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HomeMy WebLinkAbout1995-11-07-0900AM-Regularr fi BRAZOS COUNTY BRYAN. TEXAS • . • . , L 95 It~Y - Ahl g: 38 IRAZosc, ArI AGENDA r 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. v0 PAe JS P 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. ~I 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. _I v0 AO . . 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 i Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, November 7, 1995, with the following members i 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 • 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. • 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 VOL _PAQE,.7_/7 • d t t t s u 1 1, T s t P f r , 4 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 .0 Church. On motion by Commissioner Sims, seconded by I Commissioner Walker the Court moved to welcome Reverend John ' F. Foster, Sr. to Brazos County. t i Vol. PACE . 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 I through the 10, 1996. On motion by Commissioner Norton, i ' 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. r On motion by Commissioner Norton, seconded by Commis- : , 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 ; Courthouse. The next matter for consideration was payment for out of I state travel by a Deputy Sheriff to Glynco, Georgia for f specialized training. In a memo to the Court, Chief Deputy, E _ Rita J. Watkins, explained that due to a misunderstanding, the r r request for out of state travel was not made prior to the < deputy attending the training session in Glynco, Georgia on August 7-16, 1995. On motion by Commissioner Walker, seconded VOL ~-PAQE. V 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 t request. The Court next considered approval of the Replat of a t ' 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 f• 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"). r• V0 ._._PAQ. 7~0 i ~J E r f r .t 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 VOL A .~PAG t' 't. F r y, 14, 7 a t. . t~ s4 iGrd. a r r from GTE and authorized the installation. A copy of the request is attached hereto. The next matter for consideration was a requisition from r 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 i I~ F f. 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. VOIL l ~t 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 44~m hl'lz~- ' Mary Afin'Ward County Clerk vo d,PAGE.ZA4-. t~ F 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 E e authorized, as described on the attached 4 page(s). E ADOPTED AND APPROVED this the 7th day of November 1995 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. C ' By.. C4&-el caaacv, v ~no.,r-WT F - R Original: County Clerk's Office and attached to the original budget k ! Copies: County Auditor j: County Treasurer Commissioners' Court Minutes _ Budget Amendment File VAS PAGi r • l . / f ~.r~...h~.,. •m.a....-.~:~'• •`~s"-_`.~'-~:.!_'__ _.•`,~ti.::.»_.~~:j1~=.wt.ik.`t11v_~.~.~. AIj~i1~/1r.'.c•_° rdl. .+yC ,/.,~•.A"i .9~~+ ` - t .Kyy~: BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS NO. 94195 - 38 FD DIV ACCT PROJ 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 - • t 1 i ' 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 i s 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 I 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 y »+Z+• y. Yy';7 yry.., !'~•k :n[,, z e~l o t t-• ~r.-'"h~~~;~~:i,~,~; _ PPf~sjMW , i a, f5„ , • ) 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 ' . _ - h_ _••.n1_ •wM.. .-L.-a_a,... L.. .L.nl, ....a.,_... w.-.i\ ..-Mr..~a.. i. • . i t _ 1 ~ - BALANCING TOTAL 518.001 518.00 .r IM-1 r, Sr..±r~ sx.+v.sp, ..i~'Y3!•*~rrr+~`„~"."^ ~---~,~-o.i~~;• r ~ M.ti ~ ~i 11 A l~`Q':~~~4 ~~...'~tJY►`MY~r "~7iT7 ~IVl~/Ql~IM ~l7 0 ~q ' ,icy-,1~ J t tea..". 