIAL ; HORIZONTAL VERTICAL SEPARATION CISLE FACIUTIES IG S-PAN.VERTICAL CLEARANCE S COMCAST rCONRACTORSHAU.MAIFITAIN A T2FT) ROM APP/ XISTING \ 9 ;!� i AID NDERGROUND LTEITESAND PROPROOPOSED COMMIT. pp k i '! '§'� 1 P. THE CITY REQUIRES AMIkSIUM 2 FEET COVER UNDER THE t I LOAEST PART OF THE PAVEMENT CROSSING WIEN BORING 11!��tiI� 1 ACROSS A CITY ROADWAY, .NID LPA \ Si ;1 t I '° AI HIS-MI ME CONTRACTOR 4111 At FEAST HHOURRSS=PRRIIO�RTD SST UCCT 4 TION. 9 L ,I `, hI I II RIGHT KID OHRMAEN 9LLSE RESTORED TOIPLETE OR BETTER I e LOCHLM „l 17, CONOmON%MEN CONSTRICTION IS COMPLETE It I \1, , r. AR=I)YA4T 1 4 \ ' .TNm,DlwwwMLisTF ,\ 4 L ``k5 1 EA 1, II \!l I'. ``A" '1 \'\ \ BORE DETAIL �'i ' ', SCALE:NTS iI . pp f 11\ "A % ! 1 I I Y � 1 1 „,t 'E VFW+ \fr ' yti 'I , �!'! % ) arw 4 4 FACINGNORTHWEST ON RD I II II 1 Vs �� k 11 1ANP {�L 7 III1 pp 1 COMCASTPROPORSSTO INSTAµ FIBER OPTIC CABLE DESIGNED Bv: ------,ILA"GERI'WA N ff @)mccist °°eocASTPRt�osEaTOPu�maEcraNALDoaE+7'Tm'FrTOwsraLL J 0111#T6 SQl4Cdb QUANTA TELECOM SERVICES GATE.wmsa2A tl FmeaSTAT SERVICE TO auHAMRo.eQLLEGE IJ61561660-3922NGRAHAMRD,COLLEGESTATION.• =Amu.TX Tiles.WIDE THE RONOF SRAtoS CCUNTY,TX. SERVICES KEYMAP Na 1 m HOVSTON,LLc Ry _ . 8 �' TX T7845-BRAZOS COUNTY lff/W=mat RO.HODSTGN.TEXAS TAW R `'- fi LOSES RICNMOND AVE,STE.SDQ DING.NO. E-IM ! ± TOTAL PROJECT FOOTAGE:17.IBP 1 OUSTON,TX 77042 SHEET NO.21 OF 26I Ili tf.�. • • 1,La- 1 NI, 1NE OTES CONTRACTOR SHALL DETERMINE THE EXACT LOCATION BYRI POTHOLE OF ALL UNDERGROUND UDES BEFORE COAMIENCRIO , 1 M WORK B ACRES BE FULLY EACTLY E FOR ALL DATLIAISPRESS V = _--'��'+%I, ; CAUSED BYMSMER FAILURE TO EXACTLY LOCATE AND PRESERVE 11 l7 ALL UNOERGROUND FACILITIES. t1t 2. CONTRACTOR SHALL TAKE PROPER MEASURES TO SECURE ANY Al;6 T 1 II 4 OPEN TRENCHES.GORE PITS,A EXCAVATION TO ENSURE PUBLIC it ! 1 'S SAFETYAINIwO NONWSRNING HOURS ALL TRENCH SHALL OE VI \'% ! 11 II 1 BAOB'LLLEO(NO TRENCH LEFT OPEN OVERNIGHT), L1 �! �\ 1 S RICHT•OF�IARY AA TILE END OF EACxCVATION TO BE RFJAOVED FROM THE ROAD 1 } t\ ' 1� 4 CONTRACTOR SHELL MAINFAWADEOUATE DRAINAGE AT ALL TRIES li, 1 �r. ' 1 ENSURE ALL DUCKS REMAIN OPEN A CLEAR AT ALL TALES. ! S. F IT BECOMES NECESSARY FOR EQUIPMENT TO OPERATE ON �I 1 PORTION OF THE PAVEMENT.PRECAUTIONS MUST BE TARN TO 1\% PREVENT FROM ANY DA/AAGE VMNTSOEVER TO THE PAVEMENT. III, 11 i(I ;\l, S CONomoN OF UTTEWALK LANDSCAPEAND ROAD UPON h(1 9�h 'S STAOMPLETION OE JOB SHALL RTING G WITH SATISFACTION OF AS THEE DDHNER.OW R THAN PRIOR TO ;1 1I Y 7. CONTRACTOR SHALL=REPLY YA[IH ALL APPLICABLE NATIONAL t ! '1 ELECTRICAL SAFETY CODE(NESCL REOUSREMENIS.ELECTRIC POLE ,yy� 1 ATTACHMENT GUIDELINES A PROCEDURES E ALL APPUCABLE LOCAL I' l 't REQUIREMENTS AND REGULATIONS FOR PLACEMENT OF AERIAL •�'. `1 CABLE FAGUTIES.N I C MIN.VERTICAL CLEARANCE \ n 14 B. COTACASTI CONTRACTOR SHALL MAINTAIN A LOFT) \ 1 HORIZONTAL I VERTICAL SEPARATION FROM ANY EXISTING 1t. AND UNDERINOAND MIMES AND PROPOSED CONDUIT. /TT \ \ B, THE WV REQUIRES A MINIMUM 2 FEET COVER UNDER THE .PTR1UNf ,) } I.ONEST PART OF THE PAVEMENT CROSS:NGNMEN BORING ' N ,; R' y ` 71'' ; ACROSS•CRY ROADWAY. TI }1G 1 1a TIE CONTRACTOR TO CONTACT ORAZOS COUNTY PRECNCT4 l'' 3922 N GRAHAAM RD,COLLEGE STATION,TX 77845 AT 970431•A111 AT LEAST AO HOURS PRIOR TO CONSTRUCTION. `t v \M1 1 PLAN VIEW 20 OF 23 11.RIGHT•OF-WAY VAL BE RESTORED TO EQUAL OR BETTER 1 CONOFTON WREN CONSTRUCTION IS COMPLETE .0104EJ 11 \\1� t Ij i, \ �f, 1 Ji 6 O Z[C1ldw eras tom i 1 I ' f P I.T OW r WOE CONDO 1 !I ! 1r� t ' 1 4 11 —r- M t ` 1i „,„„,., ...--...,,..--.......=,=•.......-]1 P, __ 33,t% II. \ I �1 BORE DETAIL CROSSING BORE DETAIL T 1 t SCALE:NTS -I 1 Vf' 44 • 111 '1 11 jsL -'11- \• 5 11M1 4'1 11 AwnA IAND ON AD 1\ I I ; (FACING NORTHWEST) t CUTTON LN (FACING NORTHEAST) 5Y it 1 T g1pPpFFDVAMI0042/411241 1\ L �- 7 -" iwNAS�rn.XIV H5E 1" 1L 1 L 1 C ... ..m.. - _ _ `'�_ CO AGAST PROPOSES TOJLSTAuBOERCPRC CAEL[ _ DESIGNED BY: LA CERT-WA @OMCCISt tourxaTPrtcPaTtsTaPLALEGRLEcrnNALBDRBtTm/FrroNsrAu I N �'I�f i T 'i Fr1R OPAT O.TX 74 R a e THEW[roman N DRANAM RD.cM1. CZ JB1567860-3922 N GRAHAM RD.COLLEGE STATION, t;�R If T R T @LTC 0 QUANTA TELECOM SERVICES DATE.u1'mGm' STATION.Ts 7lI64,Dame THE ROW OF BRA209 COUNTY.771. S F E q I C E S KEYMII91V11 or NOUBta1.LLc -- 8e1 TX 77846-BRAZOS COUNTY ! RICO W.TONELLRO.HOISTON.TEAMS TTOm „ IBORIS 1JP _-- - 10000 RICHMOND AVE.STE.700 DYVG.NO. TOTAL PROTECT FOOTAGE:172114 0HOUSTON,TX 77042 SHEET NO.22 OF 26 l� `401/414101446 .---1s—ram.1-....---e---t.®ii`_ -r_._a- T."--N--•'l _ • -T, \ y _. 1 C I 111E I NI OTES:E OONTMC70R SIMILE DETERMINE THE FJNCT LOGATIDN BY P 11 �1 f�C\ 1' POTHOLE OF ALL UNDERGROUND UNLRIES BEFORE COA AENCNO I. U1l T�$f; NgRNAND AGREE TORE allay RESPONSIBLE FOR AUL DAMAGES i' QIV 7 �1 CAUSEO SYNSRER FAILMIE TO EXACTLY LOCATE AND PRESERVE u H �+. ALL UNDERGROUND FACILITIES. 1 µ L -^ L Iy� -I 2. OPEN T TORES.B NEBIT TAKE ,I OPER VATION ENSTO URE PUDLI �7.LN II OPEN TNENCNES,BORE PITS,S EXCAVATION TO ENSURE PUSUO !-•1 1 4 1 11 SAFETROURING NON.INORWNG HOURS ALL TRENCH SHALL DE 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 'Ii r`T\ ' BACIffILLEO(NO TRENCH LEFT OPEN OVERIEGNc,. \ 4 \I ` X ALEEXC�ra7nl�TOBE RE DAY.OD FROM THE ROAD PLAN VIEW 21 OF 23 ; } eti ` $ I �dlI ; t CONTRACTOR SHALL MMNFAW ADEQUATE DRAINAGE AT ALLTWEN II,' �+- p'M�l \ ENSURE ALL DITCHES REMMN.3PEN A CLEAR AT ALL 7MRS. _Y 3 8 IF IYSECOMES NECESSARY FOR EQLRPMENT TO OPERATE ON I ty PORTION OF THE PAVEMENT,PRECAUTIONS MUST BE TAKEN TO \ '� b 1 L PREVENT FROM ANY DAMAGEWIATSOEVER TO THE PAVEMENT, 1 `+ 1 it ,} LL 1 y�4 I E CONORIONOF UMW-K.LANOSCAPEAMO ROAD UPON I COMPLETION OF JOB SHALL BE AS GOOD OR BETTER THAN PRIOR TO STARTING wRN EATISFACT ON OF THE ONMER. � itq 7. CONTRACTORS ALL COMPLY WIN ALLAPPIICASLE NATIONAL C1t t k ' ELECTRICAL SAFETY CADS INESCIREOUINEMENTS.ELECTRIC POLE I � \ '1 \III 1 h ATTACHMENT GUIDELINES S PROCEOURES SALLAPPUCARLE LOCAL + \ I REOUIREMENTSANO REGULATIONS FOR PLACEMENT 07 AERIAL CABLE FACILITIES.IC6R C VERTICAL CLEARANCE. 11 I III S. COMCOST.I CONTRACTOR SHALL MAINTAIN A OFT! \L �'� L HORIZONTAL S VERTICAL SEPARATION FROM ANY CONDUIT L. AND M CERGROUND LTRITIES AND PROPOSED CONDUIT 1 1 O. THE CITY REQUIRES A MIMMUM 2 FEET COVER UNDER THE LOWEST PART OF THE PAVEMENT CROSSING WHEN BORING ACROSS A CITY ROADNAAY. IIe16 00 +a THE CONTRACTOR RTE CONTACT HOURK PRIOR TO CONSTRUCTION. i 'i` y AT97Paa1�111 AT LEAST O HOURS PRIOR TO CONSTRUCTION. iI 11 ` 11. RIGHT-OF-WAY WILL DE RESTORED TO EQUAL OR BETTER F , � 11 CONDITION AMEN CONSTRUCTION IS COMPLETE 1; I 1; '14 }i `1 1 t I 1 ,1 ,; \ \ L 1 1, —BORE DEB TAIL 1 i\a �� w / '� III 1 sw. .L R A 11111 \A \ \L \\ \\ 1 , I AN 'ONAD 1.`tµ 1 JFAG N NO OATNYIEBTT 1 I`� L 1 ,I 'l9 Q } 1 A CwscrK•Ft eon --i/C \\ ` � 1 P} E00,Ida+ ; I d OOMCAST PROPOSES TO INSTALL FRIER OPTIC GABLE DESIGNED BY: LANBERr:WA �T �®m/►� } T I!C.OAIfhST PROPOSES TO PLACE DNECiIOfW.SORE 17�aAFT10NSTALL N st ■, _ 1 ,I FIER GPnC rwwe ro Pc°v CE SERveE TO7�N GRMAM RD,tauEGE ,JI31561660-3922 N GRAHAM RD,COLLEGE STATION, a n A II T I IEL E C O Y QUANTA TELECOM SERVICES DATE orroaGw' �� - 8■' STATION.TX 77MS.INSIDE THE ROW OF BRAZOS COUNTY.TOL TX r/6gg-BRAZOS COUNTY SERVICES �rAW wA NtlPO Li NOUGTOR.+LN ' s�+ VL TLOMELL RD.MWacCN,TEAA477 NOap ° II. RICHMOND AVE.STE.300 DWG.NO. IecAtE'I w 1 TOTAL ORWECT FOOTA0E:17.DIE !HOUSTON,TX 77042 SHEET NO.23 OF 26 E �, I. ' + S IA ti'.4 �,e; l 11 NOTES. LOCATIONCT 9t L 55D y 1 POTHOLE OF LLL UNOSBSHALGROUND UTUTE,DETEMANE THE E,FORE CCAJ MENCNO BY AT RI 1 WORK ANDAGREE TO RE FULLYRESPONSIBLE FOR ALL DAMAGES A ` .21 1 / ��'I } ALL Y ROUNDFAJLURE TO EXACTLY LOCATE AND PRESERVE 11 Afl UNDERGROUND FACARiES. - ,rL-{ ,y BS 1 .mau.a '(_ "T - 7. COMPACTOR SHALL TAME PROPER MEASURES TO SECURE ANY '^ _ A) OF C 4. G BEN TRENCHES.BORE PITS.S EXCAVATOR TO ENSURE PUBLIC t, i ^�j a --��^ SNEETY.DURING NOWYARRINO HOURS ALL TRENCH SHALL BE fAdi� r+ �r -= 11" at \ --_-- BAC16LLLEOINOTRENCH LEFT OPEM OFLSRNIOHTI. ^J^ + \\ - __,�= p- 1 ALL IT.OFA EXCAVATION TO BE REMOVED FROM THE ROAD _ RIGHT-0F•LWY AT TIE END OF EACH DAY I r VI 71 \C ^�^-_-- -a^^ ^ ^.tea':-�- a. CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE AT ALL TIES l 11 I _ _Y4_...-- — ' „,-.-. yppp ENSURE ALL CATCHES REMAIN OPEN S CLEAR AT ALL TIMES. I }L _ ; a�{ tDTWUIk `.---�`^ _ ,_..�✓1^, ��^ S. IF IT BECOMES NECESSARY POR EOUIPL1EM TO OPERATE ONA ,fks p? -+}' I I A ^/' IR I - -��" .!N'•'r PORTION OF THE PAVEMENT,PRECAUTIONS MUST SE TANEN TO w� 1 �^ ^ 1.^}^"J�^ = ^y~ ,.t. PREVENT FROM AM DAMAGE WHATSOEVER TO THE PAVEMENT '�� IS� ^_.^^- _ - I J' ---' 6 CONDITIONIIN FJOS SNAILK L BE ASGO ND DOROADURON T � TS�'--Y^iy( -^J^^_ t= x��Sve'�l OpyPLETgH Of JOS3HALL BE AS GOOD OR BETTER THAN PRIOR TO I } \.,,„ J ,geltA = �YtNFt' +�%-S .ya STARTING WIT}/SIRLSFACTION Of 71E OWNER. }�L III I` _ _ - r -_.- �'.iY'A T. CONTRACTOR SHALL Many MATH AU.APPUCAME KATONAL. %A 4 r1'==^`�� §'„^ ELECTRICAL SAFETY CODE(NESC)REQWtEMENTS.ELECTRIC POLE;' t+ 111 _„I_ _ _^^�-__ +^) ...�. ATTACHMENT GUIDELINES S PROCEDURESS ALL APPLICABLE LOCAL I REQUIREMENTS ANDRE011UTIONS FOR PLACEMENT OF AERIAL I I r�� Oool�IwxAaK lvi CAME FACILITIES.ICr MN.VERTICAL CLEARANCE. 4 11>7'WA•II". tLNC1AI 11 I �'=�1"° S. COMCAST.COMPACTOR SHALL MAINTAIN Hi III ` / ,7''�- AND UNDERGROUND VERTICAL TI SEPARATION FROM ANY EXISTING {y «� AND UNDERGROUND UTILITIES AND PROPOSED CONDUIT. ,\*. rlt'{ } •DICK UK G THE CT'REQUIRES A MINIMUM 2 FEET COVER UNDER THE , / 1C }' LOAEST PART OF TE PAVEMENT CROSSING WHEN BORING 1 t Nlerort0 vwA1 ACROSS ACRYROAOWAN � litiMICZNI ATRSl*1WAINM �r" Y Al'IATIIaNAW LMl 10.THE CONTRACTOR TO CONTACT BRA2OS COUNTY PRECINCTA !TA lu•p I STA H7•Ta AT ET►Jat•A111 AT LEAST M HOURS PRIOR TO CONSTRUCTION. t nTO.tlIA!--/ .�-uPlelcnwLLOwe re 11_RMONT•OF-MAY WILL BE RESTORED TO EQUAL OR BETTER OW men,ltlE ruwut CONDITION YMEN CONSTRUCTION IS COMPLETE 3922 N GRAHAM RD,COLLEGE STATION,TX 77845 PLAN VIEW 22 OF 23 I BORE DETAIL k DRIVEWAY BORE DETAIL 1 SCALE:MS f CROSSING BORE DETAIL-1 CROSSING BORE DETAIL-2 ,,,rs 2 BORE DETAIL-2 I I SCJLLE-WI SCALE:NTS SCALE:NIS i r 1 1 1 r i -1/rr�1/ I r ` .I E i 1 r V .... I AND ON RD N ra OOEN Ata C. 1 PREENS MAW RD (FACING NORT)MESTE ?AONO NOATI@A70 I ANO GI RD IFACINO NOATMIESTT IFAGNGNORTHWTJ GREMM PRARE RO rF'ACINO aOW NEAtijT1 I 1 i { CDNCA-T PROPOSES TO INSTALL FIBER OPTIC CAME. I LAMBERT.WA c - - ! DESIGNED BY. @CIM��i QOMwTPa�sEBlo PLACE paEQnowAL BORE L7 aA FT TO INSTALL ` QBINT5 TELECOM I QUANTA TELECOM SERVICES OATS.GTwOmA N L *Talmo 0ii 'DOER°PDC CARTE To PawDE SERVICE TO SP2 N aMNAM RO•QDUEQE JB15618E0:3922 N GRAHAM RD,COLLEGE STATION, (��Lp '� Q STATION.TAFFea,ewce THE WOOF Bw¢oSCGUHTY,Tx TX77845-BRAZOSCOUN7Y t SERVICES ; AEYMAr.WA Irxwsrol LLe Bf� mitt TOW£LL RO.Id15TOI,TEXAS 770A0 - -- - .NO. SCALE'1A0 ' TOTAL PROJECT FOOTAGE.I7,20a 1 OUSTON.TX 77042 AVE.STE 900 SHEET NO.24 OF 28 I' _ q) 1 NOTES THE CONTRACTOR II 1 BORE DETAIL ygyg L. POT)RLE OF I.VUCEROR WND UTB171ES BEFORE CONRIENCSNO X .NTFiIL p WORR AND AGREE TO OE FULLY RESPONSIBLE FOR ALL DAMAGES I SCALE.NTS 6 CAUSED BY HISIKER FAILURE E9 LOC ATE CATE AND PRESERVE ALL UNDERGROUND ,`. 