HomeMy WebLinkAbout1995-11-07-0900AM-Regularr
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BRAZOS COUNTY
BRYAN. TEXAS
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IRAZosc,
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AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT MEETING
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
NOVEMBER 7,1995 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Commissioner Sims.
2. Pledge of Allegiance - Commissioner Sims.
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 - 23:
4. Personnel Change of Status.
5. Payment of claims.
6. Budget Amendment 94/95-38.
7. Budget Amendment 95/96-02.
8. Proclamation to welcome Rev. John F. Foster, Sr. to Brazos County.
9. Request for out-of-state travel for Ms. Carolyn Nobles, Brazos County Agricultural
Extension Service.
10. Contract between Brazos County and Brazos County Rape Crisis Center, Inc.
11. Setting time and date for public hearing concerning the posting of speed limits on North
Dowling Road and on South Dowling Road in Precinct 1.
12. Out-of-state travel by a Deputy Sheriff to Glynco, Georgia for specialized training.
13. Lease agreement for office space for Constable, Precinct 7.
14. Lease agreement on 22.7 acres in the Richardson Perry survey located in Precinct 3.
15. Authorize purchase of property for collection site in Precinct 4 and authorize preparation
of earnest money contract.
16. Request from GTE to place a parallel cable outside the designated utility easement on
Trotter Lane/Estates at River Run subdivision. Site is located in Precinct 1.
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Commissioners Court Meeting Agenda,;November 7, 1995
Page Two
17. The Replat of a portion of Lots 10, 11, 12,13 and 14, Village of Minter Springs, Samuel
Davidson Survey, Brazos County. Site is, located in Precinct 1.
18. The Final Plat of Willow Run, Phase One, 100.761 acres, John Payne Survey, A-195,
John Childress Survey, A-92, Brazos County. Site is located in Precinct 1.
19. Request from Wickson Creek Special Utility District to place a road bore in the right-of-
way of Old Reliance Road approximately .10 mile from Merka Road. Site is located in
Precinct 3.
20. Request from GTE for a parallel cable installation in the east right-of-way of Cloisters
Drive beginning at its intersection with Carter Lake Road extending south for a distance
of 724 feet. Site is located in Precinct 1.
21. Request from GTE to place a 50 foot road bore in the right-of-way of Fourwinds
Drive/East Brazos Industrial Park for cable installation. Site is located in Precinct 2.
22. Requisition from Capital Projects for mobile radios to be installed in new motor graders
for Road & Bridge.
23. Requisition from Capital Projects for three (3) commercial lawn mowers for the Jail
Division.
24. Call for citizen input and/or concerns.
25. Adjourn.
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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) 3614102.
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COMMISSIONERS' COURT
REGULAR MEETING
• NOVEMBER 7, 1995
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
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Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Tuesday, November 7, 1995, with the following members
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of the Court present:
Alvin W. Jones, County Judge, Absent;
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, presiding;
Mary Ann Ward, County Clerk.
The following citizens and officials were in attendance:
Ruth McLeod Executive Assistant
Susan Gandy Secretary to County Judge
John Reynolds Auditor
Kay Hamilton Treasurer
Richard Vance County Engineer
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Linda Muegge Road & Bridge
Ray Crow Road & Bridge
Bobby Riggs Sheriff
Ralph Jones Jail Administrator
Winfred Pittman Constable Pct. 7
Chip Lambert Bryan/College Station Eagle
Linda Castoria Rape Crisis Center
Michael Senter Brazos County Resident
Georgie Montgomery Realtor
Jolene Sykes Brazos County Resident
Darlene Kennedy Brazos County Resident
Steve Koran Brazos County Resident
Nancy Yung Brazos County Resident
John Acklam Acklam Construction
Phyllis Fahlquist LWV
John Sykes Citizen
Commissioner Sims gave the invocation and led the pledge
of allegiance.
There was no citizen input and/or concerns.
The Court proceeded to consider the change of status of
the following employees.
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NAME DEPARTMENT REASON
Cain, Terri County Attorney Resignation
Kinchloe, Lenora County Attorney Transfer
Giles-Temple, L. Brazos Center Resignation
Pitcock, Sutton District Clerk Resignation
Baker, Thomas Sheriff Office Resignation
Bramblett, Virgil Sheriff Office New Employee
Hines, Scott Sheriff Office Sal Increase
On motion by Commissioner Norton, seconded by Commissioner
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Walker, the Court voted unanimously to approve the changes as
submitted.
'Phe Court next considered the following Claims as
submitted by the County Treasurer for payment:
96-000960 through 96-001177
Commissioner Sims questioned claims submitted by the
Treasurer's and Auditor's Departments for payment. On motion
by Commissioner Walker, seconded by Commissioner Norton, the
Court voted unanimously to approve the Claims as submitted.
The Court next considered Budget Amendment #94/95-38,
which would reallocate funds budgeted for Commissioners Court,
County Treasurer, Computer and Network Services, Personnel,
Building Maintenance, County Attorney, District Clerk, 85th
District Court, County Court at Law $2, Justice of the Peace
Precinct 1, Justice of the Peace Precinct 2, Justice of the
Peace Precinct 7-1, Court and Jury Services, Constable
Precinct 1, Constable Precinct 2, Constable Precinct 3,
Constable Precinct 4, Constable Precinct 5, Constable Precinct
7, Juvenile Services, Emergency Management, Justice of the
Peace Precinct 2, Brazos Center and the District Attorney. On
motion by Commissioner Walker, seconded by Commissioner
Norton, the Court voted unanimously to approve the budget
amendment as submitted, a copy of which is attached hereto.
The Court next considered Budget Amendment #95/96-02,
which would reallocate funds budgeted for the Tax
Assessor/Collector Department. On motion by Commissioner
Walker, seconded by Commissioner Norton, the Court voted
unanimously to approve the budget amendment as submitted, a
copy of which is attached hereto.
A Proclamation was read aloud welcoming the Reverend John
F. Foster, Sr. to Brazos County and wishing him many years of
success in his ministry at the Galilee Missionary Baptist
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Church. On motion by Commissioner Sims, seconded by
I Commissioner Walker the Court moved to welcome Reverend John
' F. Foster, Sr. to Brazos County.
