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HomeMy WebLinkAbout1998-10-20-0900AM-RegularFILED • BR.AZOS COUNTY BRYAN. TEXAS AGENDA ca nrT PN 2: C~:E By BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, OCTOBER 20,1998 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 Cauley. 2. Pledge of Allegiance - Commissioner Cauley. • 3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens wishing to address the Court on county-related issues not scheduled on the agenda. Please limit subject 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 - 20: 4. Personnel Change of Status. 5. Payment of Claims. 6. Contract with the Brazos County Rape Crisis Center, Inc. 7. Request for out-of-state travel by Agricultural Extension Office for Eric Zimmerman to travel to Louisville, Kentucky to chaperon the National Qualifying Livestock Judging Team at the North American International Livestock Exposition. 8. Recurring Payment Requests for: a. Leonard's Cleaning Service (for Justice of the Peace/Constable, Precinct 6) 9. Request by Brazos Valley Narcotics Task Force to submit application to participate in the Texas 1033 Surplus Property Program. • 10. Lease Agreement with The Harvey Community Foundation for storage space for Road & Bridge equipment. 11. Contract with the College Station Hilton Hotel for rooms for training for the Sheriffs Department. 12. Request for out-of-state travel by the Metropolitan Planning Organization for Mike Parks to participate in a Rural Transportation Planning Conference in Denver, Colorado, November 17-18,1998. -75 _ La.. ..w`.J. u. J.S..-l .aA..w .1..... - - .+....t ]_.y.-•...~~.... ~ ~l M w.- _ J . t ,r Commissioners Court Meeting Agenda October 20, 1998 Page Two 13. Request for out-of-state travel by the District Clerk to attend an Electronic Filing Regional Conference on November 5,1998 in Anaheim, California. 14. Waiver of requirement for 60 day notice by the City of Bryan for a public hearing regarding establishment of a reinvestment zone for tax increment financing. 15. Designation of a County representative to participate with the City of Bryan in the establishment of a reinvestment zone for tax increment financing. 16. Blanket Purchase Order for the County Clerk's Office to Engineering & Office Supply for $500.00. 17. Approval to advertise the following bids: a. Repair and recover roof on Minimum Security Jail and Health Department b. Computer replacement for Computer & Network Services 18. Acceptance of Warranty Deed from Jean Stephen on improvements to Greens Prairie Road located in Precinct 3. 19. Request from Wickson Creek Special Utility District to construct a 30 feet road bore for water line installation in the right-of-way of Harris Lane approximately 1.0 mile from its intersection with North FM 2038. Site is located in Precinct 2. 20. Recommended list of Presiding and Alternate Election Judges. 21. Presentation of the Quarterly Delinquent Tax Report 22. Announcement of interest items and possible future agenda topics. 23. Call for citizen input and/or concerns. 24. Adjourn. f The Courthouse is wheelchair accessible. Handicap parldng spaces are available. Any request for sign interpretive services must be made two business days before thg meeting. To make arrangements, call (409) 361-4102. VOL a T T 1 J I i 1 • COMMISSIONERS' COURT REGULAR MEETING OCTOBER 20, 1998 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, October 20, 1998, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Wm. S. Thornton, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. • Attached is a list of the citizens and officials in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. Under citizen input and/or concerns Commissioner Sims, County Engineer, Richard Vance and Emergency Management Coordinator, Fred Forsthoff reported on road conditions created during the recent rains. The Court proceeded to consider the change of status of the following employees. NAME Miller, Kathy Corbett, Reva L Orozco, Sonia Horn, Mary Boyett, George West, Nezzie L Armstrong, Scott T Marrow, James P Matejka, Derik Conerway, Ronette Green Debra Jackson, Woodrow Lyon, Lisa Ramsey, Timothy Kuboviak, James •t iS ~t DEPARTMENT 272 Dist Court Juvenile Crt Ref Juvenile Crt Ref JP 2 JP 6 SO/Jail Constable Pct 1 Constable Pct 2 Constable Pct 3 Juvenile Serv. Juvenile Serv. Juvenile Services Juvenile Services Juvenile Services County Attorney REASON Sal Supplement PT to FT PT to FT Inc Salary Inc Salary New Employee Dec Salary Inc Salary Inc Salary New Employee Change Hours Salary Increase Reclassified New Employee Inc Salary on motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. Arz VOL •c . T . y, Commissioners Court meeting October 20, 1998 2 The Court next considered the following Claims as submitted by the County Treasurer for payment: 99-000461 through 99-000696 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. 