1 HA 2. CONTRACTOR WALL TAKE PROPER MEASURES TO SECURE ANY R g OPEN TRENCHES.BORE PITS,t EXCAVATIONAF 70 ENSURE PUBLIC p E Y SETY.DURINONONNORIONO HOURS ALL TRENCH SHALL DE �1 BACAFILLED(NO TRENCH LEFT OPEN OIFERNIOH7). 44.4 444M 1. ALL EXCESS EXCAVATOR TO BE REMOVED FROM THE ROAD RIDHT-F.NAY AT THE END OF EACH DAY. I 1 4. CONTRACTOR SHALL MAINTAIN ADEQUATE DRAINAGE ATALL TWEE ENSURE ALL DITCHES REMAIN OPENS CLEAR AT ALL TIMES. ray mew & U IT BECOMES NECESSARY FOR EQUPMENT TO OPERATE ONA PORTION OF THE PAVEMENT,PRECAUTIONS MUST BE TAKEN TO 1 FM 2154 PREVENT FROM ANY DAMAGE VtNATSOEVER TO THE PAVEMENT, R (FAC FACING NORTHIRI5STl & CONDITION OF SIDEWALK LANDSCAPEAND ROAD UPON COMPLETION OF 3043 SHALL BE AS GOOD OR BETTER THAN PRIOR TO STARTING%MTH SATISFACTION OF THE OWNER. T. CONTRACTOR SHALL COMPLY 7MiH ALL APPLICABLE NATIONAL ELECTRICAL SAFETY CODE(MSC)REQUIREMENTS,ELECTRIC POLE,` �1,,\ �1 ATTACHMENT GUIDELINES APNCCEDURES A All APPLCABLE LOCAL 1 _,_. Y3, 1 ( i I1. a RCAGLE F CIUTES it r WIt VERTICAL CLEARANCEEOuiREMEHTS AND REGULATIONS FOR - -- Of AERIAL _ l` 1 A9x } S. HORIZONTAL VERTICAL SAONTRACTOR PAARRATIGH FROM ANY EXUBTITA3 t AND UNDERGROUND IRWTES AND PROPOSED CONDUiL 1 1111 pp 6 �t. le I I A THE CT'REOUIREE AMINXIWI FEETCOVERUNDER THE I I LONESCPART OF THE PAVEMENT CROSSING AMEN BORING L§{ -i7—'_'-10 ACRDSSACT'ROADWAY, • ~~L ��i I p 10 THE CONTRACTOR TO CONTACT BRAZOS COUNTY PRECNICTA k '�'�Y� I I rF.ri- ATP/P 431.4111 AT LEAST AB HOURS PRIOR TO CONSTRUCTION. •"'~ L. A--� 14 II.RpONT.CF.WAY YNLL BE RESTORED TO EQUAL OR SETTER I �ti- I ) I CONDITION 1M!ENCONSTRUCTION IS COMPLETE �I I \ II 7 ii. 11,1 ay )01 4i _- —1yy'III }yV _ - �}7 1, _r I 4 1,' '���'f_ '31,- 1111\ l'i4\ \ =te a 11 ,� 4t j _� 4 I\ i w.,..., — _ ,> ----"--1 it tt��I i 3922 N GRAHAM RD COLLEGE STATION TX 7 AT IMAM.W AASPLTw ' I= PLAN VIEW23 OF 23 NTPASYANI -F'-'�~ ,uTuugJ VA na•w s .1... i{7{B UE.EGT DOH AT PRdGABDVIIAT T 1� It L11A � mom ALE MAW WV=COwh Tz7 1�q{ I ID.,U'NO.NA TITi'N 1 _ 11 I v A q•w I - - P C011CA$T PROPOSES TO INSTALL PRIER OPFIGCABLE d I. �— -tee LAMBERT-WA DESIGNED BY: N i • coacAST PROPOSED TO PLACE oBIEGTIONAL BORE n�BI Fr so INSTALL 0 0 A 0 7 A HMIs F QUANTA TELECOM SERVICES GATE a moA , C ®��§� � ��� 1ceEaavncuBLE TOPAaNWESERwceroxBRAZORuuMRO couE� JBT5678B0.3922 N GRAHAM RD,COUNTY STATION, atATOF,TX TTm.Pw�THE RaaoF BRAzos DouNn,sx TX 7'7845-[iRAZ03 COUNTY (S E A Y 16[S I�YMAo WA tl NOLBTON,LLC iti�. , BSfOIN.TIpLE4 RO.NOUSION.,lEXA4170A0 - 10000 RICNMOND AVE.STE.300 , OWG.NO, SCALE I.AO _ I TOTAL PROJECT FOOTAC@.17.Ix HOUSTON,TX 77042 I SHEET NO,25 OF 26 Y ' 'I e TRAFFIC CONTROL PLAN SECTION SHALL BE . . - COMPLETED BY ENGINEER ENO wexo r.xu .44..14 sa. ae.a. a aw ROAD ROADWORK ROADWAY vac Y.a... ° VMS* d raw NARK .1n TAPE nmr 20200•M4 AHEAD 222 r 4 •7 1 1AND GN RD 43 0 TO 770 in ;pa lool N GRAHAM RD u, am a q 770 in wW wn ♦� - CAPSTONE DR 40 m a To 7.7 '20 ♦ • 5OONRINO RD 40 770 q To Na 06 x .I WORK CUYTON LN 30 .q q q +77 +7a 4 /MEAD END iS ROADWORK MDOEN ACRES OR 30 7q 0 IN 777 x Wes. El w...TEJ �§ A GREENS PRAIRE RD AO am w x Na �' i FM2154 RD BO TR m iro Ma PO II HIDDEN SPRING WAY 70 7q W A7 771 TX M•a••+NOe.Msa N•gMon�EsO WELLBORN MEIGN m TS ?D i b ON7m 70 Me +e.rrawe R•noian.noF tt •N haxha maw tewbd law t 1 — m.... dame w...a s BNwaVTXX ATA TNAend NM UAW FO 1 to LwylII'Ai q..�.p "]i 8wbrWMd•'•m.TPA wow, rn.Ie..E.RNNg. u �, R a;"`•1•N• A' P.A.sow /// a• saW6nFvmw./yu.l3w q M $ A+p car Err oxw Taw WINN °Vio •v a+/ W�b1eLA NWT•R57 5 L ITN ma tq 7a W TA .m 70 LAVAS'2% 776 745, R 7a too Do 1 I e R7 WT DO V Or 7a 706 TS •m TX Sa A' m 770 rq m m/ Sda 207 q KO aq iq c a4 Sla ma ma ET Do !m 776 Mama Mann*cCW1 1.) END N TO 30* IX •m 770 00 .R co 7m SMALL De OWN.e.MnT, ROAD 7431 1 M !a^IX TV TO Da fia IIa a.an.nRa wax We WAG woo _ ! 10 TOD 7X/ MO TO ION TX •K UNEVEN s tARE3 wA.r n ix e7r PO tt 7q m 7r0 Wale mrn e• —L •Camwal Roach Orly p•PaNh A . . ••Toper a Yl apex haw bow MdadaO.' L•LMga.al Tom(FT)WWAh of 6.ParW 6paN1MPX)- ROADWOR LEGEND r • LOER 8004 ®Tpp.3 Banrada •■ Cl at MA DNAOaa eraA.� PARK AHEAD p—Ry� ME R T 20 MLLY 0 Wadi WAW P� TAO ANTat i7MA! [> 45 wows A Trader WWWW e Par1■w Ch.Me.M j-` . YPX awn FIMao Allow Board Meaux OBn IPCMSI dg • i �. a TrNle FNr ROAD aw.c A FINE ILO PoyEr WAN MEAD ~Tx Two 7 E [mow x A s.m«.0 WORK SPACE ON SHOULDER WORK SPACE NEAR SHOULDER F�• ` DESIGNED BY: LANDERT:NA C®mcost * ■av�,o,Qil BRAZOS COUNTY JB1S6T86D-3922NGRAHAMRD.COLLEGE STATION, ¢®U11lTI iEIECON QUANTA TELECOM SERVICES V GGG SERVICES DATE a7A7s0m• rNW9Tpa.MO .T0l ENGINEERING DEPARTMENT Tx>7845-BRRZOS COUNTY WF KErmAP NA 70000 RICHMONO AVE.STE.300 DWG.' NO. aEoo vA 7VM1i R°•MxaraTDN,TURPS Imo HOUSTON,TX 77042 SHEET NO.26 OF 26 SCALE.11TE 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 Nvork 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 shalt be laid, constructed,maintained and/or repaired sous 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 Pian 1. A traffic control plan,pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction(i.e.pit,excavation, hole)left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway;or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. A Design Standards l. 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. 3, All underground installations shall(these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36)inches below ditch flow line when installation is within the area measured from top of bank to top of bank; • c. be at least forty-eight(48)inches below ditch flow line if low pressure gas or petroleum lines.For high pressure gas and petroleum lines,see.High Pressure Pipelines requirements listed below; d. not be closer than ten (10)feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines:All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility.The locations shall be as follows: (measured from back of right-of-way). Power—0-2 feet,nominally I' Phone—2-4 feet, nominally 3' Gas—4-6 feet,nominally 5' Cable—6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above,however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe,conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked.ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing tithe annular space between pipe.and casing and soil exceeds one(I)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; e. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking,tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place.See Traffic Control Plan listed above, c. pits shall NOT be located within ten(10)feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions,the County Engineer or his-representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed titrther from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shalt meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 1 t.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 TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road(asphalt,cement,road base,etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined • by the County Engineer. 14.The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E.Emergency work 1. In the event Company is required to perform emergency services,that requires excavation in a County Right of Way,and unable to notify the County Engineer prior to conducting emergency repairs,Company shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the County Engineer and Road& Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities . 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 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 I. All utility Permits for high pressure pipelines(generally 60 PSI or greater),whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines.Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch trade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3"thick and width shall be pipe diameter plus 18" minimum. 5. Under no 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. 8/23/24, 12:30 PM Item Coversheet '® fig t �, �, N. : "44'' ivt OF _ BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-City of College Station- North Graham and South Dowling DATE OF COURT MEETING: 8/27/2024 ITEM: Consider and take action on the City of College Station utility permit to directional bore fiber optic cable within the right-of-way of North Graham Road. Project also includes five(5)aerial crossings on South Dowling Road to provide intemet and communication services to Ag Barn. Site is located in Precinct 1. TO: Commissioners Court FROM: Joe Salvato DATE: 08/22/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Permit-City of CS Ag Barn.pdf Utility Permit-City of College Station-North Graham and Backup Material South Dowling APPRO'. D ilr __%. Nill*i..-. ri, i ail- Duane Peters Date County Judge •a.4 NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now City of College Station [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: The City of College Station proposes to install approximately 11,140 feet of fiber optic cable from Riverbend Elementary School to the College Station ISD Ag Barn to provided necessary services. Route with follow Holleman Drive,North Graham Road, South Dowling Road and Porter Lane. Project consists of directional boring and aerial attachment to existing BTU poles. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. 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 notification. City of College Matron CompanyName Ic�ia►.c� a _ . By: (..), • Signature • Communication Services Coordinator Title 1101 Texas AveColle a Station TX 77840 • Address Phone Number 979-764-5075 Email: ihernandez@cstx.gov • ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated August 21, 2024 except as noted below: EXCEPTIONS: Utility Must Be Placed Within Public Utility Easement (PUE), Where Applicable, On Subdivided Properties OIA1LA Br v s County Engineer UNIT SUMMARY ITEM DESCRIPTION OTY. 1. — 6048 ADSS(I) 740' 2. — BMFAF 3 3. — 91.12 2 4. — BF0481 2003' 5. — BUBIPF 4 6. — PET-3G 14 7. — 81.160(1)(2)F 1047' 8. — PM92 3 — PFJ—SA 11. C048F12. 1414A BAROUTE — C048 ADSS 6.914' 13.— PM2A 47 14. — 131.153F1 3 CITY TX 15.— 8460(1)(2)1 O436' 16. — BNF(30X4BX24) 1 F LLE E TAT 17. — BMSJF 3 I18. — BMS7FI 3 19.— PE2-2G 3 INDEX SHEET 1 COVER SHEET BRAZOS VALLEY COUNCIL OF GOVERNMENTS SHEET 2 VICINITY MAP 1 E 20TN 6T,BRYAN.TX 77t02 9T0)595.2D00 SHEET 3 GENERAL NOTES HOUSLEY SHEET 4-23 CONSTRUCTION SHEETS GROUP $e Morto.n 7$023 (3n)P•-rm �li A7 Maim tyro**a canu cn.*.MFa**Moto.7e'iin o**,NplAJI afl[ Oh V CQMQ S1A1101 *POMP Li nue Mo DARN Rune NO scut Aiten. I 6,4 on** ��max'pA � No Wain 4HA1p1A 1CF 23 0 UNIT SUMMARY ITEM DESCRIPTION OTY. 1. - VICINITY MAP - J. - 5. - �4 _ tr l "l ,,,i,'I 1 tMs! I +'N i � N.r.T t F 11 .t t' 9m. — k �,� r* " 5 r r Y 5Y. L -I 1 Y�V� 12,— — '4 2 •J-' • 1 s J 14. — _ ..:" _ 4, ,r ,-.r -,,,,,A,....,4, •s\i;-.--,o.,.: ";.:,,_ ..;...- -,-,. t ~ .'- tom x w.\T , ?>' ta. - _ V. $Axri ¢ . ti, �. i �e - ` .4 :, - .- �ly� +w�1 fiU+S ��,�!�.