HomeMy WebLinkAbout1999-02-22-0900AM-Regulart
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BRAZOS COUNTY
BRYAN. TEXAS
AGENDA
99 FFg I fl PA 3: 46
ORPI-
BY
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON MONDAY,
FEBRUARY 22,1999 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.
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1 2. Pledge of Allegiance - Judge Jones.
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. Budget Amendment 98/99-13.
5. Personnel Change of Status.
6. Payment of Claims.
7. Conducting Commissioners Court meetings on the second, fourth and fifth Mondays
during the legislative session and on the second, fourth and fifth Tuesdays during the
remainder of the year. i
8. Formation of a committee to oversee distribution of tobacco litigation funds.
9. Policy for obtaining approval of Personnel Action Forms for newly hired employees.
10. Order authorizing payment of voluntary assessment to Conference of Urban Counties
relative to legislative work regarding subdivision regulations.
11. Request by Commissioners Court for two Internet connections.
12. Request by Sheriffs Office for out-of-state travel for Investigator Gerald Kinard to
Washington, D.C. to attend a "Missing and Exploited Children Seminar," March 28-30,
1999.
13. Request by Jail Administrator for access to Internet.
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Commissioners Court Meeting Agenda
February 22, 1999
Page Two
14. Tax Resale Deeds and authorization for County Judge to execute tax resale deeds for the
following:
a. Tract #3, Lot 14, Whitehead Addition, City of Bryan to Sandra Peterson and Richard
Hawkins.
b. Tract #1, Lot 4, Block 8, Castle Heights Addition, City of Bryan to Terrence Bell and
Olevia Douglas Bell.
15. Selection of insurance coverage to comply with the Financial Assurance Requirements
for Liability Coverage for regulated petroleum underground storage tanks.
16. Requisitions from Capital Projects Fund:
a. Professional Degausser for County Attorney's office (for DPS).
b. Software program upgrades for County Attorney's office (1) and County Court at
Law #2 (4)
c. Printer Replacements for County Court at Law #2 and the 272a° District Court
17. Approval to advertise for the following:
a. Bid No. 99-041 - Purchase of Repeater and Console for the Sheriff's Office
b. Bid No. 99-045 - Seal Coat Projects for Precincts 1, 2, 3 and 4
18. Exemption from competitive bidding, Hou-Tra International for service to County's
chillers.
19. Blanket Purchase Orders.
20. Acceptance of the Relocation Agreement between Brazos County and Qwest
Communications Corporation to relocate 200 feet of fiber optic cable at an estimated cost
of $8,508 for construction of new railroad crossing on Gandy Road. Site is located in
Precinct 1.
21. Acknowledge receipt of monthly reports from departrnent heads and elected officials.
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 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' C06RT
REGULAR MEETING
FEBRUARY 22, 1999
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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 Monday, February 22, 1999, 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
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attendance.
The County Judge gave the invocation and led the pledge
of allegiance.
There was no citizen input and/or concerns.
The Court next considered Budget Amendment #98/99-13.1
through 13.2, which would increase funding for the TNCP
Training Grant and transfer funds from Contingency to 272nd
District Court. 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
Austin, Jennifer Juvenile Serv. Promotion
Worthington, Eric Road & Bridge New Emp Temp
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:
99-004080 through 99-004292
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Commissioners Court meeting 2
On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
The Court next considered conducting Commissioners Court
meetings on the second, fourth and fifth Mondays during the
legislative session and on the second, fourth and fifth
Tuesdays during the remainder of the year. On motion by the
County Judge, seconded by Commissioner Jones the Court voted
unanimously to table consideration of changing the day and
frequency of Commissioners Court meetings.
The next matter before the Court was the formation of a
committee to oversee distribution of tobacco litigation funds.
On motion by the County Judge, seconded by Commissioner Sims,
the Court voted unanimously to appoint the following persons
to the committee:
Ann Anderson Ann Pierson
Bob Fliescher Carl Bisor
Larry Fancher
The next matter for consideration by the Court was a
policy for obtaining approval of Personnel Action forms for
newly hired employees. The proposed policy gives two (2)
members of the Commissioners Court the authority to approve or
disallow the Personnel Action forms. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to adopt the policy for obtaining approval
of Personnel Action forms. A copy of the policy is attached
hereto.
The next matter before the Court was to consider adoption
of an order authorizing payment of voluntary assessment to the
Conference of Urban Counties for legislative work concerning
subdivision regulations. On motion by the County Judge,
seconded by Commissioner Sims, the Court voted unanimously to
adopt the Order authorizing the payment of the volutary
assessment in the amount of $1,000.00. A copy of the Order is
attached hereto.
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Commissioners Court meeting 3 01 The next matter for consideration was a request by the
Commissioners department for Internet access for two computers
within the department. On motion by Commissioner Cauley,
seconded by Commissioner Sims, the Court voted unanimously to
authorize Internet access for two computers in the
Commissioners office.
The next matter for consideration by the Court was a
request submitted by the Sheriff's office seeking approval
for out of state travel for Investigator Gerald Kinard. Mr.
Kinard would be traveling to Washington, D.C. to attend a
seminar on "Missing and Exploited Children" March 28, 29 and
30, 1999. On motion by Commissioner Jones, seconded by
Commissioner Thornton, the Court voted unanimously to grant
the request from the Sheriff's office and approved payment of
out of state travel expense for Mr. Gerald Kinard.
The next matter for consideration was a request by the
Jail Administrator for Internet access for his computer. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to authorize Internet access for
the Jail Administrator.
On motion by Commissioner Sims, seconded by Commissioner
Jones, the Court voted unanimously to authorize the County
Judge to execute a Tax Resale Deed to the following
individuals:
Sandra Peterson and Richard Hawkins - Tract #3, Lot
14,Whitehead Addition, City of Bryan, Brazos County,
Texas.
and
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Terrence Bell and Olevia Douglas Bell - Tract #1, Lot 4,
Block 8, Castle Heights Addition, City of Bryan, Brazos
County, Texas
The Court next considered the selection of insurance
coverage to comply with the Financial Assurance Requirements
for Liability Coverage for regulated petroleum underground
storage tanks. Brazos County has two of these and it is
necessary to be in compliance with Texas Natural Resource
Conservation regulations. On motion by Commissioner Cauley,
/ing,
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seconded by Commissioner Sims, the Court voted unanimously to
accept the quote submitted by Seneca Insurance Company in the
amount of $1,275.00 for the coverage.
The Court next considered approval of requisitions from
the Capital Projects Fund for the following purchases:
a) Professional Degausser for County
Attorney office (for D.P.S.) $495.00
b) Software program upgrades for County Attorney's
office (1) and County Court at Law #2 (4) $615.00
c) Printer replacements for county Court at
Law #2 and the 272°d District Court
$3,066.00
On motion by Commissioner Cauley, seconded by Commissioner
Thornton, the Court voted unanimously to approve the
requisitions to be paid from the Capital Projects Fund.
The next matter for consideration was approval for the
Purchasing Agent to advertise for the following bids:
a) Bid No. 99-041 Purchase of Repeater and Console for
Sheriff's office.
b) Bid. No. 99-045, Seal Coat Projects for Precincts
1,2 3 and 4
On motion by Commissioner Sims, seconded by Commissioner
Jones, the Court voted unanimously to authorize the Purchasing
Agent to advertise for the previously noted bids.
The Court next considered an Exemption from Competitive
Bidding Requirements of Local Government Code, Section
262.024 (a) (7) (D) . This is to service the Courthouse chillers.
The Commissioners' Court determined that this was a single
source supplier. On motion by Commissioner Cauley, seconded
by Commissioner Sims, the Court voted unanimously to approve
the Exemption of Competitive Bidding Requirements and approved
the payment to Hou-Tran International for captive replacement
parts or components for equipment of the 1998-1999 fiscal
year.
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Commissioners Court meeting W_. 5
The Court proceeded to consider the following blanket
Purchase Orders:
Copy Corner Extension Service $1,000
Scarmardo Produce Jail $4,000
Sysco Food Service Jail $6,750
Alliant Food Jail $7,625
Performance Food Jail $3,025
US Food Service Jail $2,000
Ben E. Keith Jail $2,300
Butterkurst Bakery Jail $1,300
Lilly Dairy Jail $2,300
Cain's Coffee Jail $ 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 before the Court was the acceptance of
the Relocation Agreement between Brazos County and Qwest
Communications Corporation to relocate 200,feet of fiber optic
cable at an estimated cost of $8,509 for construction of new
railroad crossing on Gandy Road in Precinct 1. On motion by
Commissioner Jones, seconded by Commissioner Thornton, the
Court voted unanimously to accept the Relocation Agreement and
authorized the payment of $8,509.00 for the relocation of the
fiber optic cable. A copy of the Agreement is attached.
is attached to and made a part of these minutes.
The Court acknowledged receipt of the Extension Service
reports for January 1999 and acknowledged receipt of reports
from the following County and Precinct Offices showing
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
Constable Precinct 6
'Brazos County Events Facilities
County Attorney
Road & Bridge r
Tax Assessor/Collector
A copy of the Officials' reports can be viewed in the County
Auditor's office. I
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Commissioners Court meeting 6
There being no further business to come before the Court,
the meeting was adjourned.
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VID Ada .
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Commissioner,
Precinct No. 4
Tony J9iiFIP/
Commissioner,
Precinct No. 1
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Randy ~Zts
Commi oner,
Prec nct No. 3
Mary Anal Ward
County Clerk
C~ r%%N . Motu
The foregoing minutes of the Commissioners Court meeting
held February 22, 1999 have been examined and are approved in
open Court this the ~G f~L day of dAn&Z 19-Li,
in Bryan, Brazos County, Texas.
Alvin W. Jone
County Judge
W . S. Thornton
Commissioner,
Precinct No. 2
BRAZOS COUNTY COMMISSIONERS/ MEETING ON
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1998-1999 BUDGET YEAR
NO. 98/99 13.1 through 13.3
On this the 22nd of February 1999 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 February 22, 1999 the Court heard
and
approved a budget amendment for the 1998-1999 budget year
for
Brazos County, Texas.
WHEREAS, an expenditure is necessary due to the necessity
to
meet unusual and unforeseen conditions which could not
be
reasonably included in the original budget adopted September
1,
1998 the following amendment(s) to the original are her
eby
authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 22nd day of February 1999.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: Alvin W. Jones, County Judge
Original: County Clerk's office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
98/99-13.1
2/22/99
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
30
1921
725900
192199
Dr
Professional Fees - Other
10,000.00
30
1921
653100
192199
Dr
Equipment
5.000.00
30
1921
480477
192199
Cr
Grant- TNCP Training
15,000.00
TNCP Traini
ng Grant
increase in funding from Criminal Justice Division for the Training; Grant.
Prepaied By:
!Approved*:.'
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
98/99-13.2
2/22/99
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 221001 619310 Dr. Visiting Judge 675.00
01 110015 611300 Cr. Contingency 675.00
272 nd District Court
To increase the Visiting Judge line item for unanticipated needs. Judge Delaney will be out of
town for three weeks in June. There is not sufficient funding in that line item nor excess in the
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BRAZOS COUNTY, TEXAS
PERSONNEL POLICY AND PROCEDURES
SALARIES AND APPOINTMENTS
The number of positions established and authorized for each official and/or department is
determined annually during the budget hearings. It is at this time that the Commissioners' Court
establishes the budget for each department for personnel salaries. Each employment position in the
County has been evaluated for entry level. Each position has been assigned a Group and Step
classification for approved salary levels. Each position has an established entry level and a maximum
level of pay. The position that exists in the budget and the related assigned Group and Step level of
pay may be higher than the entry level. No County official or department head is required to pay a
new employee more than the entry level. The actual level of pay for each employee is to be decided by
the employing elected official or department head. The level of pay may not exceed the amount
allowed by County Policy, or create a budget deficit within the Personnel Classification.
All Personnel Action forms for new hires and lateral transfers must be presented to the
Personnel Office for approval, and a copy forwarded to the County Auditor's office for budgetary
review. Once the Personnel Department and the County Auditor's office have rendered approval or
disapproval, notice will be sent to the County Judge's office for final review. Two members of the
Commissioners' Court will have the authority to approve or disapprove the Personnel Action Form.
Should members of the Commissioners' Court not wish to take action on the request, the elected
official and/or department head may request that the Personnel Action Form be placed on the next
agenda of the Commissioners' Court. Once approved, or disapproved the Personnel Department will
send formal notice of approval or disapproval to the elected official and/or department head. If the
Personnel Action form is disapproved a formal explanation will be presented to the elected official or
department head. A copy of all notices will be sent to the Personnel Department. All Personnel
Action forms will require the date and the signature of the signing Court members involved in the
approval process and the elected official and/or department head. Once approval is received the
employee may begin work on the Monday following the date of approval or any other date as agreed to
between the signing Court members and the elected official and/or department head.
All departmental promotions and/or moves of personnel currently employed within a
department require that a Personnel Action form be made out indicating the changes that are to take
place. Since it is not anticipated that such changes will have any effect on the budget (e.g., a current
employee is moving into a position that is vacant) there is no approval process required. The
Personnel Action Form is to be forwarded to the Personnel Department. If the Personnel Department
discerns no problems, then a notice will be forwarded to the department head indicating the date when
the move will be entered into the records and the pay structure changed. The date of change will
normally take effect immediately after the end of a pay period.
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SALARIES AND APPOINTMENTS
(continued
With regard to any appointment, confirmation of an appointment, or voting for any
appointment or confirmation of an appointment of an individual to a position that is to be directly or
indirectly compensated with public funds, county officials shall conform to the nepotism prohibitions
contained in Chapter 573 of the Texas Government Code. Further, any elected official or department
head that submits a Personnel Action Form for approval is also reminded that the nepotism laws
pertain to all hiring and promotions that they may request.
All new employees are required to complete the following two steps:
1. Upon being hired, or on the first day of work, report to the Personnel
Department to complete all necessary payroll forms, providing all
documentation pursuant to the requirements of the Immigration Reform and
Control Act; and
2. Attend an orientation meeting normally held each Tuesday and Thursday by the
County Benefits officer.
New employees may combine both of these procedures, if they attend the orientation meeting
within three days of employment. All benefit information must be returned to the Personnel Office
within 30 days of the employee's hire date. At the orientation meeting the new employee will be given
a copy of the Brazos County Personnel Policy as well as other information regarding other County
policies.
The orientation conducted by the Personnel Department is general in nature and focused on
employee issues, benefits, pay structure and pay policy. The department head or elected official is
responsible for training the employee in the duties they will be performing. New employees should
better understand their relationship to the overall operation of County government after receiving an
orientation from the Personnel Department and instructions from the elected official or department
head.
Failure to provide accurate, timely and complete information on the County application form or
any official employment record may result in dismissal from County employment.
The forgoing policy change amends the Brazos County Personnel Policy dated 1989.'
Approved by the Brazos County Commissioners' Court February 22., 1999.
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A m Jones, C unty Judge
22 -4q
Date
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BRAZOS COUNTY
BRYAN. TEXAS
State of Texas
County of Brazos
Be it remembered at a regular meeting of the Commissioners Court of Brazos County, Texas, held
on the 221 day of February, 1999, on a motion made by Alvin W. Jones
and seconded by Randy Sims , the following order was adopted:
WHEREAS, The Texas Conference of Urban Counties is an advocate for the interests of Texas
counties affected by metropolitan growth, and
WHEREAS, The Texas Conference of Urban Counties has taken a leading role in preserving county
subdivision regulation authority and county platting statutes, and
WHEREAS, Brazos County has a responsibility to protect the health and general welfare of its
citizens by responsibly administering state laws to insure that development in unincorporated areas
considers the basic needs of county residents for adequate access, drainage and services;
NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED by the Brazos County
Commissioners Court that payment is authorized to the Texas Conference of Urban Counties in the
amount of $1,000.00 in order to provide extra resources to assist the CUC staff in performing its
duties to the CUC in support of county subdivision regulation and platting authority.
CONSIDERED AND APPROVED this the 221 day of February, 1999.
Alvi . Jones, C runty Ju
To nes, C sioner, Precinct 1
Wm. S. Thornton, Commissioner, Precinct 2
issioner, Precinct 3
ey Cauley, , Commissioner, fe'cf 4,
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RELOCATION AGREEMENT
THIS RELOCATION AGREEMENT ("Agreement"), is made and entered
into as of the day of 1999, by and between the COUNTY OF BRAZOS,
having an office at 2617 Highway 21 West, Bryan, Texas, hereinafter referred to as the
"Agency" and Qwest Communications Corporation, a Delaware Corporation, having
an office at 555 17th Street, Suite 1200, Denver, Colorado 80202 hereinafter referred to as the
"Company."
WITNESSETH:
WHEREAS, Company owns and operates a communications conduit system
(the "Facilities") along and upon the right of way described in Exhibit A, which is
attached hereto and incorporated herein by this reference (the "Right Of Way"); and
WHEREAS, other communications companies (the "Cooperating Carriers")
also have interests in communications conduit systems along and upon the Right of Way;
and
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WHEREAS, the Agency is preparing plans, specifications and estimates of costs
of constructing its own facilities in the Right Of Way, and has determined that the facilities of
Company and the other communications companies must be relocated to accommodate the
construction activities of Agency; and
WHEREAS, Company and the Cooperating Carriers have entered into a Joint
Relocation Agreement whereby Company has been authorized to act as the lead carrier to
coordinate relocation and to secure reimbursement from the Agency for relocation of
facilities; and
WHEREAS, Company and Agency have reached an agreement for
reimbursement of the costs of such relocation.
NOW, THEREFORE, in consideration of the foregoing, and for other good and
sufficient consideration, the receipt and sufficiency of which are hereby acknowledged, it
is agreed by and between the parties as follows:
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1. The Company shall relocate the communications conduit systems owned
by Company and the Cooperating Carriers (collectively the "Carrier Facilities") in the
Right Of Way. A substitute location for the communications facilities, and the materials
and methods used in the relocation, are subject to the prior review and approval by
Owner. The Company shall not perform any construction until authorized in writing by
both the Agency and the owner of the Right Of Way (the "Owner").
2. The Company will notify Agency's Project Engineer by telephone at least
twenty-four (24) hours before beginning any work covered by this Agreement.
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3. Agency's Project Engiaea shall keep a daily record of all work
performed. Such daily record shall be maintained in duplicate, and shall be signed by
Agency's Project Engineer and Company's authorized representative.
4. Agency shall reimburse Company for all costs incurred by Company in
relocating the Carrier Facilities. An estimate of the costs to be incurred is set forth in
Exhibit B. which is attached hereto and incorporated herein by this reference.
5. Company will make its contractor aware of the need for the Company to
coordinate performance of the work with the Agency. Agency acknowledges that
Company's construction schedule, flagging, protection and right of entry is controlled by
the Owner and denial of access to the right of way for performance of such work by
Owner shall be deemed an event of "force majeure."
6. The Company shall submit itemized bills covering the actual costs
incurred for performing the work covered herein, together with supporting
documentation. Agency agrees to pay the full amount within forty-five days following
receipt of each bill.
7. If any action is brought to enforce the terms of this Agreement, whether in
arbitration or in litigation, the prevailing party shall be entitled to recover its reasonable
attorney fees and costs of such action, in addition any other remedy to which it may be
entitled.
8. All disputes arising out of or related to this Agreement shall be determined
and resolved by arbitration in Denver, Colorado, in accordance with the Commercial
Arbitration Rules of the American Arbitration Association (AAA"). The arbitrators shall
be appointed in accordance with the rules then prevailing of the AAA. The award
rendered by the arbitrators shall be final and binding on the parties hereto. Neither party
shall have the right to further appeal or redress the matters arbitrated except for the
purposes of enforcing the judgment rendered by the arbitrators. Judgment on any
arbitration award may be entered and enforced in any court of competent jurisdiction.
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9. This Agreement constitutes the entire agreement of the parties with respect i
to the subject matters hereof, and supersedes any and all prior negotiations, understanding
and agreements with respect hereto, whether oral or written. _
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By:
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Name:
Title: County Judge Tide: i/
Date: February 22. 1999 Date: 4
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EXHIBIT A
DESCRIPTION OF THE RIGHT OF WAY
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EXHIBIT B
ESTIMATE OF RELOCATION COSTS
This estimate is based upon the prices of materials and labor current as of the date of said fi
estimate. The estimate does not account for increases due to unknown and unforeseen
hardships in accomplishing the work or increases in materials between the time estimates
given and commencement of work and reimbursement shall not be limited by such
estimated figures. The details of said estimate follow: ;
a
COST ESTIMATE
CW ficWcn t !M Slr Usgl~ t; +
FtaoeQna 2W FT 200 31.18 96,236
mbftaficn l $1.373 ~ I
PrajectoA t w D4S 0 $eas
Tat $8,508 r
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TOTAL ESTIMATED COST TO AGENCY IS 58,508.00
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