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 provide 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 fiscal year 1998-1999. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the Brazos County Rape Crisis Center. 4 copy of the contractual agreement is attached hereto. Commissioner Thornton asked if anyone in the County reviewed their performance. The next matter for consideration by the Court was a request submitted by the Agricultural Extension Agent seeking approval for out of state travel for County Extension Agent Eric Zimmerman. Mr. Zimmerman would be traveling to Louisville, Kentucky to chaperon the National Qualifying Livestock Judging Team at the North American International Livestock Exposition during the week of November 13 through the 18, 1998. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to grant the request from the Extension Agent and approved payment of out of state travel expense for Mr. Eric Zimmerman. The Court next considered authorizing the Auditor's office to process recurring payment requests for the following: a) Leonard's Cleaning Service for JP and Constable Pct. 6 offices $2,880 VO 5' i Commissioners Court meeting October 20, 1998 3 • • r~ I On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to authorize the Auditor's office to process the previously noted recurring payment. The next matter before the Court was an application by the Brazos Valley Narcotics Task Force to the Texas 1033 Surplus Property Program. This property is transferred from the department of defense. It must be used for street law enforcement, arrest and apprehension. It cannot be disposed of, sold, bartered or transferred without prior notification. On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to authorize the application to the Texas 1033 Surplus Property Program and to grant the Task Force the authority to screen for excess federal property. The Court next considered renewal of a lease agreement between Brazos County and the Harvey Community Foundation of Brazos County for the lease of land for storage of Road and Bridge equipment and supplies. Term.of the lease is for the period of one year commencing on October 1, 1998 and ending on September 30, 1999. The terms, agreements, covenants and conditions contained in the original Lease are binding upon and shall insure the benefit of the parties hereto and their respective successors and assigns. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to renew the lease agreement between Brazos County and the Harvey Community Foundation. A copy of the lease agreement is attached. Item number 11, the contract with the College Station Hilton Hotel for rooms for training for the Sheriff's Department was removed from the agenda at the request of the Sheriff's office. The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Officer seeking approval for out of state travel for himself. Mr. Parks would be traveling to Denver, Colorado to participate in the Rural I v1U 15 717 Commissioners Court meeting October 20, 1998 4 Transportation Planning Conference conducted by the Federal Highway Administration November 17-18 1998. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to grant the request from the Metropolitan Planning Officer and approved payment of out of state travel expense for Michael Parks. The next matter for consideration by the Court was a request submitted by the District Clerk seeking approval for out of state travel for himself. Mr. Hamlin would be traveling to Anahiem, California to attend an "Electronic Filing Regional Conference" on Thursday, November 5, 1998. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to grant the request from the District Clerk and approved payment of out of state travel expense for Marc Hamlin. The Court next considered a waiver of requirement for 60 1 day notice by the City of Bryan for a public hearing concerning the establishment of a reinvestment zone for tax increment financing. This is being done for the purpose of encouraging redevelopment and is pursuant to the Tax Increment Financing Act. On motion by Commissioner Jones. seconded by Commissioner Sims, the Court voted unanimously to waive the requirement for 60 day notice by the City of Bryan for a , public hearing. On motion by the County Judge, seconded by Commissioner Thornton and Cauley, the Court voted unanimously to designate Randy Sims as the County representative to participate with the city of Bryan in the establishment of a reinvestment zone for tax increment financing. The Court proceeded to consider the following blanket r Purchase Order: EOS Co. Clerk $ 500 r On motion by Commissioner Jones, seconded by Commissioner r 4 Sims, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. a Commissioners Court meeting October 20, 1998 5 • The next matter for consideration was approval for the Purchasing Agent to advertise for the following bids: a) Repair and recover roof on Minimum Security Jail and Health Department b) Computer replacement for Computer & Network Services on motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids. The Court next considered acceptance of a Warranty Deed for right-of-way on Greens Prairie Road in Precinct 3. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Warranty Deed from Jean Stephen for the expansion and improvements to Greens Prairie Road. • The Court next considered the request from Wickson Creek Special Utility District to construct a 30 feet road bore for water line installation in the right-of-way of Harris Lane approximately 1.0 mile from its intersection with North FM2038. 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 Thornton, seconded by Commissioner Jones, 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. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to appoint the following persons as presiding judge and alternate judge for the current voting year at the following voting precincts: Pct Election Judge Alternate Judge 5 Helen West 8 Ada Holler 13AB Cynthia Rice 16/52 Minnie Davila 18ABC Marion Haynes 23 Lucy Smith VOL Commissioners Court meeting October 20, 1998 6 Pct Election Judge Alternate Judge 28B Peggy Watson 29/62/64/ , 69/70 Ruby Ellis 35 Bobbie McGuire 38/44/46/ _ 51AB Aretha Thomas 42/60/77 Lanell Leonard 45/19/66/ 81 Evelyn Greer 53/54/55 Mildred Kennedy The Court next heard a presentation of the Quarterly Delinquent Tax Report given by Shelbourn Veselka, representing the firm of McCreary, Veselka, Bragg & Allen. The County Judge made the following comment: 1) He is considering using the services of a judge in Austin to conduct mental hearings for patients. Commissioner Sims made the following comment: 1) There wi•11 be an Open House at the new Juvenile Detention facility today from 2:00 p.m to 4:00 p.m.. There being no further business to come before the Court, the meeting was adjourned. i 7 The foregoing minutes of the Commissioners Court meeting held October 20, 1998 have been examined and are approved in open Court this the 2(1n0 day of in Bryan, Brazos County, Texas. Alvin W. Jone County Judge i 47m. S. Thornton Commissioner, Precinct No. 2 C fey Cauxey, Jr. Commissi her, Precinct No. 4 01 1 0 To J es" Commi sioher, Precinct N . 1 Randy ims Come ssioner, Precinct No. 3 Mary n Ward County Clerk c Ale 'je j & 4, ~a&,fF 1-nl~nVl, l Q.e. deZY) t Us' Si /yla,n 7~ -~anai,l }o-n, TYp{~ VOL .....ems,. T BWOS COUNTY COMMISSIONERS/ FETING ON -rge.S• ~C G b 99~ AT / A.M./PO. C~ • • I October 7, 1998 Judge A. Jones Brazos County Commissioner's Court Brazos County Courthouse Bryan, Texas 77803 Dear Judge Jones: On behalf of the Board of Directors, staff and volunteers of the Brazos County Rape Crisis Center, I would like to thank you and the county commissioners for your continued support of the center and the approval of our $13,000 funding request for Fiscal 1999. I am attaching an original contract. Please return a copy to me for our files. Again, thank you for your support. Awsjoi 470-U,14 Xapv e.4iiij e-CA19h, 9AC. tAkRiAhaim 1913 p A Bor J611. B.tyaw. Jx 7710S (4091068- 7273 1-800-922-7273 (409) 260-4542 Fax Web Site: httPY1rapecnsis txcyber coin £-Mail- bcrccScy-net.nel Boa rd oB o todOAJ Sincerely, EXECUTIVE BOARD MEMBERS- Anne WehrIq, PhD., Pre west Bank Came Mines. Vice President. No No►west Bank nk Sandi Ostman, Secretary Lind Castoria Mildred Crane. Treasurer PROFESSIONAL BOARD MEMBERS: A6M PD Bob we Bill TuDirector of ner. Dist Attoo ney cc: Anne Wehrly, President Lee Freeman, Chef of Police. Bryan PO Chris Kirk, BC Sheriff Sue Ann Palmore, TX Dept of Human Services Bobby Riggs, Retired Law Enforcement Mary Ann Moore. PhD. TAMU Psychologist Dr. Betty Acker, BV Women's Center Gary Bishop. College Station PD Jim Kubov,ak, County Attorney VOLUNTEER BOARD MEMBERS. Lynn Knowles Susan Va~ra Lesley Duff Rusty Vaughn Memel Cunningham STAFF: Linda K. Castoria. Executive Director Sherry L. Hostetter, Assistant Director Marta M. Nichols, Coordinator of Volunteers Jame N. Thomas, Staff Assistant Mapr Funding Received From. Brazos County United Way: Brazos County: Nina Astin Winkler Trust; Attorney General's Office-Sexual Assault Division; TX Governor's Office. Criminal Justice Division. Victims of Crime Act 6 Violence Against Women Act _ ENC-411i OR 010M i . CONTRACT THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRASOB COUNTY, TEZAB, acting by and through it duly elected County Commissioners (herein- after "County"), and the BRASOS COUNTY RAPE CRI8I8 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, 1998, and terminating 30th day of September 1999. 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 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; 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 f 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. 3 f i.,. ,mss .yam . _ _.~L_~•_- • COUNTY'S LIABILITY FOR PAYMENT 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: October 31, 1998 $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; 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: i 1. Provide Countyi " funds for the payment of the consideration stated herein. 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 Provider. U i i t 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 e 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 ti The parties hereto agree that the Provider shall be an independent 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. 1 i~ rar_'c'~-rra..4Y..r. •Sa. u.4 L~.: n4.•~e. ~ v rd,y f , t/~ a J ~ ' . . . . . - .Y. . . i ~ _ ~ ~ ~ rdY y t~ • 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 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 • FURTHER ASSURANCE Each party hereto agrees to perform any further acts and to 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 Brazos County c/o commissioners Court Brazos County Courthouse 300 E. 26th Street, Suite 114 Bryan, Texas 77803 i 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. vu ►~~w6a~, ?J1 r- . 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 ~TN day of 1998. Brazos County lay: W. O S u ge Brazos County Rape Crisis Center, Inc. By: NE W Y, res en A?TEST: NDA K. A, xecu va rec or 5~.. vu 9 a yiw.aL-x'-64 4 _ • r s i I y 1 a t 7 • E 0 -orNAZOS COUNTY RAPE CRISIS CENTER, INC ACTUAL PROPOSED PROPOSED PROPOSED 1997 CASH 1998 BUDGET 1999 BUDGET 2000 BUDGET SUBJECT APPROVED OCT 98- OCT'99- TO AUDIT OCT 97 SEPT'99 SEPT 2000 SUPPORT AND REVENUES 10/8/98 Grants-Government Attorney General's Office B/CS Comm. Dev. Block Grant Brazos County Victims of Crime Act Violence Against Women Act Grants-Private Foundation-Building Fund Indirect Public Support-UnitedWay Contributlons/Bullding Fund Fundralsing Projects-Net of Expenditures-Building Fund Interest, Miscellaneous Income TOTALS: ' 11 month grant Personnel Salaries Payroll Taxes Health Insurance Retirement Rent-5 year lease until Aug 2000 Telephone/1-800/Intemet Pagers Insurance Postage Conference/Dues Auto Mlleage-Employees Library Advertising Office Equipment Miscellaneous/Care Packages/Furniture Professional Fees Professional Services ' Copying Printing Office Expenses/Supplles Community Education Volunteer Training Repair/Malntenance Building Fund TOTALS: $41.828 $46,613 35.813' $46,778 29.250 13,000 13.000 13.000 13,000 49,347 73.108 79.809 79.489 7,859 31,436 28.170 40.000 8,000 8.000 8.000 8.000 22,250 22.000 15,000 22.000 796 2,000 5,000 3.000 1,470 3,000 3,000 4.000 842 600 900 600 $174,642 $199.757 $188.692 $216.867 $7,800 $7.800 $8,450 17,264 18,000 18,680 33,228 34.558 35.950 23,567 26,500 25.500 $69,467 $81,859 $86,858 $88,580 5,314 6.262 6.645 6,777 10,842 11,520 12,000 14,400 893 2.840 3,728 4,010 18,978 19,000 19.000 21,000 4,884 7,500 8.000 9.000 396 S50 Soo 700 1751 2,000 2,500 3.000 1,062 2,000 2,000 2500 3,784 7.000 7.000 8,000 1.702 2.000 2.200 2.500 218 S00 S00 600 100 1,500 1,500 1,700 6,944 4.000 4,000 5.000 2.913 8.000 4.000 5.000 2.875 4.000 4.000 5.000 1,906 10.750 11,000 12.000 631 1,000 1,000 1,500 809 1,000 1,100 1,200 4,968 8,000 8,000 9,000 458 1,000 1,000 1,200 S49 900 1.000 1,200 1,542 2,000 2,500 3.000 10.000 $142,986 $185,181 $190.131 $216.867 VUL. STATE OF TEXAS OFFICE OF THE GOVERNOR RELEASE OF LIABILITY CRIMINAL JUSTICE DIVISION (NEW 4-98) ocT 30 19% 11:24 FR cm m GOVERNOR 1883 512 475 4738 M 94093612619 P.94/07 • : ATTACHMENT At RELEASE OF LIABILITY -TRANSFERRED PROPERTY AGENCY: Brazos Valley Narcotics Task Force, Bryan, Brazos, . Texas The Texas Law Enforcement Agency ("LEA") designated above acknowledges receipt of excess property of the Department of Defense transferred pursuant to Section 1033 of the National Defense Authorization Act for Federal Fiscal Year 1997 (the "Act"). Such excess property transferred pursuant to the Act may include small arms and ammunition (hereinafter referred to collectively as the "Transferred Property-). The LEA acknowledges that the Transferred Property is considered excess to the needs of the Department of Defense and that the Transferred Property may be in any condition from new to unserviceable. The LEA acknowledges that there may be hazards associated with the use of the Transferred Property, which could cause damage to property and serious injury or death. The term "use" with respect to the Transferred Property is acknowledged to include. but is not limited to. active deployment, passive transportation. and mere possession. The LEA agrees to prTide appropriate and adequate training to any person who may use the property. The LEA agrees that it IS NOT the responsibility of the Department of Defense, the Office of the Governor's Criminal Justice Division (''CID") or the State of Texas to provide appropriate or adequate training to any person using the Transferred Property. 1 Neither CID not the State of Texas assumes any liability whatsoever for damages to property or injuries/death to any person arising from the use of the Transferred Property. By signing this agreement. the LEA agrees to be solely responsible for any and all suits, actions. demands or claims of any nature arising from the use of the Transferred Property. The LEA agrees to maintain. at its expense, adequate liability and property damage insurance and workman's compensation insurance to cover any such claims. The LEA accepts the Transferred Property "as is" with no warranty of any kind. Neither X:JD nor the State of Texas makes any claims or warranties, expressed or implied. concerning the Transferred Property. including but not limited to. any warranty of fitness for a particular purpose. The LEA acknowledges that any item of the Transferred Property meeting the definition of "machine gun" found in 26 U.S.C. 584(b)• must be registered with the Bureau of Alcohol. Tobacco and firearms ("ATF") with an ATF Form-10 (Application for Registration of Firearm Acquired by Certain Governmental Entities). Upon receipt of a properly executed Form-10. ATF will accept the registration of the machine gun and notify the LEA. Any machine gun registered in this manner is restricted for law enforcement use only. The LEA agrees to provide CID a copy of an approved Form-10 for each machine-gun that is pan of any Transferred Property received. The LEA must execute a separate transfer agreement with the United States Army. through the 1033 Program. for any small arms/weapons. 07129/98 V ~ PAGh, to Y " ~L~1.-_i•.1•r ..y,..lra...+~ .a.~.. w.~.~..~•.... ~.i.- - r.+ - - ai+~.u-sar..-li .~..a ~l .C .r... ~y _a... „f 30 1998 11:24 FR OFFICE GOVERNOR 1033 512 475 4738 TO 94093612619 P.05i07 ~J ATTACHMENT Al The LEA acknowledges that it is solely responsible for any and all costs associated with the Transferred Properry, including but not limited to. packing, crating, handling, transportation, repossession, and disposal. The LEA acknowledges that Transferred Property may be disposed of only with the express approval of the 1033 Program and in accordance with local, state, and federal -laws, and the regulations and guidelines of the 1033 Program. The LEA specifically acknowledges that the preceding rule includes, but is not limited to, the transfer, destruction or abandonment of any Transferred Property constituting small arms/weapons and weapons parts. Subject to the conditions set fourth herein, title to the Transferred Property is assumed by the LEA upon written acceptance hereof from the LEA. The chief law enforcement executive and the authorized official signing below certify that he or she has the authority to legally bind the LEA. • LEA- Chief xecutive's Signature Edgar Feldman, Chief of Police - College Station PD LEA Chief Executive's Typed Name & Title Authori2 d Official's gnature Al Jones, Brazos County Judge Authorized Official's Typed Name & Title Date i 1 Date • 28 U.S.C. 584(b) - The term 'machine gun' means any weapon which shoots, is designed to.shoot, or can be readily restored to shoot. automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed or intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. Authorized Official - county judge. mayor or city manager 0 07/29198 - -..r- • . r--•.~..~- ~...-+'r+.;.rs-•r+o-`- ,-+~}....^ernvr~'.,7'^ j ^p- ; . r~ . Y - - - - - F i I t eCT 30 1998 11:24 FR OFFICE GDJOal t 103.3 512 475 4738 TD 94093612619 P.06i07 l ATTACHMENT At 1 1 •i 1 I } i ,F TEXAS 1033 SURPLUS PROPERTY PROGRAM APPLICATION LETTER TO: Office of the Governor EEE CJD - 1033 Program P.O. Box 12428 ~p X11EED Austin. Texas 78711-2428 SUBJECT: Request for Screening Authorization Action 1. Our agency requests that the personnel noted on the attached Law Enforcement Agency Data Shat be granted authority to screen for excess federal property as defined in the Defense Authorization Act, 1997, Public Law 104-181, Section 1033, Transfer of Excess Personal Property. 2. We the undersigned understand and agree that failure to comply with the terms of this application is in direct conflict with the intent of this program. and failure on our agency's part to abide by the terms and conditions of the Texas 1033 Program may result in termination from the program and other sanctions including civil or criminal prosecution. 3. We understand and agree that we are responsible for all transportation costs Incident to the redistribution or collection of any transferred property. Transferred property must be removed from the Defense Reutilization and Marketing Offices (DRMO) within 14 days, or sooner if so directed by the DRMO. Failure to claim and remove property will result in thetredistribution of the property to another agency. 4. We understand and agree that this property is transferred from the Department of Defense (DoD). Transferred property must have a direct application to the LEA's street law enforcement. arrest and apprehension mission. Transferred property may not be disposed of. sold, battered or transferred without prior notification, written authorization and instructions from the Texas 1033 Program Office, including instances in which property is no longer serviceable for law enforcement use. S. We have read and understand, in its entirety, this Texas Military Surplus Property & Procurement Program booklet. We understand and agree to comply with the terms and conditions of the Texas 1033 Program and have signed the Release of Liability Statement. 6. We understand that the Federal Freedom of Information Act and the Texas Open Records Act apply to all property received under the Texas 1033 Program. 7. We understand and agree that our authority to screen expires one year from the date on the LESO-West authorization letter. We also understand that it is our responsibility to submit a new 07n-9/98 - h, 94 I UCT 30 1998 1125 FR OFFICE GovERNOR 1033 512 475 4738 TO 94093612619 P.07i07 ATTACHMENT Al Law Enforcement Agency Data Sheet at least thirty (30) days prior to expiration of the LESO- West authorization letter, as well as anytime the information on the Data Sheet changes. 8. We understand that the LEA must compile and maintain a detailed inventory of all transferred property obtained throughout the Texas 1033 Program. We further understand that a detailed inventory report, as outlined in the program overview, (Attachment 6) is due at the Criminal Justice Division - Texas 1033 Program office not later than January 20" of every year. 9. We understand that if a vehicle is obtained through the Texas 1033 Program, the LEA will forward photocopies of both (1) the United States Government Certificate to Obtain Title to a Vehicle (SF 97); and (2) the Texas Certificate of Title (Form 30-C) to the Texas 1033 Program office within thirty (30) days of receipt. LEA CHIEF E CUTIVE'S SIGNATURE DATE • E Edgar Feldman, Chief of Police - College Station PD LEA CHIEF EXECUTIVE'S TYPED NAME & TITLE !o -ze ~s8 AUTH ZED OFF1 1AL • DATE, Al Jones, Brazos County Judge AUTHORIZED OFFICIAL'S TYPED NAME & TITLE • Authorized official - county judge, mayor. or city manager s; g, SE e• vs r at A ti ~s i r LEASE AGREEMMM AGREEMENT of Lease, made this the 20.4 day of October, 1998, by and between THE HARVEY COMMUNITY FOUNDATION, acting by and through its duly elected Board of Trustees, (herein "Lessor) and BRAZOS COUNTY, TEXAS, acting by and through its duly elected Commissioners Court (herein "Lessee"). This agreement is to renew and extend the term of the original Lease (dated 11/7/95) for a period of one (1) year. The renewal term shall be effective from the October 1, 1998 and shall extend for a period of one year after the effective date. The terms, agreements, covenants and conditions contained in the original Lease are biding upon and shall insure the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed as of the day and year first above written. THE HARVEY COMMUNITY FO ATION BRAZOS COUNTY, TEXAS By: By: Al n W. Joi&d County Judge "LESSOR" "LESSEE" James Weedon, who possess a possible interest in the Premises, does hereby accept and agree to the terms of this lease. J es Weedon I~ t I i f . --•111 .41 Mies qa t OOb,w. Ala . Iou ` 1 9G is • BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560001 DATE OF COURT MEETING: October 20. 1998 ITEM: Req lest from Wickson Creek S U D to construct a 30 ft. road bore for water line_ installation in the right of way of Hams Lane approximately 1.0 mile from its intersection with North FM 2038 Sites located in Precinct r E ,s s SOURCE OF FUNDS: N/A 1. PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) The line shall be installed 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way tine. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from County right-of-way. D) Duch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent Geotechnical testing firm; copies of all test results shall be furnished to the office of the Bravos County Engineer. E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: rjJ Richard F. Vance, P.E. County Engineer CC98-087 APPROVED BY: Commissioner William S. Thornton Precinct 2 Approved56/Deniedo by Commissioners' Court Date: /o - so 4~3 Alvin W. Jones ounty Judge VOL ~r 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)Wickson Creek SUD proposes to place a (type) water lineFhe tight-of-way of (road)marLi s Lane 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. understand and agree that 1. The County Engineer must by notified 72 hours prior to the beginning of construction in order that he or his designated inspector may Inspect the I actual installation. I 2. That all damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. That Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same became necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. That Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. S. That the line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. That the line or lines will be constructed no less than twenty-four inches (24' lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2) below the center of the roadway. 7. That all sites will be barricaded during the construction period. . Construction of this line will begin on or after the20tyday of October 1998 Firm: Wi skson Creek S.U.D. By. Title: r-Pn gral Manager Address: P. 0. Box 4756 Bryan, Texas 7780 Phone: 40 9-589-3030 APPROVED BY COMMISSIONERS' COURT ON, Ao..z,o_1S cr p io-~j-9g f " . Date ,Q. C~rtO~ 0,4 45 uorEO my Judge Alvin . Jones, 98' PA Q Vol. IL a.~s.e a ...-.r+..w.-w.s.r.e•`."'~'.'._.~-~_ THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL ~i • • A r I7 ~ , 8736 t~orci5ln. 8b41; Karris Ln. ' ' I t. k I { f I 1 J Ap~r~c. I rn~. N rmzowa L PGTE i pry d V-6cris Lang. f 30 Rood, bo' Qo.u~. { } • a r i,~4C. on O Xi, nj 40'r- pccposQd Soy roork bore On }jofr,S LO. tAcin4 PVC, en(orst"'D Q`pa ui,tk l Wataf liy"- • ~ 1 1 ~ I t , . f 1 S .t f y ~ t • I i i i 1 VOL •t y. ~.a...,.~1i1...na.a..r..~r ..r.i._.r•w r. L...•.t..•_.•r.`.....~u• ..ate sr~}:.•~~..1.i.4.4•r•ti'~._a•~•t ~-.WV...a .y r•~~ VI j ~ t !4 t, 7 1