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HomeMy WebLinkAbout1999-03-01-0900AM-Regular99 FF9 25 PIi 4: 16 BRAZOS COUN ~n W e` BRYAN. TEXAS BY_ -7 rif AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON MONDAY, MARCH 1, 1999 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. • i 1. Invocation - Commissioner Jones. 2. Pledge of Allegiance - Commissioner 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 - 17: 4. Personnel Change of Status. 5. Payment of Claims. 6. Memorandum of Agreement with The Texas Agricultural Experiment Station and expenditure of $4,500.00 to support research for a "Height Modernization Project" resulting in the placement of monuments throughout county to'benchmark horizontal and vertical elevations and slab elevations for flood plain areas. 7. Requests for additional equipment and phone lines by Justice of the Peace, Precinct 2. 8. Request by Judge Steve Smith, 361" District Court, for out-of-state travel to attend the State Bar of Texas Advanced Medical Malpractice Course in Santa Fe, New Mexico on March 17-19,1999. • 9. Authorizing Garrett Engineering to conduct a hydrology study of the Maximum Security Jail site. 10. Personnel Policy and Procedures Manual Amendment regarding Longevity Pay. ' J Commissioners Court Meeting Agenda March 1, 1999 Page Two 11. Blanket Purchase Orders: a. $1,800.00 to Manpower Temporary Services for Auditor's Office b. $4,000.00 to Lange Micrographics for District Clerk 12. Requisition from Capital Projects Fund for a CD ROM TowerlServer for Computer and Network Services. 13. Request to advertise Bid No. 99-048, Maintenance Contract for Elevators. 14. Use of an interactive voice response credit card payment system. 15. Permission for Road & Bridge to enter Frankie Nemec's property located off Goodson Bend Road for the purpose of cleaning out ditch along north side of Nemec Lane to allow water to drain from Goodson Bend Road. Site is located in Precinct 4. 16. The Preliminary Plat of Oates Acres, being 2 lots out of an 8.420 acre tract belonging to Johnny Oates and wife, Hazel Oates, August Williams League. Site is located in Precinct 3. 17. Approval of the January 1999 Treasurer's Report. 18. Announcement of interest items and possible future agenda topics. 19. Call for citizen input and/or concerns. 20. Adjourn. I t t c The Courthouse is wheelchair accessible. Handicap pig 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. s • • • p • l:~~~- Div J Co A441" /3/ ~ CZ l'L Gy« ~ Q C - ~ r~~ . w _ i.Y w..._..Cr r .wu wr la+.•r.vu~le '4.iwr i~a~~n...Y' S+w.~+ .1SAVa~ ":5i~ •r COMMISSIONERS' COURT REGULAR MEETING MARCH 1, 1999 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, March 1, 1999, with the following members of the Court present: Alvin W. Jones, County Judge, Absent; Tony Jones, Commissioner of Precinct 1; Wm. S. Thornton, Commissioner of Precinct 2, Absent; Randy Sims, Commissioner of Precinct 3 Presiding; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. Attached is a list of the citizens and officials in attendance. Commissioner Jones gave the invocation and led the pledge of allegiance. There was no citizen input and/or concerns. The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Lara-Hooge, Vera County Attorney Tran to CSCD Bonacquisti, R. District Attorney Resignation Medina, Vanessa District Clerk Resignation M On motion by Commissioner Cauley, seconded by Commissioner Jones, 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: 99-004293 through 99-004553 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The Court next considered a Memorandum of Agreement with the Texas Agricultural Experiment Station and the expenditure of $4,500.00 to support research for a "Height Modernization Project" resulting in the placement of monuments throughout i I& IF I 1~ 7,LTff- • • Commissioners Court meeting March 1, 1999 2 the county to benchmark horizontal and vertical elevations and slab elevations for flood plain areas. Commissioner Jones explained that this study will enable accurate verticals to be set which have not been possible before. Commissioner Sims asked if we didn't already have monuments out there. The reply was yes we do, but the vertical data was not within, the limits of acceptable survey standards. This study will allow for data conversion from relative inaccurate vertical data to very accurate data that would be acceptable to survey standards. On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to enter into Agreement with the Texas Agricultural Experiment Station and approved the expenditure of $4,500.00 to support research for a "Height Modernization Project". A copy of the Agreement is attached. Next to be considered were requests for additional equipment and phone lines by Justice of the Peace, Precinct 2. Commissioner Jones