HomeMy WebLinkAbout1998-10-20-0900AM-RegularFILED
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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Commissioners Court meeting October 20, 1998 3
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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
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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
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Purchase Order:
EOS Co. Clerk $ 500 r
On motion by Commissioner Jones, seconded by Commissioner r
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Sims, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
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Commissioners Court meeting October 20, 1998 5
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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.
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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
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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.
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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
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47m. S. Thornton
Commissioner,
Precinct No. 2
C fey Cauxey, Jr.
Commissi her,
Precinct No. 4
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To J es"
Commi sioher,
Precinct N . 1
Randy ims
Come ssioner,
Precinct No. 3
Mary n Ward
County Clerk
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BWOS COUNTY COMMISSIONERS/ FETING ON -rge.S• ~C G b 99~ AT / A.M./PO.
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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
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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
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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
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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.
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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;
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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.
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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
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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.
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COUNTY INVOLVEMENT
The County and Provider state that to the best of their knowledge,
no officer, agent or employee of the County who exercises any function
or responsibility in connection with the carrying out of this Contract
or the services to which it relates has personal interest direct or
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
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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
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This Agreement contains the entire understanding between the
parties hereto concerning the subject matter contained herein. There
are no representations, agreements, arrangements, or understanding,
oral or written, between or among the parties hereto, relating to the
subject matter of the Agreements, which are not fully expressed
herein.
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ASSIGNABILITY
Provider shall have the right to assign this Contract and any of
its rights hereunder to a wholly owned subsidiary or to a corporation
with which it may be merged without prior written consent of the
County; otherwise, this Contract is not assignable by the Provider
without the prior written consent of the County.
DATED this ~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
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-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
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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
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„f 30 1998 11:24 FR OFFICE GOVERNOR 1033 512 475 4738 TO 94093612619 P.05i07
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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
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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
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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
•
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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
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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
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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
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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
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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,
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my Judge
Alvin . Jones,
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