11 9 r • i 4 c r] 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 , vo L- 44 ._YAaE,14- 7 NO. 95/96-02 .rep~fe ~y: ' ~o aMK% n r cI vY y 1i• ~iil~llii~4y~~ " VOL 1 ~`.'J.e^.►t.a.~~8~ 6 .PAGE..~3d ~f '-=taL=i~.l~~v!' ;4}S:t4t~:.•~~ t' .v • 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. t VOA 6 _PAGE,...M- rp r k i COUNTY'S LIABILITY FOR PAYMENT r r 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; i 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. L t 2 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. f 3 Vn f f~ . •L ' • y .C~ . .w. ~,.t.t del.. • r - k 1 • 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. rj 4 YO PAQ~~ ~ f i t 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. ~t EE F , President VCS AQF 73_S i i ' , I ' j l i ' 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 , i' i t i R E 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 } f i 1 t it Y . 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. J ■ . J1 4.. i 9 i 1 t i ' r i ~I f 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 FOL. PAC 3 p' a ff. 1 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 3 vA PAQ~.9 1-7 f'_ r t )1 1 . 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, F c tt 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. ~U~ &$4% AAMR110\VC1101LLMDM Page of 2 I , i w 3 , i ;V: r C j~. T.~ i 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 n:. VA PAGE C/~'~ /VOTED VIM oid P.~I;a~c2. Rd. 1 ' VIOL Q Ef,. r go' i Yr.pos~d ~ R,o,oJ. ~ a41 Roe,d i I Boca. i- m,< )nr3"-+;n ('Utycr4 n,uurr pan o , ~pprac, 8F- to,,,--Le to merka Rd, i V i k% Ord --).4, road loot e• g else m_~, P-Pe' wdh (p~ water I~nQ, ehe.lASed. ka,~m gy l~nr~our~ \O-7LL-O< .q 11~! I i I: it . } L . I f ' i Y 'r . e.. J .I., October 3, 1995 .fir. ~ • ~ ~ ® 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 AC:cp Attachment 0" G I ~~D rn GTE Service CorporataNA part of C~orpor~jjprL JAME V~ v3 r C c i 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 f ~1 I I rW 4T[ MKD UR[ , [4[114 6n [I110p CAKE r~. K.~ Y r 101( A[EA- t~ 4 MLI-W Su AREA STAIG Tr DIYK01k .,,,y, ewer rtw6%4 REII Co, IM r.E,[AE[ NO-Y IPH PTAX 16E& ITLE, 7A Al R,ys, Vq NIA, SAL. 1•At OATEr[I,tutS r,DATELEir-iW Onul IN11 M 1 Cr I t - .:L:... J.-~..A_,.,a;,,,,.,,c't..~,,.J.a,._ - - rw.'-"'•..._.w•a..,.e...........~......~1..'S..nix • `:.iasr-_ °-~±~-e.~ • GTE Telephone Operations Central Area Engineering Department 301 Industrial Blvd Bryan, Texas 77803 Reply To Bryan, TX October 20, 1995 t r r t, F 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 AC:cp Attachment Ak C / D .x A5 AlvrOV k. ejw I'd 4, A part of GTE Corporatio^ PAGE.... ~0 h THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL •o 01 ...COLLEGE STATION SPCR 5416 W 0 3PO01VC ! g: r ' 2 s V1 0 a a I ~ W o a' ECK rr - - N WUKK LOCATION v ti; O ~4 ,Q' a f ' 1 i . t i~p 1 v it 4 S 9 - - - - - ! !<1 vo g YAGE • ~ .'.f a :'L •Yr..f!- . ..lw r I.~ .Jv.,... - ...h.•''-r.ilw.w:.. ~.1.7.....rs 1::'r ::y..;,r~ x•i .,a. v _ - i.• _ ~-.i~ THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL - . ~~~'~'"rl."~'g'er•""l'^.•'c'tvs*ac{graa.r...r..,.v..-•.-. r ~ -;.•+..,,•.i - , _ • .r+L~y M.r..n• _ ~ _ _ err.. 1YNft 1 4t ;;d tOtD 1 N « u - 2002643 an•in~ • 62002643 (PP) cpeetK> tt•zDZZtz s <3P001VC> M0282225 AEF 12.22 1875' 2423.10 cu"M"2 LIKF 25.22 . d C1.1601.1612 '0 XDD.13.18 C1.1619.1623 X00.24.25 ; . REMOVE I 'i I LOAD Cl.16) 1623 •wsTeri - t 4cn93" zi VW.M T,+ IN1 Lt60t In. 601.1612 rm ' XDO.13.18 fARrpt w I* I IXDO.19.231<361>0 Bob 01.1619.1623 V tt.tet.- XOD.2,-58 P 43POSMt M•zralz . ree' 2421A . AEF a-2z wat•tw i ` 4 CARTER LAKE R a~. E I Ot ~ l ltr4%, N i •a Kit i V 194 • . 1./ 1 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 j ' A~OIriSON (0 COt11Tt NO FILEt tlPl ORWN ENG APRVO PRINT CWA CWA 1 OF = I • 1 • S t a t C~ 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 C y Senior Engineer - OSP 301 Industrial Blvd Bryan, Texas 77803 ,rte V04.I_PAOE t0 A • . f ul COLLEGE STATION SPCR 5416 W O 3P001VC 14 r 3 ~r an MAW - I vol. PAfl~ i L l rt i O-P ~r c~ O , r ,rt~•, h~ O I / M' i /aeo 00 / CL91-6191'1 \ KZ9CK5091-1091'171 1 t I 1 ~ a • i Of7 4101 G7:C 1 , KM ~1►L b/tOK• 1 V i ; ~ via r_ ` 1 i nwu \ '1 i 1 N Zm N N 1 f, /~NNfOmfOlfl ~ 11 , ~ N 1 , CYR v° uxux \ 1 1 ; 1 , I Q 1 ~1 1 ~ 1 1 , 1 \ 1 •+1 T 1 , ~Ipa°,V, h_ 1 pf~ d;p 'mu-aSHRU 110 - PAQF, y ,i 1 --....1~=~. t _ . tom' - I '•'Ls: r, . n ,t i t~•, .c ` • ~t ~ : r ~'i. 1~ ~ _ Z /r~ W ~~YQ Ragg VING F W H ~u4 91¢J t a i a I V ~j W t a ~ g s u ~ S W W 7 u vl d ~ ~c jy ipy~ i • J ~WLLF J S J J { ~ Z Q 'j1 crw% gup Y' 1 1 p J j ~10 ieUl I m 1 1 1 S 1 1 1 , 1 ~ 1 1 1 ~ 1 1=1 1 ~ 1 1 1 1 1 1 I i f 1 d . . I C I { • 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 l • t• f At c; Z i • ~ o . /mil / Apart of GTE Corporation 31..- VOL. ,PAGE._._M 9j ' L • .r t _..(Alr ..may w ~w...• • ..r l,~w...r~ ...~.-..a r~._.-. _ ..c a. . . ..ate 1 S C 2 I i 1 i t i. k: i , I a 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 f~QG A olley enior Engineer - OSP 301 Industrial Blvd Bryan, Texas 77803 •~1 GENERAL TELEPHONE COMPANY NOTICE OF COMMUNICATION LINE INSTALLATION October 20, 1995 VOL_ PAGE y s : t i 7~o 1 BRAZOS C01 1>F" c~a~ V 53 toot 5 Collece 31] Texa.(' MAIN THOROUGHFARES U.S. HI SCHOOLS 51 STATE POINTS OF INTEREST •S FARM PARKS 1P1 i;t CITY Ll SCALE 0 t/2 lum CoPvr4ht MCMLXXV/-■ by Braaot Gtapt r` All nattl starved The work bunt not be cap v WORK LWAV Dd ~ 5413 - 779d ff gP5ob6~-o~°1 oge 001, i~ \.000 20 F t d+` \ COULTER AIRFIELD j CAR BSA INDUST t! PAR a I y!~ E vp 41 ~ i tEw~~► vOL PAO tfll[T~M ` ` A 6f • r I . F.. b i .t~ K~ f~f 1kX t.*w.~,t.,~..n~°7"~^^.~-^-^:++....,-..e-.,....,.~~r,,•^,Z-r- ;1;^+~^n-:^^^:-,r'a,.; c--., ,~^-..Y_ - . _ _ _ . , - . _ FOUROS OR o THE PUMP 778-2329 C2.384 X C3102,151 612ir•62~ * EXCHANGE 778-4613 C2.394 m C3102.155-160 X C3102.152 tp 778-5712 C2.298 X C3102,153 ao th ,W t ~Q 778-5616 C2,385 X C3102,154 tn in 22.9KFT o - o 1152 OHMS 5.84 OB u-) in 6260 ca h~ cr. Ln u ~ m Qv PL 17'X301x18• SPL BOX 7+24 ' % % ell" NOTE PL 17'X30'xl8• SPL Box rPLACE-CABLE IN 16' UTIL EAS 1 0763 SX DROP FRURW NOS OR ATER 409-589-3030 C3102,156-160 6~12/~T 01 jp 1 ~ ` WATER METER 4+67 % i r.! 4+17 3+65 a w so d d Ili 3+65 ' (D TAGGED PO 3 C3 mm Vii[ ti ' BEING CLEARED FOR RETAG L-612 PD 6229 -p .2008760 61Z~T0 (83)5-BLOCK-5 °z CLW NEW CONSTRUCTION C3102.180-164 42286 W CCui 1O ' H CL N M1 84 (83 r 01685 242110 (83) Ni U) Nam t0 WATER METER 3+50 0232225 <r 140'2422.19 ►n0 t j W ~u AEF 25-22 C3f02.151- 3~ NOTE AREA- WORK LOCATED ON 010606 C3f02.t51-175 115 NTS a (J N ELECTRIC ' TEMP BLOCK REMOVE PED 3" 0+00 +25 0+13 X 1 r, 1+80 ' , 62286 (83) 00232250 0+60 BORE 50'PL 80'4'PVC I 5X DROP '2008762 AEF45B-22 to t I m co 'o m ' XDD.1-1 FOURWINDS OR ~r 12 6238 03102.151-200 N ' + + m + + ~ C3102,172-175 1 xpo pp 7 0310 - 7 i PL 17•%30'X18' SPL BOX 2 2 1 5 4 r cc n c ; I ; : 1 1 ®SIl AREA STATE( TK I I ' ' 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 ALV ALV 1 OF 1 r~ I 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, . , _ n . 1._ . , IA. f f 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 a • r f f 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. 3 VoL. pA(3F.,..W7 i Iff , f i \i . -....'i... . . . _ . _ .1 . . 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. VO --PAQO.-6 . S • e= r~ , F I 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 t . 'VA PAGE i a ~J 1 1 1 ; a f f I 1 , f. f~ i ! F r 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 _PAG F.. 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. r F I 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. • 7 vn rj . R F! . C E ~t i F f , r , r r ~ r s ATTEST: Mary Ann Ward County Clerk LESSOR: Jon N. Acklam By: "1n. Q 4..r.. LESSEE: BRAZOS COUNTY By: Alvin NW. Jones County Judge r t r' k l 1 t' 8 vA • PAQ~,.~, t"' 1 ~ J' ~'1~' \ ~ Y Y}' ' ~'t ~ -r ~r ~dbi`a~?•..r~s•'~h-._ . i i. r - t `