HomeMy WebLinkAbout1999-08-03-0900AM-Regularr~L
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33.111E 20 PH 4- 28
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BRAZOS COUNTY ,?I::E
BRYAN. TEXA6
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NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
AUGUST 3, 1999 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26= STREET, SUITE 115, BRYAN,
TEXAS.
1. Invocation - Commissioner Jones.
2. Pledge of Allegiance - Commissioner Jones.
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Consider and take action on agenda items 3 - 14:
3. Budget Amendment 98/99-33.
4. Personnel Change of Status.
5. Payment of Claims.
6. Recommendations of Courthouse Security Committee:
a. Purchase pass-through metal detector and conveyor x-ray machine.
b. Limit public access to courthouse to main entrance only.
c. Task Sheriffs Office with responsibility for maintaining courthouse security and
staffing security vestibule by allowing • him three (3) additional employees to
accomplish staffing.
d. Prohibit employee parking in the main parking lot (closest to entrance).
e. Install magnetic card lock system throughout the courthouse.
7. Request by the District Attorney for out-of-state travel for an employee to attend a
"Prosecuting Drug Cases" Seminar in New Orleans, Louisiana from October 31 through
November 4, 1999.
8. Co-Location Lease Agreement with Houston Cellular Telephone Company, L.P. for
radio tower space for the Sheriff s Office.
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9. Blanket Purchase Orders:
a. 51,600.00 to Lilly Dairy for Juvenile Services
b. 54,000.00 to Labatt Food for Juvenile Services
c. $1,000.00 to Quill for the District Attorney
d. $750.00 to Office Express for the District Clerk
Commissioners Court Meeting Agenda
August 3, 1999
Page Two
10. Requisition from Capital Projects Fund for two 2" trash pumps for the Road & Bridge
Department.
11. Re-award of Bid #99-046, Office Furniture - Annual Contract.
12. Requisition for Bid #99-012, Cold Mix Limestone, for the Road & Bridge Department.
13. Request from Wellborn Special Utility District to construct a 4" water line in the right-
of-way of Arrington Road. Site is located in Precinct 1.
14. Requests from Wickson Creek Special Utility District to construct road bores for water
line installation in the right-of-way of Dilly Shaw Tap Road approximately 400 feet from
its intersection with Reed Lane and approximately 450 feet from its intersection with
Fawn Lake Drive. Sites are located in Precinct 2.
15. Announcement of interest items and possible future agenda topics.
16. Call for citizen input and/or concerns.
17. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any requests 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
AUGUST 3, 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 Tuesday, August 3, 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
attendance.
Commissioner Jones gave the invocation and led the pledge
of allegiance.
The Court next considered Budget Amendment #98/99-33.1
through 33.2, which would increase funding for the Brazos
Animal Shelter, and reallocate funds for Indigent Health Care.
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.
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Endler, B. J.
Cohen, Susie L.
Gilbert, Jimmie
Hein, Joel
Munoz, Patrick
Conerway,• Ronette
Albarado, Cynthia
Kennedy, Michael
Odstricil, Robert
Haines, David
Houghton, Dana
Pittman, Dellarick
Trevino, Jaime
Broecker, Rebecca
Palmer, Ernest W.
DEPARTMENT
County Clerk
County Clerk
Juvenile Serv.
Juvenile Serv.
Juvenile Serv.
Juvenile Serv.
Juvenile Serv.
Juvenile Serv.
Juvenile Serv.
Juvenile Serv.
• Juvenile Serv.
Juvenile Serv.
Juvenile Serv .
Juvenile Serv.
Road & Bridge
REASON
Resignation
New Employee
Resignation
In Dept Trans
In Dept Trans
In Dept Trans
Resignation
In Dept Trans
In Dept Trans
Title Chng
Resignation
In Dept Trans
In Dept Trans
In Dept Trans
New Employee
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Commissioners Court meeting August 3, 1999 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:
99-009130 through 99-009299
On motion by Commissioner Jones, seconded by Commissioner,
Thornton, the Court voted unanimously to approve the Claims as
submitted.
The Court next considered the following recommendations
submitted by the Courthouse Security Committee:
1. Purchase pass-through metal detector and
conveyor x-ray machine.
2. Limit public access to courthouse to main
entrance only.
3. Task Sheriff's Office with responsibility for
maintaining courthouse security and staffing
security vestibule by allowing him three (3)
additional employees to accomplish staffing.
4. Prohibit employee parking in the main parking
lot (closest to entrance).
5. Install magnetic card lock system throughout
courthouse.
After considerable discussion, Commissioner Jones moved to
accept the committee's proposal to purchase the pass through
metal detector and x-ray machine, during the Jasper trial,
allow the sheriff to man the operation of the security
equipment in the vestibule, and install the door locking
system on seven doors around the perimeter of the courthouse
for ingress and egress. Commissioner Jones said yes.
Commissioner Cauley seconded the motion. There was
considerable discussion following the motion and second.
Commissioner Cauley asked Commissioner Jones to restate the
motion. Commissioners Jones said that he moved for approval
of items a, b, c, d & e. Commissioner Thornton then asked "as
is" Commissioner Jones restated "as is". Commissioners Jones,
Thornton and Cauley voted "Aye".
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Commissioners Court meeting August 3, 1999
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Commissioner Sims and the County Judge voted "No". The motion
carried.
The next matter for consideration by the Court was a
request submitted by the District Attorney seeking approval
for out of state travel for Assistant District Attorney Brad
Clark to travel to New Orleans, Louisiana to attend a
"Prosecuting Drug Cases" seminar from October 31 through the
November 4, 1999. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to grant the
request from the District Attorney and approved payment of out
of state travel expenses for Brad Clark.
The next matter for consideration was a Co-Location Lease
Agreement with Houston Cellular Telephone Company, L.P. for
radio tower space for the Sheriff's Office. Commissioner
Cauley moved to approve the Agreement. Commissioner Sims
seconded the motion. After some discussion, Commissioner
Thornton asked if he could amend the motion to include changes
to the Agreement. Commissioner Jones seconded the changes.
The motion carried unanimously. A copy of the Co-Lease
Agreement with changes is attached.
The Court proceeded to consider the following blanket
Purchase Orders:
Lilly Dairy Juvenile Services $1,600
Labatt Food Juvenile Services $4,000
Quill Corporation District Attorney $1,000
Office Express District Clerk $ 750
On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The Court next considered approval of requisitions from
the Capital Projects Fund for the following purchases:
a) 2 - 2" Trash pump 5.5 hp Honda engine for
Road & Bridge $1,768.00
On motion by Commissioner Cauley'/, seconded by Commissioner
Jones, the Court voted unanimously to approve the requisition
to be paid from Capital Projects Fund.
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Commissioners Court meeting August 3, 1999
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The Court next considered the re-award of Bid #99-046,
Office Furniture, Annual Contract. Engineering and Office
Supply informed the Purchasing Department that it would be
unable to supply the "Regent" line of chairs which are Section
I:19-21 and Section IV:Sa-6b of Bid # 99-046. The Purchasing
Agent recommended the bid be re-awarded as follows:
EOS: Sections I:1-18 and 22-29, II,III,IV:1-4
Wiltons: Section: 1:19-21,IV:5a-8
Boise Cascade: Section IV:9
Reject Section II: number 11, item discontinued after
10-01-99
On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to accept the
recommendation of the Purchasing Agent and re-award Bid # 99-
046 as noted. A copy of the bid tabulation is attached.
The Court next considered the following requisitions for
purchases through sealed competitive bids for the Road and
Bridge Department:
DIU Amount
1) No. 99-012- Cold Mix Limestone $4,350.00
Primary - Vulcan Materials
on motion by Commissioner Jones, seconded by Commissioner
" Cauley, the Court voted unanimously to approve the above
listed requisition for the Road and Bridge Department.
The Court next considered the request from Wellborn
Special Utility District to construct a 4 inch water line in
i' the right-of-way of Arrington Road. The site is located in
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Precinct 1. The County Engineer stated that all appeared to
i be in order and recommended approval. On motion by
Commissioner Jones, seconded by Commissioner Sims, the Court
voted unanimously to approve the request from Wellborn
Special Utility District and authorized the installation. A
copy of the request is attached hereto.
The Court next considered the request from Wickson Creek
Special Utility District to construct a road bore for water
line installation in the right-of-way of Dilly Shaw Tap Road
approximately 400 feet from its intersection with Reed Lane.
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Commissioners Court meeting August 3, 1999 5
The site is located in Precinct 2. The County Engineer stated
that all appeared to be in order and recommended approval. On
motion by Commissioner Thornton, seconded by Commissioner
• Jones, the Court voted unanimously to approve the request from
Wickson Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto..
Under Announcement of interest items and possible future
agenda topics, the County Judge made the following comment:
1) He has questions about what was
previously approved and if this was the
hiring of three additional personnel and
at what level. This will be clarified
and returned to court.
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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e.
The foregoing minutes of the Commissioners Court meeting
held August 3, 1999 have been examined and are approved in
open Court this the ;U F day of AMU- , 19-*,
in Bryan, Brazos County, Texas.
Alvin W. Jon
County Judge
m. hornton
Commissioner,
Precinct No. 2
Tony Jon
Commissioner,
Precinct No. 1
Randy Sion
,ft
Commi loner,
Precinct No. 3
Carey Cau ey, Jr. l
Commissio er,
Precinct 4
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Mary A n Ward
County Clerk
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1998-1999 BUDGET YEAR
NO. 98/99 33.1 through 33.22.6
On this the 3rd day of August 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 August 3, 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 hereby
authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 3rd day of August 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
No. 98/99-33.1
8/3/98
FD
DIV
ACCT
PROD
DR/CR
ACCOUNT NAME
Increase
Decrease
01
110020
731200
Dr.
Brazos Animal Shelter
$ 5,313.00
01
110015
611300
Cr.
Contingent
$ 5,313.00
Commun
ity Support Department
To increase the budg
et per the a
roved re
uest from CQmmissioners Court 7/28/99.
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BRA_ZOS _COUNTY, TEXAS
_
BUDGET AMENDMENTS
No. 98/99-33.2
- - 8/3/98
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
01
340001
723810
Dr.
Inpatient Services
$ 25,000.00
01
340001
723820
Dr.
Outpatient Services
70,000.00
01
340001
725400
Dr.
Phsician Services
20,000.00
01
340001
611300
Cr.
Contingency
$115,000.00
Indigent
Health Care
To reallocate the Ind
igent Health Care con
tingenc to accounts with current overruns.
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CO-LOCATION LEASE AGi2EEMENT
('Lease')
EFFECTIVE DATE Augustl, 1999
TENANT: BRAZOS COUNTY
TENANTS ADDRESS: 300 East 2e Street. Suite 105
Bryan, Texas 77803-5359
LANDLORD: HOUSTON CELLULAR TELEPHONE COU[PANY, L.P.
LANDLORD'S ADDRESS: One Thousand and One West Loop South, Suite 300
Houston, Texas 77027
PREMISES: Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord. space on a radio tower structure owned and operated by Landlord along
with associated real property owned by Landlord, according to that certain
Warranty Deed dated October 21, 1985 for property in the Richard Carter League,
A-8, Brazos County, Texas. The tower structure and real property together are
hereinafter referred to as 'Leased Premises'. Said Leased Premises being located at
3713 Parkway Terrace, Bryan. Texas, more particularly described in Exhibit A.
attached hereto and incorporated herein.
COMMUNICATIONS EQUIPMENT: Landlord hereby grants permission to
Tenant to install and operate the following items and other associated equipment
on or in the Leased Premises:
A. One VHF TDD7100, 9dB Gain antenna at the 500' level.
B. 500' L1709, Standard Poly Jacket 7/8' dia meter Coax.
C. 24'x30'x5' T5544, MTR repeater , 100 Watt VHF with factory installed
Duplexer.
For the purpose of this agreement, all of Tenant's equipment, Cabinets, cables,
wires, antennas and accessories shall hereinafter collectively be referred to as
-Communications Equipment- or `Communications Center.
1. DEMISE: PAYMENT OF RENT. Landlord leases and licenses to Tenant, the
Lease Premises, and Tenant is to have and to hold the Lease Premises for placement
and use of communications Equipment, together with all and singular the rights
and appurtenances belonging to or in any way appertaining thereto, for the term.
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at the rental and upon all of the conditions and terms set forth herein. Rent will be paid to Landlord
at its address set forth above.
2. TERM AND OPTIONS.
(a) Primary Term. The primary term of this Lease shall be for five (5) years and shall
commence on August 1, 1999, and terminate on July 31, 2004, subject to extensions as set forth
below.
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(b) Extensions. The term of this Lease will automatically extend for fifteen (15)
additional periods of one (1) year each (the "Extended Term(s)") unless either party gives written
notice to the other party during the last six (6) months of the Primary Term or the Extended Term,
as the case may be, but in no event shall said notice be less than thirty (30) days prior to the
expiration of the then current term, in which case this Lease shall terminate at the expiration of the
Primary Term or Extended Term during which such written notice was given.
3. RENT.
(a) Base Rent Tenant covenants and agrees to pay to Landlord during the Primary Term
an annual sum of Ten Dollars ($10.00) (herein referred to as the "Base Rent"), payable to Landlord
in advance on the anniversary date hereof at the Landlord's address designated on Page 1 of this
Agreement. The Base Rent is inclusive of monthly electrical consumption not to exceed $50.00 and
inclusive of either ground space or indoor equipment space in Landlord's equipment shelter (if
available).
(b) Rent Adjustment. Upon the termination of the Primary Term and the commencement
of the first Extended Tenn, the annual rent shall increase by 15% over the annual rent paid during
the Primary Tenn and for each Extended Tenn thereafter the rent shall increase by five percent (5%)
over the annual rent paid during the immediately preceding tern.
4. INTENDED USE.
Tenant will use the Lease Premise for the purpose of operating and constructing a
communication center. Tenant will abide by all local, State and Federal Laws and obtain any and
all permits and licenses necessary to operate its system. Tenant shall use the Leased Premises for
no other purpose, without the prior written consent of Landlord. The use of the location on the
Leased Premises by Tenant for placement and use of the Communications Equipment as described
in this Lease is the "Intended Use."
S. TERMINATION.
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(a) Termination by Tenant. Notwithstanding anything to the contrary
contained herein,Tenant shall be entitled to terminate this Lease cuter
the Commencement Date by giving written notice to Landlord within
10 days after the occurrence of any of the following:
(i) any governmental approval is cancelled, expires, lapses, or is
otherwise withdrawn or terminated for any reason whatsoever:
or
(ii) Landlord's delivery of notice of relocation of the Communication
Equipment pursuant to Section 32 which is unacceptable to
Tenant in Tenant's reasonable discretion.
Any such termination by Tenant shall be effective thirty (30) days after receipt of
written notice by Landlord. Upon such termination, this Lease shall terminate and
be of no further force and effect, except for any indemnity obligations and Tenant's
obligations to remove the Communication Equipment from the Lease Premises: the
parties hereto shall be released from all duties, obligation, liabilities and
responsibilities under this lease.
(b) Termination by Landlord. In the event Landlord's right to occupy the
Lease Premise is terminated at any time following execution of this
Lease as a result of the termination or expiration this Lease shall
terminate upon the effective termination date of the Lease and be of
no further force and effect, and except for any indemnity obligations
and Tenant's obligation to remove the Communication Equipment
from the Lease Premise, the parties hereto shall be released from all
duties, obligations, liabilities and responsibilities under this Lease.
6. CONSTRUCTION OF RAPROVEMENTS. Prior to installation of the
Communication Equipment, Tenant shall submit to Landlord plans and
specifications (the 'Plans') for the construction and installation of the
Communication Equipment on the Leased Premises. Landlord shall have the right
to review the Plans prior to commencement of work by Tenant and shall within
twenty (20) days of the date the Plans are submitted to Landlord, inform Tenant of
its approval or disapproval of the Plans: provided however that Landlord's
approval shall not be unreasonably withheld, conditioned or delayed. If Landlord
fails to inform Tenant of its approval or disapproval within sand twenty- (20) day
period, then Landlord's approval shall be deemed to have been given. Tenant
must use a Tower Contractor mutually acceptable and approved by both Landlord
and Tenant for the installation of the Communication Equipment on the Leased
Premises and any mcdntenance that will from time to time become necessary.
Landlord shall reasonably cooperate with Tenant, but at no expense to Landlord, in
its efforts to obtain any certificates, permits, and other approvals which may be
required from any federal, state or local authority and/or any easements which are
required from any third parties necessary in connection with the construction,
installation and/or operation of the Communication Equipment on the Leased
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Premises. If Tenant fails to obtain all material certificates, permits, licenses,
easements, or approvals within forty-five (45) days from the effective date of this
Lease, Tenant shall have the right, exercisable by delivery of written notice to
Landlord within ten (10) days after the expiration of the 45-day period, to either
extend the time period for obtaining such approvals for an additional 45 days or, to
terminate this Lease effective thirty (30) days after delivery of notice to landlord. In
the event Tenant fails to obtain such approvals within the initial 45-day period or, if
Tenant exercises its option above to extend, within the second 45-day period, then
Landlord may terminate the Lease by giving written notice to Tenant. Tenant shall
adhere to all of Landlord's grounding standards for antennas, transmission lines
and the Tower itself, and maintain and operate the Communications Equipment
and appurtenances of other improvements in a manner which does not interfere
with Landlord's or other tenants' use of or business on the Leased Premises. Tenant
shall not permit any liens to be filed on or against the Leased Premises or any other
property of Landlord, and if a lien is filed, to immediately take all necessary steps to
discharge such lien(s).
7. QUIET ENJOYMENT, As long as Tenant performs its obligations under
this Lease, Tenant shall peacefully and quietly have, hold, and enjoy the Lease
Premises for the Initial Term and any subsequent Extended Terms.
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8. UTILITIES. Tenant shall, at its sole cost, obtain any permits and/or other
authorizations necessary to install its Communications Equipment on the Leased
Premises.
9. ACCESS. Tenant shall have access on the Lease Premises and Access
Easement 24 hours a day, seven days a week to provide any necessary
maintenance to Tenant's Communication Equipment. Tenant is responsible for the
cost of such activities and will give Landlord reasonable advance notice of its need
to install or repair its Communications Equipment located on the Leased Premises;
EXCEPT HOWEVER. in the case of an emergency whereupon notification shall be
given as soon as reasonably possible.
10. SURRENDER, Tenant will surrender the Lease Premises to Landlord upon the
expiration or earlier termination of this Lease, free of any improvements and
encumbrances made by Tenant, and otherwise in the same condition as when
Tenant took possession, allowing for reasonable use, wear, and tear.
11. gic4 S IN FACILITIES, The Communication Equipment installed by Tenant
on Landlord's Lease Premises will be the sole responsibility of Tenant. and Landlord
shall not be liable for any loss or damage thereto for any reason whatsoever except
for damages oaused as a direct result of Landlord's gross negligence or willful
misconduct.
12. HOLDING OVER. Except as otherwise provided herein, upon expiration or
earlier termination of this Lease. Tenant shall have removed its CornmunkxdlOns
Equipment and all other improvements made on the Lease Premises in aoooarkmoe
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with this Lease by Tenant. Except for expiration or termination on account of
condemnation, casualty loss or Landlord's default (in which oases Tenant shall
remove the Communications Equipment within a reasonable time). Tenant shall
pay rent at a daily rate equal to 200% of the rent in effect in the term Just ended for
each day Tenant holds over if the Communications Equipment remain on the
Leased Premises beyond the expiration or ternmirmation of this Lease.
13. TAXES. Tenant shall pay and discharge all taxes, general and special
assessments, and other charges of every description (Taxes') which are levied on
or against personal property owned by Tenant on the Lease Premises during the
term of this Lease. Tenant shall have the right in good faith, at its own cost and
expense, to contest any such Taxes, and shall pay the contested amount, plus any
penalty and interest imposed, only if and when finally determined to be due.
14. LANDLORD'S INSURANCE.
(a) Landlord shall keep the Leased Premises insured against loss or damage
by fire, lightning, windstorm, hail, explosion. earthquake, collision, aircraft or other
vehicle damage, vandalism, malicious mischief, riot, civil commotion or other
casualty (hereinafter the term casualty' shall refer to any of the above-listed
occurrences) at all times under policies providing coverage for the full replacement
value of the Leased Premises. Landlord shall provide Tenant, upon written request,
certificates showing such insurance coverage in full force and effect. lf the Leased
Premises is destroyed or damaged by casualty, Landlord shall notify Tenant in
writing (the 'Casualty Notice') not later than thirty (30) days from the date of such
loss or damage of its determination that reconstruction or repair is either (i) desirable
and can be accomplished within sixty (60) days from the date of the Casualty
Notice, or 00 not desirable or aunt be accomplished within sixty (60) days from
the date of the Casualty Notice.
(b) If the Casualty Notice states that Landlord has determined such
reconstruction and repair is desirable and that it can be accomplished within sixty
(60) days of the Casualty Notice. Landlord shall reconstruct or repair such
destruction or damage with any change in specifications not affecting Tenant's use
of the Lease Premises that it deems desirable, to such condition as existed before the
destruction or damage within the said sixty (60) day period and give possession to
Tenant of the same space leased hereunder. If a casualty causes such loss or
damage to the Tower that reconstruction or repair cannot reasonably be
undertaken and completed in a timely manner without removing the
Communications Equipment, then Landlord may remove the Communications
Equipment and temporarily interrupt Tenant's use of the Leased Premises, which
may include, but is not limited to, interruption of Tenant's two-way radio activity.
In such event Landlord must cause the Communications Equipment to be replaced
as soon as reasonably possible. If the Casualty Notice states that Landlord has
determined that such reconstruction or repair is not desirable, or that it cannot be
accomplished within sixty (60) days from the date of the Casualty Notice, Tenant
may, at its election, terminate this Lease and within thirty (30) days shall remove
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terminated (and no rent shall be payable) after the date such casualty loss or
damage occurred.
(c) Tenant may, by dolivoring writton notice to Landlord, terminate this
Lea.°;o, and thereafter have no liability to Landlord should any reconstruction or
repair undertaken by Landlord pursuant to Subparagraph (B) this paragraph 16 not
be completed within sixty (60) days from the date of any Casualty Notice, or it
Landlord fails to send any Casualty Notice within thirty (30) days from the date '
such casualty loss or damage occurred. In any event, Tenant shall be entitled to
abatement of the rent payable hereunder for any time that it is unable to conduct
its normal activities as a result of loss or damage to the Leased Premises caused by
a casualty.
15. LIABILITY INSURANCE. Tenant shall obtain and keep in force during any
optional subsequent renewal terms of this Lease a policy of comprehensive public
liability insurance insuring Tenant and Landlord against any liability arising out of
Tenant's use or occupancy of the Leases Premises in an amount of One Million
Dollars ($1,000,000.00) for injury, death, or personal property damage. Tenants
insurance shall name Landlord as an additional insured, and shall include, in
accordance with Section 33 hereof, a waiver of all insurance rights of subrogation.
16. LIABILITY AND INDEMNITY AND EXCULPATION
(a) TO THE EXTENT PERMITTED BY STATE LAW, EACH PARTY AGREES THAT
• IT WILL INDEMNIFY AND HOLD THE OTHER PARTY, ITS PARTNERS, AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS AND EMPLOYEES
HARMLESS AGAINST ANY AND ALL CLAIMS. DEMANDS OR CAUSES OF ACTION,
AND ALL COSTS, LOSSES, LIABII.IIIES. EXPENSES AND JUDGMENTS INCURRED IN
CONNECTION THEREWITH, INCLUDING ATTORNEYS' FEES AND COURT COSTS,
BROUGHT BY ANY OF THE INDEMNU YING PARTY'S EMPLOYEES OR
REPRESENTATIVES, OR BY ANY THIRD PARTY, TO THE EXTENT BASED UPON, IN
CONNECTION WITH, RESULTING FROM OR ARISING OUT OF THE INDEMNWYING
PARTY'S ACTIONS OR INACTIONS UNDER THIS AGREEMENT; PROVIDED,
HOWEVER, THAT THE INDEM1C FYING PARTY'S CONTRACTUAL OBLIGATION OF
INDEMNIFICATION SHALL NOT EXTEND TO CONSEQUENTIAL DAMAGE CAUSED
BY THE INDEMNIFIED PARTY'S ACTIONS OR OMISSIONS.
(b) FURTHER, TO THE EXTENT PERMITTED BY STATE LAW, TENANT SHALL
INDEMNIFY AND HOLD LANDLORD, ITS PARTNERS, AND THEIR RESPECTIVE
DIRECTORS, OFFICERS, AGENTS, CONTRACTORS AND EMPLOYEES HARMLESS
AGAINST ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION, AND ALL
COST, LOSES, LIABII.r=, EXPENSES AND JUDGEMENTS INCURRED IN
CONNECTION THEREWITH, BY REASON OF ANY ACT PERFORMEND OR NOT
PERFORMED BY LANDLORD FOR OR ON BEHALF OF TENANT. WHETHER SUCH LOSS-
OR DAMAGE IS A RESULT D1 WHOLE OR IN PART OF THE ALLEGED SOLE OR
a(po
II
CONCURRENT NEGLIGENCE OF LANDLORD, UNLESS SUCH LOSS OR DAMAGE IS A
DIRECT RESULT OF LANDLORD'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
(c) LANDLORD SHALL NOT BE LIABLE FOR ANY LOSS TO TENANT BY
REASON OF ANY ACT OR FAILURE TO ACT UNLESS SUCH LOSS OR DAMAGE IS A
DIRECT RESULT OF LANDLORDS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO EXPRESS OR IMPLIED
WARRANTIES IN CONNECTION WITH THE SERVICE AND EQUIPMENT PROVIDED
BY LANDLORD INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE OR OF
r GOOD AND WORKMANLUX MANNER. UNLESS LANDLORD IS GUILTY OF WILLFUL
MISCONDUCT, GROSS NEGLIGENCE OR CRIMINAL ACTS (I) LANDLORD SHALL
9 NOT BE LIABLE TO TENANT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR
f PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS,
DAMAGE TO BUSINESS REPUTATION, LOSS OPPORTUNITY OR OTHER REMOTE
If ITEMS OF DAMAGE) RESULTING FROM ERRORS IN, USE OF, INABILITY TO USE, OR
I OTHER DEFECTS IN ANY EQUIPMENT OR SERVICES USED OR PROVIDED HEREIN, OR
BASED ON ANY BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR ANY
OTHER LEGAL THEORY, WHETHER OR NOT LANDLORD WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND 00 LANDLORDS TOTAL LIABILITY TO
TENANT FOR DIRECT DAMAGES SHALL BE AN AMOUNT EQUAL TO THE RENT
PAYABLE UNDER THIS LEASE.
THE PROVISIONS OF SECTION 16(b) AND SECTION 16(c) ARE INTENDED BY THE
PARTIES TO APPLY EVEN IF SUCH PROVISIONS HAVE THE EFFECT OF
EXCULPATING LANDLORD FROM LEGAL RESPONSIBILITY FOR THE
CONSEQUENCES OF ITS NEGLIGENCE, FAULT OR OTHER CONDUCT.
17. ASSIGNMENT AND SUBLEASE. Tenant shall have the right to sublease the
Lease Premises or any part thereof to an affiliate of the Tenant upon obtaining the
advance written approval of Landlord. Tenant may assign this Lease in whole or in
pa=t. upon obtaining the advance written approval and so long as the assignee
agrees to use the Leased Premises solely for the Intended Use. Tenant shall give
Lcmdlord written notice of the name and address of any assignee of the Lease with
thirty (30) days prior to any such assignment. Landlords consent under this section
shall not be unreasonably withheld or delayed. Notwithstanding any assignment
or sublease. Tenant will remain bound to perform its obligations under this lease.
18. CONDEMNATION. Tenant may terminate this Lease upon written notice to
Landlord if any portion of the Leases Premises is condemned as a result of eminent
domain proceedings, and such condemnation would interfere with or prevent the
Intended Use, or would require movement of any of the Communications
Equipment in order to continue the Intended Use. Termination shall be effective on
the date thirty (30) days from the date of such notice. With the exception of
damages awarded (or settlement compensation pcdd) to Tenant for costs of removal
and/or relocation of the Communications Equipment, all compensation awarded in
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(or settlement compensation paid under threat of) any condemnation proceeding
shall be Landlord's. Tenant assigns and transfers to landlord any claim Tenant
may have to compensation for damages as a result of such condemnation, other
than those for the items set forth above. Tenant shall be entitled to notice of and to
participate in any eminent domain proceeding affecting the Lease Premises or any
part thereof, and in any settlement discussions or negotiations concerning any such
actual or threatened eminent domain proceeding.
19. DEFAULT. It shall be a default under this Lease if:
(a) Tenant tails to pay rent as and when due, and such failure continues for
ten (10) days after written notice thereof is given to Tenant by Landlord as provided
in this Lease.
(b) Landlord, by act or omission and without justification, evicts or deprives
Tenant of access to the Lease Premises and such wrongful eviction, deprivation or
interruption continues for a period of ten (10) days after written notice thereof is
given to Landlord by Tenant as provided in this Lease.
(c) Tenant fails to correct or commence to correct uninterruptedly
electromagnetic or other interference with the operation of the antenna caused by
Tenant and such failure is not cured within .5 days after Tenant receives notice of
such failure from Landlord.
is
(d) Tenant or Landlord fails to perform or comply with any other obligation
under any material provision of this Lease, and such failure is not cured within
thirty (30) days after written notice of such failure is given to the party failing as
provided in this Lease; provided however, that if the nature of such failure is such
that it cannot reasonably be cured within such thirty (30) day period, such failure
shall not constitute default hereunder if the party failing shall commence efforts to
effect cure within such thirty (30) day period and diligently pursue the same to
completion.
(e) Tenant or Landlord makes a transfer in fraud of creditors or an
assignment for the benefit of creditors, admits in writing its inability to pay its debts
as they become due, or files a petition under any section or chapter of the United
States Bankruptcy Code or any similar statute: or an order for relief is entered with
respect to Tenant or landlord in any bankruptcy, reorganization or insolvency
proceedings: or a pleading seeking such an order is not discharged or denied
within sixty (60) days after its filing.
20. LANDLORD'S REMEDIES. Upon the occurrence of default by Tenant under
this Lease. Landlord may, in addition to exercising any or all rights provided it
pursuant to applicable law, terminate this Lease upon written notice to Tenant,
after which Landlord shall have no further liability to Tenant hereunder except for
those obligations which by their nature survive the termination of this Agreement.
Further, whether or not Landlord shall have terminated this Lease. Landlord may
is
VV u ~li a.
M ink
demand unnxdiate removal by Tenant of the Communication Equipment from the
Lease Premises, and if Tenant fails to do so within thirty (30) days of Landlord's
demand, Landlord may remove and store them at Tenant's sole cost. In such
event, Landlord shall not be liable to Tenant for damage to the Communications
Equipment in the course of such removal, provided that such damage does not
arise from the gross negligence or willful misconduct of the Landlord.
21. TENANTS REMEDIES. Upon the occurrence of default by Landlord under this
Lease. Tenant may, in addition to exercising any or all rights provided it pursuant
to applicable law, terminate this Lease upon written notice to landlord, after which
Tenant shall have no further liability to Landlord under this Lease except for those
obligations which by nature survive the termination of this agreement. Further, if
the default by Landlord is one described in Paragraph 19(b) of this Lease and
Tenant has not terminated this Lease, Tenant will be entitled to an abatement of
rent for the number of days it is denied access to the Premises or is prevented or
hindered in carrying out the Intended Use of the Lease Premises by such default. If
Tenant has paid all rent due through the Initial Term or any subsequent renewal
term when it becomes entitled to an abatement of rent under this paragraph.
Landlord shall, on demand, refund to Tenant the amount which Tenant would
otherwise be entitled to set off against future payments due.
22. REMEDIES CUMULATIVE. The remedies of Landlord and Tenant provided in
this Lease are cumulative, and the exercise of one remedy by a party hereto shall
not constitute an election by that party of the remedy exercised nor otherwise
preclude the exercise of other remedies herein provided.
23. ATTORNEYS FEES. If either party to this Lease files an action for the
enforcement or breach hereof, the prevailing party shall be entitled to recover its
reasonable attorney's fees.
24. ON TICES. Notices under this Lease shall be in writing, and delivered by
recognized courier, or mailed United States certified mail, return receipt requested,
postage prepaid, addressed to that person. Notices sent by mail are effective upon
receipt by the party being notified, and such receipt may be conclusively shown
by a United States Postal Service return receipt stating that delivery was made or
attempted to the appropriate address. Landlord and Tenant's addresses for this
purpose are those first written above. Either party may change its address for
purposes of notice hereunder by delivering written notice of the change to the other
party.
25. NO WAIVER. Waiver by either party to this Lease of any breach of any
provision hereof will not constitute a continuing waiver or a waiver of any
subsequent breach by the other party of the same or a different provision of the
Lease.
26. MISCELLANEOUS. This Lease (a) shall be binding upon the Landlord and
Tenant and their respective heirs and legal representatives, successors, and assigns:
Z&3
I
i
(b) may be modified or amended only by a writing signed by each party hereto:
(c) shall be governed by and construed in accordance with the laws of the State of
• Texas and of the United States of America: (d) may be executed in several
counterparts, and each counterpart, when so executed and delivered shall
constitute but one and the same agreement: and (e) embodies the entire
Agreement and understanding between the parties with respect to the subject
matter hereof and supersedes all prior agreements, consents and understanding
relating to such matter. The captions in this Lease are for convenience only, and
shall be accorded no substantive meaning in the interpretation hereof.
28. INTERFERENCE/SUBSEQUENT TENANTS (S). During the term of this Lease,
Landlord will not grant a similar Lease to any other party if such grant would in
any way adversely affect or interfere with Tenant's use of its Communications
Equipment. Tenant agrees that it will not in any manner interfere with Landlord's
or any Prior User's (as defined herein) operations, including without limitations, its
operations of equipment, authorized frequency spectrum or signal strength. prior
User" shall mean an existing user who has commenced a lease, license or other
similar agreement with Landlord for such Lease Premise prior to the
Commencement Date hereof. In the event there is interference, Landlord shall
have a third party, chosen by Landlord in its sole discretion, evaluate such
interference problems. In the event such third party determines that Tenant's
Communications Equipment are interfering with the operation of Landlord's or a
Prior User's equipment, authorized frequency spectrum or signal strength, Tenant
shall immediately take all steps recommended by such third party necessary to
eliminate the interference including, if required, cutting off power to the
objectionable Communication Equipment. If Tenant cannot immediately eliminate
the interference, Tenant will remove or cease operation of the objectionable
• Communication Equipment. If Tenant cannot reasonably cure such interference to
Landlord's Communication Equipment and/or Prior User's equipment, Tenant shall
have the right to terminate the Lease Agreement by providing 30 day written
notice prior to cancellation. Tenant acknowledges and agrees that with regard to
the Lease Premises, Tenant's priority status is determined as of the Commencement
Date hereof and in the event Tenant ('Changing Party) modifies, relocates, adds,
or changes its Communications Equipment from the listing shown on Exhibit A in
any way ('Facility Changes") after the Commencement Date hereof and the third
party chosen by Landlord determined, in its sole discretion, that Tenant's Facility
Changes are interfering with the operation of Landlord's or any user's equipment,
authorized frequency spectrum or signal strength, Tenant, as Changing Marty, shall
immediately take all steps recommended by such third party necessary to
eliminate the interference, Changing Party will remove or cease operation of the
Facility Changes. Additionally, Tenant shall not interfere with Landlord's use of the
Lease Premise, the provisions of service to Landlord's customers, or the use of the
Lease Premises by other users. Such interference shall be deemed a material
breach of this lease.
29. RF MM MODULATION TEST. Dior to making any additions or modifiartions
to its Communioations Equipment, Tenant, at Tenant's expense. shall perform an RF
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intermodulation and antenna coupling prediction analysis and Tenant shall not
make any such additions or modif[ooftns unless Landlord in Landlord's sole
discretion approves the results of such RF intermodulation and antenna Coupling
analysis, prior to Tenant's installation, relocation or modification of any of any
Tenant's Communications Equipment on the Leased premises.
30. TOWER MAINTENANCE/SMUG URAL UPGRADES/PAINTING LIGHTING ETC
In addition to other duties of the Landlord set forth herein, Landlord has the sole
responsibility, at its sole cost and expense, of maintaining and repairing the Lease
Premises, including without limitation the tower lighting system and markings, in a
manner that complies with all applicable federal, state and local laws, ordinances,
rules and regulations, and in a manner consistent with standard industry practices.
Such duties include, without limitation, maintaining appropriate records and
notification to the Federal Aviation Administration of any failure and repairs and
correction of same. It is understood and agreed that the Landlord has sole
responsibility, at its sole cost and expense, for obtaining all of the certificates,
permits and other approvals which may be required from any federal, state or local
authority and/or any easements or consents which are required from any third
parties with respect to the lighting system. The Landlord represents and warrants
that the installation, maintenance and repair of the Lease Premises, including
without limitation its lighting system and markings, is in compliance with the
requirements of all applicable authorities referenced in this provision as of the
Commencement Date. If any certificate, permit, license, easement or approval is
canceled, or expires, or lapses or is otherwise withdrawn or terminated, or if, due to
technological changes or for any other reason. Landlord has defaulted in its
obligation under this provision, then Tenant shall have the right to either take
appropriate action to remedy any noncompliance and invoice Landlord for all
reasonable direct costs incurred by Tenant or to immediately terminate this Lease
without penalty. It is understood and agreed that failure of the Landlord to repair
or replace damaged or burned out lights within 8 hours (not to exceed 1 hour past
sundown, whichever is earlier) of telephone notification from Tenant constitutes
default under this provision. It is understood and agreed that Landlord assumes no
responsibility for the license, operation and/or maintenance of Tenant's antennas.
31. ENVIRONMENTAL. Based on Landlord's current actual knowledge at the
time of its execution of this Lease, Landlord hereby makes the following
representations and warranties to Tenant, for the benefit of Tenant:
(a) Landlord has obtained all permits, licenses and other authorizations, it
any, which are required under Environmental Laws, as defined below, and
Landlord is in compliance in all material respects with all terms and conditions of
the required permits, licenses and authorizations, and is also in compliance in all
material respects with all other limitations, restrictions, conditions, standards,
prohibitions, requirements, obligations, notifications, schedules and timetables
contained in the Environmental Laws:
. . t. . .
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(b) Landlord is not aware of, and has not received notice of, the disposal
•
or release by Landlord or presence of Hazardous Substances caused by Landlord.
as defined below, on the Leased Premises. and all property owned by Landlord
that is adjoining or adjacent to the Leased Premises:
(c) The Leased Premises, and all property owned by Landlord that is
adjoining or adjacent to the Leased Premises, are free from Hazardous Substances,
which may have been released by Landlord: and
(d) There is not pending, to the best of Landlord's knowledge, threatened
against Landlord, and Landlord knows of no facts or circumstances that might give
rise to, any civil, criminal or administrative actions, suit, demand, claim, hearing.
notice or demand letter, notice of violations, environmental lien, investigation, or
' proceeding relating in any way to Landlord's violation of any Environmental Laws.
As used herein the following temps shall have the following meanings:
'Environmental Laws' shall mean all applicable federal, state. local and
foreign laws relating to pollution or protections of the environment, including laws
relating to emissions, discharges, releases or threatened releases of any Hazardous
Substance into the environment (including without limitation ambient air, surface
water, ground water or land), or otherwise relating to the generation, manufacture,
processing, distribution, use, treatment, storage, disposal, transport, or handling of
Hazardous Substances and any and all applicable regulations, codes, standards.
plans. orders, decrees, judgments, injunctions, notices or demand letters issued,
•
entered, promulgated or approved thereunder.
'Hazardous Substances' shall mean any pollutant, contaminant, hazardous,
toxic or dangerous waste, substance or material, or any other substance or material
regulated or controlled pursuant to any Environmental Law, including, without
limiting the generality of the foregoing, asbestos. PCB's, petroleum products
(including crude oil, natural gas. natural gas liquids, liquefied natural gars or
synthetic gas) or any other substance defined as a 'hazardous substance,'
'extremely hazardous waste,' 'restricted hazardous waste,' 'hazardous material.'
hazardous chemical,' hazardous waste,' 'regulated substance,' toxic chemical,'
'toxic substance,' or other similar term in any Environmental Law.
If during the Initial Term or any Extended Term it is determined that the
Leased Premises, the Access Easement, the Utility Easement or Landlord's Property
in which the Leased Premises, the Access Easement or the Utility Easement form a
part is contaminated by the acts or omissions of Landlord with Hazardous
Substances, Tenant shall have the right;' in addition to other rights and remedies, to
terminate this Lease upon thirty (30) days written notice to Landlord.
32. Relocation of Facilities. Landlord reserves the right to change the location of
Tenant's Facilities upon (30) thirty days written notice to Tenant. Tenant shall
~~d•.:. -12
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I
relocate or remove the Facilities, at Landlord's expense, within one hundred eighty
(180) days of receipt of any such notice.
33. Waiver of Subrogation. Landlord and Tenant each hereby waive and
release all claims, rights of recovery and causes of action that either party may
have against the other for damages to the Lease Premises which is covered by
insurance maintained by either party in accordance with this Lease. Landlord and
Tenant agree to use reasonable efforts to cause their respective insurers to endorse
all applicable policies waiving the carriers right of subrogation and provide a
certificate of insurance verifying. the same
EXECUTED as of the day and year first above written.
TENANT
By:
Name: Alvin W. Jones
Title: County Judge
LANDLORD HOUS ON CELLULAR TELEPHONE COMPANY, L.P.
By:
Name: Donald Kovalevich
Title: President and General Manager
LF.~~~ ✓
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APPROVED
As To FoRN
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STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on _ 1999, by
Donald Kovalevich, President and General Manager of Houston Cellular Telephone
Company, a Texas Limited Partnership, on behalf of said Limited Partnership.
Notary Public in and for
Harris County, Texas
Printed Name:
My Commission Expires:
STATE OF TEXAS § •
COUNTY OF BRAZO§
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Before me, the undersigned authority, on this date personally
appeared Alvin W
Jones
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.
o
n
o me
,
o
e
e person whose
name is subscribed to the foregoing instrument, and acknowledged to me that they
executed the same as their free act and deed for the purposes and consideration
therein expressed.
0
E Benrruz a. cREE I . /
wnr aoa~wssIor, exrtre~ of and for
County.
Printed Name:
• My Commission Expires:
6
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BID TABULATION 99-046
OFFICE FURNITURE • ANNUAL CONTRACT
REVISED 7129199
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HODGES BUSINESS
NEUTRAL
OFFICE
WILTON'S
DESCRIPTION
CASCADE
INTERIORS
POSTURE
EXPRESS
OFFICEWORKS
I
HONOR EQUIVALENT
1a
ExecuM Desk
s 243.00
$ 188.00
$ 245.97
NB
$ 255.00
S 20829
disc 11112000
lb
Execubve Desk
$ 243.00
$ 188.00
$ 245.97
NIB
$ 255,00
$ 208,29
2
Secretarial Desk v d left return
$ 306.00
$ 267.00
$ 350.20
NB
$ 36200
$ 296.57
3
Secretarial Desk wl nght retum
$ 346.00
$ 267.00
$ 350.20
NB
$ 36200
$ 296,57
4
Two (2) drawer verbcal fie
$ 131.75
S 9200
$ 121.00
NB
$ 131.00
$ 10243
Global Industries
5
Four (4) draw vertical fie
$ 173.80
$ 122.00
$ 161.00
1
NB
$ 174.00
$ 135.43
GbM Industries
6
FNe (5) drawer verbcal fie
$ 249.15
$ 17500
$ 230.36
NB
$ 249.00
$ 194.14
Gblral Industries
7
Two (2) drawer lateral file
$ 231.00
$ 17800
$ 230.00
NB
$ 254.00
$ 198.00
Global Industries
8
Four (4) drawer lateral file
$ 387.50
$ 30000
$ 427.03
NB
$ 426.00
$ 332.14
Global Industries
9a.
Frue (5) drawer lateral file 36'
$ 50200
$ 388.00
$ 526.84
NB
$ 553.00
$ 430.29
Global Industries
9b.
Five (5) drawer lateral file 47
$ 57800
$ 447.00
$ 580.33
NB
$ 636.00
$ 495.43
Global Industries
10
Two (2) drawer lateral file
$ 224.95
$ 158.00
$ 580.33
NB
$ 225.00
S 17529
Global Industries
11
Foie (4) drawer lateral file
$ 298.10
$ 209.00
$ 377.82
NB
$ 306.00
S 232.29
Global Industries
12a
Five (5) drawer lateral file 36'
$ 47245
$ 33200
$ 466.94
NB
$ 489.00
$ 368.14
Global Industries
12b
Fare (5) drawer lateral fie 42'
$ 571.45
$ 402.00
$ 513.85
NIB
$ 571.00
$ 44529
Global Industries
13
Bookcase • Three (3) shell
$ 64.151
$ 46.00
$ 59.22
NB
$ 65.00
$ 50.14
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ExeautKe high back char
$ 119.24
$ 150.00
$ 191.31
NB
S 20800
$ 16100
15
Ex ct" high back chaff
$ 161.70
$ 117.00
NB
NIB
$ 161.00
$ 126.00
16
ExecuM high back chair
$ 225.50
S 179.00
S 228.26
NB
$ 243.00
$ 193.29
17
Sled base guest chair
$ 145.00
$ 113.00
$ 14414
NB
$ 153.00
$ 12114
18
Sled base guest chair
$ 98.45
$ 71.00
$ 90.60
NB
$ 99.00
S 76.71
19
High back execuM chair
S 240.50
$ 201.00
$ 256.09
NB
NB
$ 216.86
20
low back execubre char
$ 227.50
$ 190.00
$ 241.91
NUB
NUB
$ 204.86
21
Sled base guest char
$ 174.00
$ 145.00
$ 185.13
NB
NUB
S 156.86
22
Ex c*m high back chair
S 569.80
$ 408.00
NB
NB
S 570.00
S 444.00
23
Mwagerial mid-back
S 514.50
$ 398.00
NB
$ 594.00
Neutral Postme 10100
$ 568.00
$ 43143
24
Task chaff, high back
$ 514.50
$ 386.00
$ 495.98
NUB
$ 539.00
f 420.00
25
Task chair, mid back
$ 495.00
$ 376.00
S 482.31
NB
$ 524.00
$ 408.43
26
Secretarial chair •
$ 96.25
$ 69.00
83.33
NUB
$ 103.00
$ 75.00
27
Secretarial chair wl am
$ 13185
$ 9800
$ 131.09
NIB
$ 143.00
S 10619
28
DralDrhg stool
$ 177.50
$ 140.00
$ 17966
NB
S 195.00
$ 15114
29
24-Hour Chaff
7724.297.50
7734.368.28
7724.234 00
1734 26900
Han wlakms•34516
Han w/o arms-301.13
NB
$ 703.00
$ 255.00
or wf amhsi292 29
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ERGONOMIC CHAIRS
1
Steelcase Crit don•High bads
$ 287.50
$ 416.00
S 472.28
$ 490.00
NIB
NB
Han
Neutral Posture 6500
2
Steekese CntenwrVdback
s 235 00
$ 398.00
$ 451.35
$ 433.00
NIB
NIB
Hon
Neutral Pastas 5500
3
SWetasaOnreChac•Md•badr
$ 253.00
S 351.00
S 398.09
$ 41600
NIB
NIB
Hon
Neutral Postue 4500
4
Tumstana Sprurgboard
$ 163.00
S 30100
S 301.70
NIB
NIB
NIB
Hon
5a
Hon- H'gh•bad4 High Perlormanoe
$ 250.00
$ 19700
NB
NB
NB
$ 214.00
Ib seat glide
Hon Regard
5b.
Hon4Ad•back. High Pertormanoe
$ 237.50
$ 187.00
NB
NB
NB
$ 203.00
Io seat gbde
Hon Regerd
U
Hw-Hkh4ad4 Hgh Perbmance
$ 288.50
$ 228.00
Na
NB
NB
$ 247.00
wl seat gfide
Hon Report
6b.
Hm4kl•back• High Pwbmmoe
$ 274.85
i 217.00
NB
NB
Na
$ 235.00
gwe
Hon Regent
7
Merit Comer*m
$ 435.00
NB
NB
NB
NB
i 22200
Grald Allmatic 31
8
Mad Mrkstooe
i 515.00
NB
NB
i 433.00
NIB
i 250.00
Grahl AOmak 8
Ned Posb" 5500
9
Merit MaQmm
$ 384.00
Na
NB
i 477.00
NB
i 385.00
Grand ABmatic MM1
Neutral Posbre 8500
Deerery:
45 days. IF In stod
42 dais
45 daps
30 days
2460 days
26 days
nerd dap
2 daps stock items
60 dap special order
RECOMMENDATION: EOS: Secticm 1:1.18 and 22.29,11,111.1VA-4
VVftm Secftd:19.21, fV.b4
Bobe Cascade: Section IV, 9
Refit Section II: mmdar 11•brn daoorrtinued aft 10/1199
REAWARD DATE
W
•
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: August 3. 1999
ITEM: Request from Wellborn Special Utility-District to constrict a 4' water line In the
SOURCE OF FUNDS: N/A I P
PRESENTATION:
A) No work will be pemtitted between front elope and/or back slope.
B) The line shall be Installed 1) within 3-6 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-cf-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.
S ED Y: APPROV
Richard F. Vance, P.E. Commissio r Tony Jones
County Engineer Precinct 1
CC99-060
ApprovedeDeniedO by Commissioners' Court
Date: 8- 3 -qq
Alvin W. Jones, ounty Judge
7, 3
r
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT dF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice Is he by Ive that applicant) lot 11b°ePI SOD proposes
t place a (ypewithin the rlght-of-way of (road)
In Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
1 understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that they might be on hand to designate the actual
location of the installation.
2. That all damage to the roadways and right-of-ways will be repaired to
their original condition to the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate
or lower any such line at no cost to Brazos County, should same become
necessary due to widening or lowering, or other alteration of the roadway
or right-of-way.
4. That Brazos County is in no way responsible for any damage that might
occur to any existing utility lines in the right-of-way.
5. That the line will be constructed and maintained on the County right-of-
way in accordance with governing laws.
6. That the line or lines will be constructed no less than forty-eight inches
(48-) lower than the center of the roadway whether there is, or is not, a
borrow ditch.
' 7. That all sites will be barricaded during the construction period. ~Z
C stru tion of this line will begin - on or after (date) L ` 1 day
19.
Firm: WC0 !/born _901D
By: Q10 715 1
Title:
Address: 0 • D K
APPROVED BY COMMISSIONERS'
COURT ON:
S -3-99
Date
Alvin . Jones
County Judge
ot
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: _ August 3.1999
ITEM: Request from Wickson Creek Special Utility District to construct a road bore for
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 3-6 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.
;icWhard~ ED B* APPROVED BY:
F. Vance. P.E. Commissioner William S. Thornton
County Engineer Precinct 2
CC99-062
h
Approvedg/DeniedO by Commissioners' Court
Date: 9-3-99
Alvin V. Jones, ounty Judge
i~
~I
~I
i'
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice Is hereby given that (applicantki rkson Greek S.v.D proposes to
place a (type)water linevAfiJR1fle right-of-way of (road)Dilly Shaw Tap Rd.
In Brazos County, Texas as follows:
The location or description of the proposed installation Is more fully shown by 3
copies of the drawings attached to this notice.
1 understand and agree that:
1. The County Engineer must by notified 72 hours prior to the beginning of
construction in order that he or his designated Inspector may inspect the
actual Installation.
2 That all damage to the roadways and rights-of-way will be repaired to
their original condition to the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same become
necessary due to widening or lowering, or other alteration of the
roadway or right-of-way.
4. That Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
S. That the line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1969.
6. That the line or lines will be constructed no less than twenty-four inches (241
lower than the lowest part of the drainage or bar ditch and the drainage Is to
be considered at least two feet (2') below the center of the roadway.
7. That all sites will be barricaded during the construction period.
Construction of this line will begin on or after theUb day of Jul y . 19i.9
Firm: -tiokson Creek,S.U.D.
By. Title: General Manager
Address: _ P. 0. Box 4756
Bryan. TX 77805
Phone: 409-589-3030
APPROVED BY COMMISSIONERS' .
COURT ON: jpncr 2
- . 3 . qq o ~ ~A 5 ~(lol~o
Date '
salt' 2 4'19
Alvin W. ones. County udge
.377 R¢. l va6h,"15+0a-
RWANd W2"7
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: August 3. 1999
ITEM: Request from Wickson Creek Special Utility District to construct a road bore for
a water line installation in the right of way illy Shaw TaI2 Road approximately 400 ft
from its intersection with Reed Lane. Site is located in Precinct 2.
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 3-6 of and parallel to the right-d way One 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.
IV
SUB ED BY-
Richard F. Vance, P.E.
County Engineer
CC99-061
APPROVED BY:
Commissioner William S. Thornton
Precinct 2
ApprovedRgDenledO by Commissioners' Court
Date: S - 3 - 99
Alvin . Jones Co tty Judge
p379
0
1
r
01
0~
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice Is hereby given that (applicantwinkson Creek S.U.Dproposes to
place a (type)water l ineAMRIRe right-of-way of (road) Dilly Shaw Tan Rd.
In Brazos County, Texas as follows:
The location or description of the proposed installation Is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that.
1. The County Engineer must by notified 72 hours prior to the beginning of
construction in order that he or his designated Inspector may inspect the
actual installation.
2. That all damage to the roadways and rights-of-way will be repaired to
their original condition to the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same become
necessary due to widening or lowering, or other alteration of the
roadway or right-of-way.
4. That Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines In the right-of-way.
5. That the line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. That the line or lines will be constructed no less than twenty-four inches (241
lower than the lowest part of the drainage or bar ditch and the drainage Is to
be considered at least two feet (2) below the center of the roadway.
7. That all sites will be barricaded during the construction period.
Construction of this line will begin on or after the -.tday of July '19-2.9
Firm: W1 cson Cr ek S.U.D.
By:
Title: General Manager
Address: _p, O. Box 4756
Bryan. TX 77805
rpone: 409-589-3030
APPROVED BY COMMISSIONERS'
COURT ON:
Date
acr z
OVA'. 05 Nomo
D(v' Z4 - 99
Atfy Judge p Q_
M
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r V
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DOCUMENT
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OF THE ORIGINAL
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