HomeMy WebLinkAbout1998-10-27-0900AM-RegularBR.AZOS COUNTY
BRI(AN. TEXAS
AGENDA
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
OCTOBER 27,1998 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Judge Jones.
2. Pledge of Allegiance - Judge Jones.
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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 - 21:
4. Budget Amendment 97/98-47.
5. Personnel Change of Status.
6. Payment of Claims.
7. Recommended list of Presiding and Alternate Election Judges.
8. Reducing•the speed limits on North Dowling Road from Quail Run Drive to Hoppes Creek
Road located in Precinct 1.
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9. Agreement with Union Pacific Railroad Company for improvements to the existing
Capstone crossing at FM 2154 at a cost to the County of $24,179.00. Site is located in
Precinct 1.
10. Application for Tax Refund by LCL Partnership.
11. Participation in the Brazos G Regional Water Planning Group. ,
12. Resolution supporting legislation to create a Groundwater Conservation District in Brazos
and Robertson Counties.
13. Request by Sheriffs Office Jail Administration to modify a full-time Medical Clerk
position into two pact-time positions.
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Commissioners Court Meeting Agenda
October 27, 1998
Page Two
14. Request by Constable, Precinct 6, for approval of purchase of two lightbars for vehicles.
15. Blanket Purchase Orders.
16. Approval to advertise the following bids:
a. Purchase of one (1) Haul Truck for Road & Bridge
b. Purchase of one (1) Haul Trailer for Road & Bridge
c. Purchase of one (1) Track Loader for Road & Bridge
d. Purchase of one (1) 14 Yard Dump Truck for Road & Bridge
e. Purchase of two (2) 7 Yard Dump Trucks for Road & Bridge
f. Purchase of one (1) 8-Passenger Mini-van for Juvenile Justice Center
g. Purchase of one (1)15-Passenger Van for Juvenile Justice Center
17. Requisitions from Capital Projects Fund:
a. ISDN Office Router for Justice of the Peace, Precinct 3
b. Computer Replacement (2) for Computer & Network Services
18. Request to reject RFP #98-027 - Upgrade Elevator in Annex
19. Enforcement of a FEMA Form 1316 on a residential structure at 18605 Hickory Nut Lane,
College Station, Texas belonging to Ms. Tara Brandon. Structure is located in Precinct
1.
20. Request by Road & Bridge for permission to enter Jake Howard's property located off
Windy Ryon Road for the purpose of correcting drainage, installing culverts, constructing
a ditch block, adding fill material and broken concrete and seeding for erosion control.
Site is located in Precinct 1.
21. Request from GTE to construct a road bore across the right-of-way of Old Reliance Road
to install approximately 300 feet of cable. Site is located in Precinct 2.
22. Acknowledge receipt of monthly reports from elected officials and department heads.
23. Announcement of interest items and possible future agenda topics.
24. Call for citizen input and/or concerns.
25. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for
sign interpretive services must be made two business days before the meeting. To make
arrangements, call (409) 361-4102.
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COMMISSIONERS' COURT
REGULAR MEETING
OCTOBER 27, 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 27, 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.
Judge Jones gave the invocation and led the pledge of
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allegiance.
Under citizen input and/or concerns, Commissioner Cauley
announced that the Software Group representatives will be here
today at 1:00 p.m..