•*}'. ...1,.„,,,, T * 1,�y ¢WII E284Htej ST,COUNCIL OF 00YERNIREFIT6 «Y```### \'y�Fb j i"• n0 E 78TH gT,BRYAN,TX)70p2 I—I GROUP „........,...... •+}a + .. a•.,Y�'r f'' ?.1 - 1<7f .' l. LI `� IU791596ak0 Y [� • d sn Y _ A eEa 1 w, k ., p Y H®USLEY t' x , .. �.+,j TSR i� E.4..-:."d Villri, t ,:.i. i.A.,...1::::. A.,"'..:{, ',',1(4,SSL-*4. 14 fE9FlSde_Hf,S , e , 1 h ,. `T4tr� INS ,y{1y Aar k.� .s yy 1 d U-^' a � - u�' ] cYSw w:Yh•wwi.n t A '�w h r S1 jy, .''k fi • ` �MOaldy Ad I ..7. r t« .t y^ # t • 1� .( (1911155•!,W IV TM;.0 I+iY e y, p .I. -`may 1�'1�� 07r of BarM } 'ZS 'h s Y�' , i' ' t "1rs•.,S ' ekY00.MU. 1[Y•�a tea. `l µ W,.,s N0 s7AtE m77Fne I� r®oac,wo :: vti� �Fsao,.Flm 2�� :3 0 UNIT SUMMARY, - ITEM DESCRIPTION OTY, 4t......,.- GENERAL NOTES / CLARIFICATION NOTES _ 2. - CONSTRUCTION NOTES GENERAL NOTES CLARIFICATION NOTES(CONTINUED) 5• i- I8. - - 1. FIBER CONSTRUCTION CONTRACTOR SHALL RESTORE RIGHT 1. ALL SETUPS SHALL BE IN ACCORDANCE WITH THE CURRENT 1. LOCATE ALL UTILITIES PRIOR TO CONSTRUCTION$11. .9' - I- OF WAY TO ORIGINAL OR BETTER CONDITION WITHIN 10 DAYS EDITION OF THE TEXAS MANUAL ON UNIFORM TRAFFIC 2. ALL OSHA REGULATIONS TO BE FOLLOWED. AFTER WORK IS COMPLETED. CONTROL DEVICES AND TRANSPORTATION CRITERIA 3, OSHA APPROVED SAFETY VEST AND HARD HATS TO BE !10 - - --- I 2. ORIGINAL BACKFILL COMPACTED IN LIFTS TO COMPARABLE MANUAL. WORN AT ALL TIMES. VI. - - DENSITY. 2. TO DETERMINE APPROPRIATE DEVICES AND SIGN SIZES TO 4. CITY OF BRYAN 5'HORIZONTAL SEPARATION.2'VERTICAL 12.'- - 3. MAINTAIN EXISTING DITCHES AND CULVERTS FOR BE USED,REFER TO STANDARD 804S-5.SHEETS 5,6 AND 7 OF SERRATION ON ALL CROSSINGS. '$3 - - UNOBSTRUCTED DRAINAGE AT ALL TIMES. 11. 14,- 4. CONTRACTOR SHALL CONTACT TXDOT 48 HOURS PRIOR TO 3. FOR INTERMEDIATE-TERM SITUATIONS,WHEN IT IS NOT BEGINNING WORK TO OBTAIN AN APPROVED TRAFFIC FEASIBLE TO REMOVE AND RESTORE PAVEMENT MARKINGS, 15 _ - - CONTROL PLAN. THE CHANNELIZATION MUST BE MADE DOMINANT BY USING A 16 - _ - — 5. NO DIRT NUISANCE TO ROADWAY. VERY CLOSE DEVICE SPACING.THIS IS ESPECIALLY 17. - - 6. ALL SURPLUS MATERIAL SHALL BE REMOVED FROM THE IMPORTANT IN LOCATIONS OF CONFLICTING INFORMATION, - - - RIGHT OF WAY AND THE EXCAVATION FINISHED FLUSH WITH SUCH AS WHERE TRAFFIC IS DIRECTED OVER A DOUBLE 18..SURROUNDING NATURAL GROUND. YELLOW CENTERLINE.IN MAXIMUM CHANNELIZING DEVICE 19.,- - 7. NO BORE PITS TO BE LEFT UNPROTECTED. SPACING OF 3M(10')IS REQUIRED. � 6. AREA DISTURBED BY WORK SHALL BE RE-SEEDED 4, FOR LONG TERM STATIONARY WORK,ALL CONFLICTING 9. FIBER CONTRACTOR SHALL CONTACT TXDOT WHEN JOS PAVEMENT MARKINGS MUST BE REMOVED AND CENTERLINE STARTS AND IS COMPLETED. STRIPING PROVIDED WHERE TWO WAY TRAFFIC IS IN ADJACENT LANES. 5, FOR TEMPORARY PAVEMENT MARKING REQUIREMENTS SEE STANDARD 604S.2. 6. FOR ONE-WAY AND MULTILANE ROADWAYS THE"LANE BLOCKED"SIGN MAY BE USED IN LIEU OF THE"LANE CLOSED AHEAD"SIGN.THE NUMBER OF DIGITS ON THE SIGN SHALL - NOT BE GREATER THAN THE NUMBER OF LANES PRESENT ON THE ROADWAY.THE"X'SHALL BE PLACED UNDER THE NUMBER OF LANE(S)BLOCKED. la;LRAM29i VALLEY ST.CRYANCTR 773ERNMENT 7. FOR FLAGGING OPERATION REQUIREMENTS SEE STANDARDtangos-vim 804S-2. 6. CONTRACTOR SHALL PROVIDE SIDEWALK CLOSURES, H®IJSLEY, CROSSWALK CLOSURES OR WALKWAY BYPASS WHEREVER PEDESTRIAN MOVEMENTS ARE AFFECTED BY CONSTRUCTION GROUP ACTIVITIES.ALL SIDEWALKS AND CROSSWALKS SHALL BE . ACCESSIBLE WHEN CONTRACTOR IS NOT WORKING UNLESS APPROVED BY THE TRANSPORTATION DIVISION. s»n i„e'""�,"",'re S. FOR EXCAVATION PROTECTION AND SAFETY FENCE E"&NNW IN NNW , aua,w,_ywa REQUIREMENTS SEE STANDARD 504S-4. 10. THE USE OF ARROW DISPLAYS ARE REQUIRED ON ALL LANE T Ns CLOSURES.THE CONTRACTOR SHALL PROVIDE ONE(1) STAND-BY UNIT IN GOOD WORKING CONDITION AT THE JOB SITE,READY FOR USE IF THE OPERATION REQUIRES 24-HOUR .,z.e,,.,»+-„•.s9 A DAY LANE CLOSURE SET-UPS. Y�m0u•Po Swoon NI Ott Cr W.. a ANCI tau 40 .. mu ww..rkaurc O SCALE sin• 1`� '"� , , owm,Ceanm 3 OF 23 0 UNIT SUMMARY ITEM DESCRIPTION OTY. 1. - 6F048A005(1) 220• ��� It 55 \ \ � Q / 2. - BMFAF 1 FIBER _ - '\1 51,CC:•', \7a '3, 3. 0M2 1 o0N0UR 'SE1 $ .. 4. - BM53F t WATER LINE -� - •,11$ \3. \ � <''''''... BM53FI - 1 SEINER(WE 1 RM TRACKS 1II1Il1I1111111111111 1 1111 \ NI( , FORCE MAIN 1 IL 51 1, \ / 10.- 0 \ ,1', N.11� t2. - \ t3. - 11101 1 0. Tat 16.- PARKING aeFaw'wyw,zxo- ,111 O * U/N LOT 0(nJF-r n.- 1 1 1 0 \ pG 19, - `1 11 O <<� \ URN NOTE: 1 DO NOT PL DUCT IN `I',, <<� \ BOTTOM OF DITCH Olt O , 1O N \�"" '1 1' 1, uNx vtL. 1 t \ .. � Eaxtm 1 \01.° y \ cRA20S VALLEY COUNCIL OF 6CYERNMENTG { 00. y 11 �/nE T�N05T,BRYAN,TX 77802 1 EX4.,,C, 'GROUP RNERLENO UNx G ROU P ELEMENTARY \ \ yCNOOL 7 �11 UNx /....Nu ) E1/\X4'%ACT TO MULLT) OUON) \ �,` 9 .bIf ' N \ 1 i=L, U r yrc.,ewW il { MATCH TO SHEET 5 MNS y ..N.5--a 0.,a.4.T OJ (a,)Ssf-vs. .n 01.m Wax r OANXt mu 40 Roc 4o VAN JIt INO SCALE 'OJhah• " -,--- — �__. �__ - __ —.—.�»-_ _ _ `h4�c,w ram., — 0 a3ew,omtw 4 OF 23 u 0 9 - UNIT SUMMARY MATCH TO SHEET 4 ITEM DESCRIPTION P77, 1. - 9F048ADSS(I) 520' �� U - \l,, •\ L_ UBMFAFI\ ;'. \ S F 5 90 1 1, /6 \ i 5. - 5 \Ts 1 t t \ G. � t \ e. ELEMENTMv 1.\ \\ ° \ '� NOTE: lo.- - 0 \ 1, DO NOT PL DUCT IN I,, _ 15 BOTTOM OF DITCH 72 _ ,y1 \ 13.- - PARKING 0 '..\\ \\ I, 14._ - 0 LOT0 \ ,y. _ _ le `y0 ` co �\ \t 17. - - Q 1 �'� 19. - QA N \ 55 \ 0 E,I4'OLCT ID,►lR1 TNROY401I Ik � .,. 0 „' \\ \ \ ___ - , 1 14 soeeAnsN.•sTo 0�1: �' `\� _ — Rp,1R�E p a.,. , j arc P R -RAIDS VALLEY COUNCIL OF GOVERNMENT& q , I E 29TH sT,ERYAN,T%TTE02 H 3\130.,,C,..A41n&r-t e'"r. I 1/4 �, ti \,,: P�1FZEE °W do""0�00-"0 \` RocK H®USLEY a. ti GROUP . + NOTE: 1y6 4 �p uNx TRCH BACK 14'THEN °'6 Econ 0� �� • Sr•"p"^p'°'0' START BORE REMOVE o sa+ 1a0" °,„1. Oa' (00401 zro AND REPLACE °'' SIDEWALK 2� / 5 //p.. 7 3 �. unK b MATCH TO SHEET 6 w::RO MI)25.-5,°. e^a w...l n UAW.kW.NO nn°m°w.Rgrt4 2f.£----°-"--M--....-ext a .mac,:,ro .am,�n . OF 23 ' D • -- __.._ , UNIT SUMMARY • 11ENI DESCRIPTION OTY. • MATCH TO SHEET 5 Y ://175 y VNK \/ / 2 — =\ . Q 6. -W r� O IIIN S 10. - UNN NOTE: \ e n. - - DO NOT PL DUCT IN t 1z. - \\\. BOTTOM OF DITCH \ �� UNK 13. - 1.11 UT a� 15. 411114111111111 17- - T6. - T9. - l y° ' \ VNX 'S::\ : 4 ........................„.............z/ 6k \® \ \ittlt 9 UNK It 82 E0 29TVALN SL ETYBT1RY0UANNx 1 ,TXO 702 6U VERN4IENTE 079)586 800H®ISLEY "°�a, GROUP 0 , i T NK , ayW.Txrif0.1 t �EB N out \ 4 1 . \----\0.,... \ SPIP \ VNK .... Wn610u MiMp1...KMaow 3IPICO•.. MATCH TO SHEET 7 MS*Mtg.., (5et)253-5154 on a r.w N0 SCALE o!/]AM 7". TM 11 , m 6 Or 27 1 UNIT SUMMARY ITEM DESGRIP110N 01Y, MATCH TO SHEET 8 1. — U \ = UNK 3. — \\ \'' 91 3�� uNK 7 a G� — \ 1s.— — \ \ ...---'''''')(...'''''''........''..."7:001101 01. 15.— — \ 16 — — 5 UNx 17.— 18. — — s4-0) \)\ \ 41" NOTE: Y7• t fi DO NOT PL DUCT IN , 1K BOTTOM OF DITCH ,\ S O \ UNK t. Q FENCE INWOOAEE \ S. \ UNK UNK , nN.n u \1\ CP \ B'R20S VALLEYM COUNCIL OF OOVERNIAES \ MO1 E 29TH ST,CRYAN.TX 77902 A 00979)SPS2000 \1 UNN\ \ 112 _ _ __ HOUSLEY pANNIXO0 L. GROUP_ UNK ....... i!]0 io:n r P. \\\ $ / wr.�+.7K 7WW �VI \ \ UNK \\ \UNK V r orwim v . MATCH TO SHEET 8 aWwW30 R'"�" OR O_yN. 'ME 00 iMN.KN.I 1 .2N7 - E3iaH NO SCALE M/)o/]. 7OF 23 0 UNIT SUMMARY ITEM DESCRIPTION OTY. MATCH TO SHEET 7 • J, EI-3 1 POLE FI P707890 5 \ \ "\ // uM4o(1w2p '• uNw 050.321031 <. - BM60(t)(2)F 1047' TRANs 25.11• �+,Y• 5 - PM92 1 NEM 24J• 71RV 23.T• 1 .y 6. - PF3-5A 2 aNV 2Z-1+• J ,i 40 CAW (21N•a1e$ UNX O 7, - BFOV(1)(2)T 14' DRIP LOOP 21'.1O 4IMEEIMEM ' / • Pow FIBER 1►4r „�tP O / 8. - BM73F 12' �oaw•ta>BS \ 9 9. - C048 ADSS 549' OLA I, PEt�•1 1N plur.ny- 5 1D. - PM2A 4 B+Atg1N21F•104r urv-1rivT xrc \ / mxA•1 !•2SO, 5 ; 1t. - BMSSF 1 BFOBTI](27T.is. / .5 ® \ 12. - BA153F 1 BM12F.1r w2A•1 13. - - 001 ' mommNA CAW 22-1• - CDSN.S G0'�16.T \ 111 \ O�� 14.- - ove�C. 15.- 5 1 0 17. _ _ 19. - _ POLE Pa MITE2s 1 'NOTE: t�aa�s ZO CAN ON CHOP NEVI 25r <, TOP AT POLE 6 Pan FIBER 26.3. 0114EA ]iB' PYU.1 Pala.+ i CC's"".."''..\ .....A . ANG NE 22nv '.. N P sow P1a2aiB �^ . cary 26.•• ' O , anaon ROSE 21.4• \ INANE �17er NAEO5VALLEY COUNCIL OF GOVERNMENTO ! INANNWT 25.Io•lE 29TH 57.91/YAK T%77802 § NEU` 2ID-S NI ANC TAOufRM SIL9 20.A ..-.- POLE P1Et620 ALLENtv1 STET SRV 2r.r. W' ., .... 4332121 \- CAIVNOR Tri` DRpLOOP 2E'r HOUSLEY��l.221272 Gry 20-t e' DRIP 22.2' G TRANS 2r47' PF!^., A03E IPA6-' ►NG t NOTES NNEUT EUT 23-P `.. ® :; GROUP VW 24'.T Hie. Dp NOT PL DUCT IN aR+PLoova2r ®"BOTTOM OF DITCH Gry Fa-PI_Bs PARKING ,�T,�":,,cocimmue POLE to MET82! W/OlA__.- Sw A.Fw tx ADCSFIBER 1B3• SCSU W LOT Z 2xmA?.1coaADSE•12v M22t103 CAW-2V4. r2pA.1 wE1Tr svrN*. Grv.2vPGN 21'a• 1 . ONO-tb•-10' 19 A055 FIBER zr-r 's' '4 RH D / 1� C042 ADM.Tr 'TF 23.4 PNDA.1 ,I. GTV 2.4' , / .e..xaNwre4e. $j k ADlS 27� / MATCH TO SHEET 9 VA A.,iv. A• stilt, .Tte2+ 720,1 25Y5+6i on Er SA WA IC IV .O Mp.SDLL AB I NTLC MANM.mUrt 1440 am P uiyi • NO SCALE I CR/TO/2•y ..r3.Yo,n.r t-...:10- 0.14A1®x 8 or 23 0 • L. - __ ._ _ - UNIT SUMMARY ITEM DESCRIPTION OTY. MATCH TO SHEET 8 ' 1. - cab a055 528' L `5 NfSA 5NEVI 274. - 2. - PM2A 5 NOTE: 1. %:\e' as :sr Gj �p� 3. PM92 11DO NOT PL DUCT IN Q# PEt-SG 1 . BOTTOM OF DITCH ^ PFS-sA POEM. P1071311 7 _ - NO 45221]21W017 /MN R ANB+ROCLR L 20-10• 8. - - NEVT 31,0' :'- CATVO$0 xd NEM SC.r ADSS 28a 9. - - AOSS FIBER x7. 1 POLEq P145111 CAA tN / 11,,.. RDClA 10. - - POLE ON P15771E AAy5 PIMA•1 MUT.2l.1- 11. - - 30.553t21 68-101TR1 PAQ2•1 f CAW-22S 43221E75 NEUT 2➢a C •m0NO.2Y•10' 12. -y - ENV 224' AIM FIBER wad$ 5.• 1 S. - y < ENV 21'd C010 A011.121' POLE 6d P101020 I toLOwERb7 INVCLA PIf6R-ic 2f o. NEUT-2Rd-aACNE CAW•11• CATY ONO 27 16. PtRA•1 COO AM•20.11' / • 1 d ADSS ONO 17. _ - F PE130.1 r PF'bA•Y 18.- - :PCLE•0 P1S7703 PUNA•1 208010.2 r. / \ PE236.1 19. - 43221/20 M1 ANG NE MAY 20.7 »S SRV 26"1. NWT 21•11' STLT 2121• CAW 20.5. CATV 27.1-m101 11 ADSS 21'$ DRIP LOOP 25 4 ACAS FICER 27d / CYrxam2,rW. 69 PtPfiA 0 a 1 f 0 I5 'CNN TOL6w4R25I / • 1• a `O y IA AND 1 NEXT 24.T ®� (0 m ; xAZG3 VALLEY COUNCIL OF OOVERNMENT152 / �p0 1E2T1TH ST.BRYAN.TX 77Rox • �21 NEUT 4. / E HOUSLEY CAN•a0'a �/ NEUT 2:-r ' GROUP C000M8,•7ri11• SVC 224 CA IV 11E42 0@' ADSS tta Cri OF - L•W.a IN 7{eai _ \ • INS 110Plif NUT P26,5. ��\11\ !3. CON AOSS 22.11' wealwv helve.*$hur MATCH TO SHEET 10 ',I. 77 m ImlI. 7S iv-sls+ imerifflim 1111E A044 0JTI F Wit. 6 uNo SCALE � UNIT SUMMARY ITEM DESCRIPTION OTY. MATCH TO SHEET 8 1. - C048 ADSS 642' POLE MD Pt3703 E4 ' . 2. - PM2A 3 mosea 4S.333214 / / 19ri N r P`�'yY EOT 27. CAWV 1224722•r 4 - - PitrEMESIBID ADDS MAR u-r ./4111, / 5. - - 004300311.184 O. PE I11 P157702 SO351205 G 8_ - _ 38322797 11'/ g - Cal rr.r ,& - V 27r' ` / - ADSS F@ER 22� Y• 10. - ems AD38.SST 11. - twOw.t 12.- / - M µA NETS X44' 13. CAN 2I-r AOSS 21A- 14. - - Mtl . (P 15. - _ !T G 16.- c1:41, 17. - - 113. - - Ig. - Q POLE n2 w f STSEt / i SO39d21) 4S.n1101 / SEUT tow # NEVI NM' NEVI 24.1P CAN (n401440 CAI/ 1' 1F10. p CATV TO LOWER SD' / I AO34'FOxR 27-t0• MOSPAN6 COq.D33 ant / IV' 23'-r PICA.1/PICA.1GTV 2T.0 LOSS 22.47 _ j / / •RAZOSY2µ14 SLEYCOOFOOVERNMENT 9T•SSYAN.NCI 1LO9 77BO2 'CT9)57SE280D 1.1171J3 z HHOUSLEY �, 0 H GROUP =I .