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HomeMy WebLinkAbout1994-10-31-0900AM-Special• t y BRAZOS COUNTY BRYAN. TSXA9 ILE 94 OCT 27 AH 11= 46 CLEM r t .a iacousc NJ 4400lu r i • • AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, OCTOBER 31, 1994 AT 9:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET. SUITE 115, BRYAN, TEXAS. 1. Invocation. 2. Pledge of Allegiance. 3. Consider and take action on approval of the minutes of the meetings held on September 19. 1994 (9:00 A.M.) and September 19, 1994 (10:30 A.M.) ! 4. Cuns1dor and take action un ummintmunl or i,r•utiming Judl(o fur I'r ocinct 2 fur tlw November H. 1994 (Conrad Elecliun. 5. 0msidor and Inko ac•lion on Im:mium r•aluK for county health insurarnc•c. 6. Consider and take action on using the service or AFI.AC uK Enr•cdler•s fur the Sec. 125 Plan (Flex Plan) and to administer the plan. ' 7. Consider and take action on Lease Agreement between Mike liensurling and Brazos County regarding lease space for Precinct 2 Justice of the Peace. 8. Consider and take action on the acceptance of donated property to Sheriffs Department. 9. Consider and take action on the approval to advertise for Annual Contract for Inmate Clothing. 10. Consider and take action on the calling of a Public Hearing for Monday, t November 21, 1994 at 10:30 A.M. regarding the posting of speed limits on Straub' Roads Stoualand Road and Hopes Creek Meadow Circle in Precinct 1. 11. Reconsider and take action on award of bid for Annual Culvert Contract for Road and Bridge Department and authorize the payment thereof. Bid No. 94- 762. • 12. Consider and take action on the following Replats : a. Tabor Ranchettes Precinct 2 b. Harvey Hillsides Precinct 3 13. Consider and take action on personnel change of status. 14. ConKlllos• and Inko neiiilrr 1111 lwry,wito or c:lai,im. Ili. AclJourn. The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. r To make arrangements call (409) 361-4102. t yf, l-q ry., w 3?, 9 • COMMISSIONERS' COURT I ` SPECIAL MEETING J OCTOBER 31, 1994 A special 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, October 31, 1994, with the following members of the Court present: R. J. Holmgreen, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2, Absent; Randy Sims, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Ruth McLeod Carol Palmer Bea Green John Reynolds Cheryl Turney Sandie Walker Richard Vance Bobby Riggs Rita Watkins John Arnold Phyllis Fahlquist Al Jones Executive Assistant Admin. Asst. to County Judge Secretary to Commissioners Auditor Auditor's Office Treasurer County Engineer Sheriff Sheriff's Office Brazos County Resident LWV Brazos County Resident Commissioner Sims gave the invocation and led the pledge of allegiance. The court next considered approval of the minutes of the Commissioners' Court meetings held September 19, 1994 (9:00 a.m.) and September 19, 1994 (10:30 a.m.). On motion by Commissioner Norton, seconded by Commissioner Turner, the court voted unanimously to approve the minutes as submitted. On motion by Commissioner Norton, seconded by Commis- sioner Sims, the Court voted unanimously to appoint the following person as presiding judge for the current voting year at the following voting precinct: Pct Election Judge Alternate Judge 2 Tom Allen on motion by Commissioner Norton, seconaea ay Commissioner Sims, the Court voted unanimously to adopt the .Y._+_c.6...4..,Y.a"~.«'r.~~..~..t~~..~~_~. - •r...ur. Jtls_w - _ -•-IY f~_•_a..s.~.y a~_f~.~]. ra • • • Commissioners Court meeting October 31, 1994 following premium rates for county health insurances Employee Only $250.00 Employee & $199.84 (paid by Co.) Spouse Employee & $120.74 Employee & $291.08 Children Family These monthly rates represent the September 1, 1994 through August 31, 1995 plan year. The Court next considered using the service of AFLAC as enrollers for the Sec. 125 Plan (Flex Plan) and to administer the plan free of charge. Commissioner Sims voiced concern that the proposal did not mention reports. He stated that this was very necessary. He recommended tabling consideration ' until this point could be clarified. Commissioner Norton moved to accept the proposal of AFLAC subject to meeting all necessary reporting