HomeMy WebLinkAbout1994-04-04-0900AM-SpecialA ,
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BRAZOS COUNTY
BRYAN. TEXAS
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18. Adjourn.
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AGENDA
BRAZOS COUNTY COMMISSIONERS' COURT MEETING
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THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY,
APRIL 4, 1994 AT 9:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation.
2. Pledge of Allegiance.
3. Presentation of a Proclamation regarding Law Enforcement Appreciation Day.
4. Consider and take action on letter releasing the bonding company for
ZORTEC, Inc., regarding Road and Bridge softwear package.
5. Consider and take action on Order appointing James A. Amis, Jr. to sit as
Special Judge for County Court at Law No. 2.
6. Consider and take action on court ordered tax refund to Resolution Trust
Corporation.
7. Consider and take action on various policy changes as proposed by the County
Auditor.
8. Consider and take action on approval to advertise for bids for Electronic
Monitoring System for Juvenile Services.
9. Consider and take action on the award of bid for Annual Lamp and Ballast
Contract and authorize the payment thereof. Bid No. 94-744.
10. Consider and take action on exemption from competitive bidding requirements
of Local Government Code, Section 262.024(a)(7)(C) for electric power,
natural gas, water or other utility services from Wickson Creek Special Utility
District.
11. Consider and take action on Road and Bridge Policy.
12. Consider and take action on request from Brushy Water Supply Corporation
( to install waterline in county right-of-way of Kemp Road in Precinct 4.
13. Consider and take action on Replat of a 4.0 Acre Tract of Land and a variance
{ to the requirement for additional right-of-way near Smith Lane in Precinct 4.
14. Consider and take action on work outside county rights-of-ways for the
enhancement of county road projects in Precinct 1.
j 15. Acknowledge receipt of Independent Auditors' Report on Compliance.
16. Consider and take action on personnel change of status.
17. Consider and take action on payment of claims.
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COMMISSIONERS' COURT
SPECIAL MEETING
APRIL 4, 1994
A special meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Monday, April 4, 1994, with the following members of
the Court present:
R. J. Holmgreen, County Judge, Presiding;
Gary Norton, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Milton Turner, Commissioner of Precinct 4, Absent;
Mary Ann Ward, County Clerk.
The following citizens and officials were in attendance:
Ruth McLeod Executive Assistant
Carol Palmer Admin. Asst. to County Judge
Bea Green Secretary to Commissioners
John Reynolds Auditor
Cheryl Turney Auditor's Office
Sandie Walker Treasurer
Richard Vance County Engineer
Bobby Riggs Sheriff
Rita Watkins Sheriff's Office
J.R. Burkhalter Jail Administrator
E.A. Wentrcek Juvenile Services
Dan German Juvenile Services
Fred Forsthoff Civil Defense
John Blomberg KBTX-TV
Al Jones Candidate for County Judge
Phyllis Fahlquist LWV
Ada Taylor Citizen's Police Academy
Rork Crozier Citizen's Police Academy
Commissioner Sims gave the invocation and led the pledge
of allegiance.
The County Judge read aloud a Proclamation designating
April 13, 1994 as "Law Enforcement Appreciation Day". The
Court joins with the cities of Bryan and College Station and
Texas A&M University to urge awareness in the community of the
dedication and bravery of our local law enforcement
professionals. On motion by the County Judge, seconded by
Commissioner Sims, the Court moved to proclaim April 13, 1994
as "Law Enforcement Appreciation Day" throughout Brazos
County. The County Judge then presented the signed
Proclamation to Ada Taylor and Ron Crozier, representing the
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Commissioners Court meeting April 4, 1994
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local police academy.
The Court next considered a request from Dr. Dan Colunga
requesting a letter to release the Performance Bond of ZORTEC,
Inc. since they have completed the Road and Bridge software.
This has been verified by the head of Data Processing and the
Road and Bridge Department. On motion by Commissioner Wilcox,
seconded by Commissioner Sims, the Court voted unanimously to
forward a letter to Frontier Insurance Company releasing them
'of all liability under Bond Number 31917 for ZORTEC, Inc..
The Court next considered an order appointing James A.
Amis, Jr. to sit as Special Judge in County Court at Law II
from May 2, 1994 through May 4, 1994 to allow Judge Ryan to
take vacation time. The County Judge moved to approve the
request. The motion was seconded by Commissioner Wilcox.
Commissioners Norton, Wilcox and the County Judge voted "Aye";
Commissioner Sims voted "No". The Court approved the order
naming James A. Amis, Jr. as Special Judge for County Court at
Law II for the dates of May 2, 1994 through May 4, 1994. A
full copy of the Order is attached to and made a part of these
minutes.
The next matter for consideration was a tax refund to
Resolution Trust Corporation. In a Court settlement it was
agreed that the appraised value for 1992 taxes should be
$1,900,000.00 instead of $2,289,000.00. On motion by
Commissioner Wilcox, seconded by Commissioner Sims, the Court
voted unanimously to refund $1,711.21 in county taxes for 1992
to Resolution Trust Corporation.
On motion by Commissioner Wilcox, seconded by
Commissioner Sims, the Court voted unanimously to table
consideration of various policy changes proposed by the County
Auditor until such time as the Court can discuss this with the
department heads.
The next matter for consideration was approval to
advertise for Requests for Proposals on an Electronic
Monitoring System for Juvenile Services. The head of Juvenile
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Commissioners Court meeting April 4, 1994
Services explained how the monitoring system worked. On
motion by Commissioner Norton, seconded by Commissioner Sims,
the Court voted unanimously to authorize the Purchasing Agent
to advertise for RFP's .
The Court next considered awarding the following bids:
Bid No. 94-744 - Annual Lamps & Ballasts Contract
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Cheryl Turney, Purchasing Agent,
recommended acceptance of the bid
submitted by Ward Electric on all items
with the exception of #9 & #15. Spot
purchases can be made on these two items.
On motion by Commissioner Norton,
seconded by Commissioner Wilcox, the
Court voted unanimously to accept the
recommendation of the Purchasing Agent
and award the contract to Ward Electric
on all items with the exception of #9 &
#15.
The Court next considered a Wavier of Competitive Bidding
Requirements as provided in Section 262.024(a)(7)(C) of
Vernon's Annotated Civil Statutes for the purchase of electric
power, natural gas, water, or other utility services from
Wickson Creek Special Utility District. On motion by
Commissioner Wilcox, seconded by Commissioner Norton, the
Court voted unanimously to approve the Waiver of Competitive
Bidding Requirements and authorized the payment of $19,620.00
to Wickson Creek Special Utility District.
The Court next considered adoption of a Road and Bridge
Policy for Brazso County. On motion by Commissioner Norton,
seconded by Commis-sioner Sims, the Court voted unanimously to
adopt the proposed Road and Bridge Policy. Commissioner
Wilcox stated the Court needed to write Road & Bridge Policy
and Procedures.
The Court next considered the request from Brushy Water
Supply Corporation to place a road bore in the right-of-way of
Kemp Road approximately 100.0 feet from its intersection with
State Highway 60. The site is located in Precinct 4. The
County Engineer stated that all appeared to be in order and
recommended approval. On motion by Commissioner Sims,
seconded by Commissioner Norton, the Court voted unanimously
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Commissioners Court meeting April 4, 1994
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to approve the request of Brushy Water Supply Corporation and
authorized the installation. A copy of the request is
attached hereto.
The Court next considered approval of the replat of a 4.0
acre tract of land in an unrecorded subdivision near the
northwest end of Smith Lane off FM 60 with a request for a
variance to the requirement for additional right-of-way as
this tract is approximately 250.0 feet from the dead end of
Smith Lane which is presently a 60.0 foot right-of-way. The
site is in Precinct 4. On motion by Commissioner Norton,
seconded by Commissioner Wilcox, the Court unanimously
approved the replat of the 4.0 acre tract of land in an
unrecorded subdivision. Commissioner Sims asked that the
Health Department be notified to inspect the septic system.
The Court next considered authorizing work outside of
county rights-of-way for the enhancement of county road
projects. The Road and Bridge Department requests permission
to enter the private property of B. F. Vance, Jr. on Greens
Prairie Trail to clear out and straighten a creek channel. On
motion by Commissioner Norton, seconded by Commissioner Sims,
the Court voted unanimously to authorize the work.
The Court acknowledged receipt of the Independent
Auditor's Report on Compliance.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
Wuich, Kim District Clerk Resignation
Crenshaw, Michelle Juvenile Serv. 6 mon Increase
Pittman, Dellarick Juvenile Serv. 6 mon Increase
Mitchell, Dana Juvenile Serv. 6 mon Increase
Brower, Rebecca Tax Office Resignation
Vance, Richard Road & Bridge 6 mon Increase
On motion by Commissioner Norton, seconded by Commissioner
Wilcox, the Court voted unanimously to approve the changes as
submitted.
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Commissioners Court meeting April 4, 1994
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
10--GeneralFund-------------- Claims--7032-=thru--7340--
20--Road & Bridge-------------Claims--7547--thru--7595--
22--Road & Bridge II---------- Claims--7341--thru--------
30--Capital Projects & Improvements:
Proposition-I------- Claims--7342--thru--7345--
32--Records Mgn. & Presv------ Claims--7346--thru--------
54--Health Department Claims--7368--thru--7380--
60--Payroll------------------- Claims--7381--thru--7398--
61--Health & Life Ins--------- Claims--7399--thru--------
90--Brazos County Grants Claims--7400--thru--7537--
91--MPO----------------------- Claims--7538--thru--7542--
97--Marc. Traf. Task Force Claims--7543--thru--7546--
On motion by the County Judge, seconded by Commissioner
Norton, the Court voted unanimously to approve the Claims as
submitted.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court Meeting held
have been examined and approved in open Court
this the day of lc~,~ , 19_y_.,/-, in Bryan,
Brazos County, Texas.
R.J. H61mgreen Gary Nor
County Judge. Commissi r, Precinct 1
G•SL T r~
Walter Wilcox Randy S,iims
Commissioner, Precinct 2 Commissioner, Precinct 3
1 j l3 Se" /-T
Hilton Turner Mary Ann Ward
Commissioner, Precinct 4 County Clerk
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IN THE CONNISSIONERS COURT
OF
BRAZOS COUNTY, TEXAS
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On this the day of , 1994, the Commissioners
Court of Brazos County, Texas, onvened in Regular Session at the
Special Term of the Court, at the Brazos County Courthouse, in the
City of Bryan, Texas, with the following members present, to-wits
R. J. Holmgreen, County Judge
Gary Norton, County Commissioner, Precinct No. 1
Walter Wilcox, County Commissioner, Precinct No. 2
Randy Sims, County Commissioner, Precinct No. 3
x Milton Turner, County Commissioner, Precinct No. 4.
Among other proceedings had, the following proposed order was
submitted:
WHEREAS, the Honorable Sarah Ryan, Judge of the County Court
at Law No. 2 of Brazos County, Texas, having made known to the
Commissioners Court of Brazos County, Texas, that on May 2, 3, & 4,
1994, she wishes to take personal leave; and
WHEREAS, she has requested the appointment of the Hon. James
A. Amis, Jr. to sit as Special Judge of the County Court at Law
No. 2 of Brazos County, Texas on May 2, 3, & 4, 1994 in all matters
that are, or may be, docketed on the Court's dockets for those
days, and to have and exercise all powers of a Special Judge in
relation to matters involved, it is therefore:
ORDERED, ADJUDGED AND DECREED, pursuant to the authority of
Article 30.03, Section 2, Code of Criminal Procedure, that the Hon.
James A. Amis, Jr., sit and hear all matters that are, or may be,
docketed on any of the Court's dockets on May 2, 3, & 4, 1994, and
shall have and exercise all powers of such Special Judge in
relation to the matters involved;
WHEREAS, the Court having considered the proposed order and
deeming that it should be approved; it is therefore:
ORDERED, ADJUDGED AND DECREED by the Commissioners Court of
Brazos County, Texas, that the order as submitted having been read,
it was moved and seconded that same should be approved. Thereupon,
the questions being called for, the following members of the Court
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voted AYE: ~
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and the following voted NO:
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ATTEST:
Y N WARD
County Clerk
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Pursuant to Article 30.05, Code of Criminal Procedure, the
Clerk entered in the minutes as a part of the proceedings a record
showing that the oath of office prescribed by law was duly
administered to James A. Amis, Jr., as such Special Judge.
R. Or. HOLNGR N
County Judge
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ATTEST:
K/
Y PLNN WARD
County Clerk
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. J(I'HOLRGREE;K
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county Judge
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TO: John Reynolds, County Auditor
FROM: R. J. Holmgreen, County Judge
RE: EXEMPTION FROM COMPETITIVE BIDDING REQUIREMENTS OF
LOCAL GOVERNMENT CODE, SECTION 262.024(a)(7)(C).
Please be advised that on this 4t day of AML 1994, at a Regular Session of the
Commissioners' Court on which the following members were present:
County Judge
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~o Commissioner, Pct, I
Commissioner, Pct. 2
Commissioner, Pct. 3
Commissioner, Pct. 4
The Commissioners' Court has determined that there is only one source and hereby grants
an exemption from the competitive bidding requirement for the following electric power.
natural gas, water, or other utility services from the following vendor. Wickson Creek Special
Utility District, as provided in the Local Government Code, Section 262.024(a)(7)(C). The
Court hereby approves such payment in the amount of $19,620.00 to the designated vendor
for relocation of water lines and water meters on Macey Road.
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ROAD AND BRIDGE POLICY
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6.
In 1983, Brazos County held an election and by a majority
vote of its qualified voters, adopted "The Optional
County Road Law of 194711, which is also know as the
"Court/Engineer System".
Under this system, the construction and maintenance of
county roads and bridges is vested in the county road and
bridge department which shall include the Commissioners
Court as the policy-determining body, the county road
engineer as the CHIEF EXECUTIVE OFFICER, other
administrative personnel and road employees.
The organization, daily operation and procedures of the
road and bridge department will be the sole
responsibility of the engineer in so long as it is
consistent with the law.
The County Engineer shall be appointed by the
Commissioners Court. He must be a licensed professional
engineer experienced in road and bridge construction and
maintenance and must meet the qualifications required by
the State Department of Highway and Transportation for
its county engineers.
The County Engineer holds his position for an indefinite
term and may be removed by a majority vote of the
Commissioners Court.
The County Engineer is responsible to the Commissioners
Court for the efficient and economical construction and
maintenance of the county roads. He may appoint for an
indefinite term and remove all county road department
personnel, subject.to the approval of the Commissioners
Court. *Except for the purpose of inquiry, the
commissioners court shall deal with the county road and
bridge department's administrative personnel and
PmnlnvPPs throuah the County Enq neer.
7. The engineer shall attend all meetings of the
Commissioners Court when it sits to consider county road
matters. The engineer has the right to participate in
the discussion and to make recommendations. He shall see
that the policies of the Commissioners Court relating to
county roads are faithfully executed, supervise the
administration of the county road department and prepare
detailed annual budget estimates for the construction and
maintenance of the county roads and the operation of the
road and bridge department.
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8. He shall prepare estimates and specifications for all
equipment, materials, supplies and labor necessary for
the construction and maintenance of the county roads and
the operation of the road and bridge department.
9. Serve as custodian for all equipment, materials and
supplies belonging to the county road and bridge
department.
10. Prepare plans and specifications for all county road
construction and maintenance.
11. Maintain cost account records on county road and bridges
department expenditures.
12. Keep a perpetual inventory of all county road and bridge
department equipment, materials and supplies and perform
other duties that are required by the Commissioners Court
and are consistent with the law.
13. The engineer, with the Commissioners Court, shall develop
a method by which a prioritization schedule will be
formulated. Once this "formula" is established it will
enable the court and the engineer to determine and
prioritize the county's road and bridge needs.
14. The engineer will meet with the commissioners
individually to address the needs of his/her precinct and
prioritize those needs. They will meet as many times as
necessary but no less than twice each year.
15. The Commissioners Court will hold as many workshops as
necessary with the engineer to keep the court informed as
to the status of the prioritization schedule, progress
being made and be given any direction if needed.
16. On projects of county road and bridge construction and
maintenance let (awarded) to private contractors, the
county engineer is the representative of the county in
inspecting the progress of the work. Before a claim for
county road and bridge construction or maintenance done
by private contractors may be paid by the Commissioners
Court the county engineer must certify in writing the
correctness of the claim and must certify that the work
done conforms to the plans and specifications called for
in the contract.
17. The construction and maintenance of county roads and
bridges, ownership and use of all county road department
equipment, materials and supplies and the administration
of the county road and bridge department shall be on the
BASIS OF THE COUNTY AS A WHOLE WITHOUT REGARD TO
COMMISSIONER PRECINCTS.
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18. It is the intent of this court that any direction or
redirection concerning any policy established by the
court come from the entire court (or at least the
majority) in the form of a written directive and not from
any one or two commissioners.
Approved in Commissioners Court this 4114 day of 1994
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Ho green, C ty Judge
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NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY. TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
ormaI notice is hereby given that :k5hU I )tl 4-P, y
Y (Applicant), proposes to plat .
within the right-of-way of Em iol~za (name of
road) in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully
shown by .3 copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he or his designated inspector may
inspect the actual installation.
2. That all damage to the roadways and rights-of-way will be repaired
to their original condition to the satisfaction of the County
Engineer.
3. That Brazos County reserves the right to require Applicant to
relocate or lower any such line at no cost to Brazos County, should
same become necessary due to widening or lowering, or other
alteration of the roadway or right-of-way.
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4. That Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
S. That the line will be constructed and maintained on the County right-
of-way in accordance with governing laws.
6. That the line or lines will be constructed no less than twenty-four
inches (24") lower than the lowest part of the drainage or bar ditch
and the drainage is to be considered at least two feet (21) below
the center of the roadway.
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7. That all sites will be barricaded during the construction period.
struction of thi line will begin on or after the 4WI~day of
19.
Firm:
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By: ~TOm d~C1Jr1 C n~✓1
Title: L Q O12W_0lS pf
Address: Boy :2to J
' 1 el lborrl,Tx ~c ~l ~8 ~
Phone:
APPROVED BY COMMISSIONERS' COURT
Date: ~rn N~ /99Y
. mgreen, oun y Judge
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WORK OUTSIDE COUNTY RIGHTS-OF-WAYS
FOR THE ENHANCEMENT OF COUNTY ROAD PROJECTS
Name
Address or Phone
Location of Work to be Done
Descxi bon of Work to be Done
Signed
VANCE,
B.F., Jr.
3131 Briarcrest Dr.
Bryan, TX 77802
Greens Prairie Trail I
Pemrssion to enter private property
for the purpose of cleaning out and
straightening creek channel for safety
and welfare of the general public.
03/3O/94
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Date March 24, 1994
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS
PERMISSION FORM
1. LAND OWNER AND ADDRESS B. F. Vance, Jr.
General Security Life Insurance Co.- 3131 Briarcrest Drive. Bryan. TX 77802
II. LOCATION OF WORK Greens Prairie Trail
Ill. DESCRIPTION OF WORK TO BE DONE clean out and straighten creek
channel. - !ae 70#
IV. MAINTENANCE YES NO xx
IF YES, ESTIMATED FREQUENCY OF MAINTENANCE
(Owner will be notified prior to maintenance)
Richard F. Vance, P.E. C.E. (Ed) Iverson
County Engineer Engineering Aide
OWNER'S SIGNATURE
DATE - Z ~eF'1,041111