- a PARKING 2"'.....10, �'" LOT 0 1.1.,m INS , 30E0 / w Mnsan SYwa. Ns warp.kt O.13 2 MN 0011 213-51. .....— Ore O1 4Oul 1 to Amen mu 09 ifiRE 4Q1mNld5py7E .r+a. -''' w+M dole NO SCALE m/7O/2.� ax»ian 10 OF 23 7 is UNIT SUMMARY ITE4 DESCRiPTION OTY. 2. - C048 AD55 198' 2. - PM2A 1 3. - PE1-3O 1 4, - PF3-SA 1 5. - 81/81PF 1 MEM A 7. — - NEIT 704' _ CATV 1fr 0 ..., Palim P157SA0 AOSS tar h 9. - - 00.04474LU 48.7737R W 10. - - NEUT 21/4. = 2 CAW 1'd CO 11. - - coo 4.21S I EE �turN. - AAA9 MER•2 aR PUTS.1 O 12. - - 0E1s0.• '._ •2? 15.- 1B. - - *4 /. pQ 17. - - 7 7 /r. 18. - - .2.16 (///i 47 19. - /K t // Cr P�eO •, E2 TA SEYC0AN.T O782VERNGENTr Es VALE,BRYAN,TX FGO �,,At, // HOUSLEY F �, / H GROUP se 1 1•-•A TaW INS ay d ------ 0 / /- / \ ..,.........., MATCH TO SHEET 12 sS Saws SO ' I Or...A.77031 0o1)a1a-am1 DI1 0,swam I! nnl ne:A..wnE NO SCALE 'eaiaonl MATCH TO SHEET 11 . ITEM DESCRIPTION OTY. /` /r am- 6Mso(17(2)ICMII POLE 414 P,eT877 / / / / ®- BF046 490 mSee923!44324716 /./ / 8 ,aA ®- P42A ©ury 22.10• 4.VADSSNSER 2S-4- / ®- PE1-306.40(INZI-YEDf a•4q ;m- PF3-SA �PMI••i '� B- C040 ADSS 430' DAM-9 NOTE: 0E14044 ME 15 PUE RIW FENCE TO FENCE PER vf8°- PM92 JOE SALVATO(979)422-2127 EXT �,s / 3033 BRAZOS CO.ENGINEER'S " MI_ OFFICE.NO ROW DIMENSIONS GIVEN POLE►15 PISame • ) ®_ MI NWT NT 28.- / / ®- 4432407E CAW 2t-4 CAW 12fi112?S NWT VS MSS 24r ®- CATV sFlee ss _dB ///// CI- Mill COY ADSS-24.7 ®- ME *WA.1 er 9)m+1 MI vn3 -. Q$' �O POLE Ale P1S76ffi mXYq YIO5PAND t / •Wa3a50 NETT er NETT 24,1 CATY M,T ury a4.4.4m Mss trrIII AOSS ABER 24.1Y COY ADSe.144' V" / I PWA+1 Q/ e14a / 3 /// / ' I lF.979)595.20m AVALLEY COUNCIL OF CIOVERNYENT4 " v21 E 2lTX UT,pRYAN.T%77302 / (1111:11.4"54. flHOUSLEY NWT 20%10' G RO U P GTV 24S ADSS 23S 1, �- d / b Oa® Anpy hY492 \ INS / / �-. 12 / h.vm MATCH TO SHEET 13 WE*«1101 eon Strieve Ctn.,N.my OTT OP PRIM L--------.--..— N v..cawm TITLE m4Nb AOWE r - NO SALE IW/2P/T. omr f•+w^ E>.slo1mm11a 12 OF 23 0 • UNIT SUMMARY ITEM DESCRIPTION OTY. MATCH TO SHEET 12 1. - co48 ADSS 412' PaLEba P1S76]4 2. - PM2A 3 10.996003 / , � 3. - PET-30 -2 .c xai 7 NEvr 2T4' NEVI' 2TJ 4, - PF3-5A 2 CATV (27-T)27J Gry Q44,7rJ 5. - ,JITVTOLOtlbER16'` + c oua I - * $F1 CRV1c-2t! / MELT aT-Ir 6• AO6$EI@ER aZJ GTV (von NZ' -- PIMA.•I 3.ear e. . 21'.6- 8. - - PEI4O.2 PP1S4.7 2.. . 9. - - 10. - - ..ROMT r.1r 11. - - cary• r-1•a 12.- - . P016 COY AP43.2,'.4 13. - - POLE TM P157612 / 30.3$l262 14. - = V -66.32mro NEVI 2T4 15. - NEUT 2T-7 / RBR RYBI 16.- - / n(�( GTV 078121a• - - - 0 - GTV QZ-1p 127J COYAW6.114' 18. 4OS6 27J Rena•7 - O. G� 16 -/ . / POLE�,9 P1sJ6U / ..:110 ]0.98n971\\\:\ �a73632\,.... / TFAN3 2SJ/ NEUT 2SC DRIP LOOP LOWER io- GTV TIS-TITS-- TV / k'PBSTO 71 W ' I GPM N 3F'I®CH WA' C.000 AR39.^.aT P •.el. / Lk BRAZOS VALLEY COUNCIL OF OOVERkMENTS 1 ©/ ' ° !i H®USLEIf /// I -1 . f.. GI GROUP 1022nI anp,h"'C1 �N w-P2o2 3S / / if g/ if 0.10.00.0 1.%.R.00.1p1 MATCH TO SHEET 14 US nanny.61 S 001)i A Ts+-s+u m Sly 6T Sinn N RA.96L Ma 10 10.0 gauw 4C111! K. NO SCALE m/2R/2. • i1... W..1 OM=NC 1a. 13 1 47427444774 13 OF 23 0 _— _ UNIT SUMMARY MATCH TO SHEET 13 ITEM DESCRIPTION orT.— 1 J 1. - caB Aoss 990' r �, PM2A -2 1 S. t $ g POLEm ntmlo d m�srse. 5. - - c�T 1e01 - TRANS STd NWT N 7Gd CAN E34 6. - • 4 i,, 1r35. AMU F1011.27u'Sd 8. eemAM )K r1 lO. - _ I 12. - - 10:Uf 2S-1 t• _ ii CAN YI'8 AOBS 224r 11,- 15. - 16. 17. - - / if I%NC1A NEYr.2ed eow AMC 2T-er •r ivO y -yy � — eew Aty 92.4621129 BRKOG VALLEY COUNCIL OF GOVERNMENTS $201 E 20TN 5T BRYAN•T%7I802 •�fl336170 1970696- 7 AMENDM lid i IYJp I t NtuT 30,10. COM RAMS.ER 24, i0' r8 , ®OUPEY ,� pE_uT B2Td 4 pA 1mlAe x AM 270 n8- c ., f35. 36 INS MATCH TO SHEET 15 m`""'howl.S.. M. sM Wm,.eV ............... .. I o.1,•4 mn Ir 1SO12sS•eis4 01.q ARnAM M WOOL ILL 0U r me ILO tAw.AaAe .tTJ yy NO SCALE CO M/. 1 1 ro maid w 40619190X1IN 14 OF 23 0 UNIT SUMMARY MATCH TO SHEET 14 ITEM DESCRIPTION OTT. I 7 - 1. - C048 ADSS 770' POLE 21 P13TlOS N,� NWTMa • \ 2. - PM2A -3 _. JO.SR21] NMO.-21 2 KtUT81tl +{� R�RdTr 3. - — AfVT 2e-r {tI -`"-"rneu�s.7a�r AMR 2e4 AOSS MOM 20..r ' r',S -- 4 5. — CCw AOSS•'Mr °F moues 29•r "'—'� POLE R7 PISTN}T a 8, _ - 3033194A •" 9. - - 4837N2A NEW 70d4• 5 . ' 10.- - ABER 24 r CS 7 OCAS - AIMS ADbs•4r 35 12. - PM2A•! - `1J. - 14. - Lit B7s-r ;15.- FIBER ER ac - 78. - Q, 111 AWS #r ,y. - 79.— Q I NiBn-70rr MER.Srr CK coca ADSS-2fr S.z1 N �T POLE9A 0147W2 30 3 - - 90 -tl4 WEIR mer NEIR #•1• DEMOS VALLEY COUNCIL OF GOVERNMENT ADSS . 's}91 E 29TH Sr.BRYAN.T%77802 AOSS POSE 251' FT24 107i158S7808 SCAN 4185.754' AM7A•1 1 ca- ------.—. 41328331 1 fa I/ TRANS 21,1. t � O G RO ill UP NEVI tO-to- p/yy�� � y.� NEUT 7gr• V, : NWTFISER 2C,r `�'°•' 7 1NHEAD ar I ICY1 a•""n1pM�'• DRIP LO 2r.1 t Apeb 2rs aam « .ta,"+ s..AWM IA*ea! _ /P�,�DER 1r C•1r•)1C•Y 1:771 fY•4Xh / 84 FA9ER tCS COAN.AOSSD-:� Idl PICA•7 {/// 1tlN5 / w I_ P� 4~` �`- -A__... nwowww.....3.r Gf MATCH TO SHEET 16 [Mane..a 0....,7031 Uml 7!34N134. sn Or Orr. RAeCp MU AO TIM.OUN Ram NO SCALE 05/7N/7• !°°"" vtl+•tu 04670.A>s 15 OF 23 .. ..._-._._-._.__.._... _ _ — _ ddd t ` : i I I , UNIT SUMMARY 1. - ITEM DESCRIPTION OIY,1 MATCH TO SHEET 15 PE2-2G E 8 � 3. - PE7-JG 2 PE3-SA 2 gI 5. - C048 ADSS 590' e. - POLE/M PISMO 05 - - 70.550422 9. 473.32,31105 TRANS 70-11. VENT 2a,/1• 4EMAA it. - - WNEAOSISR 2447 it; XEUT 24'C 3Ru 24,41• RPM tf$ F SCAWIN LOOP Na ma 11P-r Aga t!a 1s.- - MI.S 19RIO Fa u 1 1 I0IAER FERIarAN}al • Iq - - i P➢ih•i - PEI.10•I IS - i __ PF53�A�•1 - 1 11A-At-1 DNC.A - 17.- - yPipe NEUT•274" , 4 �._ FIBER -10" \._. -MCIR 18.- ONO.27-11" /MUT•Me- - 0042ADSS•raw F M AN e �® NEVI 21,r HOER 2X T '.-..,....,. ......."- PP27 sAO�H .l' Ci POIEIg5 PIX7627 "<�N - sso.eo NEUT 2!-Ia • Abs . NEUT 25-2. m° ' TRANS Z« PDR97RMP RNN0 W.X)IOW L WWI E 20TM LEYT COUNCIL OF 02 ERNM£NTE. NOSS 1076ER DER SUING, XEUT.2rO" larnaaY200D LOWER F1911 STRND IB' FIBER \ \\ P21.2eveRA Sa•7S! ODYAWIS-2!T \ PN2A.1 \\ HOUSLEY PE2A0.1 1,1 GROUP -IL NEtIT G C� IODSPAN0 NEVr 27r NEVI 25S PEER tar FIBER 208 `0.... O� ADaO t!r FCLE t2$ v131@4 ADS! 21.4,1 mono.a,..,P.P \ --.. fuEvr 2!r Rare ter "--- INS FIBER err , SS AO4UDSs•744. i ®� Fins•I 'C. MATCH TO SHEET 17 Pot.1 m 40,... 0......Ar 7,01I .ro ore a w... l Weft.MIL so 11n4 m Pisb'I sour[ `Nit --r,I "rev No SCALE m/1P/1.i�- 1.v _eIC .} ...". I3.e20,[00 N 76 Of 23 0 UNIT SUMMARY ITEM DESCRIPTION OTY. MATCH TO SHEET 16 /// . . >.)' . '' 'el . ll'IP 1. - COaB ADSS 73a' PM2A 3 1 CINCLR IOD CU 7t �. FIEGER J 1Y.11• $. _ WIT•2rr - FesR-mr CCM.AOSS•mdt' ran AOiS•2r;' 10.- /F POLE OR P,370111 \ 12. - - 2a.sreen \S 13. - NelSSDJe ''''''''.....N) fELR ]OS / MEER WA 21S a.'(a 15. C06ePOSS•22i' a•a�. �O 16. jf rWn•t / / 17. - _ - If// DIRT III- AREA i P "'E su+ :77\ Is.- f 7 FIBER (Min iV,1• \ / J grcs a .;drra - f' . POLE m30 OOy ` i561 vawu 44324253 , _ 50 TRANSNPA m� �Q• NEVI 27,1 F- Aaf/ SRV 7M11P ! .., 'di A. f DIM LOOP 27'r Y PAN® ~� .// FIBER 27.ip NE4= 2Pd pq>'y.".. _ ADSSF XAR N'+' FIRER IId _1/ff = OO / POLE sf, P75767T I Ck4$DS VALLEY COUNCIL CIF pOVERNMENTT ///,...,....-^4 AF OtEearnf T_BRVAN,TX 7ilOS DIRT / NEUF ma �D7R>s�smoaNELR 2740. AREAFmEa era —V AORI FIBER MnC HOUSLE■ OOaypgg s U4' G � PN2A•1 CAPSTONE . GROUP RANCI, OARWAAN 0C.r gyp• / / .."-\ / .......MOS ' I]VS 0)01 ,3 0..w H.77U71 n Om d M7.N ■RA.®Q I.,8 1R16 0o maN HCU,C NO SCALE 7:s/70/7. ...Are F. ate,". 47470t0=16 17 OF 23 11 ---" - - ` UNIT SUMMARY ITEM DESCRIPTION OTT. 1. - PET-TC 1 .B } T. - PEI-3G t 3. - PF3-5A 1 i �1 777 y - C048 A05S 160' E/ f 1. ) 9. _ _ 10.- _ 11, - 12. - _ 13. - - 14,- - MmSOANA 15. - NEMf 37•.7 ADDS 7.7 16.- A039 37S 17.- 18. - - ` 19. -- POLEP33 NMI/30A 41309 411,321X14 ROG71 PM COO 2/E' ►1N10RO.ar.- ADLR CMG 7l•r ML ONO.21,1 MAADD ONO MS. MLA OHO.31'. MA OHO MS. I,- .- Aoss aw.3rr Petao-t PPa$A•1 .._,,,_._,....._.....:,......_ LL! P62d0.1 W • MIDSPAN BIRD GUI _- 4' AIRL ONO 31'r (/J P103 FINHEIS ONO 21,1• F, AM/ 241,1. 28.r Z RA20S VALLEY COUNCIL OF OOYERNMENT H' �'_ \ )61 E 29T2ST,SRYAN.TX 77502 I 1S9S g' 7 T 9 so ,„Odeµ 1 R Ii�USLEY o�� WA- RDERHELM t.r GROUP J POLE P 2 Pt47{1S G1 ADM rid /�" a0.S 33 tu..e ai]a�{a d�st 1A�.a .... A0.S7!M31 NY, 501 ArNp>R Mal OEM 79'r •. t7gC.Y!+£�41 FIOCRRSE 7SA AOSSFIBER 25'f coctanas•law • .INS PWA•1 PE MX W--ti , \ Nii ER-11rir r - p- UC Amsd•wr /- MATCH TO SHEET 19 y^�+�a«e°��m on Ol•o Orr.at If MOO. OS IOU 0011I Inc "NO SCALE .�0�5/7�0�/1. I �ai.1a . 1slMiaM IS i -1Tr.`1 OF 23 0 - _ UNIT SUMMARY ITEM DESCRIPTION OTY- MATCH TO SHEET 18 ,. - c046 AOSS na' __. _ - \ 2. - PA12A 4 1,n7_o MORDAN - A PEI-JG 1 04 NEVI 2e$ Ma 21'•1• 4, - PF3-5A I •S-. ADSS a.I• 5. - - • \ - POLP rx P1OT]E - 3051614,1 7' 46]22921 8. _ - NEW 27A• Fel, "�. \ NEV r I 2C- 9. - - F1&R 2r$ AOS!FISBR Ns' NEVT•2e.r 10, - - C1141.2311 i 2N sC041ADSS•aS P40A•1 Fp6 \ 11. - - _�). MUT•I - 306 06 P18T397 NEV1*DS3- 14. 393,0566 Opq AD33-a-N• ' HEIST M \ 15. - - HEW 2r-t 1. Fl6ER 21%/- vaN P4 \ \ 16-- - /DSSFRER 4r 17,- A06N035.Y• 18. / O Ai0". YCSPAN BIM CLR NWT 25$ \ 19. - - (pIS ACM E-1 r '\,,s\ SD OV AC-ro ff\, Qy O `,\ MAW POLE 1:4 P131604 5 \ BR.13OS vALLEY COUNCIL OF GOVERNMENTS 43222301 363,2770 \ SS21 E 29TN ST BRYAN.TX 77662 1RAIL3 20-111 1176)515.2130 NEU? 2r-• 'MEAD 234' \ als ORIP LOOP 2e•10'Affi5F1BER 2T$ .�C H®USLEYCO11,••1 Mr NEW 17.1• PNOA., CO,rADS529•r " © GROU3L'9 1e.. •I Mr. FOS17130 57SW 40 \ l.,Ant..T.7003 2a3,7185 e . r271,1+a-••^ 1 46321E91 11 NWT 37$ NEVI NS \ �s A06+F® 2I$ER �7 w IaI3W r j i C04604114.117 1E140.1 UNN PF3-04.1 .I...r•Twl m.. PNOA.1 MATCH TO SHEET 20 a«:P 4 3v 01 CNIs.h.2T91I MO 3•313I3l WU bINm ROWE p N0 SCALE m/2P/2.11� "�I 1x9fi, 9 OF 2J 1'U 0 MATCH TO SHEET 19 . ITEM OESCRIPTION OTY. - C048EI A05S En Pete Ka ®- PE7-3OEll W� 70,5NISID 15tA7 ®- PFS-SAEll NEDT-n4. -00.77ODLS •` cold ADM•2B4O" NEUT 37d n- PM2A NEUT VW 1 ADSS FIBER 7dd ®_ Ell PEtiO.7 El- MS Ell • PqY•7 0.04.1 U- UIOQPMI BMW CLR MI NWT SB•10' El- NI PAN AI RDCU q E0 t • 0- UM NEVI ]d•' 4 / - OM COI!MSS 2?d POLE lH PIIMSR um IIIM ®- -, MY CLR 30s/33+1 ® WiI•o i•�7rr NWT TM' I IIM IIVA. Ploo El- MI Ra llillipo'''. .. ' \ y 0ANC NEW Jo•rIII S•B• • -. 70, ,.RD CLR \ / • NEIR•07.0• COq ADSS•ML' "s'NNNNNNN'NN\N AyP /<$.5‘‘' � / eloip POLE A10 PI{IS>S •R.AZOS VAIAEYCOUNCILOf ODVERNMENT. OBy.dT70 •-i1E79TM ST.BRYAN,T%77802r\\F , 7 R7Bp7EL2E00klp NWT ad ADss P BER 2vVPwalA�s.77r H®, H OUP EY sa-- . 7.I0) NWTADS3 2Sd j� / ��a INS cooftw MATCH TO SHEET 21 ���5N N U (WI)733•5W OTT 7F MAN O CINOC4.UAL NO AR!AO W YpIR NO SCALE 05/2O/2. re i1.01+• [ 20 OF 23 - . 1— UN)T SUMMARY MATCH TO SHEET 20 ITEM DESCRIPTION OTT. 1,_- - , — C046 MOSS 376- h 40 PM2A 2 F a4 3 r 4. - 7 POLE Al I P1MSTb 5. — .40.310007 { { ]T / AO29NEW ara - - !P Ap$$iIBER 8$ 7, tf+ C0041393.110' - - t 1 /fJ 9 10. — }.. 11. — 1a. - \L. a 13. — '•Q"- ///}' MN MN M \ f ADSS 27.Ir - = /yf 15.— •f 17. - . 113. - POLE 1142 PI0,(63T 30.54400 • E.]20010 / NEW 28-17 f AI=FISER 2e-1Cr ! . P3121•1 W. VW / // IP ek Nd / r K Ale! — .. NEIN ]YQ' •L VALLEYCOUNCILOF GOVERNMENT, _,. ` 7B1 B52N ST_BRYAN-TX T2602 930 1 HOUSLEY r PAO CROUP • -n,,0 POLE 2 P10451 } - _tar,r•^PF.a. 1 01407 40.32471 N!NEB' 8-10- PO55FNER 3I'40. O01A•1 217 ♦1.