The Court next considered Budget Amendment #97/98-47.1
through 47.5, which would increase funds budgeted for various
departments to cover expenditure overruns; increase revenue
and expenditure for Alternative Dispute Resolution Center,
Capital Improvement Fund, General Fund and County Clerk
Preservation and Management Fund. On motion by Commissioner
Sims, seconded by Commissioner Cauley, the Court voted
unanimously to approve the budget amendment as submitted, a
copy of which is attached hereto.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
Weatherford, S Commissioners Court Resignation
Moore, Karen County Attorney Tr to Hot Ck
Broach, Ruby L County Attorney Tr fr Hot Ck
Black, Joann Juvenile Serv. New Employee
Schultz, Wayne II SO/Jail Resignation
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Commissioners Court meeting October 27, 1998 2
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On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the changes as
submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
99-000697 through 99-000932
On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
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
4A&B/79A&B Doris Emshoff
13A&B Cynthia Rice
14 Vincent Rosas
30ABC/78 Lillian Boyd
37 Nelda Riley
53/54/55 Patti Caddess
58/59/71/
73/83/28 Dixie Olden
The Court next considered reducing the speed limits on
North Dowling Road from Quail Run Drive to Hoppes Creek Road
located in Precinct 1. The Court met in a Public Hearing on
Tuesday, October 20, 1998 to hear commentary for and against
the reduction of speed limits. The recommendation of the Road
& Bridge Department was to lower the speed limit on the
straight away to 45 mph and to 40 mph in the curve. It was
also recommended that additional signs be posted. On motion
by Commissioner Jones, seconded by Commissioner Thornton, the
Court voted unanimously to lower the speed limit on North
Dowling Road from Quail Run Drive to Hoppes Creek Road to 45
mph along the straight away and to 40 mph in the curve.
The Court next considered approval of an Agreement with
Union Pacific Railroad Company for improvements to the
existing Capstone crossing at FM 2154 in Precinct 1 at a cost
to the County of $24,179.00. Brazos County will provide all
Commissioners Court meeting October 27, 1998 3
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traffic control and asphalt approach work. Union Pacific
Railroad will furnish all labor, material, equipment and
supervision for the installation of a 30 foot concrete
crossing surface. On motion by Commissioner Jones, seconded
by Commissioner Cauley, the Court voted unanimously to enter
into Agreement with Union Pacific Railroad Company for
improvements to the crossing at Capstone Road and FM 2154. A
copy of the agreement is attached hereto.
The next matter for consideration was a tax refund to LCL
Partnership DBA Lamcat Partners LTD. The parties agreed that
the appraised value for 1997 shall be $2,077,860.00. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to refund $869.61 in county taxes
for 1997 to LCL Partnership DBA Lamcat Partners LTD.
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The Court next considered participation in the Brazos G
Regional Water Planning Group. On motion by Commissioner
Jones, seconded by Commissioner Sims, the Court voted
unanimously to assist in the collection of cash contributions
from water users in the counties to pay the local cost share
for the preparation of the Regional Water Plan for the Region
G Water Planning Group. Brazos County's portion is $26,000
with funds being paid by the County and the two (2) cities.
On motion by the County Judge, seconded by Commissioner
Jones, the Court voted unanimously to adopt a Resolution
supporting the passage of legislation creating a Groundwater
Conservation District in Brazos and Robertson Counties
consistent with the concept paper. A copy of which is
attached hereto. This will protect the groundwater supply of
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Brazos and Robertson Counties for many years
Demetrios Basdekas asked the following questions:
1. How binding is the district?
2. What happens if Robertson County wants to
pull out of the District?
3. What is the estimate of water pumped out
by Sanderson farms. He was told it is 1
million gallons.
to come.
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Commissioners Court meeting October 27, 1998
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Commissioner Thornton questioned the term "may not" be
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exempted.
The next matter for consideration was a request by the
Sheriff's Office Jail Administration to modify a full time
Medical Clerk position into two part-time positions. On
motion by Commissioner Cauley, seconded by Commissioner Sims,
the Court voted unanimously to approve the request by the
Sheriff's office to modify a full time position into two part-
time positions.
The Court next considered a request from Constable,
Precinct 6 for approval to purchase two lightbars for
vehicles. Chief Deputy D. W. Thompson purchased two used
lightbars from the DPS for two of the department vehicles.
Cost of the light bars was $450.00. On motion by Commissioner
Jones, seconded by Commissioner Sims, the Court voted
unanimously to table consideration until a later date.
The Court proceeded to consider the following blanket
Purchase Orders:
B.I.S.D. Juvenile Ser $1,000
Ray Criswell Jail $ 500
Brazos Wholesale Jail $ 500
Acme Soap Co. Jail $1,045
Scarmardo Prod. Jail $4,000
Sysco Food Serv. Jail $6,750
Alliant Food Jail $7,625
Performance Jail $3,025
US Food Service Jail $2,000
Ben E. Keith Jail $2,300
Butterkrust Jail $1,300
Lilly Dairy Jail $2,300
Cain's Coffee Jail $ 500
Brazos Parts Road & Bridge $3,000
Bryan Hose Road & Bridge $3,000
Brazos Wholesale 85th Dist Crt $ 500
On motion by Commissioner- Cauley, seconded by Commissioner
Jones, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The next matter for consideration was approval for the
j Purchasing Agent to advertise the following bids:
a. Purchase of one (1) Haul Truck for Road &
Bridge
~ b. Purcr ase of one (1) Haul Trailer for Road
' & Bridge
C. Purchase of one (1) Track Loader for Road
& Bridge
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Commissioners Court meeting October 27, 1998 5
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d. Purchase of one (1) 14 yard Dump Truck
for Road and Bridge
e. Purchase of two (2) 7 yard Dump Trucks
for Road & Bridge
f. Purchase of one (1) 8 passenger Mini Van
for Juvenile Justice Center
g. Purchase of one (1) 15 Passenger Van for
Juvenile Justice Center
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to authorize the
Purchasing Agent to advertise for the previously noted bids.
The Court next considered approval of requisitions from
Capital Projects Fund for the following purchases:
a) ISDN Office Router for Justice of the
Peace, Pct. 3, $2,035.00
b) Computer Replacement (2) for Computer &
Network Services
on motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the
requisitions to be paid from Capital Projects Fund.
The next matter for consideration was a request from the
Purchasing and Maintenance Departments to reject RFP #98-027,
Upgrade of the Elevator in the Annex. This is being requested
because the sole response to the RFP exceeded budget
constraints. The departments are also requesting approval to
solicit proposals for installation of a wheelchair accessible
elevator for the courthouse annex. On motion by Commissioner
Cauley, seconded by Commissioner Sims, the Court voted
unanimously to reject RFP #98-027 and approve the solicitation
of proposals for the installation of a wheelchair accessible
elevator for the courthouse annex.
The Court next considered approval of the enforcement of
FEMA 1316 on a residential structure at 18605 Hickory Nut Lane
in College Station, Texas belonging to Ms. Tara Brandon. The
site is located in Precinct 1. The structure lies completely
in the 100 year flood plain and is in violation of the
County's Floodplain Prevention Ordinance. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to enforce FEMA 1316 Action on the structure
Commissioners Court meeting October 27, 1998
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which means that no flood insurance would be available for the
structure to the current owner as well as any future owner as
long as the violation exists. This would render the structure
potentially unmarketable since flood insurance is required for
any federally backed loan where the structure is in the 100
year Floodplain, nor may any other type of loan be available.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Jake Howard on
windy Ryan Road in Precinct 1 to correct drainage, install
culverts, construct a ditch block, add fill material and
broken concrete, and seeding for erosion control. On motion
by Commissioner Jones, seconded by Commissioner Cauley, the
Court voted unanimously to authorize the work.
The Court next considered the request from GTE to
construct a road bore across in the right-of-way of Old
Reliance Road. 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 Sims, the Court voted unanimously to
approve the request from GTE and authorized the installation.
A copy of the request is attached hereto.
The Court acknowledged receipt of the Extension Service
reports for September 1998 and acknowledged receipt of reports
from the following County and Precinct Offices showing
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revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct,2
Justice of the Peace Precinct'3
Justice of the Peace Precinct 4
Justice of the Peace Precinct 5
Justice of the Peace Precinct 6
Constable Precinct 4
Constable Precinct 5
F Constable Precinct 6
Brazos County Events Facilities
ii County Attorney
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Road & Bridge
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Tax Assessor/Collector r.
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Commissioners Court meeting October 27, 1998 7
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A copy of the Officials' reports can be viewed in the County
Auditor's office.
The County Judge made the following comments:
1) Sam Wilson, Right-of-Way Engineer for
TxDOT, visited with him concerning the
cost of right-of-way along SH 21. The
total cost will be $2.5 million. The
County's portion is $250,00.00. Mr.
Wilson proposed that the County deposit
one third (1/3) of the funds, $70,000 the
first year, $80,000 the second year and
$80,000 the third year.
2) Dan Baily, Texas Department of Health,
commented that the filing of the annual
report for the $3,255 EMS Grant is very
simple.
3) We will need to look at all the requests
coming in for money from the tobacco
settlement. Forms must be submitted to
receive tobacco funds.
4) He received a memo concerning retirement
benefits and it will be placed on the
agenda for the next Commissioners Court
meeting.
There was no citizen input and/or concerns.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes. of the commissioners Court meeting
held October 27, 1998 have been examined and are approved in
open Court this the & 'Z day of may., 19-99,
in Bryan, Brazos County, Texas.
Alvi W. Jones
County Judge
Wm. S. Thornton
Commissioner,
Precinct No. 2
C rey Ca , Jr.
Commiss ner,
Precinc No. 4
T Jo s
Commiss o er,
Precinct No. 1
6sioner,
nct No. 3
00,
Mary A Ward
County Clerk
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BRAZOS COUNTY COMMISSIONERS/ MEETING ON 7W CAS G~. Al Z /99S AT A.M. /?~E`t: i
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ORGANIZATION / COMPANY / CITIZEN
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BRAZOS COUNTY, TEXAS .
BUDGET AMENDmENT(S) FOR THE 1997-1998-BUDGET YEAR
NO. 97/98-47.1 through 47.5
on this the 27th day of October 1998 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
Wm. S. Thornton, 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 October 27, 1998 the Court heard and approved
a budget amendment for the 1997-1998 budget year for Brazos County,
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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 23,
1997 the following amendment(s) to the original are hereby
authorized, as described on the attached page(s). i
ADOPTED AND APPROVED this the 27th day of October 1998.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: Alvin W. Jones, County Judge
Original: County CIerk's Office and attached to the original
budget '
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Copies: County Auditor
' County Treasurer
Commissioners' Court Minutes
Budget Amendment File
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as directed by the Commissioners Court.
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BUDGET AMENDMENTS
No. 97198-47.2
10
/27/98
FD
DIV
ACCT
PROD
DR/CR
ACCOUNT NAME
Increase
Decreame
17
110700
734000
Dr
Dispute Resolution Center
1,160.00
17
410060
Cr
Fees- Alternative Di ute
1,160.00
Alternative Dispute Resolution Center
To increase Revenue and Ex nditure line items to allow for the unantici tated fees
collected and which are then sen
t to the DR
C as directed b Commissioners Court.
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PIK Date:•;~_ .a., w10/22/98
pproved' y:. 's -
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BUDGET AMENDMENTS
No. 97/9847.3
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0/27/98
FD
- DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
45
630045
913000
Dr
Transfer to General Fund
60,000.00
45
450500
Cr
Investments Interest
60,000.00
Capital Improvement Fund
To increase Revenue and Expenditure line items to allow for the unanticiptated interest
recognized from the investment of Capital Improvement Funds and then transferred
to the
General Fund to be ex ended at the direction of Commissioners Court.
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D`atc:; ots'c4~,. 's;; MO/22/98
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BUDGET AMENDMENTS
No. 97/98.47.4
l
llm/98
FD
- DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
44
6320
910500
Dr
Tsf To R&B Pro'-C0 SR9
48,000.00
44
6320
803600
Cr
Juvenile Detention Facility
48,000.00
47
6350
656800
Dr
R&B Projects
48,000.00
47
490350
Cr
Tsf Fm Juv Det Facility
48,000.00
Certificate of Obligation Series 1996
To set budget for the unused funds from the Juvenile Detention Facility Project wh
ich
were transferred into the Road and Bridge Projects-C.O. Series 1996 Fund as direct
ed
by the Commissioners Court.
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Prepared By: ink.
pprpveci By:,
Date: .y-JO/22/9.8
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BUDGET AMENDMENTS
No. 97/9847.5
10
/27/98
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
-150001
519400
DR
Compensated Leave Pay
741.00
01
150001
531000
DR
Social Security
7.00
01
200100
519400
DR
Compensated Leave Pay
829.00
01
200200
516100
DR
Hourly - Staff
265.00
01
242001
516100
DR
Hourly - Staff
178.00
01
355001
519400
DR
Compensated Leave Pay
669.00
01
470200
Cr
Reserve for Contingency
2,689.00
Improvements to Existing Capstone Public Grade Crossing
at Milepost 68.15 - Forth Worth Subdivision
College-Station, Texas
THIS AGREEMENT, executed in duplicate this 291 y-1i day
of A .fs~ , 19 It, by and between Union PACIFIC RAILROAD
COMPANY, a Utah Corporation having an address of 1416 Dodge Street,
Omaha, Nebraska 68179, (hereinafter the "Railroad") and Brazos
County, Texas, having an address of 2617 Highway 21 West, Bryan,
Texas 77803, (hereinafter the "Political Body"), WITNESSETH:
RECITALS:
The Political Body has requested the Railroad to
improve the existing Capstone crossing, at grade, along,
over and across the Railroad's Main Track and right-of-
way at Milepost 68.15, Fort Worth Subdivision (DOT No.
743 223T) near College Station, Brazos County, Texas to
which the Railroad is agreeable, but solely upon the
terms and conditions hereinafter set forth.
AGREEMENT:
NOW, THEREFORE, in consideration of the premises and of
the promises and conditions hereinafter set forth, the parties
hereto agree as follows:
1. The Railroad shall furnish all labor, material,
equipment, and supervision for, the installation of a 30 foot
concrete crossing surface, all at the intersection of the
Railroad's Fort Worth Subdivision main track with Capstone at
Milepost 68.15 near College Station, Brazos County Texas, as shown
generally on print dated September 29, 1998, attached hereto and
marked Exhibit "A."
2. Upon completion of work, the Political Body shall
pay the Railroad the sum of 24,179.00) twenty four thoursand one
hundred and seventy nine dollars, as the Political Body's fixed
portion of the costs of the work performed and materials supplied
by the Railroad pursuant to Section 1 above.
3. The Railroad, at its cost, shall maintain the
crossing between the track tie ends. If, in the future, the
i Political Body elects to have the surfacing material between the
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track tie ends replaced with paving or some surfacing material
other than timber planking, the Railroad, at the Political Body's
expense, shall install such replacement surfacing.
4. The Political Body, at its sole cost and expense,
shall provide for asphalt overlay on the roadway approaches and
provide all necessary traffic control, including barricading
Capstone during construction.
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5. Fiber optic cable systems may be buried on the
Railroad's property. Protection of the fiber optic cable systems
is of extreme importance since any break could disrupt service to
users resulting in business interruption and loss of revenue and
profits. Political Body shall telephone the Railroad at
1-800-336-9193 (a 24-hour number) to determine if fiber optic cable
is buried anywhere on the Railroad's premises to be used by the
Political Body. If it is, Political Body will telephone the
telecommunications company(ies) involved, arrange for a cable
locator, and make arrangements for relocation or other protection
of the fiber optic cable prior to beginning any work on the
Railroad's premises.
6. The Political Body shall indemnify and hold the
Railroad harmless from and against all costs, liability and expense
whatsoever (including, without limitation, attorneys' fees, court
costs and expenses) arising out of any act or omission of the
Political Body, its contractors, agents and/or employees, that
causes or contributes to (1) any damage to or destruction of any
telecommunications system on Railroad's property, (2) any injury to
or death of any person employed by or on behalf of any
telecommunications company, and/or its contractor, agents and/or
employees, on Railroad's property, and (3) any claim or cause of
action for alleged loss of profits or revenue by, or loss of
service by a customer or user of such telecommunication
company(ies).
7. If at any time any work on the Premises is performed
by the Political Body's Contractor/Subcontractor, the Political
Body shall require its contractor to execute the Railroad's form
Contractor's Right of Entry Agreement. Political Body acknowledges
receipt of a copy of the Contractor's Right of Entry Agreement and
understanding of its terms, provisions, and requirements, and will
inform its contractor of the need to execute the Agreement. Under
no circumstances will Political Body's contractor be allowed onto
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Railroad's premises without first executing the Contractor's Right
of Entry Agreement.
8. The Political Body, for itself and for its
successors and assigns, hereby waives any right of assessment
against the Railroad, as an adjacent property owner, for any and
all improvements made under this Agreement.
9. Covenants herein shall inure to or bind each party's
successors and assigns; provided, no right of the Political Body
shall be transferred or assigned, either voluntarily or
involuntarily, except by express written agreement acceptable to
the Railroad.
10. The Political Body shall, when returning this
agreement to the Railroad (signed), cause same to be accompanied by
such Order, Resolution or Ordinance of the governing body of the
Political Body, passed and approved as by law prescribed, and duly
certified, evidencing the authority of the person executing this
agreement on behalf of the Political Body with the power so to do,
and which also will certify that funds have been appropriated and
are available for the payment of any sums herein agreed to be paid
by the Political Body.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement as of the date and year first hereinabove written.
UNION PACIFIC RAILROAD COMPANY
Title: Chief Engineer
Attest: Brazos County, Texas
Title: Cowry C/-wIK
Its Peuarg 'ZI"aaae*
(Seal)
Pursuant to Resolution/Order dated
, 19 ,
hereto attached.
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ROAD CLOSURE WHEN RAJ"OAD
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BRAZOS COUNTY
]BRYAN. TEXAS
RESOLUTION
WHEREAS, groundwater provides more than 90 percept of the water currently used in
Brazos and Robertson Counties; and
WHEREAS, groundwater availability modeling performed by the Texas Wata Development
Board indicates that groundwater resources within the two-county area are sufficient to mat
anticipated demands through 2050; and
WHEREAS, under current law, there are no restrictions on the export of groundwater from
an area unless regulations are imposed by a groundwater conservation district; and
WHEREAS, the Texas legislature has determined that local groundwater conservation
districts are the preferred method for regulating groundwater, and
WHEREAS, a groundwater conservation district can provide the means by which
groundwater resources can be locally managed; and
WHEREAS, privately owned wells used to supply water for domestic needs and water for
feeding livestock and poultry connected with farming, ranching or dairy enterprises can be exempt
from regulation by a legislatively created groundwater conservation district.
NOW, THEREFORE, be it resolved that the Commissioners Court of Brazos County
supports passage of legislation creating a groundwater conservation district in Brazos and Robertson
Counties consistent with the attached concept paper.
1998.
PASSED AND APPROVED by the Commissioners Court this 27th of October .
Alv' W. Jones, C ty Judg
Tony Jones, o "ssioner, Precinct 1 Randy Sims ommissioner, Precinct 3
Wm. S. Thornton, Commissioner, Precinct 2
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CONCEPT PAPER FOR
CENTRAL BRAZOS REGION
GROUNDWATER CONSERVATION DISTRICT
September 16, 1998
j~ Regional Groundwater Resources
1. Groundwater provides more than 900/a of the water currently used in Brazos and Robertson
Counties.
2. Major uses of groundwater include municipal, irrigation, industrial, power generation and
mining.
3. Water for municipal, industrial, power generation and mining uses is provided primarily by
the deep Simsboro Sand unit of the Wilcox formation. Less significant supplies are provided
by Carries Sand, Queen City Sand and Sparta Sand.
4. Water use for agricultural irrigation in the two-county area is provided primarily by the
shallow Brazos River alluvium.
0
5. The shallow Brazos River alluvium is separated from the deeper aquifers providing water
for municipal, industrial, power generation and mining uses by distance and by clay layers
above the deeper aquifers. (Attached "A" shows the outcrops of each of the aquifers.)
6. Current and projected pumpage of groundwater for regional municipal water needs is not
anticipated to affect the availability of water from the Brazos River alluvium.
11. Need for a gxoundwater conservation district
1. Groundwater: availability modeling performed by the Texas Water Development Board
indicates that groundwater resources within the region are sufficient to meet anticipated
regional demands through 2050.
2. Under the Senate Bill One regional planning process, 16 separate regional water planning
areas will be required to develop specific plans to meet regional water needs during all
hydrologic conditions, including a drought of record. Water-short areas will be forced to
look for uncommitted surface water and groundwater resources to help meet their demands.
V01. 133
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Concept Paper
Page Two '
3. Under current Texas laws. groundwater is subject to the "rule of capture." Each landowner
has the right to capture and pump whatever water is available beneath his property. regardless
of the effect on neighboring wells, so long as the landowner does not act maliciously.
4. Under rule of capture, there are no restrictions on export of groundwater from the region
unless regulations are imposed by a groundwater conservation district.
13L Bene Its of i undwater conservation d6trlct
1. Texas legislature has determined that regional groundwater conservation districts are the
preferred method for regulating groundwater.
2. District can provide means by which groundwater resources can be locally managed in a
manner that best meets the needs of the region.
3. District can prevent excessive water level decline in aquifers through well spacing
requirements or pumping limitations.
4. District may deny or limit the amount of water exported out of the district and the period of
time during which export can occur.
5. District can develop scientific information concerning aquifer for use in protecting water
quantity and quality.
IV. Method of creation
1. District should be created as "special IW conservation district by enactment of a local bill
during the 76th session of the Texas legislature.
2. Special law process would allow local input on all issues concerning district formation
including boundaries of the district, method of board selection, revenue sources and powers
of the district.
L I.
Concept Paper
Page Three
V. Boundaries of the district
1. Boundaries of the district should be all of Brazos and Robertson Counties.
2. This two-county area would encompass the areas in Brazos and Robertson Counties in which
the aquifer contains water of good quality. It would also encompass areas of groundwater
withdrawals as well as areas of current usage.
VII. Director's
1. The number of directors and method of selection would be specified in the bill creating the
district.
•
2. It is recommended that the district be governed by a board of six directors with three from
Brazos County and three from Robertson County.
3. The Brazos County directors would be appointed by the Brazos County Commissioners
Court and the cities of Bryan and College Station, with each entity having one appointment.
4. The Robertson County representatives should determine the appointments that best reflect
the interest within the county. For example, Robertson County could specify that the
Robertson County Commissioners Court would appoint three directors, with one appointment
to be a representative of agriculture, one appointment to be a representative of industry, and
one appointment to be a representative of municipal/public water supply.
VIII. Powers of district
1. The District would have all the powers of a general-law conservation district under Chapter
36 of the Texas Water Code with the following specific exceptions: eminent domain; levy
of ad valorem taxes; issuance and sale of bonds and notes in the name of the district;
purchase, transport and distribute surface water or groundwater for any purpose.
•
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Concept Paper
Page Four -
IX. Funding
1. The district would be funded solely by a water use fee and a fee for administrative acts of the
district.
2. It is recommended that the bill creating the district establish a cap on the water use fee that
could be imposed by the district. The recommended cap is $0.25 per acre foot of water use
for irrigating agriculture crops and $0.0425 per thousand gallons ($13.85 per acre foot) for
water use for any other purpose.
3. The water use fee would not apply to wells which are exempt from regulation by the district.
X. Exe ions
1. The district may not require a permit for those wells exempted by section 36.117 of the Texas
Water Code (wells incapable of producing more than 25,000 gallons of groundwater per day,
wells used to supply domestic needs of ten or fewer households, wells used to provide water
for feeding livestock and poultry connected with farming, ranching or dairy enterprises, wells
used for hydrocarbon production activities, and jet wells for domestic needs).
2. The district can use its rulemaking power to exempt other wells from regulation.
■
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and BridW NUMBER 560001
DATE OF COURT MEETING: October 27. 1998
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ITEM: permission to enter Jake Howard's property located off Windy Ryon Road for the g
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Durpose of correcting drainage installing culverts constructing a ditch block adding fill
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material and brok
en concrete an
d seeding for
erosion control* site
wm De maintamea as
needed Signed
permission form
is attached
Site is located in Pr
ecinct 1
SOURCE OF FUNDS: N/A
1. NOTES/EXCEPTIONS:.
II. ACTION REQUESTED OR ALTERNATIVES:
7 SUB zTTED BY: APPROVED
ichard F. Vance, P.E. Com ' sione y Jones
County Engineer Precinct 1
CC98-090
ApprovedWlDenied❑ by Commissioners' Court
Date: Irn, 2-1 -gIB
Alvin W. Jones, C my Judge
0
VOL._._ 1 S .PA(3 ) 3 9~
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BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
urrt w. Jonas
CoungrJudpa
Tony Jones
B
Comm}sslornr Pet I
Thornton
WMaim S
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Conwnwsww Pet 2
Randy Sims
4 t+R,DUL
Commissioner Pet 3
C-Y Cautey
Commissioner Pet 4
Date 10-16-98
1. LAND OWNER AND ADDRESS Jake Howard
Rt. 2, Box 90
Bedias, Texas 77831
II. LOCATION OF WORK Windy Ryon Road
Ill. DESCRIPTION OF WORK TO BE DONE w, aaT e ~ xe" It
Cie !y. ~d : -~.k. f.~' . ef•( ~-F X i b •s~. c*wrc_ . _ ~c ~cP.
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IV. MAINTENANCE • YES K- NO _
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE As, OeeW, 0
( er will be notified prior to maintenance)
Richard F. Vance, P.E. n eer /Foreman
County Engineer
OWNER'S SIGNATURE DATE /a Qb°
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridae NUMBER 560001
DATE OF COURT MEETING: October 27. 1998
ITEM: Reguest from GTE to construct a road bore across the right of way Old Reliance
C~
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 line.
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) Ditch 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 Brazos 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.
SU ITTED BY: APPROVED BY:
ichard F. Vance, P.E. Commissioner William S. Thornton
County Engineer Precinct 2
CC98-089
Approved 017"Den ledO by Commissioners' Court
Date: lo- 21- 48
Alvin W. Jones, C unty Judge
V01. 15,
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® GTE Network
Services
Access Design
301 Industrial Blvd.
Bryan, TX 77803
October 14, 1998
Randy Sims
Brazos County Engineering Office
County Engineer
2617 W. Hwy 21
Bryan, TX 77803
Dear Sir.
Subject: AGRMNTS 24 BURIED CABLE
Enclosed are Form ED-135 and work location sketch showing the location of our
proposed buried cable line on Old Reliance Road in Brazos County Pt Bryon, Two.
This work is to be completed on Work Order 5413 - $P001 DB which is scheduled for
October 19, 1998. If you have any questions concerning this order, please contact
Phillip Cerda at our office in Bryan, telephone 409-821-4621 within 15 days so that we
may explain or modify our proposal, otherwise, it is understood that this is approved.
Sincerely,
Charlie Clanton
Senior Designer - Access Design
CC:ec
Attachment
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IA s No r~ v
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A pail of GTE Gxlx;ration
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GENERAL TELEPHONE
COMPANY
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NOTICE OF COMMUNICATION ,
LINE INSTALLATION '
TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
October 14, 1998
Formal notice is hereby give that GTE will construct a communication line within the
right-of-way of a County Road in Brazos County, Texas as follows:
Need to bore Old Reliance Road to place a 12 pair cable to 4848
Austin Creek to provide service to customer. Will be about 300 ft.
of 12 pair cable.
The location and description of this line and associated appurtenances is more fully
shown by two (2) copies of drawings attached to this notice. The line will be
constructed and maintained on the County Road right-of-way in accordance with
governing laws.
•
Notwithstanding any other provision contained herein, it is expressly understood
that tender of this notice by the GTE Southwest Incorporated does not constitute a
waiver, surrender, abandonment of impairment of any properly rights, franchise,
easement, license, authority, permission, privilege or right, now granted by law or may
be granted in the future and any provision or provisions so construed shall be null and
void.
Construction of this line will begin on or after October 19, 1998.
GENERAL TELEPHONE COMPANY 5413 - 9P001 DB
is
Charlie Clanton
Senior Designer - Access Design
301 Industrial Blvd.
Bryan, Texas 77803
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