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Home My WebLink About1996-04-16-0900AM-Regularf4a 661 PR 1 I P.1 1: 4 9 _ CUM BRAZOS COUNTY BRAD' SS~,</W. TL "'CL'4 I I I rU fJ~~7J~ BRYAN. TEXAS BY7JJ AGENDA BRAZOS COUNTY COMMISSIONERS COURT MEETING THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, APRIL 16, 1996 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 Walker. 2. Pledge of Allegiance - Commissioner Walker. F ((A 4 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 matter 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 - 16: 4. Personnel Change of Status. 5. Payment of claims. 6. Budget Amendment 95/96-23: 7. Proclamation for "Infant lmrrunization Awareness Week in Brazos County." 8. Authorization for purchase of 3.538 acres of land in the John H. Jones Survey and authorization for County Judge to execute documents for purchase of said property. 9. Posting of a speed limit for Timberline Drive in Precinct 1 in accordance with the Public Hearing conducted April 9, 1996. 10. Habitat enhancement project for the Brazos Center as proposed by the Texas Parks and Wildlife Department. 11. Authorization for Constable Duane Peters to appoint two non-paid, regular deputy constables. 12. County Attorney's request to lease equipment. 13. Request from Wickson Creek Special Utility District to place a road bore/parallel installation in the right-of-way of Dick Elliott Road approximately 0.2 mile from its intersection with FM 2776. Site is located in Precinct 2. V L Pa. I~ Commissioners Court Meeting Agenda April 16, 1996 Page Two • 14. 15. 16. 17. 18. 19. 20. 21. Installation of Fiber Optic Cable Connection to City of Bryan. Amendment to Purchasing Policies and Procedures regarding change orders. Blanket purchase orders for various departments. Call for citizen input and/or concerns. Announcement of interest items and possible future agenda topics. Call for Executive Session in accordance with Section 551.074 of the Texas Open Meetings Act regarding personnel matters. Consider and take action on Executive Session. Adjourn. The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements, call (409) 361-4102. VOL I. i 11 COMMISSIONERS' COURT 6 REGULAR MEETING APRIL 16, 1996 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, April 16, 1996, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Sandie Walker, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Ruth McLeod Susan Gandy John Reynolds Cheryl Turney Kay Hamilton Richard Vance Linda Muegge Ray Crow Bobby Riggs Marijane Deen Sok Woo Yoon Bill Jeanes Ed Dobbins J. M. Kuboviak Ken E. Bost Duane Peters Sheila Walker Phillip Meuret- Charles H. Ellis, Jr. Tony Jones Patricia Meronoff Executive Assistant Secretary to County Judge Auditor Purchasing Treasurer County Engineer Road & Bridge Road & Bridge Sheriff Computer/Network Services Computer/Network Services Risk Management Bldg. Maintenance County Attorney Health Department Constable Pct 4 Brazos Center Road & Bridge Rural Fire Prevention Dist. #1 Brazos County Resident Bruchez, Goss et al Commissioner Walker gave the invocation and led the pledge of allegiance. Under citizen input and/or concerns, Charles. Ellis, President of the Precinct 1 Fire Prevention District presented the annual report and gave an overview of the district. The Court proceeded to consider the change of status of .1 the following employees. NAME DEPARTMENT REASON Blanker, Brett S. Road & Bridge New Employee Wetteman, Kay K. Purchasing New Employee VOL u+.:L+a= ..L~~:~..~f, "t.a....:-._..s.u.LLwlai~a,r..~.W~_a',yJ•,b:.y~. ...~~..u. On motion by Commissioner Norton, seconded by Commissioner Walker on, the Court voted unanimously to approve the changes as submitted. The Court next considered the purchase of 3.538 acres of • land in the John H. Jones Survey and authorization for the County Judge to execute the documents for the purchase of the land. Patricia Meronoff, legal counsel, pointed out the following problems: a) No clear title on 60 feet or approximately 1.03 acres b) County will not own mineral rights c) The owner (Stewart) has not released surface rights d) The building on the property encroaches on the adjoining tract She then went on to point out that the County had two (2) options: 1) Delay closing until it is ascertained if the Stewarts will release the surface rights or • • 2) Do not purchase the property. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to authorize the purchase of 3.538 acres of land in the John H. Jones Survey and authorize the County Judge to execute the documents for the purchase of said property. The property to be purchased from Merion Ellis. The Court next considered the following Claims as submitted by the County Treasurer for payment: 96-005877 through 96-006094 On motion by Commissioner Walker, seconded by Commissioner Sims, the Court voted unanimously to approve the Claims as submitted. The Court next considered Budget Amendment #95/96-23, which would transfer funds from contingency to Court and Jury Services and reallocate funds budgeted for the elections department. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to reallocate funds within the Court and Jury Services budget rather than transfer them from contingency and approve the budget s ' w VOL ~ PAOR.,,1L ffsm t I 4 1 `E T f, i r C } M r i i amendment for Elections as submitted. A copy of which is attached hereto. The County Judge read aloud a Proclamation designating the week of April 21 through 27, 1996 as "Infant Immunization Awareness Week". The Court joins with local businesses, government agencies and service groups to spread the immunization message throughout the community. On motion by Commissioner Sims, seconded by Commissioner Cauley the Court moved to proclaim the week of April 21 through 27, 1996 as "Infant Immunization Awareness Week" throughout Brazos County. The next matter for consideration was the posting of a speed limit for Timberline Drive in Precinct 1 in accordance with the Public Hearing conducted April 9, 1996. On motion by Commissioner Norton, seconded by Commissioner Walker, the Court voted unanimously to post the speed limit on Timberline Drive between Dowling Road and Hunter Creek at 45 miles per hour. The Court next considered a habitat enhancement project for the Brazos Center as proposed by the Texas Parks and Wildlife Department. Commissioner Sims thanked both Ruth McLeod and Sheila Walker for research assistance into the original grant papers. In a memo to the Court, Sheila Walker, Director of the Brazos Center, said that she had evaluated the Wildscape Project and determined by creating a Wildscape to enhance the natural habitat of the park would reinforce the mission of the park and that it would not create any new maintenance problem for the grounds crew. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court r t' i voted unanimously to authorize habitat enhancement project for the Brazos Center as proposed by the Texas Parks and Wildlife 9 Department. The Court next considered a request from Constable Precinct 4, Duane Peters, to.appoint Edward L. Diguardi and Michael R. Mathis as non-paid, regular Deputy Constables. On motion by Commissioner Norton, seconded by Commissioner VA i • • u Cauley, the Court voted unanimously to approve the request from Constable Peters to appoint Edward L. Diguardi and Michael R. Mathis as non-paid, regular Deputy Constables. The next matter before the Court was consideration of a request submitted by the County Attorney to lease equipment from the Department of Transportation. In a memo to the Court the County Attorney asked that the county lease the equipment with grant funds and then at the end of the lease period purchase the equipment. Commissioner Sims asked why the state couldn't purchase the equipment. He was informed that the state did not want the equipment on its inventory. The County Judge then moved to approve the request from the County Attorney. Commissioner Walker seconded the motion. Commissioners Norton, Walker, Cauley and the County Judge voted "Aye". Commissioner Sims voted "No". The motion carried. The Court next considered the request from Wickson Creek Special Utility District to place a road bore/parallel installation in the right-of-way of Dick Elliott Road approximately 0.2 mile from its intersection with FM 2776. 