+9.-.+A.x..wr1 1}5} i PIra 1i4a t �pri�irai2e 2 0m11 am-mu an tR an Or enw rRUIXA NLLGO 5MU 401,117...11 NO SCALE j r.m/n/�1 .,.+1a. PNOACI lm `591�w++ ur+nP {..._v �rem1em11r 21 OF 23 0 r ...�. - --- - - UNIT SUMMARY 9 ITEM DESCRIPTION OTT. II 1. - BHF(30%48%24) 1 BMFAF 1 3. - BM2 1 BM53F 1 5. - C046 ADSS 420' P1F2A 2 BM61PF 1 8. — PE1-30 1 N 9. - PF3-5A I UT 10. - BM53FI 1 S Z "..- BF04B 82' �,6 V1 . - BFOvUX2)T 6' It cr PoI.0 FM Pt4a5MU . - - 203.422 4A122352 •?2 ADSS 2SW . - AOS4FIOER 2iJCO4EAD2E•14F . - - ►E1i8., MIA et vr2-5A•t A4 e 19. - - r_....., /6 :, t PANA/ AO33 24; F1- Peas E'K1ER E1 4' t $L OUCT AT OAST OF e _ , .. POLE I ` ••.VALLEY COUNCIL OF GOVERNMENT •^1E 57.BRVAN.T%77D02 979)595.2900 W la ` �f M \ 717 ROUGHLY- H®USLEY AG GROUP ..� H•m .erz kni.1 ¢.f042 \ 31D0 5w bva,0.v HNv1 4.ww n nw 6I I341A1O1I•, t5r}j�1••-ew° GMFAF.1 \ °°°"IMMO INS BMS1F1.1 OFOaf•82 MATCH TO SKEET 23 m... .. `ot C...3 nvs <Elni Oil-WO. m ca.or&OMR n 11AICOl Mt Iq MO uMr..ROW! n i�'NO ry 1"'"NO SL41C 00/70/2°�� r 4vroac,. 1'T..:..-. 1,,,,,.:-..:-..-. 22 OF 23 0 — UNIT SUMMARY MATCH TO SHEET 22 ITEM DESCRIPTION OTT, r 1. -BF048 AD55(Q 918' \ . _ \ 3 _ T I 4. - - l \\ 5. _ 'i 840.s \ a. _ d \ 9. \ 10. - 11. - - \ 12. - - \ 13•- - 14 - - ` \ 15.- - 0 . New AO 16. - _ BIALEXN0 t 7. 18 _ I M141�I^6u 19. - - J Aso RA:OC VALLEY COUNCIL OF OOVERNMENTS :1 E 20TH ST.BRYAN.TX 77002 7916952800 EA HOUSLEY GROUP San Ay..IX Caul run 4.^T.a3. _ INS al MM...•n.•.Salk.. Owl..M.Sf1' (101)}Sf-DIM tee ot+(grn U. i •WMg Mt 0. WD nne mONw CVr! rI.ri. TF-11=IT® NO SCALE I c6./m/1. 1 flp .WM� asslm.1c 23 OF 23 0 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 over night,requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten(10)feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the 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. 3. 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 lop 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 tights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility.The locations shall be as follows:(measured from back of right-of-way). Power—0-2 feet,nominally I' Phone—2-4 feet, nominally 3' Gas-4-6 feet,nominally 5' Cable—6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe,conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one(1) inch.Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; • c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking,tunneling and joints. • 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place.See Traffic Control Plan listed above. c. pits shall NOT be located within ten(10)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 Engineeror his representative may require pits be placed further from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backlill 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. I l. 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 TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road(asphalt,cement,road base,etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14.The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 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 repair,Company shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the County Engineer and Road&Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F.Repairs to existing facilities 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 designated representative and a permit has been obtained. G. Relocation of utilities: l. 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 I. All utility Permits for high pressure pipelines(generally 60 PSi or greater),whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification • -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines.Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3"thick and width shall be pipe diameter plus 18" minimum. 5. Under no 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. sl - "i1'C 1T tier I tlerrteelY ■r _ 11f1H O.e�tiie l II . , I I wad arts e.nt.w Qi1 nnw ?rase 4flt.a retails o.e mrwe n k 014 i 014 e1R.>s...,. 1 i JUrlwa arrow Mart aeeesr SILO IMP r.it •s aril i .1. fl Snit el.►lee Y i la I s r'mi. Q elm l)p Dam? 8e s i 4 tCAW O'' 1 a a I ear 11'ro 81` fe�re agar. IQI, fee nos II - 1111 ex.s.r I wear ' _v, Uwe nets e1♦ 1: . se «�w .rivers f I ex amen t mogi - anew C•i p yy Id ifi w urwr. I. ill t°rttri.is r 1 k��9 gS i� I tali EA NEM fiiWA 11115.NUM dfi MUM I ----�{ t Y}= 1 1 v ia1 F_➢ icA71 ic3i 1 a i• al Luta1 ILA EI iiiI£3i �$a i K • w < 1 L7 QEEWESICiiEL 111=IM_ i. a d i k • g I III Qii�MI MUM i�Eai�iii11 ill € .r. I w I ia1 ... cf{�,_,1Qii'7)G'S:Q®ir ki us..54sT.tw. 1 1` Henoel.e• V Ur 2r-:Yc MEND fOfifait! er .p1 aria Went •. S • rsewaies Ter Ins I • g give 14M v i1 o�r.rle nl grub ear :it • n I I fide Incas,I I f. • }LyM+<A q t�tiM/.brat ld•i®IyiO*1 tl�Y1M tMMMb t 4= .116.err X set In In I '� I rewsweq tar . s6 o S1r1CA4 MACE '- �anl®+a./tfiriilea I t warns.wave "um ties sill' Tr; et rive... I '�t7 trtA i �.' !. tl " im*mer* , a tug merest inner.a. • "- 1 r all nuo i I J � a.ae..e e st . ii €1 was --t tl� di I • I Sf : :.1 I. *s weer es siva•ass�en MAXIM S re! I w T F S� L All .4.l erns IIRwrma en SW manta sae E i�®-11 ewer OM rr,wisest wet CV IN weans eV%& lM Is veer f lit.sate e►Si I r I • I tern.r far reales augers ies,die rinse y a b4rwr. I �� a L Insie'tes ld Sone a Ode a seen..M XX kW err • • - SM.tiara e a larva aver.ten 1 &/err USr efts Urea.a*are srta.sib r up ertl.S. I .ts I •" G . e▪ na'.ir It aware elms*eras ralusra Maw?ar Efn earns s. * _ °' I ., I mr�+ffer.ttuep ed F.WI tl ssM•.rsI 'sa1�3 1 1 Is E . t� a mati. Worrr rroeBa w Y if$_ I • - I tl•a90eer(r Swim In sw evils%•r xs. I I • I.million Borst Mane.Isi loam,r A s Nel. .n re retie ■ • 1 E .rife►ere A vies soon N ma a..mere•eIrr We CCM 1 ¢ . . I :.. . �-I.t 1• t 1.DWI vier loser oven a/i.Ar.4p ffl eo.afee ay a /� .. 1 I.the ems wino r mar sr lam~elm sere now RI I )k Za. , rl 1-r Ire rear Liner Or erd.rear SUM gas / 1 i . Z 1 I %I.021,11�•sl1111.im ls.mM re a ierr tistar a e et rrisga Wmm•i<�i�awl I + _ ( . I• sir ltus sup pi owing j� /� VAS' �si:em OM SIM I • 1 In Ave.mix*MUM ltl1a ear 1e.1�nriliseels fir WOW wares nal ea+wen V 1 Q WC,'11 01Q orris sea• tip arl.rr..Slam.e.lr. its arilpe I Mer'ea.rte �A�• �I� 711� gfT tlr err.54 liWierlawars01ea1. I e1 ar TRAFFIC CONTROL PLAN Sol axis U CONVENTIONAL ROAD SHOULDER WORK TCP 12-1al TCP i2-11:) TCP 12-1c) TCPi2-11-12 WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER :a=11.-■•081• •P/tt•��((rrMIT•.••• hi... �- Conventional Roads Conventional Roads Conventional Reads 4 •mF "m j arr. 2:. .'.54 I. ems .aa ease .4y. . .ii....: :.z., ...7.. .6.yy� J _ 3pH 7E % Ii7�r s - io,./ . G�TNN 8��,..„ OF ••• BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2024 Indian Lakes Ph 1 Blk 1 NUMBER: Lot 5R-B1 &Indian Lakes Ph 3 HOA Common Area&Conservation Buffer DATE OF COURT MEETING: 8/27/2024 ITEM: Approval of the Final Plat of Indian Lakes Subdivision Phase I Block 1 Lot 5R-B1 and Indian Lakes Subdivision Phase III 2.510 Acre HOA Common Area and Conservation Buffer,,10.242 Acres,J.M.Barrera Survey,A-69;City of College Station ETJ,Brazos County,Texas. Site is located in Precinct 1. TO: Commissioners Court DATE: 08/21/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Being a Minor Replat of Indian Lakes Subdivision Phase 1 Block 1 Lot 5R-B recorded in NOTES/EXCEPTIONS: Vol.11331,Pg.111 (O.P.R.B.C.T.)and Indian Lakes Subdivision Phase 3,2.510 Acre Homeowners Association Common Area and Conservation Buffer recorded in Vol.8719, Pg.225(O.P.R.B.C.T.). ATTACHMENTS: File Name Description lyp_e- IL Phi Blk 1 Lot 5R- B1 and_ILINT 3 Common_Area- Plat Backup Material Conservation_Buffer-RP 2024-08-21.pdf IL Ph 1 Blk Lot 5R- B1_and IL_Ph 3_Common Area- Application for Development Backup Material Conservation_Buffer Plat Application.pdf • APPROVE I' Ntitk -' a-i Ia-1- Duane eters v Date County Judge yg♦g\' Aholm T i1 A� a dot dott Iiirt•, ♦ �. 477,.......,....„.,..,,,,, IC II M1 `/ M1/ S .� / J r N • '� I Lot If.Boat 18 a M1 /as ix�7a C S i I� Nb .,ems.,,, �t�=/ a //. ��a ® /�/ •••0� •'.�C'eN��11 r Y. 5/TE a`.:N�/ / /etas'/.� �w;� ,m 1 d��t<� "So, • II..ATaac5ee-.zrn E-,w,A„/ % / o:c'/�, ,=!'/"/'•' ////• •T.�.F.li 7 L,i.�L-—N BT26J1'E-240.321- J/ /P 4'',' /,',,`�,i/` .�-� /// ® iRiT.1, 2v 9,act.B I -/'''r/// /% r;%' VICINITY MAP I / /,bean Lokee SaMM.I. / \n \ / �'// Phase RI(5719/225) , \\/ ///' i �i ////:%., �/// cow?Id a I LIME Ba0.0-1G MUM. Block 1 gib *:b Lot 5R—B °' ' 'ij/ //•'; / 7.7J2 As. \'/,"/, 7• //'/ ''G_ /// $oej \\\/ // %.,c, •47:,..,» II II \\, ; / ` / ,\\ 5 • / „a,..,9 B,B, , s I 4 g� ,,,� // /�,�'" .`/mom - ' 1 / 1 j ,, ,, \\ / FINAL PLAT aex a�. INDIAN LAKES ^'~ \�• \ SUBDIVISION, PHASE I \--\ BLOCK 1,LOT 5R-B1& �:� - INDIAN LAKES SUBDIVISION, PHASE III ORIGINAL PLAT 2.510 ACRE HOMEOWNERS ASSOCIATION COMMON AREA AND L'ONSERVAIION BUFFER LOT 5RRE, BLOCK 7, IND/AN LAKES,SUBDIVISION,11PHASE I BONG A MAUR RENAT OF RECORDED . VOLUME CONS PAGE 111 4 /NONN LAKES SUBOMSION,PHASE/,BLOCK I.LOT 5R-B 2.510 ACRE H.O.A.C.A Br CONSERVATION PHASE BUFFER, VOLUME NJJI,PAGE III,O.P.RB.a I: IND/AN LAKES SUBDIVISION, PHASE III &/NO[AN LAKES SUBOMSION.PHASE//L 2.510 ACRE HOMEOWNERS RECORDED IN VOLUME 8719, PAGE 225 AS500010N COMMON AREA B CONSLFVARON BUFFER VOLUME 8710,PACE 225,O.P.R.aar. 10.242 ACRES a.MVEw SUR.;A-69 ,AL c6,011-4 MY. . role/.... 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I •;son,-//, ',,�, '/%ion_ /,//, .mmlolorterl Coot of Brom B v.ya.: 'm" mf% row rf a .°o"'w.�.cht'ad I Tel Lot 5R—BI \\ ,'/. _ �/ _ • condign* p�a.ary m�.'m�°" • m w.emmm.. I a6 74800 Aa \ 0. r .r ... erne I - ��a=a rt / , ,...,r »°°"dote. ew.a a not the mad,.. uMe .,a+ed I \\ w of on Ppmm1. . ..saau.a a.p added m.° °m.ay"ema"'e •pa...Bb..w a nwe.m<m..q w au.wm. \ .', ' / n m• u°m've a land oMnI aam'ar, .n e amebae wt w o. I I i \ // %: `9+ / : derkee one" eentm t Year. .der a.me a` a them e.'.In.5"e.ey been I \/ ',1Y°• / /' , plat d w maul w hOMAguraum a w 2510 aan 11.uwcw•C.r.don ` %, tea.. I r \ > �.� I 4 manna.Of / Brea e..rm,. IMIu,Ied i I, \ \ ' m / \ // ,/• wax„OF BRAZOS ex \ \ \ eon.. DM.w Bxams 1 \ N. \ /qi' \\. ra''.Cody...x�u,m nee pat w ton.,�Lane e..et Soma.m w :a"xa"m a°"anw,' �.um wma .V....,.d awe°,. w m.a Mao.ON. •' w ~'6k'\\ // \' wm.ro end an party..a...d am....'.Finaa under mr ( 'g „x rs i�u� `'es�::mrar f 3.- , . , , moo...."" Ora. rdv*nem. flotem w Codes.St a.r® 1'a I V I 8 ��"\ zo /y��+' \\\ Cady Kara.xa.s m.TON w per.... .wa"Y'.°wa nnaloo - I ea w ....wo-n°a yea.. ....mw Me...,ma. 1 \ vbc / 05 \` BB055 lard Mama - I A I 8i \\\.w //5 58...San \ .\ BB Gne.leaa.d amern.;i�.x.Con."nano, _ \ / ;\ \\\ //// 1M ay,ay.A, \-.\ I irrm,1.,, \\./ FINAL PLAT p I INDIAN LAKES I "y°"» \�• \\ SUBDIVISION PHASE I STATE▪1,.o<Bee \�. xa.a SC '.°b ww °�"i 7'c°"°S°°'Pa,,.°""'°smn°°�4w.a.wo.Ml.