recommended that Judge Cain be given an additional phone line, a fax machine, Internet connection and janitorial service. He then moved for approval of his recommendation. Commissioner Cauley seconded the motion and it carried unanimously. The next matter for consideration by the Court was a request submitted by the 361" District Judge seeking approval for out of state travel for himself. Judge Smith would be traveling to Santa Fe, New Mexico to attend the 116 1h Annual Advanced Medical Malpractice Course" March 17-19, 1999. On motion-by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the 361" District Judge and approved payment of out of state travel expense for him. The next matter before the Court was approval to conduct a Hydrology Study at the Maximum Security Jail site. This is necessary in order to obtain a building permit from the City of. Bryan. On motion by Commissioner Jones, seconded by ~I ©r I (c a~S y,~w Commissioners Court meeting March 1, 1999 3 Commissioner Cauley, the Court voted unanimously to authorize Garrett Engineering to conduct a hydrology study. f The Court next considered Personnel Policy and Procedures Manual Amendment concerning longevity pay. On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to approve the Amendment concerning longevity pay. A copy of the Amendment is attached hereto. The Court proceeded to consider the following blanket Purchase Orders: Manpower Temporary Auditor $1,800 Lange Micrograph. District Clerk $4,000 On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to approve the Blanket Purchase orders as submitted. The Court next considered approval of a requisition from the Capital Projects Fund for the following purchase: a) DC ROM Tower/Server for Computer and Network Services $6,356.00 On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to approve the requisition to be paid from the Capital Projects Fund. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 99-048 Maintenance Contract for Elevators. On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Maintenance Contract for Elevators The next matter before the Court was approval for the use of an interactive voice response credit card payment system. The Justice of the Peace, Precinct 4 office has volunteered to test the system. There is no cost to the County and the County will receive 100V of the collection amount. Should this be successful, it will be expanded to the other offices. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the use of an interactive voice response credit card payment system IF It 4 i 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 Frankie Nemec on Goodson Bend Road in Precinct 4 to clean out a ditch along the north side of Nemec Lane to allow water to drain from Goodson Bend Road. On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to authorize • • the work. The Court next considered approval of the Preliminary Plat of Oates Acres in Precinct 3. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approved the final plat Oates Acres as presented. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court received, approved and ordered filed as submitted the Treasurer's report for January 1999. A copy of which is attached to and made a part of these minutes. Commissioner Sims made the following comment: 1) He circulated a resolution concerning farmers and ranchers and the problems they have had because of the drought. Commissioners Jones made the following comment: 1) He reported that he had recommended putting another member on the water board because of the drought problems. Susan Gandy made the following announcement: 1) She announced that there will be no Commissioners . Court meeting during spring break. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. Pad. The foregoing minutes of the Commissioners Court meeting held March 1, 1999 have been examined and are approved in open . tb Court this the _ day of 22~ 1911, in Bryan, Brazos County, Texas. Alvi W. Jones--*' County Judge Wm. S. Thornton Commissioner, Precinct No. 2 rey C ley, Jr. Commiss'oner, Precinc No. 4 ry To Jo Commissioner, Precinct e:~ZD Randy S' s Commis ioner, Precinct No. 3 Mary Aruf Ward County Clerk i 1 .Y t & a &A • 1. The Company will provide a grant in the total amount of $ 4.500.00 to be used by the Station to support research on Project Height Modernization Project for research entitled Height Modernization. under the direction of Dr. Robert C. Maggio. Brazos County Road and Bridge Department hereafter referred to as the "Company" and The Texas Agricultural Experiment Station referred to as"Station", hereby mutually agree as follows: • To defray a portion of the general and prepaid costs incurred in conducting this research, the Federally audited rate of 44% of the total modified direct costs will be allocated to the reimbursement of indirect costs. In the event the agreement is renewed, or extended for subsequent periods the current Federally audited indirect cost rate will be used. Such indirect or general costs include, but are not limited to, such expenses as utility costs and the costs of operating and maintaining existing equipment and facilities. Checks should be made payable to "The Texas Agricultural Experiment Station" and forwarded to the Director upon approval of this agreement. 