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The next matter for consideration by the Court was a
written request submitted by the County Extension Agent F'
requesting approval for out of state travel for Carolyn
Nobles. Ms. Nobles would be traveling to Spokane, Washington r
to attend the National meeting of Epsilon Sigma Phi, the
t Honorary Extension Fraternity during the week of December 6 t
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through the 10, 1996. On motion by Commissioner Norton,
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seconded by Commissioner Walker, the Court voted unanimously
to grant the request from the County Extension Agent and
approved payment of out of state travel expense for Ms.
Carolyn Nobles.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Brazos
County Rape Crisis Center. The Center will provided services
to victims of sexual assault and their families. The cost to
Brazos county will be $13,000.00 annually. The term of the
contract will be for twelve (12) months beginning October 1,
1995 and ending on September 30, 1996. On motion by
Commissioner Sims, seconded by Commissioner Walker, the Court
voted unanimously to enter into contractual agreement with the
Brazos County Rape Crisis Center. A copy of the contractual t
agreement is attached hereto.
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On motion by Commissioner Norton, seconded by Commis-
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sioner Walker, the Court voted unanimously to set the time and
date for a public hearing on the posting of speed limits on
North Dowling Road and on South Dowling Road in Precinct 1.
The date of the hearing will be at 10:30 a.m., on November 14,
1995, in the Commissioners Courtroom of the Brazos County
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Courthouse.
The next matter for consideration was payment for out of
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state travel by a Deputy Sheriff to Glynco, Georgia for
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specialized training. In a memo to the Court, Chief Deputy,
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Rita J. Watkins, explained that due to a misunderstanding, the
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request for out of state travel was not made prior to the
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deputy attending the training session in Glynco, Georgia on
August 7-16, 1995. On motion by Commissioner Walker, seconded
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by Commissioner Norton, the Court voted unanimously to approve
payment of the requisition for meal and lodging in the amount
of $789.64.
The Court postponed consideration of the lease agreement
for office space for Constable, Precinct 7 until the end of
the current meeting.
On motion by Commissioner Sims, seconded by Commissioner
Walker, the Court voted unanimously to lease property along
Weedon Loop for use as a site to park county equipment. In
+ exchange for the use of the property, the County will build a
little league ball park.
The next matter for consideration was the authorization
to purchase property for a collection site in Precinct 4 and
authorize the preparation of an earnest money contract. On
motion by Commissioner Cauley, seconded by Commissioner
Walker, the Court voted unanimously to authorize the purchase
of the 2.5 acre tract and to prepare an earnest money
contract.
The Court next considered the request from GTE to place
a parallel cable outside the designated utility easement on
Trotter Lane/Estates at River Run Subdivision in Precinct 1.
Commissioner Norton moved to approve the request. commis-
sioner Sims seconded the motion. The Court discussed the
request further and then on motion by Commissioner Norton,
seconded by Commissioner Sims, the Court voted unanimously to
rescind the original motion and second and to deny the
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request.
The Court next considered approval of the Replat of a
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portion of Lots 10, 11, 12, 13 and 14, Village of Minter
Spring located in Precinct 1. Richard Vance, County Engineer,
stated that he had reviewed the plat and recommended it be
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approved with the following additions:
a) Add existing Right-of-Way notations along
Koppe Bridge Road and along Minter Spring
Road.
4 I b) Change "Minter Springs Road" to Minter
Spring Road (all historical plat/map
information indicates no "s" on end of
"Spring").
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on motion by Commissioner Norton, seconded by Commissioner
Sims, the Court unanimously approved the Replat of the Village
of Minter Spring.
The Court next considered approval of the Final Plat of
Willow Run, Phase One in Precinct 1. Richard Vance, County
Engineer, stated that he had reviewed the plat and it appeared
to be in order. On motion by Commissioner Norton, seconded by
Commissioner Walker, the Court unanimously approved the final
plat of Willow Run, Phase One in Precinct 1.
The Court next considered the request from GTE to place
a parallel cable installation in the east right-of-way of
Cloisters Drive beginning at its intersection with Carter Lake
Road extending south for a distance of 724 feet. The site is
located in Precinct 1. The County Engineer stated that all
appeared to be in order and recommended approval. On motion
by Commissioner Norton, seconded by Commissioner Walker, 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 the request from Wickson Creek
Special Utility District to place a road bore in the right-of-
way of Old Reliance Road approximately .10 mile from Merka
Road. 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 Walker, the Court voted unanimously to approve
the request from Wickson Creek Special Utility District
authorized the installation. A copy of the request is
attached hereto.
The Court next considered the request from GTE to place
a 50 foot road bore in the right-of-way of Four Winds
Drive/East Brazos Industrial Park for cable installation. The
site is located in Precinct 2. The County Engineer stated
that all appeared to be in order and recommended approval. On
motion by Commissioner Walker, seconded by Commissioner
Norton, the Court voted unanimously to approve the request
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from GTE and authorized the installation. A copy of the
request is attached hereto.
The next matter for consideration was a requisition from
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Capital Projects for the purchase of mobile radios to be
installed in the new motor graders for the Road & Bridge
Department. On motion by Commissioner Norton, seconded by
Commissioner Walker, the Court voted unanimously to approve
the requisition from Capital Projects for the purchase of
mobile radios. Total cost will be $1,084.00.
The next matter for consideration was a requisition from
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Capital Projects for the purchase of three (3) commercial lawn
mowers for the jail division. In a memo from the Jail
Administrator, it was explained that the purchase price on
state contract is $385.00 for each machine. An estimate from
Ike's Small Engine Repair showed that the cost of repair for
the old lawn mowers nearly equals the purchase price of the
three new ones. On motion by Commissioner Sims, seconded by
Commissioner Walker, the Court voted unanimously to approve
the requisition from Capital Projects for the purchase of lawn
mowers for the Minimum Security Jail. Total cost will be
$1,155.00.
The Court next considered a lease for office space for
Constable, Precinct 7. Constable Pittman advised the Court
that Mr. Acklam would make the necessary alterations to the
office space and that the lease would be renegotiate at the
time of renewal. On motion by Commissioner Sims, seconded by
Commissioner Norton the Court voted unanimously to enter into
a lease with John Acklam for office space for Constable,
Precinct 7. A copy of the lease is attached hereto.
There was no citizen input and/or concerns.
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 November 7, 1995 have been examined and are approved in
open Court this the M,Q day of 19-,
in Bryan, Brazos County, Texas.
Alvin W. J es
County Judge
Sandie W ker
Commission cincL.,V
grey uley, Jr
Commi ioner, Pr c nct 4
Gary tsan
Co Toner, Precinct 1
Randy S' s
Commi ioner, Precinct 3
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Mary Afin'Ward
County Clerk
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1994-1995 BUDGET YEAR
NO. 94/95-38
On this the 7th day of November 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 November 7, 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,.
t 1994 the following amendment(s) to the original are hereby
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authorized, as described on the attached 4 page(s).
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ADOPTED AND APPROVED this the 7th day of November 1995
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
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By.. C4&-el caaacv, v ~no.,r-WT
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Original: County Clerk's Office and attached to the original
budget
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! Copies: County Auditor
j: County Treasurer
Commissioners' Court Minutes _
Budget Amendment File
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
NO. 94195 - 38
FD
DIV
ACCT
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ACCOUNT NAME
Dr
Cr
01
110001
519850
Earned Vac & Comp Time
6,790.00
01
110001
, 532000
Retirement
, 1,55000
Commissioners Court
01
120001
519850
Earned Vac & Comp Time
1,280.00
01
120001
533000
Employee Health Insurance
1,280.00
County Treasurer
01
140001
519850
Earned Vac & Comp Time
10,290.00
01
140001
532000
Retirement
30.00
Computer and Network Services
01
150001
519850
Earned Vac & Comp Time
160.00
01
150001
531000
Social Security
90.00
Personnel
01
170001
519850
Earned Vac & Comp Time
210.00
01
170001
533000
Employee Health Insurance
2,170.00
Building Maintenance
01
180001
519850
Earned Vac & Comp Time
3,580.00
01
180001
531000
Social Security
3,580.00
County Attorney
01
200001T
539000
Unemployment Insurance
1,940.00
District Clerk
01
220001
519850
Earned Vac & Comp Time
1,770.00
01
220001
531000
Social Security
830.00
District Court -85th
BALANCING TOTAL
29,770.00
5,780.00
itfate: ~ r • ' 3x y ` 'I b/3715iJ 3d'iEe:IS W 1"i/.~ mg -
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
NO. 94/95 - 38
FD
DIV
ACCT
PROJ
ACCOUNT NAME
Dr
Cr
01
231001
519850
Earned Vac & Comp Time
160.00
01
231001
531000
Social Security
160 00
County Court at Law #2
01
240001
538000
Workers Compensation
4.00
01
240001
519850
Earned Vac & Comp Time
4.00
Justice of the Peace - Pct 1
01
242001
519850
Earned Vac & Comp Time
640.00
Justice of the Peace - Pct 2
01
247101
519850
Earned Vac & Comp Time
540.00
01
247101
531000
Social Security
540.00
Justice of the Peace - Pct 7-1
01
250001
519850
Earned Comp & Vac Time
3,400.00
01
250001
531000
Social Secud
100.00
Court and Jury Services
01
301001
538000
Workers Compensation
15.00
Constable Pct 1
01
302001
538000
Workers Compensation
15.00
Constable Pct 2
01
303001
5
Workers Compensation
38.00
Constable Pct 3
01
304001
519850
Earned Comp & Vac Time
2,350.00
01
304001
531000
Social Security
150.00
Constable Pct 4
Balancing Totals
7,162.00
954.00
'Prepared By: MKW
;Date,: w.. s ,10131195
Appro.
pg 2 of 4
VOL, P A 0 El-".
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
NO. 94/95 - 38
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FD
DIV
ACCT
PROJ
ACCOUNT NAME
Dr
Cr
01
305001
519850
Earned Comp & Vac Time
470.00
01
305001
538000
Worker's Compensation
470.00
Constable Pct 5
01
307001
519850
Earned Comp & Vac Time
4,49000
01
307001
538000
Worker's Compensation
470.00
Constable Pct 7
01
310001
519850
Earned Comp & Vac Time
5,760.00
01
310001
538000
Workers Compensation
790.00
01
310005
519850
Earned Comp & Vac Time
8,360.00
01
310005
533000
Employee Health Ins
2,000.00
01
310015
519850
Earned Comp & VacTime
2,550.00
01
310015
533000
Employee Health Ins
1,210.00
01
310020
519850
Earned Comp & Vac Time
1,140.00
01
310020
533000
Employee Health Ins
1,140.00
01
310025
519850
Earned Comp & Vac Time
2,810.00
01
310025
531000
Social Security
150.00
01
310030
519850
Earned Comp & Vac Time
1,160.00
01
310030
533000
Employee Health Ins
680.00
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Juvenile Services
01
355001
519850
Earned Vac & Comp Time
950.00
01
355001
533000
Employee Health Insurance
950.00
Emergency Management
01
110015
611300
Contingency
35,928.00
c` BALANCING TOTAL 20,640.00 50,838.00
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abate: -4.,~i` ;t` 013#19~: ~a~e°,~.~r,~"~1,,,']• ~.•.•,Y' ~`g~
' A,.e.. ,.S:r ,.H,.`.r~ .,:.4.ta .:fix+:.L.•.~a• ~ P ~J~]:61~11i: 1~• ~~1~ n -L
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BALANCING TOTAL 518.001 518.00
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On this the 7th day of November 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 November 7, 1995, the Court heard and
approved a budget amendment for the 1995-1996 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 26,
1995 the following amendment(s) to the original are hereby
authorized, as described on the attached 1 page(s).
ADOPTED AND APPROVED this the 7th day of November 1995
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: ge
C~d~ •w/ C s"C uT r- a o- ti, • 1o d v
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
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NO. 95/96-02
.rep~fe ~y: ' ~o aMK%
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BALANCING TOTAL 12,307.00 12,307.00
01 • r CONTRACT
THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS,
acting by and through it duly elected County Commissioners
(hereinafter "County"), and the BRAZOS COUNTY RAPE CRISIS CENTER, INC.
(hereinafter "Provider"), located in Bryan, Texas.
RECITALS:
WHEREAS, the County has the objective of providing support
services to the victims of sexual assault; and
WHEREAS, the Provider shares this common goal with the County; and
WHEREAS, the County desires to assist the Provider in providing
support services to victims of sexual assault through funds provided
by the County.
NOW THEREFORE the parties above stated agree to the following
terms and conditions to provide such support services.
TERM
This contract shall continue in force and effect for a term of
twelve (12) months commencing on the 1st day of October, 1995, and
terminating 30th day of September 1996.
CANCELLATION
This contract may be canceled by any parties hereto upon sixty
(60) days written notice as provided herein.
SERVICES TO BE PERFORMED BY PROVIDER
r The Provider will provide services to victims of sexual assault
and their families. These services will include: a 24-hour hotline
and 24-hour escort service; one-on-one counseling; group counseling;
t community awareness programs; Speaker's Bureau; training and
supervision of volunteers; training for law enforcement agency
personnel, the medical community, clergy, staff of the District
Attorney's office and psychologists.
USE OF COUNTY FUNDS
Funds to be furnished to Provider as stated herein below shall be
used to pay operational expenses of the Provider, including rent,
telephone expenses, and office supplies, as described in Exhibit A -
Budget, attached hereto and made a part hereof for all purposes.
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COUNTY'S LIABILITY FOR PAYMENT
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The County agrees to reimburse the Provider a maximum amount of
money totaling $13,000 for the term of this Contract.
This sum shall be paid upon the following date and in the
following amount:
December 1, 1995 $13,000.00
RESPONSIBILITIES OF PROVIDER
Provider will be responsible for providing the following services
pursuant to this Contract:
1. Maintaining this Contract;
2. Providing of the Provider's Services; _
3. Maintaining data files on clients and the Services provided
thereto;
4. Respond to all and any inquiries by the County regarding the
Center and its Services;
5. Assist the County with information needed for audit purposes;
6. Provide the County with quarterly financial statements;
7. Provide the County with any and all certified audits of
Provider and the management letter prepared in connection
therewith;
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8. Provide the Court with statistics evidencing the number of
Brazos County residents using the Provider's Services and the
percentage Brazos County residents comprise of the total
population using the Provider's Services.
RESPONSIBILITY OF COUNTY
The County shall be responsible for the following duties and
requirements:
1. Provide County funds for the payment of the consideration
stated herein.
r 2. Conduct a review of the Provider's performance in providing
the Services to be provided hereunder in order to assess
County's continued participation in the funding of the
t Provider.
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VAS PAGE!
• RECORD RETENTION
The Provider shall be responsible for record keeping on all
Services provided to those individuals using its services and all
financial records of the Center. The Provider agrees to maintain and
make available for inspection by the County upon request consistent
with personal privacy and subject to the limitation of state law, any
and all records the County determines, in its sole discretion, to be
necessary for the Court to justify its continued participation in
supporting the Provider with funding. Such records shall be retained
for at least four (4) years from the date the service was provided.
These records shall be made available for inspection and audit by the
County, if it so desires.
DISCRIMINATION
The Provider shall not discriminate -against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The Provider shall take affirmative action to ensure
that applicants who are employed are treated during employment,
without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rated of pay or other
forms of - compensation; and selection for training, including
apprenticeship. The Provider agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause.
INDEMNITY
The parties hereto agree to indemnify one another for and hold one
another harmless from and against all suits, claims, demands,
liabilities or actions resulting or alleged to result form the breach,
violation or non-performance of the services stated herein and for any
damage to any person resulting form any action or omission or
negligence on the part of each party hereto.
INSURANCE
The parties hereto agree that the Provider shall be an independent
r contractor and not any employee or agent of the County and that each
shall maintain at its own expense, adequate liability insurance to
insure against damages and liabilities which may arise due to the
duties and obligations contracted for herein.
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COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge,
no officer, agent or employee of the County who exercises any function
or responsibility in connection with the carrying out of this Contract
or the services to which it relates has personal interest direct or
i indirect, in this Contract.
GOVERNING LAW
This Agreement shall be executed in and shall be governed by the
laws of the State of Texas.
NOTICES
All notices required to be given hereunder shall be deemed to be
duly given by delivering such notice or by mailing it, registered mail
to the other party at the following addresses:
Brazos County Rape Crisis Center,-Inc.
P.O. Box 3082
Bryan, Texas 77805
Brazos County
c/o Commissioners Court
Brazos County Courthouse
300 E. 26th Street, Suite 114
4 Bryan, Texas 77803
\
FURTHER ASSURANCE
'tf Each party hereto agrees to perform any further acts and to
Ci execute and deliver any further documents which may be necessary to
carry out the provisions of this Agreement.
SEVERABILITY
In the event that any of the provisions or portions thereof, of
this Agreement, are held to be unenforceable or invalid by any court
of competent jurisdiction, the validity and enforceability of the
remaining provisions or portions thereof shall not be affected
thereby.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between the
parties hereto concerning the subject matter contained herein. There
are no representations, agreements, arrangements, or understanding,
oral or written, between or among the parties hereto, relating to the
subject matter of the Agreements, which are not fully expressed
herein.
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ASSIGNABILITY
Provider shall have the right to assign this Contract and any of
its rights hereunder to a wholly owned subsidiary or to a corporation
with which it may be merged without prior written consent of the
County; otherwise, this Contract is not assignable by the Provider
without the prior written consent of the County.
DATED this day of ~QN'e- , 1995.
Brazos County
By:
A IN . JO ES Judge
Brazos County Rape Crisis
Center, Inc.
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VCS AQF 73_S
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BRASOS COUNT! RAPE CRISIS Comm, INC.
Actual
Proposed
Proposed
Proposed
1994
1995
1996
1996
Budget
Budget
Budget
Budget
Subject
(12-194)
(4-195)
(8-195)
to Audit
SVPPORT AND REVENUES
Grants - government
Texas Dept. of Health
B/CS Comm. Dev. Block Grant
Brazos County
VOCA
Grants-private foundation
Indirect public support-UWay
Contributions
Fundraising projects - not of
expenditures
Interest, miscellaneous income
,
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EXPENSES
Personnel
Salaries
Payroll Taxes
Health Insurance
Rent
Telephone
Pagers
Insurance
office supplies
Printing/Copying
Postage
Conferences, dues
Car allowance
Library
Advertising
office Equipment
Miscellaneous
Professional Pees
Copying
Printing
Office Expenees/Supplies
Community Education
Volunteer Training
Repair/Maintenance
TOTALSt
$19,617.98
$14,764
$15,000
$14,775
A
18,750.00
27,000
42,000
42,000
A
10,000.00
10,000
15,000
13,000
A
13,595.00
24,014
A
8,000.00
8,000
8,000
11,000
P
19,888.91
23,000
34,000
23,000
A
2,040.85
11500
2,124
7,349
P
2,795.61
3,000
5,000
11,100
P
629.68
300
500
500
P
$95,318.03
=111,578
$121,624
$122,724
P
$14,000
14,560
14,560
29,528
000
20
30,709
20
800
30,709
20
800
58,521.20
.
63,528
.
66,069
.
66,069
4,476.75
4,860
5,055
5,055
8,576.41
8,100
9,000
9,000
7,559.92
8,000
15,000
18,000
2,834.58
4,000
5,000
4,000
864.00
1,000
500
400
1,375.00
11500
1,600
1,600
" 888.58
1,200
1,300
1,000
2,683.56
3,000
2,000
2,000
901.47
1,000
1,000
1,000
159.53
400
400
400
383.50
500
500
500
0
2,500
500
500
887.05
2,000
2,100
2,100
2,050.00
3,500
3,500
3,500
225.50
1,000
1,100
1,100
486.20
800
500
500
3,055.42
3,500
3,600
3,600
292.87
600
700
700
486.45
1,000
1,100
700
752.96
1.000
1.100
1.000
$97,460.95 $112,988 $121,624 $122,724
Vii ~ ,PAGE
LEASE
THIS LEASE is made and entered into this
Z day of November, 1995, by and
between THE HARVEY COMMUNITY FOUNDATION, (herein "Lessor"), and BRAZOS
COUNTY, TEXAS acting by and through It duly elected Commissioners Court, (herein
"Lessee").
WHEREAS, the Lessor owns property on Elmo Weedon Road; and
WHEREAS, the Lessor desires to secure some property for the short term storage
of heavy equipment; and
WHEREAS, the Lessor is not interested in leasing the property for, its monetary
value, but has a need to have some work performed on the Property; and
WHEREAS, the Lessee has the ability to perform such work.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS that for and in
the consideration of the mutual benefits herein expressed the parties agree to a Lease on
the following terms and conditions:
LEASE TERMS
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A. PREMISES
That certain tract or parcel of land being 22.71 acres situated in the RICHARDSON
PERRY SURVEY, Abstract No. 44, Brazos County, Texas, being out of and a part
of a Called 321 acre tract of land conveyed from Lavada Weedon to J. E. Weedon,
Jr. by deed dated May 25,-1967, and filed of record in Volume 266, Page 574 of the
Deed Records of Brazos County, Texas being more particularly described in Exhibit
"A" attached hereto and made a part hereof for all purposes.
B. TERM
This Lease shall be for a term of six (6) months commencing on November 15, 1995
and terminating on May 15, 1996 at 5:00 p.m. ("Lease Term").
C.
The Premises shall be used by Lessee to park and store heavy equipment used in its
road repair and maintenance operation.
V0 PAGE,. 73 7.
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D. $ZF~T
The Lessee shall pay no rent in exchange for which it shall perform such dirt moving
work necessary to level the land comprising the Premises and, with the use of excess
road waste, shall lay out a gravel roadway on, over and upon the Premises.
E. INSURANCE
Lessor and Lessee shall procure such insurance as each deems necessary in their own
discretion to protect their interests in the leasehold estate, at their sole cost.
F. ADDRESSES FOR NOTICES
All notices to either Lessor or Lessee shall be addressed as follows:
To Lessor: The Harvey Community Foundation Gvoh ~d
sY ~Y
College Station, Texas 77845
To Lessee: Brazos County, Texas
Judge Alvin W. Jones
300 E. 26th Street, Room 114
Bryan, Texas 77803
0. SECURITY DEPOSIT
No security deposit shall be required.
H. TAXES
Lessor shall pay and be liable for all ad valorem taxes and personalty property taxes
assessed against the Premises.
1. DEFAULT
If Lessee fails to perform the work it has agreed to undertake pursuant to paragraph
"D" above, the Lessor's sole remedy shall be to terminate this lease on three (3) days
written notice to the Lessee.
2
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J. WARRANTY
Lessee makes no warranty, express or implied, as to the quality of workmanship,
quality of materials used for'improvements on the Premises or fitness for a particular
purpose relative to the work it has agreed to perform on the Premises pursuant to
Paragraph "D" above.
Y, TERMINATION
Either party may terminate this lease at any time upon three (3) days written notice.
L INDEMNITY
Lessor, its successors and assigns shall hold Lessee harmless, defend (with counsel
satisfactory to Lessee) and indemnify Lessee, its agents, employees, officers and
elected officials, against any losses, claims, causes of action, liabilities, costs and
expenses for claims arising out of the transportation to, the use of, or the deposit
upon the Premises of hazardous materials as that term is defined by current federal
law or such other substances, materials or wastes which are or become regulated
under federal or state law.
IN WITNESS WHEREOF, the parties hereto have executed, or have caused to be
executed, this Lease in duplicate the day and year first above written.
BRAZOS COUNTY, TEXAS
By
Judge 'n W. Jones
THE HARVEY COMMUNITY FOUNDATION
By:
P
James Weedon, who possess a possible future interest in the Premises, does hereby
accept and agree to the terms of this lease.
r
JAN& WEEDON
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EXHIBIT "A"
FIELD 1 OTW
22.71 ACRES
BRAZOS COUNTY. TEXAS
JULY, 1995
All that certain lot.. tract or parcel of land being 22.71 acres situated in the
RICHARDSON PERRY SURVEY. Abstract No. 44. Brazos County. Texas, being
out of and a part of a Called 321 acre tract. of land conveyed from Lavada
Weedon to J. E. Weedon. Jr. by deed dated May 25.1967. and Med of record in
Volume 266. Page 574 of the Deed Records of Brazos County, Texas.
(D.R.B.C.T.). said 321 acres being the same land described as eight (8) tracts
totaling a called 215-5/6 acres according to a deed from the City National
Bank of Bryan, Texas, to J. E. Weedon of record in Volume 89. Page 559.
(D.R.B.C.T.). together with additional lands as conveyed from Lavada G.
Weedon to James E. Weedon. Jr. by deed of record in Volume 352. Page 59
(D.R.B.C.T.) and by last will and testament of Lavada G. Weedoxi filed for
record in Volume 100. Page 472 of the Probate Minutes of Brazos Colirity.
Texas: said 22.71 acre tract being more particularly described by metes and
bounds as follows:
COMMENCING at a 1/2" iron rod found in a fence line being the
occupational northwest right-of-way line of Elmo Weedon Road at the east
corner of said 321 acre tract and of a Called 5.00 acre tract conveyed to James
E. Weedon, Jr. by deed of record in Volume 352. Page 59 (D.R.B.C.T.), samc
being the most southerly corner of a Called 9.202 acre tract conveyed to A.
Adele Smith Keith by deed, of record in Volume 1029. Page 331 of the Official
Records of Brazos County, Texas (O.R.B.C.T.);
THENCE S 44°32'03" W, along said occupational northwest right-of-way line
of Elmo Weedon Road and the southeast line of said 5.00 acre tract and said
321 acre tract, respectively. along said fence line. a distance of 1324.25 feet to
a l /2" iron rod set for most easterly northeast corner and the POINT OF
BEGINNING of the herein described tract of land;
THENCE S 44°32'03" W. continuing along said oecupauonal northwest
right-of-way line and said southeast line of the Called 321 acre tract along
said fence. a distance of 172.99 feet to a 1/2" iron rod set for most southerly
corner.
THENCE N 49°OT24" W. leaving said northwest right-of-way line line, said
southeast line and said fence, through the interior of said Called 321 acre
tract. a distance of 769.26 feet to a 1/2' iron rod set for interior ell comer.
THENCE S 42018'31" W. continuing through the interior of said Called 321
acre tract, a distance of 261.53 feet to a 1/2" iron rod set for exterior ell comer.
of 2
.PAGE
THENCE N 54026'51' W. continuing through the interior of said Call
ed 321
y acre tract. a distance of 512.68 feet to a 1/2" iron rod set for most westerly
i corner,
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EXHIBIT "A"
THENCE N 21°5602" E, continuing through the interior of said Called 321
acre tract a distance of 1064.47 feet to a 1/2" iron rod set for most northerly
corner,
THENCE S 45°35'06" E. continuing through the interior of said Called 321
acre tract, a distance of 1302.96 feet to a 1/2" iron rod set for most northerly
northeast corner.
THENCE S 43°52'53" W. continuing through the interior of said Called 321
acre tract, a distance of 435.42 feet to a 1/2" iron rod set for interior ell
corner.
THENCE S 47°34'58' E, continuing through the interior of said Called 321
acre tract, a distance of 365.62 feet to the POINT OF BEGINNING AND
CONTAININO AN AREA OF 22.71 ACRES OF LAND. MORE OR LESS: according
to a suivey performed during the month of July, 1995, under the supervision of
Donald D. Garrett, Registered Professional Land Surveyor No. 2972.
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&$4% AAMR110\VC1101LLMDM
Page of 2
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1.
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice Is hereby given that (applicant)lickson Creek S.U.D. proposes
to place a (type) Water line ~ jhe right-of-way of (road)
old Reliance Rd. 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 they might be on hand to designate the actual
location of the installation.
2. That all damage to the roadways and right-of-ways 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.
4. That Brazos County is in no way responsible for any damage that might
occur to any existing utility lines in the right-of-way.
5. 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 forty-eight inches
(48") lower than the center of the roadway whether there is, or is not, a
borrow ditch.
7. That all sites will be barricaded during the construction period.
Construction of this line will begin on or after (date) 6th day of
November X19 95
Firm: Wickso Creek Special Utility District
By: Kent Watson
Title: General Manager
Address: P• o. Box 75
Bry , xas
Phone: 409-589-3030
APPROVED BY COMMISSIONERS'
COURT ON:
Date
Alvin W. Jones
County Judge
An cT 3
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VIM oid P.~I;a~c2. Rd.
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October 3, 1995
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® GTE Telephone Operations
Central Area
Engineering Department
301 Industrial Blvd
Bryan, Texas 77803
Reply To
Bryan, TX
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy 21
Bryan, Texas 77803 ,
Dear Mr. Vance:
Subject: AGRMNTS 24 BURIED CABLE 5416 3P001PH
Enclosed are Form ED-135 and work location sketch showing the
location of our new buried cable line on County Roads in Brazos
County at College Station, Texas.
Due to contractor error, this section of cable was placed in the
county right-of-way instead of the adjacent easement. Upon dis-
covering the error, we were unable to correct the situation because
the landowner, Virginia Kettler, 5501 Trotter Lane, would not allow
us to re-enter the easement. We request that this section of cable
to allowed to remain in the right-ofway.
If you have any questions concerning this work, please contact
Richard Wallace 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
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Attachment
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GTE Service CorporataNA part of C~orpor~jjprL
JAME
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GENERAL TELEPHONE
COMPANY
NOTICE OF COMMUNICATION
LINE INSTALLATION
October 3, 1995
TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
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:
Beginning at a point 193' wegt of the junction of
Hopes Creek Road and Trotter'Lane, 235' of buried
cable has been placed west at 5' within the southerly
right-of-way of Trotter Lane.
The new cable is buried to minimum depth of 30".
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 October, 1995.
GENERAL T LEPHONE COMPANY 5416 3P001PH
A/x' Alan ColleyY
Senior Engineer - OSP
301 Industrial Blvd
Bryan, Texas 77803
VOL. A~PAoE s
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GTE Telephone Operations
Central Area
Engineering Department
301 Industrial Blvd
Bryan, Texas 77803
Reply To
Bryan, TX
October 20, 1995
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Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy 21
Bryan, Texas 77803
Dear Mr. Vance:
Subject: AGRMNTS 24 BURIED CABLE 5416 3P00IVC
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 College Station, Texas.
This work is to be completed on Work Order 3PO01VC which is
scheduled for February, 1996. 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,
r AC
1 Colley
Senior Engineer - OSP
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Attachment
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NOTES TO CONST
4
LOCATE ALL BURIED UTILITIES SPLICER'S NOTES
I BEFORE DIGGING IN THIS AREA. *INDICATES RIPPLES
CONTACT WELLBORN WATER AT ASSOCIATED ONLY TO 1.
690'9799 FOR LOCATION OF THIS WORK ORDER (G` TEXASMEW MEXICO STATEr iX
THEIR WATERLINE. N tN A T EXCKt5416 REM N0
PLACE NEW CABLE VIN ROW. OIVISlO t sou E s COs
• ` CLEAR BRUSH WHERE NECESSARY. w,C.t 6ge0 w0 NOa 3P001K CONTROL NUdBERt
WORK SAFELY. TITLEtPROV 2ND LN t1ARRISON TAX OST,t 4MG4
TWPt RNG.t SECa. SAL11'OL F
TOR
DATEt 89/24/95 REV.DATEt SCALEt1'•lor
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A~OIriSON (0 COt11Tt NO FILEt tlPl ORWN ENG APRVO PRINT
CWA CWA 1 OF =
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GENERAL TELEPHONE NOTICE OF COMMUNICATION
COMPANY LINE INSTALLATION
October 20, 1995
TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE: Al Jones
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:
Beginning at the intersection of Carter Lake Road
and Cloisters Drive, a buried cable will be placed
4' in the east ROW extending south for a distance
of 724' at a depth of 30".
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 February, 1996.
;Gv PRTEL P ONE COMPANY 5416 3POOIVC
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Senior Engineer - OSP
301 Industrial Blvd
Bryan, Texas 77803
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GTE Telephone Operations
Central Area
Engineering Department
301 Industrial Blvd
Bryan, Texas 77803
October 20, 1995 Reply To
Bryan, TX
Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy 21
Bryan, Texas 77803
Dear Mr. Vance:
Subject: AGRMNTS 24 BURIED CABLE 5413 9P506GR #29
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 Bryan, Texas.
This work is to be completed on Work Order 9P506GR #29 which is
scheduled for January, 1996. If you have any questions concerning
this work, please contact Anthony Vitanza at our office in Bryan,
telephone 409-821-4754 within 15 days so that we may explain or
modify our proposal, otherwise, it is understood that this proposal
is approved.
Sincerely,
Al n Colley
Senior Engineer - OSP
AC:cp
Attachment
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Apart of GTE Corporation 31..- VOL. ,PAGE._._M 9j
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TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE: Al Jones
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:
At East Brazos Industrial Park on Fourwinds Drive
where existing cable ends, a'50' bore will be made
from the west ROW of Fourwinds Drive to the east
ROW. All other cable placement will be in a 16'
utility easement.
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 January, 1996.
GENERAL TEL HONE COMPANY 5413 9P506GR #29
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A olley
enior Engineer - OSP
301 Industrial Blvd
Bryan, Texas 77803
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GENERAL TELEPHONE
COMPANY
NOTICE OF COMMUNICATION
LINE INSTALLATION
October 20, 1995
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FOUROS OR o THE PUMP 778-2329 C2.384 X C3102,151
612ir•62~ * EXCHANGE 778-4613 C2.394
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NOTE AREA- WORK LOCATED ON 010606
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DIVISIONo SOUTHEAST EXCH.t 7780
REM. CD.t 000
W.C.t1780 WO NO.:9P506GR CONTROL NUMBERt 029
TITLEtPRV SRV THE PUMP EXCH TAX OST.t 45001
TWPt RNG.t SEC.t. SAL11-SK
DATE110/11/95 REV.OATEt SCALEtP•100'
FILEtWPI DRWN ENO APRVO PRINT
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LEASE AGREEMENT
This lease Agreement is made and entered into this 15th day of December
1995 by, and between Jon N. Acklam of Brazos County, herein called "Lessor", and
BRAZOS COUNTY, TEXAS herein called "Lessee".
In consideration of the mutual covenants and agreements herein set forth, and
other good and valuable consideration, Lessor does hereby demise and lease to
Lessee, and Lessee does hereby lease from Lessor, the following described premises
located in Brazos County, Texas:
Office space (approximately 2100 sq. ft.) identified as suites 105 and 106
located at 1103 Anderson Street, College Station, Texas to include water and
sewer along with restroom. It will also provide handicap access.
TERM
The term of this lease shall be for a period of three years commencing on
December 15, 1995 and ending on September 30, 1998.
RENT
Lessee agrees to pay to Lessor as rent for the leased premises the sum of ONE
f
THOUSAND ONE HUNDRED FIFTY-FIVE DOLLARS ($1,155.00) per month on the
first of each month.
USE OF PREMISES
The leased premise shall be used only as an office and Lessee shall not permit
' the leased premises or any part thereof to be use for: (a) the conduct of any
offensive, noisy, or dangerous activity that would increase the premiums for fire
' insurance on the leased premises; (b) the creation or maintenance of a public
' nuisance; (c) anything which is against public regulations or rule of any public
authority at any time applicable to the leased premises; or (d) any purpose or in
s;
any manner which will obstruct, interfere with, or infringe on the rights of other
VOL_ A.PAGE,
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tenants or adjoining property owned by Lessor, nor shall the leased premises be
occupied by any person or persons other than the person or persons authorized by
Lessee.
INDEMNITY AGREEMENT
Lessee agrees to indemnify and hold Lessor and the property of Lessor,
including the leased premises, fee and harmless, from any and all liability for injury
to, or death of, any person, including employees of Lessee or for damage to property
arising from the use and occupancy of the leased premises by Lessee or from the act
or omission of any person, or persons, including employees of Lessee, in or about
the leased premises with the express or implied consent of lessee; provided that
nothing in this agreement shall expand or enlarge the liability of lessee greater than
that of Lessee under the Texas Tort Claims Act.
ALTERATIONS AND IMPROVEMIMiTS
Lessee shall make no alterations to the building on the leased premises nor
construct any buildings or other improvements on the leased premises without first
having obtained the written consent of Lessor.
REPAIRS AND MAINTENANCE
Lessee shall, at his expense, and at all times, maintain the premises in good
and safe condition, including plate glass, electrical wiring, plumbing and heating
installations and any other system or equipment upon the premises and shall
surrender the same, at termination hereof, in as good condition as received, normal
wear and tear excepted. Lessee shall be responsible for all repairs required,
excepting the roof, exterior walls, and structural foundation. (Outside doors and
overhead doors are considered outside walls). Parking lot and building security
lighting shall be maintained by Lessor. If Lessor fails or neglects within a reasonable
time to make repairs or corrections which, under the terms hereof Lessor is required
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to make after written notice to Lessor by Lessee, or having started such repairs or
corrections, Lessor fails to complete them within a reasonable time, Lessee may cause
such repairs or corrections to be made or completed at Lessor's cost and expense and
may deduct from subsequent installments of rent an amount sufficient to reimburse
itself for costs and expenses incurred. Unless otherwise herein provided, all normal
repairs, painting and replacements to the inside of buildings shall be made at the
expense of Lessee which shall surrender the same at the end of the Lease term or any
extension thereof in substantially as good condition as when received, ordinary wear
and-tear, damage by fire or the elements and unavoidable casualties excepted.
DESTRUCTION OF PREMISES
Should any building or improvements on the leased premises be damaged or
destroyed by fire, the elements, acts of God, or other causes not the fault of Lessee
or any person in or about the leased premises with the express or implied consent
of Lessee, they shall be repaired or replaced by Lessor at his own cost and expense
and the rent payable by Lessee pursuant to this lease shall be abated to the extent
such damage or destruction renders the leased premises uninhabitable by Lessee.
Provided however, should the cost of repairing or restoring any buildings or
improvements so damaged or destroyed exceed twenty-five percent (25%) of the
replacement cost of all buildings and improvements now located on the leased
premises, or if more than fifty percent (50%) of the total floor space of the leased
premises shall be rendered unfit for Lessee's occupancy this lease may be terminated
by either party by ten (10) days written notice. If less than fifty percent (50%) of
the total floor space of leased premises shall be uninhabitable and repair and
restoration can be accomplished within ninety (80) days, Lessor may, at his option,
either repair and restore the damaged buildings and improvements or cancel this
lease and return any unearned rent previously paid by Lessee under this lease.
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CONDITION OF PREMISES
Lessee stipulates that he has examined the leased premises, as well as all
building and improvements located thereon, are at the date of this lease in good
order, repair and a safe and clean condition.
UTILITIES
All charges for electricity, shall be paid by Lessee. All charges for water and
other utility services shall be paid by Lessor.
WROVEMENTS PROPERTY OF LESSOR
All alterations, changes, and improvements built constructed, or placed in the
leased premises by Lessee, other than movable personal property shall, unless
otherwise provided by written agreement between Lessor and Lessee, be the
property of Lessor and remain in the leased premises at the expiration or sooner
termination of this lease. Lessee at the termination of the lease shall not be required
to restore the improvements to their original condition. Nothing contained in this
paragraph, however, shall authorize Lessee to make or place any such alteration,
change, or improvements on the leased premises without having first obtained the
written consent of Lessor.
ASSIGNMENT AND SUBLETTING
Lessee shall not assign this lease nor sublet the leased premises or any
interest therein without first obtaining the written consent of Lessor, which consent
shall not be unreasonably withheld. A consent by Lessor to one assignment or
subletting shall not be deemed to be a consent to any subsequent assignment or
subletting. An assignment or subletting without the written consent of Lessor, shall
be void and shall, at the option of the Lessor, terminate the lease.
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LESSEE'S RIGHT TO PERFORM
In the event Lessor violates or fails to perform any provisions or agreements
of the lease to be performed or complied with by Lessor, and such violation or failure
continues for fifteen days after written notice thereof to Lessor, Lessee may, in
addition to all remedies available to it, be entitled to perform on behalf of Lessor and
deduct all such payments from the rent.
DEFAULT BE LESSEE
Should Lessee be in default for a period of more than ten (10) days in the
payment of any rent payable under this lease or in the pc:•formance of any other
provision of this lease and such default continues for thirty (30) days after written
notice, Lessor may terminate this lease and regain possession of the leased premises
in the manner provided by the laws of the State of Texas in effect at the date of such
default.
HOLD OVER
At the expiration of this lease, should Lessee hold over for any reason
whatsoever, it is hereby agreed that in the absence of a written agreement to the
contrary, such tenancy shall be from month to month only under the same conditions
and at the same monthly rental as provided herein.
SUBORDINATION OF LEASE
This lease and Lessee's leasehold interest under this lease are and shall be
subject, subordinate, and inferior to any lien or encumbrance now on the leased
premises by Lessor.
+ RIGHT OF INSPECTION
Lessor and his agents have the right at all reasonable times during the terms -
of this lease to enter the leased premises for the purpose of inspecting them and all
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LOCATION FOR RENT PAYMENT
Unless changed by written notice pursuant to the provisions in the above
heading under Notices, all rent payable under this lease shall be paid to Lessor at
1103 Anderson College Station, Texas, 77840.
ATTORNEY'S FEES
Should any litigation be commenced between the parties hereto concerning the
leased premises, this lease, or the rights and duties of either party in relation
building and improvements thereon; provided however that the right of inspection
shall not extend to any record, the disclosure of which is prohibited by law.
PARKING
Ample space will be provided for parking vehicles.
NOTICES
Any and all notices or other communication required or permitted by this lease
to be served on or given to either party to this lease by the other party hereto shall
be in writing and shall be deemed duly served and given when personally delivered
to the party to whom it is directed, or in lieu of such personal service, when
deposited in the United States Mail, postage prepaid, addressed to Lessor, Jon
N. Acklam, 1103 Anderson Street, College Station, Texas 77840; addressed to
Lessee, Brazos County, 300 East 26th Street, Bryan, Texas 77803-5327, until
otherwise notified. Either party hereto may change his address for the purpose of
this paragraph by giving written notice of such change to the other party in the
manner provided for in this paragraph.
USE OF OFFICES
The leased premises are to be used as office space for Constable Precinct Two
7 of Brazos County.
6
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thereof, the party prevailing in such litigation shall be entitled, in addition to such
relief as may be granted, to a reasonable sum as and for his attorney's fees in such
litigation.
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TEXAS LAW TO APPLY
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.
LEGAL CONSTRUCTION
In case any one or more of the provisions contained in the agreement shall for
any reason be held to be invalid, illegal or unenforceable it 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 herein.
PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto
and supersedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter.
AMENDMMff
No amendment, modification, or alteration of the terms hereof shall be binding
unless the same be in writing, dated subsequent to the date hereof, and duly
executed by the parties hereto.
OPTION TO RENW
Lessee may renew this lease for two years by giving Lessor written notice of
such renewal at least thirty (30) days prior to the expiration of the then current
term. Each such renewal shall be negotiated at the time of the renewal.
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ATTEST:
Mary Ann Ward
County Clerk
LESSOR:
Jon N. Acklam
By: "1n. Q 4..r..
LESSEE:
BRAZOS COUNTY
By:
Alvin NW. Jones
County Judge
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