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HomeMy WebLinkAbout1995-08-29-0900AM-Regulart BRAZOS COUNTY BRYAN. TEXAS f f AGENDA I' bA 95 AUG 24 PM 4: 31 ...,...,:O.CLERA l9R S COUAIT T COU SE DEPUTY BRAZOS COUNTY COMMISSIONERS COURT MEETING THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, AUGUST 29, 1995 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. i t 1. Invocation - Commissioner Cauley. 2. Pledge of Allegiance - Commissioner Cauley. 3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens wishing to address the Court on county-related issues not scheduled on the agenda. Please limit subject matters to five minutes. The Commissioners will receive the information, conduct research into the matter, and/or place the matter on a future agenda for discussion. (A recording is made of the meeting; therefore, please give your name and address for the record.) Consider and take action on agenda items 4 - 14: 4. Personnel Change of Status. 5. Payment of claims. 6. Renewal of Emergency 911 District contract. 7. Establish public hearing date to consider the posting of speed limits on Arrington Road and South Oaks Drive in South Oaks Subdivision located in Precinct 1. 8. Approval of Cooperative Agreement for Title IV-D Program between the Office of the Attorney General of Texas and Brazos County for plan to administer child support enforcement. 9. Budget Amendment 94/95-28. 10. Appointment of Presiding and Alternate Judges for elections conducted by Brazos County. 11. Request from GTE to place a parallel installation in the right-of-way of Andert Road beginning approximately 300 feet south of SH 21 and extending for a distance of 1,743 feet. Site is located in Precinct 3. 12. Acceptance of Warranty Deed from Tim V. Thurmond and wife, Paula Thurmond, on the expansion and improvements to Hicks Lane located in Precinct 3. 13. Acceptance of Warranty Deed from Dan Jarvis Estate on the expansion and improvements to Cobb Road located in Precinct 3. VOL.4 PAGLAIAL i z F' Commissioners Court Meeting, Tuesday, August 29, 1995 s • r , i i , 14. Hewlett-Packard Maintenance Agreement. 15. Call for citizen input and/or concerns. • L 16. Adjourn. , • h i r r i w The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements, call (409) 361-4102. i 1 i o r• R~ .y 't i, ~f J, PAn vo L. IL - 's i . E / mow' k; • ~ i COMMISSIONERS' COURT REGULAR MEETING AUGUST 29, 1995 A regular 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, August 29, 1995, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Sandie Walker, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Ruth McLeod Executive Assistant ! Bea Green Secretary to Commissioners i John Reynolds Auditor Kay Hamilton Treasurer ` Marc Hamlim • District Clerk Richard Vance County Engineer Bobby Riggs Sheriff Marijane Deen CNS Duane Peters Constable Pct. 4 Chip Lambert Bryan/College Station Eagle Katie Pulliam Brazos County Resident E Phyllis C. Fahlquist LWV Commissioner Cauley gave the invocation and led the F pledge of allegiance. There was no citizen input and/or concerns. The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Hill, Bryan Alan Brazos Center New Emp P/T Scott-Spears, Mika County Attorney Resignation Walker, Jennifer County Attorney Transfer Ramage, Jack, Jr. Juvenile Serv. Comp Training Collier, Stephen Juvenile Serv. Resignation Arredondo, G. Y. Road & Bridge Promotion on motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 95-03490 through 95-03680 1~ A • k 01 Commissioners Court meeting August 29, 1995 On motion by Commissioner Walker, seconded by Commissioner Norton, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was the renewal of a Contractual Agreement between Brazos County and the Brazos County Emergency Communications District for emergency communications services dispatching. Effective October 1, 1995, the District is appointed the emergency communications dispatching authority for Brazos County for the period October 1, 1995 through and including September 30, 1996. The County agrees to pay $124,271.00 for the services provided. on motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to enter into contractual agreement with the Brazos County Emergency Communications District for emergency communications services dispatching. A copy of the contractual agreement is attached hereto. On motion by Commissioner Norton, seconded by Commissioner Cauley, the Court voted unanimously to hold a Public Hearing in accordance with Section 6701-1(D) to consider the posting of speed limits on Arrington Road and South Oaks Drive/South Oaks Subdivision in Precinct 1. The meeting will be held Tuesday, September 12, 1995 at 10:00 a.m. in the Commissioners Courtroom. On motion by Commissioner Cauley, seconded by Commis- sioner Walker, the Court voted unanimously to enter into Cooperative Agreement for Title IV-D Program between the Office of the Attorney General of Texas and Brazos County for a plan to administer child support enforcement. The Agreement becomes effective September 1, 1995 and runs through August 31, 1997. The current District Clerk noted that the names of the former District Clerk and County Auditor appeared on the agreement and said they would have to be corrected. He also pointed out that the county would receive a 66% reimbursement for collecting child support payments. A copy of the Agrement is attached. vO ._PAa 2- Commissioners Court meeting August 29, 1995 i The Court next considered Budget Amendment #94/95-28, which would reallocate funds budgeted for County Court at Law #1, Juvenile Services Administration, Community Support, District Attroney, Commissioners Court and Fire Protection. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. On motion by Commissioner Walker, seconded by Commis- sioner Sims, the Court voted unanimously to appoint the following persons as presiding judge and alternate judge for the current voting year at the following voting precincts: Pct Election Judge Alternate Judge 3a/3b Diona Kuder 17/47/ 48/49 Bennie Ostiguin 31 Vi Cook 45a/45b/ 45c/19/ 66/81 George McDonald 1 Gary T. Griffin The Court next considered the request from GTE to place ~I a parallel installation in the right-of-way of Andert Road beginning approximately 300 feet south of SH 21 and extending for a distance of 1,743 feet. The site is located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. on motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from GTE and authorized the installation. A copy of the request is attached hereto. The Court next considered acceptance of a Warranty Deed for right-of-way on Hicks Lane in Precinct 3. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County Warranty Deeds from Tim V. Thurmond and wife, Paula Thurmond. The Court next considered acceptance of a Warranty Deed for right-of-way on Cobb Road in Precinct 3. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court t p 1 t t l r E c VO 01 01 61 Commissioners Court meeting August 29, 1995 voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Warranty Deed from the Dan Jarvis ` Estate. The next matter before the Court was consideration of the Hewlett-Packard Maintenance Agreement Contract. Term of the contract is from October 1, 1995 through September 30, 1996 at f a cost of $23,412.00. The is the standard renewal contract. On motion by Commissioner Walker, seconded by Commissioner Norton, the Court voted unanimously to renew the Hewlett- Packard Maintenance Agreement Contract. A copy of the agreement is attached hereto. Under citizen input and/or concerns: Commissioner Cauley talked about the problems with the telephones and the County Judge asked about the $6,000.00 cost for a telephone switch at the Road and Bridge Department. Commissioner Sims informed the Court that he had talked with Jim Allison about Medicaid and the new regulations. The County Judge asked the Sheriff if S.O. was going to use the pick-up truck for License and Weight. Sheriff Riggs replied "Yes". There being no further business to come before the Court, the meeting was adjourned. r - 7 a lit) PAo 'i i I~ r, i , J • i - - - •.u .a+Y r~rtr rrrwrr.w 1i rr~-- -'-w'wact,-J,ad.:.,1.aw'irww - - -"~~..~.++.+sa~..trr a±l'.ai r`...r-- - - d _ -~.~r awi.. ..oY.:~.~~-• I / rf ! The foregoing minutes of the Commissioners Court meeting held auGUs ~If E ~ 1995 have been examined and are approved in open Court this the 30th day of ARrti 1996 F ' t in Bryan, Brazos County, Texas. f I F Alvi W. Jon Gary N County Judge Comm s on 6, Precinct 1 i ~ Z t Sandie a er Randy Sirflwd Commissi , Precinc 2 Commiss'oner, Precinct 3 i ey C e , r. Mary Ann Ward Commiss Foner, Prec'nc 4 County Clerk i• r r [ 1 VQ 1 PAQ& f 01 01 t l i s / r g t` f, i E. AGREEMENT ' THIS AGREEMENT is entered into this 23rd day of August, 1995 A.D., by and between BRAZOS COUNTY, Texas (County) and the Brazos County Emergency Communications District 9-1-1 (District) pursuant to the authority of the Texas Interlocal government Cooperation Act, Article 4413(32c), V.T.C.S. WHEREAS, pursuant to Aritcle 1432 (e), V.T.C.S. , the District has been formed and is a political subdivision of the State of Texas; and, WHEREAS, Brazos County is also a political subdivision of the State of Texas authorized to enter into interlocal cooperative governmental agreements; and, WHEREAS, the Brazos County Commissioners in public meeting find that it is mutually beneficial for the County and the District to enter into an agreement for the District to perform for the County, Emergency Communications Services Dispatching; NOW THEREFORE; IN CONSIDERATION of the mutual promises to each other made hereinafter, the undersigned parties agree as follows: Effective October 1, 1995, the District is hereby appointed the emergency communications dispatching authority for Brazos County for the period October 1, 1995, tl iwugh and including September 30, 1996. The District, shall be responsible for providing a functioning computer aided dispatch system to the County. -1- VOL---X PAGEaUl tt~ I~ r F d L f r f f t i F i k The County agrees to pay and the District agrees to accept as compensation for the services provided a flat fee of one hundred twenty four thousand two hundred seventy one ($124.271) and NO/100 DOLLARS. The County shall pay the full amount due within ten days of invoice from the District. All payments shall be subject to the Texas Prompt Payment Act. Should there arise any dispute, disputed amounts shall be deposited in a mutually agreed upon escrow account until a resolution. District employees shall not be considered as County employees. The County and the District understand and agree to be subject to all the laws, ordinances and regulations which govern and affect Emergency Communications Dispatching and National Crime Information Computer network telecommunications as promulgated by the State of Texas or the United States Government or any of its appropriate Agencies, such as the Texas Department of Pubh2"Safety or the Federal Bureau of Investigation. This agreement is made in accordance with the Texas Emergency Telephone Number Act, Section 772.301 et seq., Texas Health and Safety Code. Each of the parties to this agreement agrees to hold the other harmless for any and all claims of whatsoever nature or kind which may arise as a result of that party's fulfillment of this agreement. Each party hereby empowers and authorizes its Chief Administrative Officer to be signatory agents for any required documentation to implement the intent of this Agreement. This agreement contains all of the commitments and covenants of the parties and any oral or written promises not contained herein shall have no force or effect to alter an y term or condition of this agreement. This agreement may only be modified or amended in writing by the mutual consent of the parties with said modification being attached to and incorporated into this agreement by this reference for all purposes. -2- VCX- Al PAGE I i r i t 5 . J Y i SIGNED this 23rd day of August, 1995 A.D. BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT 9-1.1 BY: L R. J. Eck" Holmgreed Chairman, Board of Managers ATTEST: BY: B Secre o the BRAZOSS COUNTY, TEXAS BY: C.{~.._. A Al Jones County Judge ATTEST: BY: W Mary An War County Clerk • -3- VOI -I PAa~, -3 i f c f V' f• h FJ r . . -...1-_. . I t Dan Morales ATMRNEY GENERAL July 18, 1995 ~ir <:t~ r t :tom r:,'i.•' I t °•~!i Office of the Attolrne GeDIii,.'.11 ; , ; a State of Texas Child Support Division = Y-• Post Office Box 12017 Austin, Texas 78711-2017 Voice: (512)463-2181 Fax: (512)478-6053 The Honorable Alvin W. Jones Brazos County Judge P. O. Box 2208 Bryan, Texas 77806 RE: County Court Cost Intedocal Agreements Dear Judge Jones: Enclosed please find three originals of the above referenced agreement. The agreement has been slightly modified to incorporate any applicable Legislative changes to the Family Code and does not affect the funding or reimbursement process of this contract in any way. If you should have any questions or would wish to discuss this agreement for any reason, please contact me at (512) 463-2181, ext. 5525 or my assistant, C. J. Kofman at (512) 463-2181, ext. 2605 and we will be pleased to help in any way possible.. As you will notice, the agreement will become effective 9/1/95 and runs through 8/31/97. I would greatly appreciate your immediate attention to this matter, if at all possible. Please sign all three originals and return them to me in the self addressed stamped envelope I have provided for your convenience. Upon completion of all necessary signatures, I will return an original to you for your files. I will also send a courtesy copy to the District Clerk's Office in your county. r 1 i ,I Sincerely, Vann Pressley Interagency Coordination Section Chief cc: Don McPhee OL,,4 ` Ifl PAGE. &J, ~ • ~ y ~s v i 1 . 1 6 COOPERATIVE AGREEMENT FOR TITLE IV-D PROGRAM e` BETWEEN i• THE OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF TEXAS u AND PC BRAZOS COUNTY, TEXAS 1 STATE OF TEXAS § § COUNTY OF BRAZOS § SECTION I. PARTIES This agreement is made and entered into by and between the office of the Attorney General of the State of Texas, hereinafter referred to as "Attorney General", and the County of Brazos, Texas, hereinafter referred to as "County". The parties hereto have severally and collectively agreed, and by the execution hereof, are bound to the mutual obligations and to the performances and accomplishments of the tasks hereinafter descrited. SECTION II. AGREEMENT CONTINGENCY • The agreement in its entirety is contingent upon receipt by Attorney General of written approval of the agreement from the United States Department of Health and Human Services, hereinafter referred to as "HHS". SECTION III. AGREEMENT PERIOD This agreement shall commence September 1, 1995, and shall terminate August 31, 1997, unless terminated at an earlier date pursuant to the provisions of Section XII of this agreement. SECTION IV. AUTHORITY AND REPRESENTATIONS _ Attorney General, as the State agency designated under Title 5 of the Texas Family Code as codified by the 74th Texas Legislature, to administer a statewide plan for child support enforcement in compliance with Title IV, Part D, of the federal Social Security Act of 1935, as amended, hereinafter referred to as "Title IV-D", and the regulations promulgated thereunder, seeks to obtain the performances contemplated of County by this agreement as a means of meeting certain requirements of federal and state law pertaining to the administration of such child support enforcement program. County may be required by state law to provide services and performances in a suit affecting the parent-child relationship (SAPCR) under Title 5 of the Texas Family Code as codified by the 74th Texas Legislature,' including a suit to establish paternity, a suit to establish a child support obligation, a motion to enforce or modify a decree, a notice of child support • delinquency, or in a suit under Chapter 159 of the Texas Family Code as--codified. by-the __74th. Texas -Legislature,-anti -maybe-= a-e i a> > y-,-,.,--.--- , 4 f 4•v mn»s VO PA®E l reimbursed for such services as provided in Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature. SECTION V. PERFORMANCE STANDARDS The performances called for in this agreement shall be rendered strictly in accordance with the applicable provisions of Title IV-D and the rules and regulations of HHS. Such provisions include, but are not limited to, Parts 301 through 307 of Title 45 of the Code of Federal Regulations and other applicable federal regulations relating to the child support program. In accordance with 45 C.F.R. 303.107, standards of performance must meet federal requirements, and are those specified by this agreement and in Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature, which enumerate the performances County is to provide in return for the payment of fees by Attorney General to the extent specified by Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature and federal law. Financial arrangements include budget estimates, which have been made on a statewide basis for agreements of this type by the Attorney General; covered expenditures, which are specified by Subsection D of Section VII and other provisions of this agreement, together with the forms and instructions provided by Attorney General. The beginning and the termination provisions are set forth herein. Payments to County under this agreement must be in accordance with rates of payment which' do not exceed the amounts reasonable and necessary to assure the quality of such services and the charges reasonably assignable to such services. The charges or amounts set forth in Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature, represent less than, or no more than, the actual costs expended by the County in performing services for which the Attorney General is liable under this agreement. In no event shall County charges exceed actual costs of performances required pursuant to Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature and this agreement. SECTION VI. COUNTY PERFORMANCE A. GENERAL County shall carry out certain duties provided by state law regarding the- filing, issuance, and service of process in actions filed in conducting a statewide program of child support enforcement pursuant to Title IV-D. B. ENUMERATED FUNCTIONS County shall provide such performances as may be necessary and appropriate to fulfill its obligations pursuant to Subsection A of this Section VI including, but not limited to, the following enumerated functions: 1. filing and processing actions in suits affecting the parent-child relationship (SAPCR) under Title 5, Texas Family Code as codified by the 74th Texas Legislature, Page 2 of 12 VO PAGE -3d&E • including a suit to establish paternity or support, a motion to enforce or modify a decree, a notice of child support delinquency, and in a suit under Chapter'159 of the Texas Family Code as codified by the 74th Texas Legislature; and 2. the issuance and service of process, including service of process in actions pursuant to Chapter 232 of the Texas Family Code as codified by the 74th Texas Legislature; and 3. the issuance and delivery of writs, orders, and subpoenas as specified in Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature; and 4. filing and processing transfer. cases under Sections 110.005 and 110.002 of the Texas Family Code as codified by the 74th Texas Legislature; 5. the issuance and delivery of orders and writs of income withholding as provided by Section 158 of the Texas Family Code as codified by the 74th Texas Legislature; and SECTION VII. ATTORNEY GENERAL OBLIGATIONS (FINANCIAL) A. MEASURE OF LIABILITY is r~ In consideration of full, satisfactory and timely performance hereunder, Attorney General shall be liable to County as specified by this Subsection A, subject to the limitations set forth in Subsection C of this Section VII, and further subject to the reduction of liability for credits pursuant to Subsection B of this Section VII of this agreement. 1. Attorney General shall be liable to County in an amount equal to the State-to-County reimbursement rate in effect at the time the performance for which reimbursement is sought is actually carried out by the county. The term, "State-to- County reimbursement rate", shall mean that fractional proportion of allowablen county expense items which will be reimbursed by the State. This rate shall at all times equal the fractional proportion of allowable child support enforcement program charges for which the federal pffice of Child Support Enforcement makes payment to the State as federal financial participation (FFP) under Title IV, Part D of the Social Security Act, multiplied by the total permissible amount of charges as specified by Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature, for services or performances provided by County, such charges representing no more than the actual costs incurred by County in performing Title IV-D services • payable under Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature. For the purposes of reference only, the applicable State-to-County reimbursement rate at the effective date of this agreement is sixty-six Page 3 of 12 VOL Z - PAGE .1112+ r i .r t' I i i. i percent (661r). See Section 231.201(1) of the Texas Family Code as codified by the 74th Texas Legislature. 2. Contingent upon the existence of an express, specific appropriation made to Attorney General exclusively for the purpose of paying the state share of fees and costs specified by Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature, Attorney General shall be liable to County in the amount of the state share of the fees and costs specified by Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature. The term, "state share", shall mean that portion of allowable expenses for fees and other costs that remain after receipt of the federal share of reimbursement and that is to be reimbursed by the state or may be contributed by certified public expenditure by the county. See Section 231.201(2) of the Texas Family Code as codified by the 74th Texas Legislature. (It is noted that this Paragraph 2 will not operate to create additional liability on the part of the Attorney General until appropriations in addition to those in effect on the beginning date of this agreement have been made.) B. CREDITS `1. If the County recovers direct payments from obligors specifically for. services or performances rendered in a Title IV-D child support case, and for which Attorney General is liable and has made payment hereunder, then County shall credit such amounts to Attorney General on the billing to the Attorney General for the month during which such recovery is made. All such credits shall be described and documented as Attorney General may reasonably require, and County shall reduce the total permissible charges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of Subsection A of this Section VII by the amount of such credits. 2. In the event that the total of such credits exceeds the total permissible charges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of Subsection A of this Section VII, Attorney General may offset the amount of such excess credits for which Attorney General has made, or is in the process of making, payment pursuant to Subsection D of this Section VII against future claims submitted by County within the same fiscal year. In this paragraph, the term "fiscal year" refers to the State fiscal year, which begins on September 1st and ends on August 31st of each year. 3. County Paragraph 1 charges or hereunder. 4 ti is not required to credit sums pursuant to of this Subsection B recovered from obligors for fees for which Attorney General is not liable Page 4 of 12 VO PA M 2~ r I. • r' V 01 11 C. LIMITATIONS ON LIABILITY 1. It is expressly understood and agreed by the parties hereto that any and all of Attorney General's obligations hereunder are contingent upon the existence of a State Plan for child support enforcement approved by the federal Office of Child Support Enforcement providing for the statewide program of child support enforcement and upon a valid state appropriation statute. In the event that such a State Plan should lapse or otherwise terminate, Attorney General shall notify County within ten (10) calendar days of such fact in writing and Attorney General shall not be liable hereunder subsequent to County's receipt of such written notification, except that Attorney General shall be liable to County for any expenses incurred pursuant to this agreement for which Attorney General receives money from the federal Office of Child Support Enforcement. 2. Attorney General shall be liable pursuant to Subsection A of this Section VII only for charges and fees becoming due after commencement of this agreement and before termination bf this agreement. 3. Attorney General shall not be liable for any charges pursuant to Subsection A of this Section VII incurred by County of a type not described by, or in excess of, the amounts specified by Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature. 4. Attorney General shall not be required to pay any charges incurred for performances rendered unless such charges are incurred and such performances are rendered strictly in accordance with the terms of this agreement. County must certify that payments for performances do not exceed the reasonable and necessary expenditures assignable to such performances. 5. Attorney General may decline, at its sole discretion, to accept liability for any County charges pursuant to Subsection A of this Section VII for any amount billed to Attorney General more than ninety (90) calendar days following the end of the calendar month in which Attorney General became obligated for such charges. 6. The Attorney General is liable to County pursuant to Paragraph 1 of Subsection A of this Section VII for payment of the federal share of reimbursement for fees and costs under Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature, only to the extent that the federal share is received by Attorney General, and if the federal share is received by Attorney General, and that amount is later disallowed by the federal government or the federal share is not otherwise received, the clerk of the Page 5 of 12 r, i i i r I i, L I tia • s' ~I f.l Y i~ I tt, 1 i 4 E i C i D. i i ;I court, sheriff, constable, or any other County official to whom the payment was made shall return the amount to Attorney General not later than the thirtieth (30th) day after the date on which notice to do so is given by Attorney General. 7. Attorney General shall be liable only for those costs which are allowable according to the provisions of the federal office of Management and Budget (OMB) Circular A-87, "Cost Principles for State and Local Governments," and OMBV Circular A-102, "Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments," both of which are published by the Executive office of the President of the United States of America. METHOD OF PAYMENT 1. Except as further provided by this Section VII, for each calendar month during the period of performance of this agreement, County shall bill or credit Attorney General for those liabilities or credits of Attorney General which have accrued pursuant to this Section VII that were not previously billed by County. County shall bill Attorney General in the manner and on the forms specified by Attorney General and shall provide such information and documentation as Attorney General may reasonably require. The billing otherwise required by this Paragraph 1 of Subsection D of this Section VII shall not be required for those calendar months during which no liabilities or credits as provided by this Section VII are applicable. 2. County shall keep records as provided by this Section VII and Section VIII of this agreement in substantiation of such billings. 3. Attorney General agrees that billings received within fifteen (15) business days after the end of the calendar month for which such billings are made shall be reviewed and either: a) - returned to County for correction or, further information within fifteen (15) business days of receipt of such billings; or b) processed and submitted to Comptroller for payment in accordance with state procedures for issuing state payments. 4. County shall submit to Attorney General, monthly vouchers with the accompanying processing forms attached. County shall furnish any other reports or information required by Attorney General or the federal government. Page of vo t E i k k f 611 • 5. A District Clerk, Sheriff, Constable, and/or any other designated office holder may submit monthly vouchers on behalf of County. 6. Notwithstanding any other provision of this agreement, it is expressly understood and agreed by the parties hereto that Attorney General may, at its sole option and in its sole discretion, offset any amounts owing but unpaid by County to Attorney General arising from this or any other obligation between Attorney General and County. E. EXCESS PAYMENTS • County shall refund within thirty (30) calendar days to Attorney General, any sum of money that has been paid to County that Attorney General determines has resulted in an overpayment to County due to federal disallowance or failure of Attorney General to receive the federal share. County shall be solely responsible and liable for settlement of all audit exceptions which may be taken by HHS or by Attorney General. In the event that Attorney General makes a settlement with HHS of audit exceptions for which County is liable or if County's expenses are not allowable underlthis agreement or federal regulations, County will pay to Attorney General the amounts so determined, provided that Attorney General shall give County timely notice of such exceptions. Attorney General may deduct amounts payable by County to Attorney General pursuant to this Paragraph E of this Section VII from amounts payable by Attorney General pursuant to Subsection A of this Section VII of this agreement. SECTION VIII. RECORD RETENTION County shall maintain and retain for a period of three (3) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters that arise before the expiration of the three (3) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to disclose fully the extent of services provided under this agreement, including, but not limited to, records that will show the basis of the allowable charges and payments made. The provisions of this Section VIII shall be incorporated into any subcontract executed by County. SECTION XIX. INSPECTION, MONITORING, AND AUDITING OF RECORDS Attorney General may monitor and conduct fiscal and/or program audits at reasonable times and may provide consultative and technical assistance for the continuous development of the services contemplated by this agreement. County shall grant access at reasonable times, without prior notice, as is contemplated by law, to all books and records pertinent to this agreement to representatives of HHS, the Comptroller General of the United States, and/or the Attorney General, for the purposes of inspecting, monitoring, evaluating, auditing, or copying such books and records. Any report(s) or other informational,,, Page 7 of 12 ~n PI~QE, a~ v/ r I i i I l ' i l • material generated by any County audit, independent or otherwise, relating to or connected with funds expended relative to this agreement, shall be furnished to Attorney, General within ninety (90) t calendar days of its availability. SECTION X. FUNDS SECURITY County shall insure that every person who, as a part of his or her employment, receives, disburses, handles or has access to funds collected pursuant to this agreement is covered by a bond against loss resulting from employee dishonesty. County further agrees to maintain methods of administration designed to assure that persons responsible for handling case receipts and checks in payment for the fees for services for which Attorney General may be charged pursuant to this agreement do not participate in accounting or operating functions that would permit them to conceal in the accounting records, the misuse of those payments. Such methods of administration shall follow generally accepted accounting principles. SECTION XI. COMPLIANCE WITH LAW County and Attorney General expressly agree they shall comply with federal and state laws and will comply with obligations imposed by rules, regulations and law in carrying out the program of child support enforcement pursuant to Section 231.202 of the Texas Family Code as codified by the 74th Texas Legislature, the TEX. GOV. CODE ANN. (Vernon 1988), and of Title IV-D. i C i r SECTION XII. TERMINATION, CHANGES AND AMENDMENTS A. DISCRETIONARY TERMINATION Either of the parties to this agreement shall have the right, in such party's sole discretion and at its sole option, to terminate this agreement by notifying the other party hereto in p writing of such termination at feast five (5) calendar days prior' to the effective date of such termination. Such notice of termination shall state the effective date of such termination. _ a 8. REJECTION CHANGE r Upon written notification by County to Attorney General of County's rejection of a change pursuant to this Section XII, this agreement shall terminate without further action by either party, such termination to be effective as of the date County sends its written rejection. C. CHANGES IN LAW ' Any alternations, additions or deletions to the terms of this agreement which are required by changes in state or federal law are automatically incorporated into this agreement without Page 8 of 12 V0 PAGE - - - ' u..~ '-a..+!os;.,si.eet••^.~i_t•...,.('-r`-' ' - -t .Y .ham,-~... - - - - 't•I ~I F • J ti written amendment hereto, and shall be effective on the date designated by such state or federal law or other requirement, unless this agreement has been terminated prior to such date. • • D. CHANGES BY ATTORNEY GENERAL It is understood and agreed by the parties hereto that this agreement must at all times be in compliance with state and federal law, and regulations and procedures set forth by Attorney General, and that changes, interpretations and clarifications of such state and federal law and Attorney General's regulations and procedures and other requirements made by HHS during the agreement period will have the effect of qualifying the terms of this agreement. Based on these considerations, and in order to ensure the legal and effective performance of this agreement by both parties, it is agreed by the parties hereto that this agreement may be amended in the manner provided herein. Attorney General shall have the right to propose to County amendments hereto that relate to such compliance and performance. Attorney General shall furnish County written notice of all amendments proposed pursuant to this Subsection D of this Section XII of this agreement. Upon such notice by Attorney General to County, an amendment proposed pursuant to this Subsection D shall be deemed accepted and effective immediately upon receipt by County, unless County notifies Attorney General in writing within five (5) calendar days of such receipt of its rejection of the proposed amendment, in which case this agreement will terminate in accordance with the provisions of Subsection B of this Section XII of this agreement. E. CONVENTIONAL AMENDMENT Except as specifically provided otherwise by this Section XII, any alternations, additions or deletions to the terms of this agreement shall be by amendment hereto in writing and executed by both parties to this agreement. SECTION XIII. EQUAL OPPORTUNITY County agrees that no person shall on the ground of race, color, religion, sex, national origin, age, handicap, political affiliation or belief be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of, or in connection with, any program or activity funded in whole or in part with funds made available under this agreement. County shall comply with the nondiscrimination clause contained in Executive Order 11246, as amended by Executive Order 11375, as supplemented in 41 C.F.R. Part 60. County shall comply with regulations issued by the United States Secretary of Labor in Title 20 C. F. R. Part 741, pursuant to the provisions of Executive Order 11758 and the Federal Rehabilitation Act of 1973. County shall ensure that all subcontractors comply with the above-referenced provisions for all subcontracts in excess of ten thousand dollars ($10,000.00). Page 9 of 12 L--jK. PAG F. ' r r to Y ~Y I I I r~ f i~ t i f~ 4i4 i• i G t SECTION XIV. DRUG-FREE WORKPLACE ACT OF 1988 :J County shall comply with the provisions of the Drug-Free Work Place Act, 102 Stat. 4304, and the regulations of the United States Department of Health and Human Services at 45 C.F.R. Part 76, subpart F. SECTION'XV. ENERGY CONSERVATION County, as required, shall abide by the mandatory standards and policies' relating to energy efficiency, that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act, Public Law 94-165. SECTION XVI. IMMIGRATION REFORM AND CONTROL ACT OF 1986 County shall comply with the provisions of the Immigration Reform and Control Act of 1986, 100 Stat. 3359, by verifying the identity and authorization to work in the United States of its employees at any t time during the term of this agreement. County shall maintain all ! records relating to the verifications required by this Section XVI of this agreement and, in- accordance with the provisions of this { agreement, shall requ'tre like compliance from any and all subcontractors. { i SECTION XVII. ENVIRONMENTAL PROTECTION County shall be in compliance with all applicable standards, orders, or requirements issued pursuant to the mandates of Section 306 of the Clean Air Act (42 U.S.C. Section 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. Section 1368), Executive Order 11738, and j the regulations of the Environmental Protection Agency (EPA) (40 C.F.R. Part 15) that prohibit the use of facilities included on the "List of Violating Facilities" maintained by the EPA by certain recipients of grants or other monies provided in whole or in part by the United States Department of Health and Human Services, or its successor agency(ies). SECTION XVIII. CERTAIN DISCLOSURES CONCERNING LOBBYING j County shall-comply with the provisions of a federal law know ! generally as the Lobbying Disclosure Act of 1989, 103 Stat. 703, and the regulations of HHS promulgated pursuant to said law, aLnd shall make all disclosures and certifications as required by law. SECTION XIX. AMERICANS WITH DISABILITIES ACT OF 1990 No individual with a disability, as that term is defined in the Americans With Disabilities Act of 1990, Public Law 101-336, shall by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities, or to be subject to discrimination by County in the performance of any of the obligations imposed by this agreement. Page 10 of 12 Vol P A G F. .1,4. ..1 t E f tt F i F 6 I • .i J - SECTION XX. NOTICE A. GENERAL 01 Any notice required or permitted to be given under this agreement by one party to the other party shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth in Subsection B of this Section XX of the party to whom the notice is given, or on the date of certified receipt following mailing if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt required, addressed to the party at the address hereinafter specified. B. ATTORNEY GENERAL ADDRESS 1. All monthly vouchers with IV-D Child Support Court Costs Processing Forms attached, or other forms approved by Attorney General, shall be mailed to the Office of the Attorney General, Child Support Division, County Cooperative Agreements Section, P. 0. Box 12017, Austin, Texas 78711- 2017, Attn.: Cftild Support Court Costs. •2. Notice for early termination or for any purpose not specifically provided herein shall be mailed to the Office of the Attorney General, Child Support Division, Interagency Coordination Section, P. 0. Box 12017, Austin, Texas 78711- 2017, Attn.: County Costs Agreement. C. COUNTY ADDRESS The address of the County for all purposes under this agreement for all notices hereunder shall be: Tx~ais-E•~-Ne~sor~ Marc Hamlin Orazos County District Clerk P. O. Box 2208 Bryan, Texas 77806 D. ADDRESS CHANGES Either party may change the address to which notice is mailed hereunder by providing written notice of such change to the other party. The change of address shall become effective for purposes of this Section XX under receipt of such notice by such other party. SECTION XXI. ENTIRE AND ONLY AGREEMENT I1~, This agreement, consisting of twelve (12) pages, constitutes the F entire agreement between Attorney General and County, and all oral and written agreements between the parties hereto relating to the subject, " matter-of this- agreement that were made -prior- to"-the -execut4-or:-of--this-- Y VO Page UGILi fk i agreement have been reduced to writing and are contained in this agreement. SECTION XXII. VENUE This agreement shall be governed by and construed in accordance with the laws of the State of Texas. The venue of any suit brought for any breach of this agreement is fixed in any court of competent jurisdiction in Travis County, Texas, and all payments shall be due and payable in Travis County. WITNESS OUR HANDS EFFECTIVE THE FIRST DAY OF SEPTEMBER, 1995. THE HONORABLE DAN MORALES ATTORNEY GENERAL OF THE STATE OF TEXAS by: CHARLES G. CHILDRESS DIRECTOR CHILD SUPPORT DIVISION BRAZOS COUNTY STATE OF TEXAS by: THE 0 B E IN W. JONES COUNTY JUDGE r' Page 12 of 12 Vol PAG 6 a v r ~ r ~ GARY NORTON RANDY SIMS Prndnd 1 Pnednd 3 381-4106 Brazos County Commissioners' Court 361-4105 j SANDIE WALKER AL JONES CAREY CAULEY Precinct 2 Prnclnet 4 361-4115 102 381-4 381-4111 August 31, 1995 Mr. Vann Pressley Interagency Coordination Section Chief • Child Support Division Office of the Attorney General P. O. Box 12017 Austin, Texas 78711-2017 Dear Mr. Pressley: Enclosed are the two fully executed copies of the County Court Cost Interlocal Agreements which were approved by the Commissioners Court of Brazos County on August 28, 1995. Please note on page 1 l that we have corrected the name of our District Clerk to be "Marc , Hamlin." . ~ r Sincerely, Alvin W. Jones County Judge Enclosures L' .s a. • 1 .t ~ tl ~ i 4 4 1. ' , Brazos Count' Courthouse •300 Fast 26th SR • Suns 118 Bryan Taxas 77803-6327 Fax: (109)823-6M 24 l!S4C- Agoncy / argnnizat on Date '-I Ivo, 4 OW-PAak,-&~.- ~ j . /'ma'r..------- - - - - - - -.~V oI + S W a r a~ t USA DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES CHAD SUPPORT ENFORCE MERr PROGRAM PURSUANT' Ta TITLE PROORAM:_ W--D OF M SOCIAL SECURITY ACT OF 1935 AS ADMINIST BY THE OFFICE OF Tf~ ATI~ORNEY GENERAL OF TEXAS PERIOD: _,Sgper ll. 1995 to August 31, 1996 [!a=ificatien for Cent ants _ -Grants. Znana ~3.,~ and cooperative Aarsewl.nts The- undersigned certifies, to the bast of his or her knowledge and belief, that! (1) No Federal appropriated funds have boon paid or will be paid by or on behalf of the undersigned, to any parson for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or omployoo of Congress, or an employee oC a Member of CoNgroas in connection with. the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extens'lon, continuation, renewal, amendment, or modification of any Federal. contract, grant, loan, or cooperative agreement. (Z) If any funds other than Federal appropriated funds have been paid or will be paid to any parson for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperativra agreement, the undersigned 'shall complete and submit Standard Fbrm LLL,' "Disclosure Form to Report Lobbying," in actordanco. w:,th it.m instructions. (3) The undersigned shall require that the language of this certificatian be included in the award documents for all subawards at all tiers (including subcontracts, subgrante, and contracts under grants, loans, and ccoperative agreements) and that all subreeipiQnts shall certify and discloon accordingly. This certir ication is a material representation of fact upon which reliance wan placed when this transaction was made at entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,, Title 31, U.S. Code. Any person who fails to file the required certification shall be, subiact to &.civil penalty of not lose than $10,000 and not morn than 6100,DOO for each such failure. -62rA a ✓usiL Signs a Title 1 • , o-%1T H ~G~3 •4O~CJ G1G • ~OGJC~3 Q.OO C30~? o DEPARTMENT OF HEALTH AND HUMAN SERVICES Y ADMINISTRATION FOR CHILDREN AND FAMILIES W C4iIID SUPPORT FNFO PROGRAM FUR.SLUM TO TITLE r ,a PROGRAM: _N D OF THE SOCIAL SECURITY ACT OF-1935 AS AEK24ISTEMM r BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS ' Ush ' PERIOD: _pnber 1 1995 to A t 31 1996 _C,°.rtj fjcat~ am ror Contracts Grants. Leans and Cooperative Agreements The undersigned certifies, to the boat of hie or her knowledge and belief, t.hats • (1) No Federal appropriated funds have boon paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Xember of Congress, an officer or employee of Congress, or an employee od a Member of CtAgrass in connection with, the awarding of any Faderal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extenalon, continuation, renewal, amendment, or modification of any Federal dontract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any parson for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of *Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned 'shall complete and submit Standard Fcrli LLL, "Disclosure Form to Report Lobbying," in Actordanca,w}th ita instructions. (3) The undarcig-nad shall require that the language of this certif icatLo>n be included in the award documents for all subawarde at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cdoperative agreements) and that all subneeipients shall certify and disclose accordingly. • This certiM ication is a material representation of fact upon which reliance wars placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering ihto this transaction impoced by Section 1352,. Title 31, U.B. Code. Any person who fails to file the required certification chs11 be. cub,nct to &.civil penalty of not less than $10,000 and not more than gibo,ooo for each such failure. &---Ann A Signs a Title / Crgani to to V01 G PAGE -Iff ! r I r f L4 r r r F. j BRASOS COUNTY, BUDGET AMENDMENT(S) FOR THE 1994-1995 BUDGET YEAR NO. 94/95-28 On this the 29th day of August 1995 at a special meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Gary Norton, Commissioner, Precinct 1; Sandie Walker, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on August 29, 1995, the Court heard and approved a budget amendment for the 1994-1995 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 8, 1994 the following amendment(s) to the original are hereby authorized, as described on the attached 1 page(s). ADOPTED AND APPROVED this the 29th day of August 1995 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: rjA Alvin W. Jones, County Judge %Z- CX Original: County Clerk's office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File Vot. 4 PAGE.1,T.1- M J R i 1 ~ i 1 r a 61 01 •I BRAZOS COUNTY, TEXAS BUDGE' AMENDMENTS No. 94/95 - 28 ■ s: .r P. y f r+ BALANCING TOTAL 600.00 600.00 FUND DEPT ACCT PROJ DESCRIPTION DR CR 01 230001 606000 Office Supplies 600.00 01 230001 619000 Visiting Court Reporters 600.00 County Court #1-To reallocate budget to compensate for overage. Y ~;^'r^r7~;mwmv.;,•wr;`~;r,rv,~xr•a:%r-,;; ~r,.M,j~^;~;; ~'^;~",;M• 7"Z'~ cM^~F~'"`b~~ xrr•~srv:~x^x•~Y .;am, r. VOL oe PAOF, r j i f ~J Y+' a• l , r G Y'11 s- .1.S g~zq-95' BRAZOS,COUNTY, TEXAS BUDGET AMENDMENTS NO. 94/95 - 28 sere ;tired By, f±~ CiN , f FAp roVed 11, ,,aiao6.:JA+Q{rcCGu:aui {<6plv}`..ka' .i FD DIV ACCT PROJ ACCOUNT NAME Dr Cr 01 310001 710400 ] Contract Placement 150,000.00 Juvenile Services Admin.- To Cover estimated overage of juvenile placement to the period ending September 31, 1995. 01 110020 734200 Economic Devel.Corp. 16,666.00 01 110020 734200 EDC (Sanderson Farms, Inc.) 50,000.00 01 110020 734200 EDC (Conoco, Inc.) 50,000.00 Community Support Div.- To amend EDC per approved Contracts dated July 31, 1995. 01 190001 808900 Vehicles 7,313.00 District Attorney Admin.- To amend Capital Outlay for the purchase of vehicle as approved August 21, 1995 in Commissioners Court. 01 110015 611300 • Contingency 273,979.00 Contingency Division- To fund additional expenditures as approved by Commissioners Court. BALANCING TOTAL 273,979.00 273,979.00 I V • 4 i S C f 401 BRAZOS,COUNTY, TEXAS BUDGET AMENDMENTS TO BE MADE NO. 94195 - 28 FD DIV ACCT PROJ ACCOUNT NAME Dr Cr 01 110030 732650 Bryan Fire Protection 10,300.00 01 0 410040 Contracted Jail Services 10,300.00 _ T I - _ County Fire Protection- To increase expenditures for estimated overage I for FYE 9/30/95 and to increase revenue for additional receipts. h BALANCING TOTAL 10,300.001 10,300.00 ` 9""'anl!//n"iY5''7"'~,~..... ih,;•;;m' ?%"'y'i"" " y;%f"y y i rrfo'?x . . Y" -i re aced` B : s, . , w t kAPPrmved Sy 3 , 11, ~t / ' <f'~i.`•t`~'`/ :n,<`~4 " " £r~`'Q~ K~~rti/ p-,...cl ~c..w:.~.:ivr 1r S~ vo PA® .1 4 r BRAZOS COUNTY, TEXAS Bryan Fire Protection Division 110030 Budget - Bryan Fire Protection-acct.#732650 $ 20,000.00 Total YTD Expenditures as of August 24, 1995 21,205.64 Total Budget Shortage as of August 24, 1995 $ 1,205.64 Funds Encumbered - July - 6q#1100-075 $ 3,995.00 Estimated to Sept.30, 1995 5,099.36 $ 9,094.36 Total estimated budget needed to complete FYE 95 $ 10,300.00 i- i t Vol, PAGE, I 01 .1 i BRAZOS COUNTY, TEXAS 1! BUDGET AMENDMENTS TO BE MADE NO. 94195 - 28-A FD DIV ACCT PROJ ACCOUNT NAME Dr Cr 01 110015 611300 Contingency 89,690.00 01 310001 727500 TJPC Challenge Grt Place. 89,690.00 Juvenile Services Admin.- To adjust Juvenile Services Challenge Program match to the level of requirement. t ~ ' y r 4 1 . i~ 1 x , .i ' r P: 1 J. BALANCING TOTAL 89,690.00 89,690.00 ~ y . ~ ;r'„~;r;'~'~+rrg,^w Agae~o~,•ed t- . ,J VOL- t i t i t t r' f t i' 1 I 1 1 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 2040 REGULAR XX SPECIAL DATE OF COURT MEETING: 08/28/95 ITEM: Reguest from GTE to glace a parallel installation in the right-of-way of Andert Road beginning aggroximately 300' south of SH 21 and extending for a distance of 1,743'. Site is located in Precinct 3. SOURCE OF FUNDS: N/A 1. PRESENTATION: A) No work will be permitted between from slope and/or back slope. B) The line shall be installed within 3-5' of and parallel to the dghtof-way line. C) If clearing of brush, trees and other obstruction Is necessary, it shall be the Applicant's responsibility to do so and to remove all cleaned brush, trees etc. from County right-of-way. D) Construction shall be In strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. II.. ACTION REQUESTED OR ALTERNATIVES: S BMITTED BY: Richard F. Vance, P.E. County Engineer CC95-130 APPR D Commissi9 er Randy Sims Precinct ,3 Approved in Commissioners' Court Date: 8 z Alvin W. Jones, ounty Judge L , i t~ VOL--AK.PAOR i r--]I L ® C Telephone Operations Central Area Engineering Department 301 Industrial Blvd Bryan, Texas 77803 August 21, 1995 Reply To Bryan, TX Richard Vance Brazos County Engineering Office County Engineer 401 0 r~ r t i 4 2617 W. Hwy 21 , Bryan, Texas 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE 5435 3P001DB Enclosed are Form ED-135 and work location sketch showing the location of our proposed buried cable line on County roads in Brazos County at Kurten, Texas. This work is to be completed on Work Order 3P001DB which is scheduled for August 21, 1995. If you have any questions concerning this work, please contact Charles Allen at our office in Bryan, telephone 409-821-4761 within 15 days so that we may,explain or modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, Alan Colley Senior Engineer - OSP AC:cp Attachment le. A-5 ,t107 & D oa - Z z - 9s GTE Serme Corporation/A part of GTE Corporation d0 r,~ L E L r ~I GENERAL TELEPHONE NOTICE OF COMMUNICATION COMPANY LINE INSTALLATION August 21, 1995 TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY ATTENTION COUNTY JUDGE: l t i F i f { Formal notice is hereby given that GTE will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: On Andert Road approximately,300' south of the State Hwy 21, a buried cable will be placed 5' in the east ROW. The cable will extend south for a distance of 1743'. The location and description of this line and associated appurtenances is more fully shown by two copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by GTE does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so con- strued shall be null and void. Construction of this line will begin in August, 1995. GENERAL TELEPHONE COMPANY 5435 3P001DB Alan Colley, Senior Engineer - OSP 301 Industrial Blvd Bryan, Texas 77803 V® ( a.._..'s.,,Lw.- - ,.SL; (sd`. _ _ a+'+%t~Li i r/•J .,S : for •i:a. .7. r t 1. ~ . ; i, THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL 01' t 2 / } w o- r ~ r WO R K LOCATION r FAIRVIEW N T7~~~':, ~nB• COMMUNITY i ,gyp ~ ~y • ~ J 'Alit p \ u" tau a X1, EA4rE11W000 " o. i l~ ♦ Vow.. PAa ~ Uf J .a r ~ . ..~....J ~..~.~.....~..v..~ .(?a...~....tu._.. .u .~J1.e - .ac.....1.- ..~..✓o.J..+.. aa__w.. ~1.w..... .a__ar..K KURTEN_ 5435 W 0 3POO1DB THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL I/ • i .,y.,,~,~7h'.'°;'7"~.,+i4^n'aV•.'..V.'w'R'±•a'+•~RwTcw,Pytrreyn.T`~. nr..w •.a.,~. . . 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PLACE NEW CABLE 5' IN ROW. PLOW THUR GRYL ORWYS. PLACE BORE AS SHOWN ON PRINT. (,T TEXAS/NEW MEXICO STATE TIC CONTACT WIXON WATER CORP AT 589-301-0 FOR LOCATION OF DIVISIDM: SOUTH EAST EXCKr 5435 REK CDs 000 THEIR WATERLINES W.Ca589e WO W-33P0dID0 CONTROL NUMBERt WORK SAFELY TITLErPROV SVC TO R.NARRIS' TAX DST., 45001 _ 1WP: R1k*j. SECa. SA Ls 3-CX SPLICER'S NOTES DATE: 081821" REV. DATE: SCALE:Itilow *INDICATES RIPPLES ASSOCIATED ONLY TO ORWM EMC APRVD PRINr ' THIS WORK ORDER FILEsWP3 tWA CWA OF Mumma