1 2. A plan of work (Exhibit 1) and budget estimates (Exhibit 2) are attached and form a part of this agreement. The project leader may make shifts among items of expense when required to accomplish objectives of the planned research. 3. The Station will expend these funds as needed for labor, equipment, travel, and other operating costs in connection with the research. The unexpended balance or any unused supplies remaining at the completion of the project shall remain the sole property of the Station. 4. This fund will be administered through the Texas Agricultural Experiment Station. The project leader, with the concurrence and approval of the head of his department, will render written reports • (not less than annually) of the results of the investigations direct to the Company with a copy of the transmittal letter and report to the Director. 5. The Station will be free to publish the results of research performed under this Agreement after providing the Sponsor with a thirty (30) day period in which to review each publication for patent purposes, and to identify any inadvertent disclosure of the sponsor's proprietary information. If necessary to permit the preparation and filing of U.S. Patent applications, the Station may agree to an additional review period not to exceed sixty (60) days. Any further delay of publication will require subsequent agreement between the Station and the Sponsor. MEMORANDUM OF AGREEMENT between THE TEXAS AGRICULTURAL EXPERIMENT STATION of the TEXAS A&M UNIVERSITY SYSTEM and Brazos County Road and Bridge Department Height Modernization Project - :r 6. 1. Copyrights i A. Title to and the right to determine the disposition ofany copyrights or copyrightable material Srst produced or composed in the performance of this research program shall remain with the Station. B. The Station hereby grants to the Sponsor an inwocable, royalty-free, non-transferable, non- exclusive right and license to use, reproduce„ display, distribute to Ohird parties, perform and otherwise practice without restriction any copyrightable materials (technical data, reports, etc.) developed under this information databases ("Software"). C. The Station hereby grants to the Sponsor an irrevocable, royalty-firee, non-transferable, non- exclusive right and license to use, reproduce, display and perform Software for Sponsor's internal purposes, but without the right to distribute such software to third parties in whole or in part, or to sublicense rights in such software to third parties. D. Additionally, the Station hereby grants to Sponsor the fast right to negotiate a commercial license to use, reproduce, display, and perform such software for commercial purposes, and to distribute and/or sublicense such software to third parties. Sponsor will advise the Station in writing within sixty (60) days following delivery of such software to Sponsor whether or not it wishes to negotiate a license agreement to obtain commercial rights to such software. In the event that Sponsor elects to negotiate for a commercial license to such software, the parties will initiate negotiation ofsuch license agreement, such negotiations not to extend beyond ninety (90) days from notice of election without the mutual consent of both parties. Such license shall be negotiated in good faith between the parties, and will contain reasonable business terms common to the Sponsor's field of commercial interest and proposed application. In the event that Sponsor does not elect to secure a commercial license, or in the event that the parties do no conclude negotiation of the proposed license agr ment, then Sponsoes software for which a patent application is filed shall be subject to Paragraph 2 below. 2. Inventions A. Inventorship of developments or discoveries first conceived and actually reduced to practice under this Agreement ("Subject Inventions") will be determined in accordancewith U.S. Patent Law. All rights to Subject Inventions made solely by employees of the Station will belong to the Station. All rights to Subject Inventions made solely by employees of Sponsor will belong solely to Sponsor. All rights to Subject Inventions made jointly by employees of the Station and employees of Sponsor will belong jointly to the Station and Sponsor. B. Additionally, the Station hereby grants to Sponsor a first right to negotiate a commercial license to the Station Subject Inventions. C. The Station will promptly disclose to Sponsor any Station Subject Invention. Sponsor will hold such disclosure in confidence and will not reveal the disclosure to any third party without the consent of the Station. Sponsor will advise the Station in writing within sixty (60) days of such disclosure to Sponsor whether or not it wishes to negotiate a license agreement to obtain commercial rights to such gubject Invention. In the event that Sponsor elects to negotiate for a commercial license to 1 IG !6w~i~.. ' ..a~a~d.-~_ - - - .iLYli -'1. .~.1.• - ~ --L' - • ~ ~-iJWL'~' fsY~~u ~i=•-~ - - -.w ~ • / . such Subject Invention, the parties will initiate negotiation of such license agreement, such negotiations not to extend beyond ninety (90) days from notice of election without the mutual consent of both parties. Such license shall be negotiated in good faith between the parties and will contain reasonable business terms common to the Sponsor's field of commercial interest and proposed application. In the event that Sponsor does not elect to secure acommercial license, or in the event that the parties do not conclude negotiation of the proposed license agreement, then Sponsor's rights in the such Station Subject Invention shall be those spocified in subparagraph 23 above. D. In accordance with the U.S. Patent Code, the Station and Sponsor may proceed in use and management of jointly-owned Subject Inventions with no accounting to one another, in the absence of an agreement to the contrary. 7. This agreement shall be effective 11/16198 and shall terminate 01115199 but may be renewed annually or otherwise modified or revised upon the written consent of both parties. • Approval Recommended: Texas A&M University System Texas cultural Experiment Station I -4A Project Leader I Unit Head . IA Company Approval: Name and Title Date `if 1 Diepy Director, TAFS Date ..al.~.i.4...~a.a.L..A.luaw...a r..-.~~........r~-a~........~+~ ar...~. ~..i _ .1 ~ L r >-r- DRAFT GPS Survey Project Proposal About two years ago, Brazos County was involved in a massive GPS survey project. In the overall project there were some 144 monuments installed, of which 94 were installed inside of Brazos County by our own crews. Additionally, other monuments owned by NGS, USGS, the City of College Station, the City of Bryan and Southwest Gas Pipeline Co. were incorporated into the project, in their existing locations. Most were used for Qightline locations in doing aerial photographs. Our plan however, was to use them for multiple purposes as well. Some of those would be: 1. Floodplain management 2. General benchmarks for any survey project 3. Benchmarks for subdivision plat surveys 4. Benchmarks for future development 5. To publish a book with all this survey data included that would be for sale to the public This project has been a massive undertaking, with a fairly modest money investment and a huge man hour investment. There have been quite a number of players involved in making the project happen. They are: 1. Brazos County Road and Bridge Dept. 2. Brazos County Appraisal District 3. Bryan Utilities 4. City of Bryan Engineering Dept. 5. A & M Mapping Sciences Dept. We got a really nice product but, due to some technical limitations with GPS survey devises at the time, we only got accurate and useable horizontal data The vertical data was not accurate enough to even think about using. For example: 1. Horizontal data was sub-centimeter accurate ( fractions of an inch) which is well within acceptable survey standards. 2. Vertical was 12 to 18 centimeters off (about a foot to one and a half feet) which is in no way within acceptable survey standards. Most of the involved groups require accurate horizontal data only, so they have been more than pleased with the results of the project. However, for our purposes, we were stuck with the not so good vertical data, so we will not be able to provide the vertical benchmarks mentioned earlier. So, now that two years have passed and the reality of not being able to provide vertical data to local users has had time to soak in, there is now a possible solution. There is a Research Assistant, named Jerry Creager, who is with the A & M Mapping Sciences Dept., who is an expert in GPS surveying. He has devised a way that will allow for data conversion from relative inaccurate vertical data to very accurate data that would be acceptable to survey standards. His system has been tentatively approved by the NGS (National Geodetic Survey) and he is now making a proposal to us to apply his Ali 9WO r 1 1 t S; rti conversion system to our project, on a contract basis, for a price of $4500.00. He-would do most of the work, and we would provide some limited manpower only. We put Mr. Creager's proposal to a sample test, with the help of a licensed professional surveyor, and the results were very accurate. We know that this money was not budgeted for this year, but we feel that it would be well spent to get a good finished product. We feel that there is a window of opportunity ' here that may not be available for very long, since Mr. Creager may graduate and leave A & M soon. We also feel that this amount of money is relatively low compared to the value of the end product and the good data that the many users of the product will have available to them. We would request approval to move some money around and to enter into a contract with A & M Mapping Sciences to get this project completed. n t I~ ~I (Oq 1l Aiwt~,. ; • I d ~1 1 , \ I t, 11~ 1 CONCRETE TO BE POURED FWSH WITH EXISTING GRADE DOMED BRONZE MONUMENT AND THEN SLIGHTLY DOME MARKER (FURNISHED BY BRAZOS SHAPED AT TOP TO ASSURE COUNTY) INSTALLED FLUSH WITH WATER SHEDDWG 110 11 SURFACE OF CONCRETE MONUMENT N O I ' EXISTING GRADE cl CONCRETE MONUMENT ,y 1'0" DIAMETER X 4'0" DEEP O APPROX. 10.0 CU. FT. OF CONCRETE Wit 95 REBARS DRIVEN APPROX. 0'6" INTO m' ' w UNDISTURBED SOIL AT C BOTTOM OF MONUMENT N on ! r REV. 01.23.91 ATTATCHMENT 3 BRAZOS COUNTY TYPICAL SURVEY/ BENCHMARK MONUMENT DETAIL i I A 1 9 ,a r ~ • LONGEVITY PAY o- BRAZOS COUNTY, TEXAS PERSONNEL POLICY AND PROCEDURES All County employees to include elected officials, shall be paid longevity pay. Longevity pay for purposes of this policy is considered benefit pay, and is in addition to the regular salary approved by the Commissioners' Court, and set by the employing official and/or department head. Longevity pay is related solely to length of an employee's service to the County. Longevity pay will be paid based on the completion of five-year incremental periods of employment. The incremental periods will begin with five years and end with thirty-five years. Longevity pay shall begin with the first full two-week pay period after the passing of the anniversary date. For pay purposes longevity pay will be distributed to the employee with each bi-weekly payroll check (26 times per year). Longevity pay will be paid based on the following schedule: • 5 Years $20.00 per month, $240.00 per year, $9.23 per pay period • 10 Years $40.00 per month, $480.00 per year, $18.46 per pay period • 15 Years $60.00 per month, $720.00 per year, $27.69 per pay period • 20 Years $80.00 per month, $960.00 per year, $36.92 per pay period • 25 Years $100.00 per month, $1,200.00 per year, $46.15 per pay period • 30 Years $120.00 per month $1,440.00 per year, $55.38 per pay period • 35 Years $140.00 per month $1,680.00 per year $64.62 per pay period. Each employee who has earned longevity benefit pay will be notified by the personnel department 30 days prior to the benefit pay being included in their bi-weekly pay check. In addition, if there is to be a change in existing longevity benefit pay, the employee will be notified at least 30 days before the benefit pay change takes place. Such increases will commence with the first full pay period beginning after the employee's anniversary date. The Personnel Department shall make the notification in writing to the employee. In the event that an employee leaves the employment of the County during a fiscal year, longevity pay for the bi-weekly period will be distributed in their last pay check. For purposes of this policy longevity pay will be considered earned as of the first day of the pay period and therefore there will not be a need for a pro-rated calculation. It is the responsibility of the Commissioners' Court to provide budget appropriations for longevity for each department, independent of other line item provisions. The forgoing policy change amends the Brazos County Personnel Policy dated 1989. Approved by the Brazos County commissio ers' Court March 1, 1999. Alvin Jo s, County Judg Da e • 'ISO ► c 'Aft 4"l09 ~F a' r ,r s- 'Ilex. Atty. Gen. Op. LO 96-007 1'stge 1 :11193 Office of die Attorney General State of Texas Cutter Opinion No. %-W7 January 19. 1996 Re: Whether Jasper County may provide longevity pay to county employees (lam 136648) The Honorable Guy James Gray Criminal District Attorney Jasper County Courthouse P.O. Box 1329 Jasper. Texas 75951 Dear Mr. Gray: You inform us that Jasper County implemeatod a longevity pay policy in January IM. Under the policy. county employees am granted longevity pay calculated at two dollars per month after the fast twelve months of employment and based on years of service to the county, including service completed before the county adopted this policy. You ask whether longevity pay constitutes retroactive pay prohibited under article III. section 53 of the Texas Constitution . which prohibits the legislature, a county. or a municipality from granting 'any extra compensation. fee or allowance to a public officer, agent, servant or contractor after service has been rendered.' Before we address your question. however. we must determine whether Jasper County has authority to provide its employees longevity pay. A county commissioners court may exercise only those powers specifically conferred upon it by the state constitution and statutes. and the powers reasonably implied from express grants of authority. but it has broad discretion to implement its authority. Canals v. Laughlin. 214 S.W.2d 451. 453 (Tex. 1948); Anderson County v. Wood, 152 S.W.2d 1084, 1085 (Tex. 1941); Zimmeman v. Harris County, 819 S.W.2d 178, 183 (Tex. App.- Houston (1st Dist.] 1991, no writ). Section 152.011 of the Local Government Code authorizes a commissioners court to 'set the amount of compensation and all other allowances for county and precinct officers and employees who are paid wholly from county funds.' The term 'compensation' generally denotes 'remuneration for services rendered.' BLACK'S LAW DICTIONARY 256 (5th ed. 1979); accord WEBSTER'S NINTH NEW COLLEGIATE DICTIONARY 268 (1990); Attorney General Opinion M-1094 (1972) at 2. The term 'compensation' encompasses more than just salary; compensation also may include benefits. See Letter Opinion No. 94-72 (1994) at 2. The statutory predecessor of section 152.011 of the Local Government Code has been held to authorize the commissioners court to provide compensation to county employees in various forms, including service pins. Attorney General Opinion No. H-336 (1974), sick leave, Attorney General Opinions H-1142 (1978), H-860 (1976). vacation, Attorney General Opinion MW-136 (1980), and paid holidays. Attorney General Opinion MW438 (1982). Longevity pay, an incremental increase in salary based on length of service, see International Assn of Fire Fighters v. City of Baytown. 837 S.W.2d 783. 787 (Tex. App.--Houston (1st Dist.] 1992. writ denied); Clry of Plano v. Acker . 601 S. W.2d 68, 72 (Tex. Civ. App.--Dallas 1980, writ re[ d n.r.e.), has been held to be a part of compensation. See City of Greenville v. Emerson. 740 S.W.2d 10. 13 (Tex. App.--Dallas 1987, no writ) (construing Tex. Const. art. III. § 53); Clry of Plano. 601 S.W.2d at 72 (construing statutory predecessor of local Gov't Code § 143.041(c)(1)). We believe that the commissioners court, pursuant to the broad authority to set compensation under section 152.011 of the local Government Code, may provide longevity pay to county employees. (FN 1) We note that section 152.906 of the Local Government Code, adopted in 1991 in House Bill 1290. Act of May 19. 1991. 72d Leg.. R.S., ch. 773. § I. 1991 Tex. Gen. Laws 2760. 2760, expressly authorizes counties with a population of 190.000 or more to provide longevity pay to county employees. Section 152.906 states as follows: In ! county with a population of 190,000 or more, the commissioner: court may provide for each county employee or classification of county employee, including, but not limited to, deputy constables. longevity pay. in addition to regular compensation, of $5 a month, or any other amount determined by the commissioners court. for each year of service in the county. up to and including 30 years. Copyright (c) West Group 1998 No claim to original U.S. Govt. works VU L--r-, 10 : FAGS,, ;):7 0 . f tF. .9 J It i4 i _ • Tex. Atty. Gen. Op. LO 96.007 Page 2 This provision might be read as evidence that the legislature thought that section 152.011 did not authorize the commissioners court to provide longevity pay as a form of compensation. Even if it is read in this way, it would not affect the authority of Jasper County to implement a longevity pay policy in 1990. because a legislature may not construe a former law so as to give such construction a retroactive effect. Snyder v. Compton. 28 S.W. 1061. 1062 (Tex. 1894); Morris v. Calvert, 329 S.W.2d 117, 122 (Tex. Civ. App.--Austin 1959, writ recd n.r.e.).i 01194 The bill analysis that accompanied section 152.906 stated that its purpose was to allow counties to provide longevity pay to deputy constables and other county employees "not already eligible." House Comm. on County Affairs, Bill Analysis, H.B. 1290, 72d Leg.. R.S. 1 (1991); see Local Gov't Code § 152.074 (county with population of 150.000 or more shall provide longevity pay for sheriff's deputies). Representative Martin, who authored House Bill 1290, indicated in a public hearing on the bill that it was designed to equalize Galveston County with Harris County. At that time, Harris County provided longevity pay for employees other than commissioned deputies, and the commissioners court of Galveston County evidently believed it could not provide longevity pay for employees other than commissioned deputies, as required by section 152.074. Section 152.906 was adopted to make certain that counties the size of Galveston County could pay longevity pay to deputy sheriffs and other county employees. We have found no indication in the language or legislative history of this statute that the legislature intended to repeal any authority under other law for counties to provide longevity pay for their employees. The two statutes overlap in their the subject matter, although their provisions are not identical. Section 152.011 authorizes the conunissionters court to set the compensation for all "county and precinct officers and employees,' while section 152.906 applies only to deputy sheriffs and other county employees in counties of 190,000 or more. Old and new statutes that are not positively repugnant will be construed to give effect to both. Standard v. Sadler, 383 S.W.2d 391, 395 (Tex. 1964). We believe that section 152.011 and section 152.906 can be construed together to give effect to both. Section 152.906 provides that longevity pay may be given for each year of service by sherifrs deputies and other county employees in counties of 190,000 or more of "up to and including 30 years.' but it does not otherwise restrict a commissioners court's general authority under section 152.011 to decide whether, and under what circumstances, it will give longevity pay. • We turn to your question regarding article III, section 53 of the Texas Constitution. which prohibits the county from granting extra compensation to an officer or employee after service has been rendered. You wish to know whether the county has violated this provision by basing the longevity pay rate on an individual's service with the county, including service performed before the county decided to give longevity pay. The answer to your question is found in City of San Antonio v. Baird, 209 S. W.2d 224 (Tex. Civ. App.--San Antonio 1948, writ rerd), a case construing article III, sections 44 and 53 of the Texas Constitution. In City of San Antonio, the court addressed a statute establishing minimum wages for members of police and fire departments. Id. The statute provided a minimum wage of two hundred dollars a month for each member of the fire department and police department in cities of a certain size, and the additional sum of ten dollars a month for each five years of service in the department. M. The service qualifying members of the police and fire departments for a higher rate of pay could include service in the department before the effective date of the act. M. at 225. The court considered whether this aspect of the statute made it retroactive, in violation of article 1, section 16 of the constitution . or unconstitutional under article III, section 53. and article Ill, section 44, which prohibit the legislature from granting extra compensation "to any officer, agent, (or] servant,' after the public service has been performed, and decided that there was no violation of these constitutional provisions. Id. In fixing the minimum wage, the legislature could consider the length of service rendered before the effective date of the statute, and provide that the more experienced employees receive a higher rate of pay. Id. The statute only increased salaries prospectively, and did not affect salary payments for work performed before its effective date. See generally Attorney General Opinion DM-129 (1992) at 3 (sick leave pool used to increase employees' sick leave benefits prospectively does not violate article Ill. section 53 of Texas Constitution). Accordingly, article Ill, section 53 of the Texas Constitution does not prohibit Jasper County from implementing a prospective longevity pay policy where the amount of longevity pay is based on the employee's total service. including service before the policy was adopted. Summary • Copyright (c) West Group 1998 No claim to original U.S. Govt. works r F T= Atty. Geer. Op. LO 96-007 Page 3 Section 152.011 of the Local Government Code autborb= the Commissioners Court of Jasper County to provide longevity pay to county employees. Article M. section 53 of the Texas Constitution does not prohibit Jasper County from implementing a prospective longevity pay policy that bases the amount of longevity pay on the employce•s total service, including service before the policy was adopted. 0119S Very truly yours. Susan Garrison Assistant Attorney General Opinion Committee FNI. The bill enacting the predecessor of Loal Government Code section 152.011 repealed any local. special. or general law prescribing compensation or expenses 'for any official or employee covered by this Aux.' Act of May 29. 1971. 62d Leg.. R.S.. ch. 622, 18. 1971 Tex. Gen. Laws 2019. 2021. It thus repealed statutes that had provided for longevity pay for county employees under specific circumstances. and the attorney general opinions that construed the pre-1971 statutes do not address the current state of the law. See Attorney General Opinions 0-3369 (1941). 0-1923 (1940). i 9 (c) wear Group 1998 No claim to original U.S. Govt- works VOL- -I F I R • • BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560001 DATE OF COURT MEETING: March 1. 1999 ITEM: Permission to enter Frankie Nemec's 12[opgfy located off Goodson Bend Road for the purpose of cleaning out ditch along north side of Nemec Lane (orivate) to allow water to drain from Goodson Bend Road: dispose of excess material from ditch to owners pasture, Signed permission form is attached. Site is located in Precinct 4. SOURCE OF FUNDS: N/A 1. NOTES/EXCEPTIONS: II. ACTION REQUESTED OR ALTERNATIVES: SU ED BY: APPROVED BY: Richard F. Vance. P.E. Commissi er Carey Ca ey County Engineer Precinct 4 CC99-015 ApprovedO/Denied❑ by Commissioners' Court Date: Alvin W. Jones, County Judge • ~~I ~ ~~ao " X73 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Alvin W. hones c«W judp Tony Jones Commissimw Pet 1 i Sarldb WaBoa Comm&sloner Pet 2 qp Cobsbw Pot 3 cam Carley Commissioner Pet 4 Date .2- / S- 9 9 1. LANDOWNER AND ADDRESS Fr & - 4, . Al._.,. - 249 II. LOCATION OF WORK Ne.•t-e- L a....er aj uja c f e,.d/ er III. DESCRIPTION OF WORK TO BE DONE rJ«~ a &4.i .l_, 1tt1 A/.n,.a ~n r F~ S J 10- olr ~~eA►/G L2...t( ~~/~a ) allow ..✓a.~tr r1v d ra J 1 ~,ro... G►oodfort BG Qn~ A.-J GI 9&Dy1e O'r e'#Cr.&'5 iJ•f 1-l-~1 L ~J i .t )~G-~ t 12 s~wt . i IV. MAINTENANCE YES NO _ i IF YES, ESTIMATE FREQUENCY OF MAINTENANCE L. ,.~L... „~z- I - 1 I'1 rrrYw.T Ind i / a n _ 1 M 1J .t J 1 1~QuL~ gz") 4 -114%,-- - A/ (Owner will be notified prior to maintenance) Richard F. Vance, P.E. Engineer Aide//Foreman County Engineer r i OWNER'S SIGNATUR DATE f ~J b The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Alvin W. Jones, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this j= day of A.D. 19 99 ary Ann and County Clerk, County of BRAZOS, State of Texas is • Examined and approved in open Commissioners' Court this day of Y A.D. 19~. 9&==t Alvin W. Jones, Count Judge Tony Jones, C i toner Precinct 0#1 . e - r ~r. .~r w..w rwa ._._a.-...-_.: - _r._ A William Thornton, Commissioner Precinct 42 Randy Si s, commissioner Precinct #3 A Treasurer's Report dated: JANUARY 1999 * It THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL TAWTTARY 1999 TREASURER'S REPORT .a 'tom J FUND NAME FUND BALANC INCOMING INVESTED TEXP00 SUBTOTAL DISBURSED FUND BALANC INVESTED ENDING BAL. 11/31/98 INTEREST - JAN. 1/31/99 1/31/99 GENERAL FUND 19,298,991.66 7,113,459.70 69,444.16 26,641,895.61 2,300,975.28 24,340,920.34 23,348,773.81 992,146.53 LAW LIBRARY • ' 68,376.07 2,977.98 - 71,354.05 3,117.75 68,236.30 68,236.30 APPELLATE JUDICIAL FUND 7,993.46 610.74 8,604.20 6,172.96 2,431.24 2,431.24 ALTERNATIVE DISPUTE RESOLUTN 1,740.00 1,330.00 4,070.00 2,740.00 1,330.00 1,330.00 LEOSE FUND 12,832.86 - 12,832.86 1,097.00 11,735.86 11,735.86 COUNTY RECORDS MANAGEMENT 87,495.25 3,130.47 90,115.71 90,725.72 - 90,725.72 COUNTY CLERK MGMT.FUND 131,345.91 5,116.18 136,462.09 4,152.11 132,309.98 132,309.98 COURTHOUSE SECURITY FUND 252,219.21 5,995.69 258,214.90 258,214.90 258,214.90 SPECIAL FORFEITURE FUND 2,240.07 8.62 2,248.69 2,248.69 2,248.69 VTT INTEREST FUND 38,154.60 7,914.16 115.65 46,184.41 46,184.41 27,494.20 18,690.21 STATE LATERAL ROAD 77,531.53 144.54 58.93 77,835.00 77,835.00 14,010.05 63,824.95 ENTERMANENT IMPV. G 4,232,634.50 - 4,232,634.50 94,964.14 4,137,670.36 4,170,583.13 32,912. ROAD & BRIDGE PROJECTS 655,374.10 - 3,041.29 658,415.39 658,415.39 656,681.14 1,734.25 HEALTH DEPARTMENT 295,339.71 100,989.16 396,328.87 71,161.33 325,167.54 325,167.54 VOTER REGISTRATION 34,016,14 149.83 34,166.07 34,166.07 33,919.47 246.60 M.S.J. EXPANSION 7,053,404.81 12,859.71 7,066,264.53 7,066,264.53 7,045,109.62 21,154.91 USE IMPROVEMENT COURTHOUSE 974,027.32 4,065.85 978,093.17 5,642.68 972,450.49 947,977.90 14,472.59 RIGHT OF WAY 943,907.43 4,001.07 947,908.50 947,908.50 927,913.12 19,995.38 CAPITAL ROADS - R&B 1,018,907.43 4,292.60 1,023,200.03 1,023,200.03 1,018,204.65 4,995.38 HEALTH & LIFE INSURANCE 1,102,623.37 247,648.00 3,467.17 1,353,738.54 151,562.73 1,202,175.81 892,365.45 309,810.36 PAYROLL 191,435.59 796,943.22 • 988,378.81 909,359.69 0 79,019.12 79,019.11 FUND BAIL BOND BOARD 51,884.88 699.56 52,584.44 138.27 52,446.17 52,446.17 COUNTY GRANTS • 11,330.27) PF C~ 72,581.49 9 41,.96, . , 61,251.22 a 3,3 98,608.97 - -M9 !T 37,357.75) 37,357,75 GEN.OBLIG.DEBT SVC. 1,505,885.96 6,313.00 1,512,198,96 - 1,512,198.96 "Plow 1,500,873.84 11,325.12 38 028,031.70 8,519,749.51 107,809.36 46,655,590.57 3,649,692.91 43,005,897.66 40,583,906.38 2,421,991.28 TOTAL and correct to Commissioners Court b Brazos County Treasurer, on This report is submitted as true an by r • c 4 0 a' 1 {P. F