° »'' I \\\\ BLOCK 1•LOT 5R-81& to m ". cas.r;�me.m...meadw.. ..w I x I \\\ pan and conarallon..Oa. INDIAN LAKES and mol.d—do n— SUBDIVISION PHASE III REPLA T 2.510 ACRE HOMEOWNERS ASSOC14170N t a r,Pub..eA=m war•Tema COMMON AREA AND CONSERVA110N BUFFER BONG A MINOR REPLA(OF INDIAN LAKES SUBONS/ON,PHASE/,BLOCK 1,LOT 58-B A cminula OF APPRO. p0(UME IIJJI,PAGE 111,O.P.R.BO0 pal me auy approvedby1ne Ca...Court..Bramewary,read.,a. &INDIAN LAKES SUBOIW51ON,PHASE 1/1,2.510 ACRE HOMEOWNERS TIM*an w ROI Plat of..n wedramon.—day M CERTIFICATE Of IL.Bx51M10R OF Cm POKER x xm, A550LMCON COMMON AREA de CONSERVARON BUFFER _ VOLUME 8712,PAGE 225,O.P.R.B.C.T. Gana C.w_day. a0� 'O OS age edanu,E °:s`"Ba m""A °'" �10. 42 ACRES arenas o u".•aya lend(.yam..that Ply 00 plat .Ib. ab1M My"s'to.a.one.d w Sahmntem hereby ovum that eon u•City of OF Bwms y/ y BRANS COW% am Coe,Coe,ram .dr.T.aMar.Cony"CO.San w ae`nmwrsq ea.r.d .a� no ea.0#00 Won.'Oh. M�°m''S5 G Won.d.'m..b /� .1.11. �.cn 1IX1f Oty d m*1.e.s1.Um Nny 1.—,Ps JJ1005 Boa.On,•BMW Erl,_aw, Laze)ew-m. NM em-Bea Brazos County Road & Bridge Office ;• �TF'OF•• 2617 SH 21 West `�_1 :�'•. Bryan,TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 �ti°. Email:plats(c�brazoscountytx.dov PLAT APPLICATION SUBJECT PROPERTY INFORMATION APPLICATION DATE*: May 30, 2024 RESUBMITTAL: ❑ YES ■ NO PROJECT/SUBDIVISION NAME: Indian Lakes Phase 1 PROJECT ADDRESS OR LOCATION: Tahoma Trail LEGAL DESCRIPTION: Lot 5R-B& H.O.A.C.A, Block 1, Property ID: 362093 IF RESUBMITTAL,PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 1 +Common Area TOTAL ACREAGE 10.242 JURISDICTION: CI CITY LIMITS • College Station ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs * Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five(5)years from the Application date of the project. TYPE OF APPLICATION ❑ MASTER PLAN ❑ SIMPLIFIED PLAT Cl PRELIMINARY PLAN ❑ FINAL PLAT ■ AMENDING PLAT ❑ REPLAT APPLICATION PURPOSE • RESIDENTIAL CI MANUFACTURED HOME Cl COMMERCIAL RENTAL COMMUNITY ❑ OTHER(Please explain): FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES ■ NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes.Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage.Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. TxDOT RIGHT-OF-WAY WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES ■ NO DIGITAL FILE SUBMISSION COUNTY ENGINEER ❑ ADOBE(.pdf file) ❑ AutoCAD(.dwg file) (Email To:plats@brazoscountytx.gov) 911 ADDRESSING ❑ ADOBE(.pdf file) ❑ AutoCAD(.dwg file) (Email To:gisabrazoscountvtx.qov) CONTACT INFORMATION APPLICANT INFORMATION FIRM NAME: Smiling Mallard Development, Ltd. CONTACT: Paul Clarke ADDRESS: 3608 East 29th St, Suite 100 CITY: Bryan STATE: TX ZIP: 77802 PHONE: FAX: EMAIL: • PROPERTY OWNER INFORMATION FIRM NAME: Same as Applicant Information CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: _ENGINEER INFORMATION; FIRM NAME: McClure & Browne Engineering/Surveying, Inc. CONTACT: Jeff Robertson ADDRESS: 1008 Woodcreek Dr., Suite 103 CITY: College Station STATE: TX ZIP: 77845 PHONE: (979)693-3838 FAX: EMAIL: jeffr@mcclurebrowne.com SURVEYOR INFORMATION FIRM NAME: McClure& Browne Engineering/Surveying, Inc. CONTACT: Gregory Hopcus ADDRESS: 1008 Woodcreek Dr., Suite 103 CITY: College Station STATE: TX ZIP: 77845 PHONE: (979)693-3838 FAX: EMAIL: gregh@mcclurebrowne.com OTHER INFORMATION. FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: • PHONE: FAX: EMAIL: PROPERTY OWNER CONSENT/AGENT AUTHORIZATION By my signature,I hereby affirm that I am the property Owner of record,or if the Applicant is an organization or business entity,that authorization has been granted to represent the Owner,organization or business in this Application.I certify that the preceding information is complete and accurate,and it is understood that I agree to the Development/Subdivision of this property. SIGNATURE: Awe(��Ee � PRINTED NAME: Paul Clarke DATE: 06/13/24 SIGNATURE: l PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application.The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. CALCULATIONS OF FEES MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PRELIMINARY PLAN: $150+$10 per lot FINAL PLAT: $200+$20 per lot AMENDING PLAT: $100 . REPLAT: $200 RECEIPT BY BRAZOS COUNTY (Official Use Only) DATE APPLICATION RECEIVED: / / DATE APPLICATION RECEIVED/REJECTED: SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive , requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): ❑ Three (3) hard copies to Brazos County ❑ One (1) .pdf copy to Brazos County ❑ One (1) .dwg copy to Brazos County ❑ One (1) hard copy to Brazos County Health District ❑ One (1) hard copy to Brazos County 911 ❑ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health District- For On-site sewage evaluation. ❑ Letter from Brazos County 911 - For Road names. ❑ Letter from Water District or Company. Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. 8/20/24,9:06 AM Manage Journals-Journals-Oracle Fusion Cloud Applications Edit Journal O Last Saved 8/2012024 9:02 AM Journal Batch:CC 082724HD C I Show More Journal Batch CC 082724HD Description Expense 4th Quarter FY 24 County Contribution to Health District Source AutoCopy Balance Type Actual Approval Status Required *Accounting Period Aug-24 Funds Status Reserved Attachments FY 2024 Health District Contri Batch Status Unposted Completion Status Complete Journal 0 I Show More Journal CC 082724HD Currency USD US Dollar ....................... Description Expense 4th Quarter FY 24 County Contribution to Health District Conversion Date 8/20/2024 *Ledger Brazos County Primary Ledger Accounting Date 8/20/2024 Conversion Rate Type User Conversion Rate 1 *Category Manual Inverse Conversion Rate 1 Journal Lines O? Entered(USD) Line *Account Account Description Description Debit Credit 1 91000-00000000-11005200-00000-0000-000000 Health-County Health District-No Value-Depository Bank Account-No Value-No Value-No Value 119,507.25 Expense 4th Quarter FY 24 County Contribution to Health 2 91000-00000000-43041200-00000-0000-000000 Health-County Health District-No Value-Participation-Brazos County-No Value-No Value-No Value 119,507.25 Expense 4th Quarter FY 24 County Contribution to Health 3 01000-11002000-73510000-00000-0000-000000 General Fund-Community Support-Health Division-County Support-No Value-No Value-No Value 119,507.25 Expense 4th Quarter FY 24 County Contribution to Health 4 01000-00000000-11005200-00000-0000-000000 General Fund-No Value-Depository Bank Account-No Value-No Value-No Value 119,507.25 Expense 4th Quarter FY 24 County Contribution to Health Total 239,014.50 239,014.50 https://ekzl.fa.us2.oraclecloud.com/fscmU I/faces/FndOverview?_adf.ctrl-state=1129haf2gl_655&pageParams=fndGloballtemNodeld%3DitemNode_general_accounti ngJournals%3B&fndGlobal ItemNod... 1/1 J 44, :*6 4 *. .'.nl yr' BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 8/27/2024 ITEM: Approval of 4th Quarter Contribution to the Brazos County Health District in the amount of $119,507.25. TO: Commissioners Court DATE: 08/20/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Iyp_o Expenditure Journal CC_082724HD.pdf Journal Entry, Backup Material FY 2024 Health_District Contribution_Invoice.pdf Invoice Backup Material APPRO c31 al last Duane Peters Date County Judge 8/20/24 e:06 AN MunoueJoumols-Joumols'oraoopuaionCloudApnKoohonn Edit Journal G Last Saved 8120120249:02mm Journal Batch:Ccouu7o4Ho ohe°m"re Journ"/omm vcv8272xo Source Aumnopy ow*mo"" Expense 4m Quarter rvm County Contribution w Health District o"/"m=np" mmm Approval Status n"qu/mu Accounting Period Aug-24 Funds Status Reserved e�mnm�" u"v"m"o Attachments n/coe*��mo/.m*cvom Completion Status cvm*m" Journal (2) show more Journal 00082m*xo 9sITSY uoouoDollar m="n,00n Expense*m Quarter n/e*County Contribution m Health o/mrim Conversion Date onumum ^Leou , Brazos County Primary Ledger Conversion Rate Type v== Accounting Date 8m0/2024 Conversion Rate , ^o"my"ry m°""m Inverse Conversion Rate ` Journal Lines (2) ___. _. ___.......______ __ ................__-___........................._____........... _ ( | s"tereamoo ' Line Account Account Description ---n°�wnavn i o°bit Credit ___/-___- ___.-____-_-._____-____ 1 91000-0000000'11005200-00000m000m00000 Health-County Health District-No Value-Depository Bank Account-No Value-No Value-No Value 119.507.26 Expense*m Quarter p/m County Contribution mHealth '----------------'---'-------------'-------------------------'--------'-------'- ------------'—'---------'-----'--'--------- 2 91000-00000000-430*1200-00000-000o-Ooumm Health-County Health District-No Value-Participation-Brazos County-No Value-No Value-No Value 119.507.25 Expense 4th Quarter pve*County Contribution mHealth ...'-.............................................. ...................-............ ....... ---------------. '...... .'..... ..........-''-------------------� -�---�-'-----------------'---' 3 01000.11002COO-73510000-00000-0000-000000 General Fund-Community Support-Health Division-County Support-No Value-No Value-No Value 119,507.25 Expense 4th Quarter FY 24 County Contribution to Health 119,507.25 Expense 4th Quarter FY 24 County Contribution to Health 000-00000D General Fund-No Value-Depository Bank Account-No Value-No Value-No Value hMpm8okz\.fo.ua2.om000|vuu.cum/fmmV|ifamos/rndovomiew?-adCctd*tate=113ehof2qL655Qp000Pummo=h`u Global oamNodomY6nDi*emNude�_ganamai_mvounUnQjoumalo%uB&fndGvubo|uomNud... 1/1 sE° r Brazos County Cr, t�+ I tN: °°.�• *: .0 Health District PublicHealth t' OFi* Prevent.Preleete.Protect. INVOICE Brazos County Mail Remittance to: Attn: Brian Pratt Brazos County Treasurer 200 S.Texas Ave.,Ste 218 200 So.Texas Ave„Suite 240 Bryan,Texas 77803 Bryan,Texas 77803 INVOICE DATE: ' 10/17/2023 INVOICE NUMBER: BC0001-24 DESCRIPTION: Brazos County's annual contribution,for fiscal year 2023-2024, in accordance with the Brazos County Public Health District Cooperative Agreement. AMOUNT DUE: $478,029.00(payable in 12 equal installments or at the District Member's election,quarterly) • Please make check(s)payable to: Brazos County Health District �f ( ti + U•_:i • 1. .1 ' :}:! ( The Brazos County Health District operates under the umbrella of Brazos County Board of dedicated to providing quality preventative,educational and professional health services,w improve the health of the entire.community. Pfi•9F': ../4d" .,...41+%. OG_ •.-w oy 4T}f'S�4:... BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF-COURT MEETING: 8/27/2024 ITEM: Consider and vote on the FY 2025 proposed salaries and allowances for elected county and precinct officials. • TO: Commissioners Court FROM: Nina Payne DATE: 08/19/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ACTION REQUESTED OR Request review and approval of proposed salary increase for individual elected and precinct ALTERNATIVES: officer's for FY2025 as listed. ATTACHMENTS: File Name Description Tvoe FY 2025_Elected_Officials Salary.pdf FY 25 Elected Official Salary Backup Material FY 2025_Elected_Officials_Salary_ FY 2025 Elected Official Salary-Publication Backup Material _Publication.pdf ca......_............