requirements by the Auditor's office, that the contract begin January 1, 1995 and that it be on a month to month basis until Brazos County is on line with the new financial software. The motion was seconded by Commissioner Sims and carried unanimously. The Court next considered renewal of a lease agreement between Brazos County and Mike Hensarling of Brazos County for rental of office space in the building located at 14821 FM 2154 which is on the corner of FM 2154 and Church Street in Wellborn, Texas. This is for the use of the Justice of the Peace for Precinct 2. Term of the lease is for the period of one year commencing on October 31, 1994 and ending on September 30, 1995. The County agrees to pay to Mr. Mike Hensarling the amount of four hundred sixty dollars ($460.00) per month. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to renew the lease agreement between Brazos County and Mr. Hensarling for the period stated above. A copy of the lease agreement is attached. On motion by Commissioner Norton, seconded by Commis- sioner Sims, the Court voted unanimously to accept the donation of a JVC Camcorder Camera with all attachments from f • s . N. is It i, r Commissioners Court meeting October 31, 1994 EZ Pawn 0906. The camera is valued at $300.00 and will be used by the Sheriff's department. The next matter for consideration was approval to advertise for bids for inmate clothing. On motion by Commissioner Sims, seconded by commissioner Norton, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for inmate clothing. The Court next considered calling a Public Hearing for Monday November 21, 1994 at 10:30 a.m. to hear commentary for and against the posting of speed limits on Straub Road, Stousland Road and Hopes Creek Meadow Circle in Precinct 1. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to call a Public Hearing for Monday November 21, 1994 at 10:30 a.m. to hear commentary for and against the posting of speed limits on Straub Road, Stousland Road and Hopes Creek Meadow Circle in Precinct 1. The Court passed on reconsidering and taking action on awarding the bid for the annual culvert contract for the Road & Bridge Department. , The Court next considered the replat of two (2) subdivisions. The first was the replat of Lot 5 Tabor Ranchettes - 140.71 acres in the Francis W. Quota Survey, A- 199, as recorded in Volume 2158, Page 291 of the Official Records in the County Clerk's office. The site is in Precinct 2. The second replat was of Lot 1, Block 3, Harvey Hillsides, Morgan Rector League, A-45. The subdivision is in Precinct 3. County Engineer stated that he had reviewed the plats and they appeared to be in order. on motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to approve the replat of both subdivisions as submitted. 7 ~ ■ . 1 h 1 • Commissioners Court meeting October 31, 1994 The Court proceeded to consider the change of status of the following employees. NAME Stephens, Rebecca Pope, Billie Sawyer, Gary DeJesus, Alma Armstrong, P. Merchant, Myesia LeFlore, Jimmy Armstrong, J. Jackson, Glen Carter, Carol Sneed, Charles Howard, Tyrone Estes, Andrew Schultz, Ronald Bean, Rhonda Stephenson, Bruce Siracusa, Teresa Cole, William Saladiner, Peggy Darby, G. C., Jr. Barnett, Diana DEPARTMENT Auditor Bldg. Maint. Bldg. Maint. Co. Crt at Law II J. P. 7-1 Juvenile Serv. Road & Bridge Sheriff Office Sheriff Office Sheriff Office Sheriff Office Sheriff Office Sheriff Office Sheriff Office Sheriff Office Sheriff Office Sheriff Office Sheriff Office Tax Office Task Force JP 4-2 REASON New Employee Resignation New Employee Resignation New Emp 3/4 T New Employee Resignation Resignation Resignation Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase Sal Increase New Emp P/T Resignation New Employee on motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the changes with the stipulation that the new hire in the office of Justice of the Peace Precinct 4 Place 2 will receive no six (6) month salary increase. The Court next considered the following Claims as submitted by the County Treasurer for payment: 11 10--General Fund Claims-24552--thru-25230-- 11--RecordsManagement-------- Claims-25231--thru-------- 12--Court House Security------Claims-25232--thru-------- 20--Road & Bridge-------------Claims-25435--thru-25758-- 22--Road & Bridge II----------Claims-25 33--thru-2~-2W9- 32--Records Mgn. & Proav------ Claims-25270--thru-25271-- 40--LawLibrary--------------- Claims--25272--thru-2 281-- 45--Omnibus Crime Control Claims-25282--thru-252- 85-- 54--Health Department Claims-25305--thru-25325-- 60--Payroll------------------- Claims-25326--thru-25359-- 61--Health & Life Ins----- ----Claims -25360--thru-------- 62--F1exPlan-----------------Claims-25361--thru362-- 90--Brazos County Grants Claims-25363--thru- 4 91--MPO-----------------------Claims-25423--thru-25429-- 97--Narc. Traf. Task Force----Claims--2S 33-thru--19-4-F4- Commissioner Sims questioned the Sheriff on the purchase of Halloween pencils. The Sheriff replied that the pencils were handed out during Festifall at the Crime Prevention booth. Commissioner Sims asked to see one of the pencils. He stated that he did not want anyone to misconstrue this as campaigning. on motion by Commissioner Norton, seconded by 1 x• Commissioners Court meeting October 31, 1994 Commissioner Turner, the Court voted unanimously to approve the Claims as submitted. The County Judge announced that there would be an emergency meeting of the Commissioners Court Tuesday, November 1, 1994 at 9:30 a.m.. There being no further business to come before the Court, the meeting was adjourned. I I t uYS..J..'.ya.,..p..wa.•_....~.:~...J~ `~.~:.,.s.t-.' :.ec-i.~;a+~a:o.s.e.~ti~w.+.M-- • 01 • 0 Job. Qd. 3i, i9yy r The foregoing minutes of the Commissioners Court Meeting held have been examined and approved in open Court this the day of 19-4?-, in Bryan, Brazos County, Texas. i R.J. Holmgreen Gary Nor County Judge Commies er, _ recinct 1 /I Is,e.v7" Walter Wilcox Commissioner, Precinct 2 Hilton Turner Commissioner, Precinct 4 Commisplioner, Precinct 3 Mary AjIft Ward County Clerk i ' I { 4 MmMAL 13 AC3R3333ANC24W This lease Agreement is made and entered into this&&4day of October, 1994 by, and between MIKE HENSARLING of Brazos County, herein called "Lessor", and BRAZOS COUNTY, TEXAS herein called "Lessee". In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the following described premises located in Brazos County, Texas: Office space (approximately 940 sq. ft.) in the building located at 14821 FM 2154 which is on the corner of FM 2154 and Church Street in Wellborn to include water and sewer along with restroom. It will also provide handicap access. TEM The term of this lease shall be for a period of one year commencing on October 1, 1994 and ending on September 30, 1995. RENT Lessee agrees to pay to Lessor as rent for the leased premises the sum of FOUR HUNDRED SIXTY DOLLARS (;460.00) per month on the first of each month. USE OF PBEtiQSES The leased premise shall be used only as an office and Lessee shall not permit the leased premises or any part thereof to be use for: (a) the conduct of any offensive, noisy, or dangerous activity that would increase the premiums for fire insurance on the leased premises; (b) the creation or maintenance of a public nuisance; (c) anything which is against public regulations or rule of any public authority at any time applicable to the leased premises; or (d) any purpose or in any manner which will obstruct, interfere with, or infringe on the rights of other a • A 5 e r i i • • • { tenants or adjoining property owned by Lessor, nor shall the leased premises be occupied by any person or persons other than the person or persons authorized by ? Lessee. IMMUNITY AGREEMENT Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the leased premises, fee and harmless, from any and all liability for injury to, or death of, any person, including employees of Lessee or for damage to property arising from the use and occupancy of the leased premises by Lessee or from the act or omission of any person, or persons, including employees of Lessee, in or about the leased premises with the express or implied consent of lessee; provided that nothing in this agreement shall expand or enlarge the liability of lessee greater than that of Lessee under the Texas Tort Claims Act. ALTERATIONS AND WROVEMMITS Lessee shall make no alterations to the building on the leased premises nor construct any buildings or other improvements on the leased premises without first having obtained the written consent of Lessor. LESSOR REPAIRS Lessor shall, at his expense, change, clean, or replace all air conditioning filters as he deems necessary for the proper maintenance of the air conditioning equipment. Lessor shall, after notice and at his expense, make all roof, floor (other than surface material), pavement, electrical, plumbing, air condition, heating, structural repairs and replacements, including but not limited to those required by public authorities, all repairs and replacements to and painting of the exterior walls, (outside doors and overhead doors are considered as outside walls). Lessor shall replace all broken window and plate glass except damage resulting from negligence of Lessee. If Lessor fails or neglects within a reasonable time to make repairs or 2 s corrections which, under the terms hereof Lessor is required to make after written notice to Lessor by Lessee, or having started such repairs or corrections, Lessor fails to complete them within a reasonable time, Lessee may cause such repairs or corrections to be made or completed at Lessor's cost and expense and may deduct from subsequent installments of rent an amount sufficient to reimburse itself for costs and expenses incurred. Unless otherwise herein provided, all normal repairs, painting and replacements to the inside of buildings shall be made at the expense of Lessee which shall surrender the same at the end of the Lease term or any extension thereof in substantially as good condition as when received, ordinary wear and tear, damage by fire or the elements and unavoidable casualties excepted. DESTRUCTION OF PREMISES Should any building or improvements on the leased premises be damaged or destroyed by fire, the elements, acts of God, or other causes not the fault of Lessee or any person in or about the leased premises with the express or implied consent of Lessee, they shall be repaired or replaced by Lessor at his own cost and expense and the rent payable by Lessee pursuant to this lease shall be abated to the extent such damage or destruction renders the leased premises uninhabitable by Lessee. Provided however, should the cost of repairing or restoring any buildings or improvements so damaged or destroyed exceed twenty-five percent (25%) of the replacement cost of all buildings and improvements now located on the leased promises, or if more than fifty percent (50%) of the total floor space of the leased premises shall be rendered unfit for Lessee's occupancy this lease may be terminated by either party by ten (10) days written notice. If less than fifty percent (50%) of the total floor space of leased premises shall be uninhabitable and repair and restoration can be accomplished within ninety (90) days, Lessor may, at his option, either repair and restore the damaged buildings and improvements or cancel this 3 1 • . ~~-.~..u.a..~li~~.rl..'•1~..~a~rL'a_r~i~rlr .r...1.st` _ _ 1 ~ ~ _•..s_~..~._~.C..a._.. I I 1 I Y I R 01 01 40 1 r r lease and return any unearned rent previously paid by Lessee under this lease. CONDITION OF PREMISES Lessee stipulates that the leased premises, as well as all building and improvements located thereon, are at the date of this lease in good order, repair and a safe and clean condition. UTEUTIES All charges for electricity, shall be paid by Lessee. All charges for water and other utility services shall be paid by Lessor. IMPROVEMENTS PROPERTY OF LESSOR All alterations, changes, and improvements built constructed, or placed in the leased premises by Lessee, other than movable personal property shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain in the leased premises at the expiration or sooner termination of this lease. Lessee at the termination of the lease shall not be required to restore the improvements to their original condition. Nothing contained in this paragraph, however, shall authorize Lessee to make or place any such alteration, change, or improvements on the leased premises without having first obtained the written consent of Lessor. ASSIGNMENT AND SUBI.BTTINo Lessee shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of Lessor, which consent shall nit be unreasonably withheld. A consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. An assignment or subletting without the written consent of Lessor, shall be void and shall, at the option of the Lessor, terminate the lease. . i 4 1 c r: 1 • L. . LESSEE'S BIGHT TO PERFORM In the event Lessor violates or fails to perform any provisions or agreements of the lease to be performed or complied with by Lessor, and such violation or failure continues for fifteen days after written notice thereof to Lessor, Lessee may, in addition to all remedies available to it, be entitled to perform on behalf of Lessor and deduct all such payments from the rent. DEFAULT BE LESSEE Should Lessee be in default for a period of more than ten (10) days in the payment of any rent payable under this lease or in the performance of any other provision of this lease and such default continues for thirty (30) days after written notice, Lessor may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas in effect at the date of such default. HOLD OVER At the expiration of this lease, should lessee hold over for any reason whatsoever, it is hereby agreed that in the absence of a written agreement to the contrary, such tenancy shall be from month to month only under the same conditions and at the same monthly rental as provided herein. SUBORDINATION OF LEASE This lease and Lessee's leasehold interest under this lease are and shall be subject, subordinate, and inferior to any lien or encumbrance now on the leased premises by Lessor. RIGHT OF ENSPECTION 1 10, 1'.. Lessor and his agents have the right at all reasonable times during the terms of this lease to enter the leased premises for the purpose of inspecting them and all 5 • 1 ~ e ..l.e,_.i a. ~.ar..r.•..u L.~Y%. .JOrkY .:<a.:i Y _!i°~. spa :~si'i-` t.~ ~ r- -~C+.;.JdLJ.a _ I 01 01 f 1 4 Q 6 .~w.r 1 1 1 ' building and improvements thereon; provided however that the right of inspection shall not extend to any record, the disclosure of which is prohibited by law. PARKING Ample space will be provided for parking vehicles. NOTICES Any and all notices or other communication required or permitted by this lease to be served on or given to either party to this lease by the other party hereto shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to Lessor, Mike Hensarling, P. O. Box 126, Wellborn, Texas 77881; addressed to Lessee, Brazos County, 300 East 26th Street, Bryan, Texas 77803-5327, until otherwise notified. Either party hereto may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in this paragraph. USE OF OFFICES The leased premises are to be used as office space for the Justice of the Peace for Precinct Two (2) of Brazos County. LOCATION FOR RENT PAYNMNT Unless changed by written notice pursuant to the provisions in the above heading under Notices, all rent payable under this lease shall be paid to Lessor at P. O. Box 126, Wellborn, Texas, 77881. ATTORNEY'S FEES Should any litigation be commenced between the parties hereto concerning the leased premises, this lease, or the rights and duties of either party in relation thereof, the party prevailing in such litigation shall be entitled, in addition to such • relief as may be granted, to a reasonable sum as and for his attorney's fees in such litigation. TftM LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County. ' IMAL CONSTRUCTION In case any one or more of the provisions contained in the agreement shall for any reason be held to be invalid, illegal or unenforceable it shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. AMENDMENT No amendment, modification, or alteration of the terms hereof shell be binding unless the some be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. OPTION TO RENEW Lessee may renew this lease for one year by giving Lessor written notice of such renewal at least thirty (30) days prior to the expiration of the then current term. Each such renewal shall be upon the same terms and conditions. T w • A 7 ATTEST: i 4t/ Miry nn Ward County Clork LESSOR: MIKE HENSARLING By: LESSEE: BRAZOS COUNTY B, R. n County Judp • 1 1 I F F t • , 1 j THIS PAGE LEF? BLANK! 1 ` 1 1t i F • ~ .r „ ~r ~ ~ .J e....~ . tom. _..a.. .m.,...+a - _ - - _ _ _ _ _ _ : . _ _ _ - ~,..-..u.