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 from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The next matter before the Court was the proposed installation of a fiber optic-cable connection to the City of Bryan. In a memo to the Court the County Engineer explained the benefits for the Road and Bridge department GIS mapping system. This was further explained in a memo from the Computer Network Services to the County Engineer. On motion by Commissioner Walker, seconded by Commissioner Cauley, the Court voted unanimously to authorize the installation and fund it from Road and Bridge Capital Expenditures funds. VOL The Court next considered an amendment to the Purchasing Policies and Procedures regarding change orders. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the following procedure: The Purchasing Department shall be responsible for issuing all change orders. The Purchasing Department may approve change orders for $50.00 or ten (10) percent of the original purchase order amount (whichever is greater). Any change request greater that $500.00 shall require an additional requisition approved prior to the change order being issued. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to approve the following blanket purchase orders: Safety-Kleen $ 500.00 R&B Ron's Ace Ha. 300.00 R&B Goodyear Com 1,250.00 R&B Goodyear Aut 1,250.00 R&B Furrows 1,000.00 R&B Producers Co Op 2,500.00 R&B Batson Tire 4,000.00 R&B Vor-Tex Indust 2,500.00 R&B Bell-Barcelo 1,000.00 R&B Bryan 800 Co 800.00 R&B Quality Pontiac 3,000.00 R&B Hydraulic Works 2,000.00 R&B Tom Light Chevy 1,500.00 R&B Cook's Auto 3,000.00 R&B Bryan welding 3,000.00 R&B Brazos Parts 1,500.00 R&B Bryan Outboard 1,000.00 R&B Bryan Hose & Gask 1,000.00 R&B Energy Battery 1,500.00 R&B Bailey Oxygen 3,000.00 R&B Brazos Valley 2,000.00 R&B Acme Glass 700.00 R&B Ace Bolt & Screw 700.00 R&B Bob Barker Co. 1,500.00 Juv Services Quill Corp 900.00 Juv Services Advant. Rent a Car 900.00 Juv Services R. Criswell Co. 600.00 Brazos Cntr Century Papers 1,000.00 Jail Diversey Corp. 3,500.00 Jail Apollo Paper Co. 2,500.00 Jail Ecolab 1,000.00 Jail Bob Barker Co. 1,000.00 Jail Drummond Am Corp 2,500.00 Jail Cain's Coffee Co. 600.00 Jail Marshall Fields 1,000.00 BVNTTF P/M Lube Center- 1,000.00 Sheriff Pete's Exxon 1,000.00 Sheriff Microage, Inc. 2,000.00 CNS Computerland 2,000.00 CNS Bryan Paint & G1'' 1,000.00 Bldg Maint Fountain Bldgs 2,000.00 Bldg Maint Dealers Electric 1,000.00 Bldg Maint Valley Valv & Pipe 1,000.00 Bldg Maint Progress Supply 1,000.00 Bldg Maint Johnson Supply 1,000.00 Bldg Maint Comfort Supply 1,000.00 Bldg Maint AAA Overhead Door 1,000.00 Bldg Maint Pemeco 1,000.00 Bldg Maint VOIL f I~ ~ f I, r There was no citizen input and/or concerns. The County Judge made the following announcements: 3 1) Asked Court to consider participation in promotion of the Presidential Corridor 2) Stated he had driven three (3) cars that were • turned in by the Sheriff's Department and claimed they were in good shape. Suggested y that County use these to replace some that are in worse shape. Commissioner Sims asked the right-of-way agent to look at one to see if it is better than what she is driving. o a 3) Said that budget for fire protection is 85% spent and that the account will need adjusting 'l Commissioner Sims made the following announcement: 1) He and Commissioner Cauley will be attending Council of Urban Counties meeting in Conroe and has a list of nine (9) committees he would like the members of the Court to sign up for. At 9:59 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in closed j executive session to discuss personnel as allowed under h Section 551.074 of the Texas Open Meetings Act. s At 10:18 a.m. the County Judge announced the meeting open • to the public and stated that no action would be taken on the closed session. There being no further business to come before the • Court, i the meeting was adjourned. d • VC) E'BE i i t i The foregoing minutes of the Commissioners Court meeting held April 16, 1996 have been examined and are approved in open Court this the Std- day of 19 gG , in Bryan, Brazos County, Texas. Alvin W. Jones County Judge , - 0- - Z' /'i andie ker commission , Precinc 'MM ' a%= - - L Carey C uley, Jr. Commis ioner, Pre inc 4 iA. Gary No on Commi oner, Precinct 1 oner, Precinct 3 AgA a~ Mary Arvh Ward County Clerk Q' • • • ' w• I' I t BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1995-1996 BUDGET YEAR NO. 95/96-23 On this the 16th day of April 1996 at a special meeting of the 1 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 April 16, 1996, 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 16th day of April 1996 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. 4 By: Alvin W. Jones, County Judge F Original: County Clerk's Office and attached to the original budget ti Copies: County Auditor ' County Treasurer Commissioners' Court Minutes Budget Amendment File v01, ly i i 1 Y • ' i - , . . i I I i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS a NO. 95196 - 21 FD DIV ACCT PROJ ACCOUNT NAME Dr Cr 01 210020 110100 Advertising - Legal Notices 20.00 01 210020 715060 Rental - Office Space 20.00 Elections - To reallocate line item budget to allowfsor expentiture overrun of election notices. BALANCING TOTAL 20.00 20.00 i .i 'i t F > 6' Date: 4h21Z3, Id 161r u._.`.......-~ .-.....a.. _w..LL..a. ...c.....«..... _.:_L. .•.~r.`..+i.atY~r._.-..,.-i71..:,.:.4.'s.•'1«- - - '-sa:./..L.~L~~...._J..2...w:.,..L..r.....,....G ...w...._. W-L... .J. _ A • • EQUIPMENT LEASE DATE: " T i LESSEE: BRAZOS COUNTY ADDRESS: 300 E 26th, Bryan, Texas 77803 LESSOR: VIDEO SYSTEMS PLUS ADDRESS: 3723 East 29th, Bryan, Texas 77802 Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor the following described personal property (hereinafter with all replacement parts, additions, repairs and accessories incorporated therein and/or affixed thereto, referred to as "equipment"): 8 MM compact VCR miniature B&W pinhole camera wired microphone with amplifier 2 - 200 mah no mem batteries body harness mounting plates for mounting equipment to harness battery charger TERM: This lease is for a term of six (6) months, beginning April 1. 1996 and ending September 30, 1996 RENTALS: For said term or any portion thereof, Lessee shall pay to Lessor six (6) monthly rental amounts in equal, successive, monthly rental payments of $262.00 each, of which the first is due April 1, 1996 and the others on the same date of each month thereafter, until fully paid. VOt-_ t 1 REPAIRS: Lessor shall not be obligated to make repairs or replacements; Lessee shall not incur for Lessor's account or liability any expense therefor without Lessor's written consent. Lessee shall inspect the equipment within 72 hours after its receipt; unless within said time Lessee notifies Lessor, stating the details of any defects, Lessee shall be conclusively presumed to have accepted the equipment in its then condition. Thereafter Lessee shall effect and bear the expense of all necessary repairs, maintenance and replacements not covered by manufacturer's warranty. TAXES: Lessee shall comply with and conform to all laws and regulations relating to the ownership, possession, use or maintenance of the equipment, and save Lessor harmless against actual or asserted violations, and pay all costs and expenses of every character occasioned by or arising out of such use. Lessee is a tax exempt entity. TITLE: All said equipment shall remain personal property, and title thereto shall remain in Lessor exclusively, Lessee shall keep the equipment free from any and all liens and claims, and shall do or permit no act or thing whereby Lessor's title or rights may be encumbered or impaired. Upon expiration or termination hereof, the equipment shall be returned unemcumbered to Lessor by Lessee at Lessee's sole expense and in the same condition as when received by Lessee, reasonable wear and tear resulting from proper use thereof alone excepted. FULL AGREEMENT: No oral agreement, guaranty, promise condition, representation or warranty shall be binding; all prior conversations, agreements or representations related hereto and/or to said equipment are integrated herein. No modification hereof shall be binding unless in writing by Lessor. POSSESSION: Lessor covenants to and with Lessee that Lessor is the lawful owner of said equipment free from all encumbrances and that, conditioned upon Lessee's performing the conditions hereof, Lessee shall peaceably and quietly hold, possess and use the equipment, during said term without let or hindrance. ASSIGNMENTS: Neither this lease nor Lessee's rights hereunder shall be assignable except with Lessor's written consent; the conditions hereof shall bind any permitted successors and assigns of Lessee. If Lessor assigns the rents reserved herein or all or any of Lessor's other rights hereunder, assignee's rights shall be independent of any claim of Lessee against Lessor; Lessee on receiving notice of any such assignment shall abide thereby and make payments as may therein be directed. Following such assignment the term "Lessor" shall be deemed to include or refer to Lessor's assignee. VOL 00 k34 r' IN • I CONTINUATION OF LEASE: The Lessee may, by notice in 'writing to the Lessor at is principal place of business given not less than ten (10) days prior to the expiration of this lease, continue to rent said equipment at a monthly rental of $262.00 payable in advance under the same provisions as herein before enumerated. OPTION TO PURCHASE: Upon the expiration of the term of this lease, on September 30, 1996 , Lessee shall, in the event that Lessee has complied with all the terms and conditions of this agreement, have the right to purchase said equipment for the sum of $200.00. The purchase price is to be paid to Lessor by Lessee within 15 (fifteen) days of that date. LESSEE: BRAZOS COUNTY BY: TITLE: 4.v4ar7' AVxL • BY: -2/*_ - III ACCEPTED BY LESSOR: VIDEO YSTEMS PLUS TITLE: J • 11 - f VUL L. PAO f 's ` 41 4' t kf Yfe• _ Imo, ^h ~ ~ I EQUIPMENT LEASE 1 DATE : ""1 - - -1 (O LESSEE: BRAZOS COUNTY ADDRESS: 300 E. 26th, Bryan, Texas 77803 LESSOR: VIDEO SYSTEMS PLUS ADDRESS: 3723 East 29th, Bryan, Texas 77802 Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor the following described personal property (hereinafter with all replacement parts, additions, repairs and accessories incorporated therein and/or affixed thereto, referred to as "equipment"): 1 Sony VCR - EVO 220 1 Citizen. 3" monitor '1 nady remote transmitter with receiver 2 12 volt rechargeable batteries Model PS-1230 with charger 1 B/W pinhole camera 1 VCR player; Sony EV-C200 wiring harness necessary for operation TERM: This lease is for a term of six (6) months, beginning April 1. 1996 and ending September 30. 1996 RENTALS: For said term or any portion thereof, Lessee shall pay to Lessor six (6) monthly rental amounts in equal, successive, monthly rental payments of $240.83 - each, of which the first is due April 1. 1996 and the others on the same date of each month thereafter, until fully paid. Vol, • REPAIRS: Lessor shall not be obligated to make repairs or replacements; Lessee shall not incur for Lessor's account or liability any expense therefor without Lessor's written consent. Lessee shall inspect the equipment within 72 hours after its receipt; unless within said time Lessee notifies Lessor, stating the details of any defects, Lessee shall be conclusively presumed to have accepted the equipment in its then condition. Thereafter Lessee shall effect and bear the expense of all necessary repairs, maintenance and replacements not covered by manufacturer's warranty. TAXES: Lessee shall comply with and conform to all laws and regulations relating to the ownership, possession, use or maintenance of the equipment, and save Lessor harmless against actual or asserted violations, and pay all costs and expenses of every character occasioned by or arising out of such use. Lessee is a tax exempt entity. • • TITLE: All said equipment shall remain personal property, and title thereto shall remain in Lessor exclusively, Lessee shall keep the equipment free from any and all liens and claims, and shall do or permit no act or thing whereby Lessor's title or rights may be encumbered or impaired. Upon expiration or termination hereof, the equipment shall be returned unencumbered to Lessor by Lessee at Lessee's sole expense and in the same condition as when received by Lessee, reasonable wear and tear resulting from proper use thereof alone excepted. FULL AGREEMENT: No oral agreement, guaranty, promise condition, representation or warranty shall be binding; all prior conversations, agreements or representations related hereto and/or to said equipment are integrated herein. No modification hereof shall be binding unless in writing by Lessor. POSSESSION: Lessor covenants to and with Lessee that Lessor is the lawful owner of said equipment free from all encumbrances and that, conditioned upon Lessee's performing the conditions hereof, Lessee shall peaceably and quietly hold, possess and use the equipment, during said term without let or hindrance. ASSIGNMENTS: Neither this lease nor Lessee's rights hereunder shall be assignable except with Lessor's written consent; the conditions hereof shall bind any permitted successors and assigns of Lessee. If Lessor assigns the rents reserved herein or all or any of Lessor's other rights hereunder, assignee's rights shall be independent of any claim of Lessee against Lessor; Lessee on receiving notice of any such assignment shall abide thereby and make payments as may therein be directed. Following such assignment the term "Lessor" shall be deemed to include or refer to Lessor's assignee. r% AAK,4i!;L~ VOL.L.-irdr,ulow II CONTINUATION OF LEASE: The Lessee may, by notice in writing to the Lessor at is principal place of business given not less than ten (10) days prior to the expiration of this lease, continue to rent said equipment at a monthly rental of $240.83 payable in advance under the same provisions as herein before enumerated. OPTION TO PURCHASE: Upon the expiration of the term of this lease, on September 30. 1996 , Lessee shall, in the event that Lessee has complied with all the terms and conditions of this agreement, have the right to purchase said equipment for the sum of $200.00. The purchase price is to be paid to Lessor by Lessee within 15 (fifteen) days of that date. LESSEE: BRAZOS COUNTY TITLE: Wll.s,►~~I .Ju»~,_ [ a ACCEPTED BY LESS VIDEO YSTEMS PLUS ell BY: TITLE:- -:AtWAL ~ kfbC~~ 4 t I f , h P ' r • s • ~ r VOL 71 ..._..y EQUIPMENT LEASE / DATE:- LESSEE: BRAZOS COUNTY ADDRESS: 300 E. 26th, Bryan, Texas 77803 LESSOR: BRYAN 800 COMMUNICATIONS ADDRESS: P. O. Box 4825, Bryan, Texas 77805 Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor the following described personal property (hereinafter with all replacement parts, additions, repairs and accessories incorporated therein and/or affixed thereto, referred to as "equipment"): 1 RMV 60B mobile Relm radio, 45 channel 60 watt output, including installation TERM: This lease is for a term of six (6) months, beginning April 1, 1996 and ending September 30, 1996 RENTALS: For said term or any portion thereof, Lessee shall pay to Lessor six (6) monthly rental amounts in equal, successive, monthly rental payments of C78 84 each f wh'ch the rt first is due April 1. 1996 and the others on the same date of each month thereafter, until fully paid. •I 'I u e L - j ~j f r 1 h REPAIRS: Lessor shall not be obligated to make repairs or replacements; Lessee shall not incur for Lessor's account or liability any expense therefor without Lessor's written consent. Lessee shall inspect the equipment within 72 hours after its receipt; unless within said time Lessee notifies Lessor, stating the details of any defects, Lessee shall be conclusively presumed to have accepted the equipment in its then condition. Thereafter Lessee shall effect and bear the expense of all necessary repairs, maintenance and replacements not covered by manufacturer's warranty. TAXES: Lessee shall comply with and conform to all laws and regulations relating to the ownership, possession, use or maintenance of the equipment, and save Lessor harmless against actual or asserted violations, and pay all costs and expenses of every character occasioned by or arising out of such use. Lessee is a tax exempt entity. TITLE: All said equipment shall remain personal property, and title thereto shall remain in Lessor exclusively, Lessee shall keep the equipment free from any and all liens and claims, and shall do or permit no act or thing whereby Lessor's title or rights may be encumbered or impaired. Upon expiration or termination hereof, the equipment 'shall be returned unemcumbered to Lessor by Lessee at Lessee's sole expense and in the same condition as when received by Lessee, reasonable wear and tear resulting from proper use thereof alone excepted. FULL AGREEMENT: No oral agreement, guaranty, promise condition, representation or warranty shall be binding; all prior conversations, agreements or representations related hereto and/or to said equipment are integrated herein. No modification hereof shall be binding unless in writing by Lessor. POSSESSION: Lesser covenants to and with Lessee that Lessor is the lawful owner of said 'equipment free from all encumbrances and that, conditioned upon Lessee's performing the conditions hereof, Lessee shall peaceably and quietly hold, possess and use the equipment, during said term without let or hindrance. ASSIGNMENTS: Neither this lease nor Lessee's rights hereunder shall be assignable except with Lessor's written consent; the conditions hereof shall bind any permitted successors and assigns of Lessee. If Lessor assigns the rents reserved herein or all or any of Lessor's other rights hereunder, assignee's rights shall be independent of any claim of Lessee against Lessor; Lessee on receiving notice of any such assignment shall abide thereby and make payments as may therein be directed. Following such assignment the term "Lessor" shall be deemed to include or refer to Lessor's assignee. H \ ..........r...`.+...rw..W...+.:.n.....,.niw.. '-,ar:-- - _ - "~S•~ °'"-`a- - _ - ~ - - LEA.h+L.i.ids.r•..~..~a:,..L'.i..s+..,....._.~.._ _ ~ . .a . • CONTINUATION OF LEASE: The Lessee may, by notice in writing to the Lessor at is principal place of business given not less than ten (10) days prior to the expiration of this lease, continue to rent said equipment at a monthly rental of $78.84 payable in advance under the same provisions as herein before enumerated. OPTION TO PURCHASE: Upon the expiration of the term of this lease, on September 30, 1996 , Lessee shall, in the event that Lessee has complied with all the terms and conditions of this agreement, have the right to purchase said equipment for the sum of $200.00. The purchase price is to be paid to Lessor by Lessee within 15 (fifteen) days of that date. 0 ~ LESSEE: BRAZOS COUNTY BY: TITLE: ~vru,-~ ~unir. ACCEPTED BY LESSOR: BRYAN 800 BY: TITLE: r S r~t•~ '7/ r f G 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 (appllcant)gickson Crta-Ak A-11-n- proposes to place a (type) water line across&within the right-of-way of (road). Dick Elliott 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. I 7. That all sites will.be barricaded during the construction period. Construction of this line will begin on or after (date) 15th day of April 19 96 Firm: Wicks 2n Creek, S.U.D. By. Kent Watson Title: General Manager Address: P. o. Box 4756 Bryan, Texas 77805 Phone: 409-589-3030 APPROVED BY COMMISSIONERS' COURT ON: 1 Date Alvin . Jones County Judge i 1 i a i VOL S.. d P QK- 4 1-5 • S I i C . • T k „ , I F N F e ~ i L n ~ I L c e V) I C T q r •L t RI " {~I ,gG . GrE Su$ STR~oN O r. Fenr~, L',n ~ i FM Cl 4 s t e i M P~o~rrf Z8 tare. us~n9 ~ PvC enca.`rzm~n~ p,~e ~~t•r 4 Ten' n~ c•' and wo-40'ex}ens1 on %,I ~Oun+y f brawn b%I Ann N/ounq V. CHANGE ORDERS i ( A. The Purchasing Department shall be responsible for issuing all change orders. The ! Purchasing Department may approve change orders for $50.00 or ten (10) percent of the original purchase order amount (whichever is greater). Any change request greater than $500.00 shall require an additional requisition approved prior to the change order being issued. x ~ fc~ ' trG _ S f -17