_ l 1 D.1I Duane Peters. Date County Judge BRAZOS COUNTY,TEXAS ELECTED OFFICIALS NOTICE OF PUBLICATION OF SALARIES OF ELECTED OFFICIALS Year Ending September 30,2025 FY 25 Adopted FY 25 Salary FY 25 County Longevity FY 24 Salary Increase Salary Increase Elected Officials County Judge $ 118,662.70 $ 5,933.20 $ 124,595.90 $ 1,800.00 County Commissioners' Precinct 1 -October 1 -December 31,2024 91,866.96 (63,953.57) 27,913.39 300.00 Precinct 1 -January 1 -September 30,2025 - 67,151.18 67,151.18 - Precinct 2 91,866.96 4,593.30 96,460.26 120.00 Precinct 3 -October 1 -December 31,2024 91,866.96 (63,953.57) 27,913.39 300.00 Precinct 3 -January 1 -September 30,2025 - 67,151.18 67,151.18 - Precinct 4 91,866.96 4,593.30 96,460.26 120.00 County Treasurer 98,756.97 4,937.79 103,694.76 600.00 Tax Assessor/Collector 98,756.97 4,937.79 103,694.76 1,200.00 County Attorney 117,736.58 5,886.92 123,623.50 360.00 District Attorney 18,000.00 - 18,000 1,200.00 District Clerk 98,756.97 4,937.79 103,694.76 600.00 County Clerk 98,756.97 4,937.79 103,694.76 2,100.00 District Judge 85th District Court 16,800.00 - 16,800.00 300.00 272nd District Court 16,800.00 - 16,800.00 900.00 361st District Court 16,800.00 - 16,800.00 240.00 472nd District Court 16,800.00 - 16,800.00 - County Court at Law#1 193,400.00 - 193,400.00 1,500.00 County Court at Law#2 172,843.00 8,642.20 181,485.20 120.00 Justice of the Peace Precinct 1 91,866.96 4,593.30 96,460.26 600.00 Precinct 2 91,866.96 4,593.30 96,460.26 600.00 Precinct 3 91,866.96 4,593.30 96,460.26 300.00 Precinct 4 91,866.96 4,593.30 96,460.26 120.00 Sheriff 148,064.82 7,403.22 155,468.04 360.00 Constable Precinct 1 91,866.96 4,593.30 96,460.26 1,500.00 Precinct 2 91,866.96 4,593.30 96,460.26 1,200.00 Precinct 3 91,866.96 4,593.30 96,460.26 300.00 Precinct 4 91,866.96 4,593.30 96,460.26 1,800.00 $ 2,333,338.50 $ 99,944.92 $ 2,433,283.42 $ 18,540.00 63 Kristeen Roe,CTA, PCC Brazos County Tax Assessor/Collector 4151 County Park Ct • Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 08/20/2024 REQUESTOR MELODY GAYLE ADDRESS 4973 SMUGGLERS RD, COLLEGE STATION,TX 77845 OWNER NAME GAYLE MELODY CHLOE PROP ID# 45222 REFUND AMOUNT $ 193.67 REQUESTOR ROBERT BRADSHAW ADDRESS 913 S COULTER, BRYAN,TX 77803 OWNER NAME BRADSHAW ROBERT LESLIE PROP ID# 41984 REFUND AMOUNT $ 9.34 REQUESTOR PATRICE GAY ADDRESS 5214 BALLYBUNION LN, COLLEGE STATION,TX 77845 OWNER NAME GAY RALPH H III&PATRICE PROP ID# 304628 REFUND AMOUNT $ 164.68 REQUESTOR TET VEN(SOON) ROSEGRANT ADDRESS 103 BAYOU BEND DR, HOUMA, LA 70364 OWNER NAME ROSEGRANT TEl VEN (SOON) • PROP ID# 8509884 REFUND AMOUNT $122.50 REQUESTOR JAMES EDWARD ERCANBRACK ADDRESS 1110 AVENUE N,APT 204, HUNTSVILLE,TX 77340 • OWNER NAME ERCANBRACK DORIS MARIE ESTATE%ERCANBRACK JAMES EDWARD PROP ID# 46790 REFUND AMOUNT $104.18 REQUESTOR NATIONSTAR MORTGAGE LLC%CORELOGIC ADDRESS PO BOX 9202, COPPELL,TX 75019 OWNER NAME STARR NICHOLAS&KAILEE TEITGE PROP ID# 441577 REFUND AMOUNT $2889.60 REQUESTOR ADDRESS OWNER NAME • PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT APPLICATION FOR TAX REFUND —Collecting_Office Name __ - - _ Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,tity of Bryan,City'of-College-Station— • 4151 County Park Court Bryan ISD,College Station ISD,Fl,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS GAYLE MELODY CHLOE 4973 SMUGGLERS RD COLLEGE STATION TX 77845-8581 PROPERTY DESCRIPTION Legal: TIMBERCREST(UNRECORDED), LOT 65.2,ACRES 3.78 Address: 4973 SMUGGLERS RD , Account# 45222- TAX PAYMENT INFORMATION ' Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested rt ZREFUND 2023 07/30/2024 $360.29 $193.67 Taxpayer's reason for iefund: OP-Overpayment REFUND TO: GAYLE MELODY CHLOE 4973 SMUGGLERS.RD . COLLEGE STATION TX 77845-8581 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct." 8°r ( I /.2_,(73 Signature Date -- --v� �/ m el®rn g a�lam,c.drn Phone Il Email Address If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND D MINATION • d is I Approved ]Disapproved e j an 1 i l Authorize• Officer Signature Date • Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 08/02/2024 03:47PM MELISSA LEONARD, PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT :�;,Recetpt Number, • _ _ BRYAN,TX 77802 3364652 pate Posted-.. 07/30/2024 PayinentType P Paymenf:Code T I OverLRefund Total'Pald:' . g $360.29 PAID BY: . DR. OR MRS. GAYLE LELVE G. FAMILY ACCOUNT 4973 SMUGGLERS RD COLLEGE STATION,TX 77845 Propertyla. Geo � .Legal -a--•--�--•- - ,..•- Acres •,•, I. `OwneI:.IVameerid A__ifdr_ess_, _ 45222 611700-0065-0020 13.7800 GAYLE MELODY CHLOE u Lega('Descrlptibn.. - ` a ; i 4973 SMUGGLERS RD 1 COLLEGE STATION,TX 77845-8581 TIMBERCREST(UNRECORDED),LOT 65.2,ACRES 3.78 • Sttus'.- - ,,DBA,Name-- • : _ -[ 4973 SMUGGLERS RD , Entity__ rah. Year '•.Rate' Taxable•Value,. Strut_,#• Void;' Ori inal'Te `Dis0nts:,� '- ' g '.; P&I�`}Atf;Fees; O"yerage�Amdunt•PA Z REFUND ENTITY 2023 0.00000 0 149321 N 193.67 0.00 0.00 0.00 0.00 193.67 COLLEGE STATION ISD 2023 0.96220 270,517 49574 N 11.47 0.00 0.00 0.00 0.00 11.47 EMG SVCS DIST#1 2023 0.02071 385,517 49574 N 19.96 0.00 0.00 0.00 0.00 19.96 BRAZOS COUNTY 2023 0.40970 310,517 49574 N 135.19 0.00 0.00 0.00 0.00 135.19 360.29 Balance Due,As Of 0713012024: -193.67 Tender Details; ' 7•_, ., r.,_,..,�.1T_;::7 ;Desctl'ption ; ,_ �_ _,_ 'MOW Check 1083 360.29 360.29 • Operator. Batch • • �. .. 'sw � - , :,.✓�;�},• • ".; 5 crsaigado 52557(08/02/2024 CRSMAIL) -360.29 Special Condition Exists for this Property Page:1 • Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code TNektwa lArrc. APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,Fl,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS BRADSHAW ROBERT LESLIE 913 S COULTER DR BRYAN TX 77803-4636 PROPERTY DESCRIPTION Legal: SOUTHMORE(CAVITT'S), BLOCK 3, LOT 8&1/2 OF 7 Address: 913 S COULTER DR , Account# 41984 TAX PAYMENT INFORMATION Name of Taxing Unit__ _ Tax Year of Refund _ Payment Date Amount Paid Refund Amount Requested ZREFUND 2023 07/31/2024 $433.68 $9.34 Taxpayer's reason for refund: OP-Overpayment REFUND TO: BRADSHAW ROBERT LESLIE 913 S COULTER DR BRYAN TX 77803-4636 Sign below and return form to the Brazos County Tax• l ice. "I hereby apply for the refund of the above-des g •-=to -s and certify that the information on this form is true and correct." • o bs\Z,,Q)Lt //' Sign�iie� .ais: rx--,OtavutiQtA ex),,e.ont Phone# Email Address If you make a false statement orrthis application,you could be found guilty of a Class A misdemeanor or a state jail felony .under Texas Penal Code Section 37.10. TAX REFUND DETER ATION The -x refu s [\App oved [ isapproved s[ . -z 101.4 Authorized 0'icer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 08/02/2024 02:13PM IS MELISSA LEONARD, PCAC PH#(979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR t- t�'-i��Re eipt:Numtier?:;;•;', :,'! 4151 COUNTY PARK CT BRYAN,TX 77802 3364619 Date ostedl ik'•A 07131/2024' •Paym elf ?7jrpe ' P. Paym`erlt,9ot 411 Over/Refund JotatPaled2: 8433.68, PAID BY: BRADSHAW ROBERT LESLIE 913 S COULTER DR BRYAN, TX 77803-4636 Property.ID • . 'Gee 1;*`. • r' . . ate'!' , _ •• :'Legai'i4cres` ;''';i: . f�• ; k =K;A Oviiner.Nartie anilk/d'd'rass?.:V4';:.- j 41984 j560000-0003 .-0080 y 10.0000 BRADSHAW ROBERT LESLIE • ie aP ascription 913 S COULTER DR ' 9 p• '' 1 BRYAN,TX 77803-4636 ;SOUTHMORE(CAVITTS),BLOCK 3,LOT 8&112 OF 7 1 Situs= .: :..., ..., ,Nt. . "••DBAtiName; . . .t .• ,; ,:s:-;•.4,.-;.' i I 913 S COULTER DR , • Entity. � .� ;v-�.- �' Year- �aRate ';Taxable Value Stmt#," _Void•• "Original Tax, DIscritsi: ...i,t?81 :;Att Feesr,.,QyeragFattiOunt:P I Z REFUND ENTITY 2023 0.00000 0 149317 N 9.34 0.00 0.00 0.00 0.00 9.34 BRAZOS COUNTY 2023 0.40970 85,354 15487 N 85.55 0.00 0.00 0.00 0.00 85.55 CITY OF BRYAN 2023 0.82400 145,354 15487 N 221.87 0.00 0.00 0.00 0.00 221.87 BRYAN ISD 2023 0.94920 50,354 15487 N 116.92 0.00 0.00 0.00 0.00 116.92 433.68 Balance Due As Of 07/3112024: -9.34 .. Terider• ' Details • : ' ` ';' • i.'' rDescNp6on:;�4.;••��:` "`�:' Artpouoti Credit Card- CC XX 2028 Conv.Charge 0.00 433.68 433.68 • • • r Operator -Batch . • ' J• " :ft:z • . -, c, •„:• Vf, 4", 1. rLL lra; •.7•,otal•Paid I lemerson 52544(JETPAYC 08022024 LE) _ 433.68: Special Condition Exists for this Property . 1 Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code Tam Avsmtao lm. -APPLICATION FOR TAX REFUND - Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,Fl,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS • GAY RALPH H III & PATRICE 5214 BALLYBUNION LN COLLEGE STATION TX 77845-4651 PROPERTY DESCRIPTION Legal: PEBBLE CREEK PH 9D, BLOCK 48, LOT 7 Address: 5214 BALLYBUNION LN , Account# 304628 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFU,ND 2023 _ __ _ 07/29/2024 $2352.44 _ _ -- $164.68 _ Taxpayer's reason for refund: OP-Overpayment REFUND TO: GAY PATRICE 5214 BALLYBUNION LN COLLEGE STATION TX 77845-4651 Sign below and return form to the Brazos County Tax Office. "I here pp for refund of the above-described taxes and certify that the information on this form is true and correct." 3 Al 24 T re date .1Ar � •35 3 z pat/amid.' " ®Phone# Email Aa If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DET :.1_! ATION T :tax refun• [ A,, ]Disapproved -�� art. ! a - Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date • •I I. TAX RECEIPT 07/29/2024 02:07PM KRISTEEN ROE, CTA PH#( .9 )775-9930 • 79 BRAZOS COUNTY TAX ASSESSOR COLLECTOR -- 4151 COUNTY PARK CT [ Receipt Number 3364011 • BRYAN,TX 77802 • Date Posted 07/29/2024; Payment Type P' Payment,Code __ Over/Refund. 'plat ___ _52,352.44, PAID BY: GAY PATRICE 5214 BALLYBUNION LN COLLEGE STATION,TX 77845-4651 Property ID • Geo•. • _ • ,Legal Ages.'' -•• . j i ':Owner Name_and Address: . _ r 304628 �497900-0048-0070 •0.0000 ; i CONFIDENTIAL 5214 BALLYBUNION.LN. Legal Description, • __�l I COLLEGE STATION,TX 77845-4651' !PEBBLE CREEK PH 9D,BLOCK 48,LOT 7 i 5214 BALLYBUNION LN , Entlty Year Rate Taxable Value Stmt# Vold Original Tax 'Discnts •.P&I Aft Fees Overage Amount: Fig Z REFUND ENTITY 2023 0.00000 0 149304 N 164.68 0.00 0.00 0.00 0.00 164.88 BRAZOS COUNTY 2023 0.40970 558,000 29564 N 531.52 0.00 0.00 0.00 0.00 531.52 CITY OF COLL STAT. 2023 0.51309 529,500 29564 N 631.65 0.00 0.00 0.00 0.00 631.65 COLLEGE STATION ISD 2023 0.96220 458,000 29564 N 1,024.59 0.00 0.00 0.00 0.00 1,024.59 2,352.44 Balance Due As 0f 07/29/2024: -164.68 Tender - • _Details' _ _• • - Description Amount! Check 996784`_ 2352.44 2352.44 • LOperater Batch.: • -�_- . . Total Paid tmoore 52477(07129120241i11) Z-552.41 Special Condition Exists for this Property - Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code ToseMe =Ine. APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS ROSEGRANT TET VEN (SOON) &JOEL LEE(MINOR 2/3 OWNSHP) 103 BAYOU BEND DR HOUMA LA 70364-1168 PROPERTY DESCRIPTION Legal: KURTEN WOODBINE UNIT TR 047 99021002-047 VESS OIL CORPO/KURTEN (WOODBINE) .0039510000 R Address: Account# 8509884 TAX PAYMENT INFORMATION - __ Name of Taxing Unit Tax Year of Refund *mint Date Amount Paid Refund Amount Requested ZREFUND 2023 08/05/2024 $144.51 $122.50 Taxpayer's reason for refund: OP-Overpayment REFUND TO: ROSEGRANT TET VEN(SOON) 103 BAYOU BEND DR HOUMA LA 70364-1168 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct." jukir • ff3 2 Lf Signature Date 95 Cf Phone# Email Address If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION T -tax re d is [ p oved ]Disapproved S an 1.14- Authorized Officer Signature Date • Authorized Officer of taxing•unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 08/06/2024 09:53AM • MELISSA LEONARD, PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR Receipt Number• . a • • 4151 COUNTY PARK CT BRYAN,TX 77802 3364780 Date PostedEI _98/06/2024 Payment Type. _ -_--- P. •Payirient.Code I__Over/Refund Total Pald ____ F, _ 514451 PAID BY: ROSEGRANT TET V • 103 BAYOU BEND DR HOUMA, LA 70364 • Property ID Geo Legal Acres 1 t Owner Nettie and Address = .- 8509884 99-021002-047-Ft 099021002047R036621 '39,510.0000 ROSEGRANT TEl VEN(SOON) i _ 1 _ _ _____I,__ K I &JOEL LEE(MINOR 2/3 OWNSHP) • _ _ Legal Description. _ __._ . 103 BAYOU BEND DR URTEN WOODBINE UNIT TR 047 990221002-047 VESS OIL CORPO%KURTEN(WOODBINE) HOUMA,LA 703 64-1 1 6 8 0039510000 R_ _ _ • _� • L_$ItUS __-- - ------ - __ DBA Name -- - ----------- - -- _ -• -- -- -_ . - - - _ . ---_-- - -. I Entity Year Rate Taxable Value Stmt# Void Original Tax Discnts P81 Att Fees Overage Atn cunt Pdl Z REFUND ENTITY 2023 0.00000 0 149328 N 122.50 0.00 0.00 0.00 0.00 122.50 EMG SVCS DIST/13 2023 0.02400 7,637 112961 N 0.28 0.00 0.05 0.05 0.00 0.38 BRYAN ISD 2023 0.94920 7,637 112961 N 11.05 0.00 2.10 1.97 0.00 15.12 BRAZOS COUNTY 2023 0.40970 7,637 112961 N 4.76 o.bo 0.90 0.85 0.00 6.51 144.51 Balance Due As Of 08108/2024: -122.50 Tender ' Details __ r �r Description•: `___. __- Amo t Check -_...___1047 --��- _ .. . _ __ ..... ._- -- - 144.51 144.51 __-7•-_ • .-,.r_ .. Total Pa_I'di iOperator__Batch^-• -•--- --- - __,. - ---.•_- -_-..._..... _.,._ _._ _ ____.._ - - tmoore 52591(0810612024TM) 144.51 Page:1 Receipt issued In Accordance with Section 31.075 of the Texas Property Tax Code Teams APPLICATION FOR TAX REFUND - - Collecting Office Name Collecting Tax for:(taxing entities) • Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,Fl,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS ERCANBRACK DORIS MARIE ESTATE ERCANBRACK JAMES EDWARD - 1110 AVENUE N APT 204 HUNTSVILLE TX 77340-4460 PROPERTY DESCRIPTION - Legal: MARGARET WALLACE, BLOCK 17, LOT 29 Address: 2602 STAUNTON DR. Account# 46790 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested •-- - ZRREFUND 2023-- -------- —08/05/2024---$635.00— —$104.48 -- Taxpayer's reason for refund: OP-Overpayment REFUND TO: ERCANBRACK JAMES EDWARD 1110 AVENUE N APT 204 HUNTSVILLE TX 77340-4460 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct." �� et i0 2r P 4J -g ,`I o s`t- )0 �[ Signaturd D (� 93C- & fl74f5G -- Phone# Email Address if you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony _ _ under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION Che tax refund is [ proved [ ] sappro Abio., e I al Ic?L4_ •. \ ' � Aut,orized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 08/06/2024 10:00AM MELISSA LEONARD, PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR Recei Number _.- 1 4151 COUNTY PARK CT ""-p u - BRYAN,TX 77802 3364783 Date Posted I 08/0612024! Payment Type, L_ .__ P; • Payment Code' Over/Refund' TotatPaid-^_ . •_ $835.00 PAID BY: ERCANBRACK JAMES EDWARD 1110 AVENUE N APT 204 HUNTSVILLE,TX 77340-4460 • �Property.ID • .••-Geo� ._.�_ . Legal Acres �� t Owner Name and Address' 1 46790 1641000-0017-0290 i 0.0000 1 ERCANBRACK DORIS MARIE ESTATE , Le al Descri tion %ERCANBRACK JAMES EDWARD �__._�_ _9-_-- P--- _-------_ __.- -- -j 11110AVENUEN IMARGARET WALLACE.BLOCK 17,LOT 29 _ ' I APT 204 '-- . .DBA Name '-'- 1 1 HUNTSVILLE,TX 77340-4460 2602 STAUNTON DR . I --_ i j-Entity Year_ Rate T.axabie Value .Stmt# • . Void:: Original Tax 'Discnts PSl Att Fees Overage Amount Pd Z REFUND ENTITY 2023 0.00000 0 149327 N 104.18 0.00 0.00 0.00 0.00 104.18 BRAZOS COUNTY 2023. 0,40970 34,725 41895 N 80.15 0.00 15.23 14.31 0.00 109.69 CITY OF BRYAN 2023 0.62400 34,725 41895 N 122.06 0.00 23.19 21.79 0.00 167.04 BRYAN ISD 2023 0.94920 34,725 41895 N 185.67 0.00 35.28 33.14 0.00 254.09 635.00 Balance Due As Of 0 810 6120 24: -104.18 Tender Details _ • _ _D_Descripti •on-. _ _lltttoari Check 99689 - - 435.00 -Check " 99699 200.00 635.00 • • Aerator Batch - ' _-- ------- -.- • _ Total Paldl tmoore 52591(08/066/2024TM) ------------ -- r - - y--• _ _ 635.001 Page:1 Receipt Issued In Accordance with Section 31.075 of the Texas Property Tax Code Tnmauemson.urc. JUN 2 0 70711 APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,Fl,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISO OWNER'S NAME AND ADDRESS STARR NICHOLAS&KAILEETEITGE 2023 CHIEF ST BRYAN TX 77807-1570 • PROPERTY DESCRIPTION Legal: PLEASANT HILL SEC 2 PH 2,BLOCK 5, LOT 11 Address: 2023 CHIEF ST , Account# 441577 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2023 06/12/2024 $2889.60 $2889.60 Taxpayer's reason for refund: OP-Overpayment REFUND TO: NATIONSTAR MORTGAGE LLC %CORELOGIC PO BOX 9202 COPPELL,TX 75019 Sign below and return form to the Brazos County Tax Office. "I hereby a y the refun f the-a ve-described taxes and certify that the information on this form is tr e and correct." • cOdi....„,, , Mari a Del 7......19-- 817-699-2106 - shenshwetha@coreloglc.com Phone# Email Address If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jell felony under Texas Penal Code Section 37.10. • TAX REFUND D • . • 10 • Nib= nd is [ " •pproved Disapproved 0 Iorri Authorized Officer Signature " Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TA)CRECEIPT 06/12/2024 02:09PM • KRISTEEN ROE, CTA PH#(979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR Receipt Number • 4151 COUNTY PARK CT 3355636 B RYAN, TX 77802 -•- Date Posted 06/12/2024 • Payment Type P Payment Code Over/Refund Total Paid. ' • $2,889.60 PAID BY: • NATIONSTAR MORTGAGE LLC • • % CORELOGIC INC PO BOX 9202 COPPELL,TX 75019 Property ID Gee, Legal Acres Owner Nagle and Address 441577 509270-2205-0110 0.0000 STARR NICHOLAS&KAILEE TEITGE • 2023 CHIEF ST Legal Description BRYAN,TX 77807-1570 - PLEASANT HILL SEC 2 PH 2,BLOCK 5,LOT 11 5itus• DBA Name • 2023 CHIEF ST , Entity Year Rate Taxable Value Strnt# Vold Original Tax Dlscnts P8d Ad Feet Overage Amount Pd Z REFUND ENTITY 2023 0.00000 0 149197 N 2,889.60 0.00 0.00 0.00 0.00 2,889.60 BRYAN ISO 2023 0.94920 190,159 125214 N 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF BRYAN 2023 0.62400 261,940 125214 N 0.00 0.00 0.00 0.00 0.00 0.00 BRAZOS COUNTY 2023 0.40970 261,940 125214 N 0.00 0.00 0.00 0.00 0.00 0.00 2,889.60 Balance Due As Of 0611212024: -2889.60 Tender Details Description . • Amount Check 53354077 2889.60 2889.60 • • Operator Batch • Total Pald aparra 51775(0512211124 AP) i • 2,889.60 Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code True e arm:r� BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS) FOR THE 2023-2024 BUDGET YEAR NO. 23/24 45.01-45.02 On this the 271 day of August 2024 at a regular meeting of the Commissioners'Court,the following members were present: A.Duane Peters,County Judge,Presiding B. Steve Aldrich,Commissioner,Precinct 1 C. Chuck Konderla, Commissioner,Precinct 2 D.Nancy Berry,Commissioner,Precinct 3 E. Wanda Watson,Commissioner,Precinct 4 F.Karen McQueen,County Clerk The following proceedings were held: THAT WHEREAS, on 27th day of August 2024 the Court heard and approved a budget amendment(s)for the 2023-2024 budget year for Brazos County,Texas; and WHEREAS,expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 19 September 2023, the following amendment(s)to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 27'h day of August 2024. THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS. :)By: Duane Peters,County Ju e Original: County Clerk's Office and Attached to the original budget • • BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23/24-45.01 8/27/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE TJJD-Salary Adjustment Brazos County Grant Fund Basic Probation Revenue 47,703.66 TJJD-Salary Adjustment Brazos County Grant Fund Basic Probation Salary and Wages Expenditure 25,000.66 TJJD-Salary Adjustment Brazos County Grant Fund Basic Probation Benefits Expenditure 2,000.00 TJJD-Salary Adjustment Brazos County Grant Fund Basic Probation Benefits Expenditure 4,203.00 TJJD-Salary Adjustment Pre &Post Adjudication- Brazos County Grant Fund Detention Salary and Wages Expenditure 12,500.00 TJJD-Salary Adjustment Pre &Post Adjudication- Brazos County Grant Fund Detention Benefits Expenditure 1,000.00 TJJD-Salary Adjustment Pre &Post Adjudication- Brazos County Grant Fund Detention Benefits Expenditure 2,000.00 TJJD-Salary Adjustment Pre &Post Adjudication- Brazos County Grant Fund Detention Benefits Expenditure 1,000.00 Brazos County Grant Fund Recognize TJJD Supplemental Salary Adjustment Grant for September. • SAM 7�•Z 8/21/2024 i Coun Jud e A royal Date' . _— --- ._ d ._ . g.�. PP__ ._ .__�......._ ��.�.:.__ Foz Oraile"Entry Only.,: r >a N FUND DIV ACCT Change In Budget ACCOUNT NAME 30000- 311110 48003100 47,703.66 30000 311110 51670000 25,000.66 30000 311110 53100000 2,000.00 30000 311110 53200000 4,203.00 30000 311120 51670000 12,500.00 30000 311120 53100000. 1,000.00 30000 311120 53200000 2,000.00 30000 311120 53800000 1,000.00 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23124-45.02 8/27/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE County Auditor- General Fund Administration Contractual Services Expenditure 1,000.00 County Auditor- General Fund Administration Supplies and Other Charges Expenditure 1,000.00 General Fund Reallocation of funds to correct accounts to purchase pocket inserts for the Texas Practice series. NNPI g02-7� (Date: _- 8/22/20241 •_ _ County Judge Approval Date rF,or,�O acle Entry&Oely -0 �i z ' F�nr � 'E. 'e-:minisPz ._ ,4, " k .. FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 16000100 71020010 (1,000.00) 01000 16000100 61110000 1,000.00 Personnel Change of Status (Aug 22,2024) Commissioners'Court Date: 08-27-2024 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment Department Name Employee Name Jail Medical Services . • Blelamowia Keener,Kelly . Sheriff Office-Jail Administration :Gil,Ranfis• Texas Indigent Defense Commission Grant DeMatteo,Lyndsay. Separation's Department Name Employee Name Sheriff Office-Jail Administration Ivey,Zachary .Tax Assessor-Collector-Administration Hardin,Faith Personnel Action Forms Department Name Employee Name Sheriff Office-Jail Administration Bennatt,James Sheriff Office-Jail Administration Jones,Jazlyn . • Sheriff Office-Jail Administration Lampkin,Star • Tax Assessor-Collector-Administration Hill,Jon • Tax Assessor-Collector-Administration . Oglesby,Stacie Tax Assessor-Collector-Administration Backman,Tonia Approved in'Commissioners'Court:08-27- County Judge's or Commissioner's Signature: