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Home My WebLink About2000-10-31-0900AM-RegularA, u 1 BRAZOS COUNTY BRYAN. TEXAS z~ DCTzl AN 8: 4 4 CLERK ~.t,i:fHO SE •a;. UT NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN A REGULAR SESSION ON TUESDAY, OCTOBER 31, 2000 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TU STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation - Commissioner Sims. 2. Pledge of Allegiance - Commissioner Sims. 3. Call for citizen input and/or concerns. is Consider and take action on agenda items 4 - 22: 4. Budget Amendment 99/00-43. 5. Budget Amendment 00101-5. 6. Personnel Changes of Status. 7. Payment of Claims. 8. Appointing a committee to meet with the Bryan and College Station Fire Chiefs regarding EMS services to rural Brazos County. 9. Adoption of revised Subdivision Regulations. 10. Telephone Software Support Agreement and Rate Table Subscription Service with ISI. 11. Renewal Acceptance Form with Sun Life of Canada 12. Exemption from HIPAA provisions. • 13. Recommended List of Presiding and Alternate Judges. 14. Contract with the Brazos Valley Council of Governments for the County Indigent Health Care Program. 15.• Contract with the Brazos Animal Shelter. 16. Recurring Payment Requests for the following: a. Brazos Animal Shelter. b. Brazos Maternal & Child Health Care Commissioners Court Meeting Agenda October 31, 2000 Page Two 17. Resolution providing for the sale of property acquired by the County of Brazos at a -Delinquent Tax Sale and a Tax Resale Deed and authorization for County Judge to execute Tax Resale Deed for Lots G & H and the adjacent area, Brogdon Subdivision, i to Joan Clark. 18. Tax Resale Deed and authorization for County Judge to execute Tax Resale Deed for Lot 2, Block 13, Washington Heights Addition to the City of Bryan, to Frankie Dishman. 19. Blanket Purchase Orders: a. $1,500.00 to EOS for Community Supervision Department b. $1,000.00 to Good Source for the Sheriff s Office - Jail Administration c. $180,000.00 to Government Records for the County Clerk d. $1,000.00 to Quill Corporation for the District Attorney's Office e. $1,000.00 to Pitney Bowes for postage meter supplies/repair (non-departmental) 20. Requisition to Government Records for leasing of cashiering equipment for the County Clerk's Office. 21. Request from Verizon to construct road bores and approximately 1,750 feet of buried cable installations two feet inside the rights-of-way of Deerfield Drive, Deer Run Drive and Fawn Lane. Site is located in Precinct 3. 22. The Preliminary Plat of Birch Creek Estates, Lots 1-7,26.733 acre tract, W. G. Wilson Survey, J. S. Riley Survey, M. McLaughlin Survey. Site is located in Precinct 3. 23. Acknowledge receipt of the Treasurer's Quarter Ending 09-30-00 Investment Report. 24. Acknowledge receipt of monthly reports from elected officials and department heads. 25. Announcement of interest items and possible future agenda topics. 26. Call for citizen input and/or concerns. 27. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. 1 a l~ u • • COMMISSIONERS' COURT REGULAR MEETING OCTOBER 31, 2000 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, October 31, 2000, with the following members of the Court present: Alvin W. Jones, County Nudge, 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. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Sims gave the invocation and led the pledge of allegiance. There was no citizen input and/or concerns. The Court next considered Budget Amendment #99/00-43.0. This was a "clean up" amendment for fiscal year 2000. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted. A copy is attached. The Court next considered Budget Amendment #00/01-5.1 through 5.2, which would reduce the budget for the Comprehensive Underage Drinking Enforcement Program Grant and transfer funds from County Clerk Elections to County Clerk Administration. 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 employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Vol Page to 03 Commissioners' Court meeting October 31, 2000 2 Commissioner Sims, the Court voted unanimously to approve the } changes as submitted. 1 The Court next considered the following Claims as submitted by the County Treasurer for payment: 20012539 through 20012802 On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The Court next considered appointing a committee to meet with the Bryan and College Station Fire Chiefs regarding EMS services to rural Brazos County. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to appoint Commissioners Thornton and Sims to meet with the two Fire Chiefs. The next matter before the Court was the adoption of the revised Subdivision Regulations. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to adopt the revised Subdivision Regulations. A copy is attached. The Court next considered approval of a Telephone Software Support Agreement and Rate Table Subscription Service with ISI. Cost of software support is $1,617.00. Cost of the rate table subscription is $855.70. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the Telephone Software Support Agreement and Rate Table Subscription Service with ISI. A copy is attached. The next matter before the Court was the execution of the Renewal for Specific Stop Loss Insurance with Sun Life of Canada for group health insurance for County employees and i_ retirees. On motion by Commissioner Sims, seconded by ~ Commissioner Cauley, the Court voted unanimously to authorize Y I~ Vol DO Page d ]YY4tVd'l~fwi(`LG7]~'sfrr.'+.-:•• ~-r ••---••!Y • Commissioners' Court meeting October 31, 2000 3 the County Judge to execute the Renewal Acceptance Form with Sun Life of Canada for Specific Stop Loss Coverage. A copy is attached. The Court next considered exemption from the Health Insurance Portability and Accountability Act of 1996 (HIPAA). On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to be exempt from the following provisions of HIPAA for the plan year January 1, 2001 to December 31, 2000 : i 1) the limitations on imposing pre-existing conditions exclusions. 2) the requirement to have special enrollment periods for employees and dependents in certain circumstances; 3) the prohibition against discrimination on the basis of health status; 4) standards relating to benefits for mother and newborn; and 5) parity in the application of certain limits to mental health benefits. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to appoint the following persons as presiding judge and alternate judge for the current voting year at the following voting precincts: Pct # Election Judge Alternate Judge 2/82 Verda Beasley (D) 3ABC Nancy Dyer (D) 7AB LaJoi Grimes (D) 10 Lasca (Jean) Cangelos (D) 20 Jacqueline Ross (D) 21/61 Chere Chop-Flentroy (D) 30ABCD Janette Hedge (D) 33 Sara Leoppert (D) 35 Lucy Smith (D) 45ABCD Westonia Davenport (D) Kurten Special Election • 5 Jane Moore 7A Karen Hall Vol a-1 Page Helen Marie Welch 105 i Commissioners' Court meeting October 31, 2000 q The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos Valley Council of Governments (BVCOG) for administration of the County Indigent Health Care Program. The cost to Brazos County will be $60,000.00 annually. The term of the contract will be fiscal year October 1, 2000 through September 30, 2001. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the Brazos Valley Council of Governments. A copy of the contractual agreement is attached hereto. The next matter before the Court was approval of a Contractual Agreement between Brazos Animal Shelter for the reduction of animal control problems in Brazos County. The cost to Brazos County will be $70,000.00 annually. The term of the contract will be October 1, 2000 through September 30, 2001. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the Brazos Animal Shelter. A copy of the contractual agreement is attached hereto. The Court next considered authorizing the Auditor's office to process recurring payment requests for the following: a) Brazos Animal Shelter for animal control services for $70,000 b) Brazos Maternal & Child Health Care Clinic for indigent health care $70,000 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Auditor's office to process all the previously noted recurring payments. The Court next considered adopting a Resolution providing for the sale of property acquired by the County of Brazos at a Delinquent Tax Sale, a Tax Resale Deed and authorization for Vol J1 Page - to NO a Commissioners' Court meeting October 31, 2000 5 the County Judge to execute a Tax Resale deed for Lots G&H and • the adjacent area, Brogdon Subdivision to Joan Clark. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to adopt a Resolution providing for the sale of property acquired by the County of Brazos at a Delinquent Tax Sale, a Tax Resale Deed and authorization for the County Judge to execute a Tax Resale deed for Lots G&H and the adjacent area, Brogdon Subdivision to Joan Clark. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to authorize' the County Judge to execute a Tax Resale Deed to the following individual: Frankie Dishman - Lot 2 Block 13, Washington Heights Addition, City of Bryan, Brazos County, Texas • The Court proceeded to consider the following blanket Purchase Orders: EOS Community Supervision $ 1,500 Good Source Jail Administration $ 1,000 Government Records County Clerk $1 80,000 Quill Corporation District Attorney $ 11000 Pitney Bowes Non Departmental $ 1,000 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered approval of a requisition for the County Clerk's office for the following purchase: a) The leasing of one system 1500 cashiering system plus the addition of 2 cashiering stations $17,760.00 l~ u On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve payment of the requisition. The Court next considered the request from Verizon to construct road bores and place approximately 1,750 feet of d Vol off- Page U-7 Commissioners' Court meeting October 31, 2000 6 buried cable installations 2 feet inside the rights-of-way of Deerfield Drive, Deer Run Drive and Fawn Lane. The sites are located in Precinct 3. The County Engineer recommended denial because there are utility easements along both sides of Deerfield Drive. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to deny the request of Verizon._ The Court next considered approval of the Preliminary Plat of Birch Creek Estates Subdivision Lots 1-7 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 approve the preliminary plat of Birch Creek Estates Subdivision Lots 1-7 as submitted. The Court-acknowledged receipt of and ordered filed as submitted the Treasurers Quarter Ending 09-30-00 Investment Report. A copy of which is attached to and made a part of these minutes. Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) He received a letter requesting nominations for the local water district Region G Board b) He reminded attendees of a workshop to be held at 10:00 a.m. Under citizen input and/or concerns, the Emergency Management Coordinator informed those in attendance that our drought indicator number is below 600. The citizens of Brazos County are burning with caution. There being no further business to come before the Court, the meeting was adjourned. Dg Vol a-~ Page i • 10 1 1 Li The foregoing minutes of the Commissioners Court meeting held October 31. 2000 have been examined and are approved in open Court this the 27l*day of 20Q1 in Bryan, Brazos County, Texas. Alvi W. Jone County Judge 9;114e ' Ton Jo Commissioner, Precinct 1 m. S. Thornton Randy S' s Commissioner, Precinct 2 Commis ioner, Precinct 3 C rey Ca ey, Jr. COmmissi ner, Precin 4 fare--n-Mcqueen County Clerk Vol a~ Page l209 l BRAZOS COUNTY, TEXAS BUDGET ADJUSTMENTS No. 99/00 -43 Cont. Inn1 inn p.3of4 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 01 370001 601300 Dr. Computer Supplies 90.00 01 370001 715020 Dr. Rental - Facility 590,00 370001 616350 Cr. Hourly - Three Qtr Time 680.00 Co. Agricu lture Extension 17 110700 734000 Dr. Dispute Resolution Center 1,560.00 17 410060 Cr. Dispute Resolution Center 1,560.00 Alternative Dispute Resolution Fund 45 630005 913000 Dr. Transfer to General Fund 52,500.00 45 450500 Cr. Investment Interest 52,500.00 01 450500 Dr. Investment Interest 52,500.00 01 490150 Cr. Transfer fm capital Improve 52,500.00 Capital Projects Fund General Fund To increase the Transfer accounts to reflect the increased investment interest earned in the Capital Proj ects Fund which is transferred into the General Fund. 50 640050 711120 Dr. H&L Claims 430,000.00 50 450500 Cr. Investment Interest Revenue 60,000.00 50 460281 Cr. H&L Employer 262,000.00 50 470100 Cr. Reserve Fund Balance 108,000.00 Health and Life Insurance Fund To setup budget to allow for increased claims and the accrued claims for the year ending 9/30/00 and recognize increased resources and reserve fund balance needed to fund this increase. 55 280060 602600 Dr. Education Supplies 28,500.00 55 280060 513000 Cr. Salary - Staff 1,500.00 55 460200 Cr. Commissary - Sales 27,000.00 Inmate Commissarv To recognize increased resources to fund the expenditure overruns. Totals 1,076,800.00 54,680.00 repa'red Ry" "-NIKW P` pproved ate_: - - - - ' 10/27/00 atc: d~~a= ( 2a; 7-77- i • • ~jb BRAZOS COUNTY, TEXAS BUDGET ADJUSTMENTS No. 99/00 43 Cont. 10/31/2000 p.2of4 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 243001 617400 Dr. Telephone 20.00 01 243001 654500 Cr. Office Equipment Maint. 20.00 01 Justice of the Peace - #3 01 260010 618800 Dr. Utilities 400.00 01 260010 654500 Cr. Office Equipment Maint. 400.00 01 Community Su ervision - Suppo rt 01 280020 715000 Dr. Rental Equipment 100.00 01 280020 657500 Cr. Small Tools 100.00 01 Sheriff - Jail Admin. 01 302001 519850 Dr. Earned Comp. & Vac Time 580.00 01 302001 533000 Cr. Em . Health Insurance 410.00 01 302001 600800 Cr. Clothing/ Uniforms 170.00 01 Constable Pct 2 01 303001 538000 Dr. Worker's Comp. 80.00 01 303001 614500 Cr. Misc Expenditures 80.00 01 Constable Pct 3 01 306001 538000 Dr. Worker's Comp. 70.00 01 306001 618010 Cr. Travel 70.00 01 Constable Pct 6 01 310001 519850 Dr. Earned Comp. & Vac Time 16,300.00 01 310001 532000 Cr. Retirement 16,300.00 01 Juvenile Services Adm inistration 01 3190 603500 Dr. Food & Food Supplements 2,000.00 01 480800 Cr. TDHS - Commodities 2,000.00 01 TDHS - Commodities 01 245001 538565- 1 Dr. Worker's Comp. 120.00 01 245001 616800 Cr. Training 120.00 01 Justice of the Peace -X15 01 100020 618010 Dr. Travel 410.00 01 110015 611300 Cr. Contingency 410.00 01 Veteran's Services 01 365001 618800 Dr. Utilities 10,100.00 01 365001 516100 Cr. Hourly - Staff 10,100.00 01 Brazos Center - Admin. Totals 32,180.00 28,180.00 I` V-1 red 'By: `:T's-` MKWI Approved Byi l 4! r , Prepa Date' A';~lU%27/2000; Date: WWI- al ~~~l~121,30, BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2000-2001 BUDGET YEAR NO. 00/01 - 5.1 through 5.2 On this the 31st day of October 2000 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; Wm. S. Thornton, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on October 31, 2000 the Court heard and approved a budget amendment for the 2000-2001 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 9, 1999 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 31st day of October 2000. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: V-Q~~ Alvin W. Jones, County Judge 1 I Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes fall `J s G BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/0 1 -5.1 - - - 10!31!2000 - - - FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 490482 Dr. TDT-CUDEP 46,800 00 30 1831 516150 Cr. Ilourl - Law Enforcement 36,000 00 30 1831 531000 Cr. Social Security 2.900.00 30 1831 532000 Cr. Rctiemcnt 4,065.00 30 1831 533000 Cr. Employee Health Insurance 3,400.00 30 1831 538000 Cr. Worker's Compensation 435.00 Crant Fund . Comprehensive Underage Drinking Enforcement Pro ram Grant To reduce the existing budget for the CUDEP Grant in the amount that the final rant award was reduced. fhe final rant award was reduced by the rant coordinators salary and benefits. The rant coordinators salary and benefits were bud Betted for in the Count Attorney's Office Budget. Prepared By: gkc ! Approved By:_ C'C Date: *:1MV2000 i Date: . p• ...,p_ .......W .r.LU~-_-F.a.-aW.a... Lwir.~~~~..~w1.. W..b i.r s...r....ua+..~4 jai. ww. Je...u... ...1 , t . BRAZOS COUNTY, TEXAS BUDGET No. 00/01-5.2 10/31/2000 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 210001 516200 Dr. Hourly - Overtime 2,600.00 01 210001 531000 Dr. Social Security 200.00 01 210001 532000 Dr. Retirement 285.00 01 210001 538000 Dr. Worker's Compensation 5.00 01 210020 516200 Cr. Hourly - Overtime 2,600.00 01 210020 531000 Cr. Social Security 200.00 01 210020 532000 Cr. Retirement 285.00 01 210020 538000 Cr. Worker's Compensation 5.00 General Fund Count Clerk- Administration County Clerk - Elections l'o move the overtime expense for count clerk employees that also work elections to Count Cler k Administration. - I- - - J Prepared By: gkc Approved BY: Date: 10/27/2000 Date: - • BRAZOS COUNTY BRYAN, TEXAS 77801 Ll t . MARY ANN WARD COUNTY CLERK 70: HONORABLE AL JONES COUNTY JUDGE BRAZOS COUNTY COMMISSIONERS BRAZOS COUNTY AUDITOR PLEASE MOVE $2,600 OF HOURLY OVERTIMlE FROM ELECTION-ACC'T. 516200 INTO COUNTY CLERK ADMINISTRATION. !LOVE $200.00 OF SOCIAL SECURITY-531000, $285. - 532000; AND $5.00 - 538000. THANK YOII,~W kA Z ?MARY W~ ~(di/ . COUNTY CLERK PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: October 31, 2000 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status i###iiiii#ii##i44 4ii##i#iii4######44###i###iii#i4####•4##i #i#i4##4#ii4i#4######i4#i# DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED ##4i##4#ii######4 4444##i4ii#i4##44444#444#44##ii###4#it#4# ##4#1444444##ii#4###44###4 361 DISTRICT COURT OEHLERT, TANYA MERIT INCREASE WILKEY. KAREN MERIT INCREASE AG EXTENSION POUNDERS, PENNY MERIT INCREASE FRENZEL, MARILYN MERIT INCREASE KETTLER, LINDSAY MERIT INCREASE ZIMMERMAN. ERIC MERIT INCREASE SEE, REBEKAH MERIT INCREASE DISTRICT ATTORNEY KEIM, PETER COMPLETED PROBATION PETERSON, KATHRYN COMPLETED PROBATION STANDAERT, VANESSA M RESIGNATION MORALES, NORMA RESIGNATION SUSTAYTA, KATHRYN TRANSFER INTO F/P POSITION DISTRICT CLERK ZARAGOZA, ALESHA F MERIT INCREASE SIPES, MELANIE A MERIT INCREASE MICHAEL, MARY MERIT INCREASE PROBST. ANDREA MERIT INCREASE CARSON, JULIE C MERIT INCREASE MATTHEWS, HOLLIE MERIT INCREASE DENO, KATHLEEN J MERIT INCREASE VANCE, EMILY S MERIT INCREASE DISTRICT CLERK-COLLECTIONS LYNCH, BELINDA MERIT INCREASE i JUVENILE SERVICES MCDONALD,TERRANCE RESIGNATION PURCHASING STEPHENS. REBECCA A RESIGNATION RUSSELL, LINDA D PROMOTION ROAD & BRIDGE MANTEY, JR TONEY C NEW HIRE F/r^ P SHERIFF OFF. - JAIL DIVISION SHUMAKER, ROBERT E PROMOTION CARPENTER, KENNETH J TRANSFER FROM COURTHOUSE SECURITY Approved in Commissioners' Court: October 31, 2000 County Judge's or Commissioner's Signature: Lam!` _ (This copy to be attached to minutes) Vol bag f • I I SUBDIVISION AND DEVELOPMENT REGULATIONS REGULATING THE FILING FOR RECORD OF SUBDIVISION PLATS AND ESTABLISHING CONSTRUCTION STANDARDS AND OTHER REQUIREMENTS PERTINENT THERETO FOR ALL SUBDIVISIONS SITUATED OUTSIDE THE BOUNDARIES OF ANY INCORPORATED TOWN OR CITY IN BRAZOS, COUNTY, TEXAS. THE STATE OF TEXAS § IN THE COMMISSIONER COURT COUNTY OF BRAZOS § OF BRAZOS COUNTY, TEXAS It is Ordered by the Commissioners Court of Brazos County, Texas, on this the 31...f day of &JV~-W . 2000, that the requirements and policies for the subdivision of certain property and construction of roads and streets in such subdivisions in Brazos County, Texas, under the provisions of Chapter 232 of the Local Government Code, Vernon's Texas Codes, be the following: ARTICLE I. PREAMBLE AND PURPOSE A. Purpose. These Subdivision and Development Regulations have been adopted by the Brazos County Commissioners Court to provide a framework for the orderly and efficient development of rural and suburban Brazos County. B. Authority. These Subdivision Regulation.-, have been adopted based on the following findings: 1. The Commissioners Court of Brazos County has the authority to regulate the subdivision process pursuant to Local Government Code, Section 232.001 et.se4.; 2. The Brazos County Health District has been designated by the Texas Natural Resource Conservation Commission as the authorized agent for the licensing and regulation of on site sewerage facilities within Brazos County and these Regulations are a necessary component of such regulation; 3. The Commissioners Court of Brazos County has the authority and obligation to exercise general control over the roads, highways and bridges of Brazos County; 4. The Commissioners Court of Brazos County has been granted the authority and responsibility under the Federal Emergency Management Act to administer floodplain guidelines within the County; 00.1031 Subdivision Reg - Version 7 Page 1 of 41 x a i a I , l 5. The Commissioners Court of Brazos County has considered the potential pollution, nuisances and injury to public health that could be caused by the use of private sewerage facilities within the County and has adapted these Regulations to abate or prevent the potential pollution, nuisances or injury to public health 6. The Commissioners Court of Brazos County has the authority and obligation to protect the public health, safety and welfare of the citizens of Brazos County. C. Necessi . The Commissioners Court of Brazos County, following public notice and hearing, has declared and hereby declares these Regulations to be necessary and appropriate to accomplish the purposes and goals enumerated above. ARTICLE II. A. Definitions. As used in these regulations, the following words shall have the meanings set forth below: 1. "ADDITION" - addition shall have the same meaning as subdivision as defined herein. 2. "COMMISSIONERS COURT" - the duly elected and serving County Judge of Brazos County and the four (4) County Commissioners. 3. "COUNTY COMMISSIONER" - the duly elected and serving Commissioner of Brazos County in whose Commissioner Precinct the proposed subdivision is located. 4. "DWELLING UNIT" - Any building or structure, other than a Single Family Residence, connected to or served by a sewerage facility, including multi-family apartment complexes, any residential development other than Single Family Houses (i.e. tri or quad plexes). 5. "ENGINEER" - a registered Professional Engineer, licensed by the State of Texas in accordance with existing laws. 6. "EXTRATERRITORIAL JURISDICTION" - that unincorporated area contiguous to the corporate boundaries of a city and which is within the distance authorized by law to be claimed by such city as its Extraterritorial Jurisdiction. Such area comprising the Extraterritorial Jurisdiction for each city is evidenced on maps on file in the office of the secretary of such city. W1031 Sub&vWoo RcS - version 7 Pere 2 of 41 i 7. "FINAL PLAT" - A map of a proposed Subdivision of land prepared in a form suitable for filing of record with all necessary survey drawings, notes, information, affidavits, dedications and acceptances as required by these Regulations. 8. "HEALTH DISTRICT" - The Brazos County Health District. 9. "MANUFACTURED HOME RENTAL COMMUNITY" - is a plot or tract of land that is separated into two or more spaces or lots that are rented, leased, or offered for rent or lease, for a term of less that 60 months without a purchase option, for the installation of manufactured homes for the use and occupancy as residences. 10. "MORTGAGEE" - the person, firm, corporation, or other legal entity, holding any mortgage, deed of trust lien, or other encumbrance, covering the tract of land sought to be subdivided pursuant to these regulations, or any portion of such tract. 11. "ORIGINAL TRACT" -The original tract of land owned by an Owner prior to the proposed Subdivision. 12. "OWNER" - the person, firm, corporation or other legal entity, or combination thereof, owning legal fee simple title to the tract of land sought to be subdivided pursuant to these regulations. Also referred to as a "SUBDIVIDER". • 13. "PERMITTED AEROBIC ON-SITE WASTEWATER SYSTEM - An on-site system of sewage disposal, which has been licensed by the Brazos County Health District, utilizing an aerobic treatment system designed to encourage use of the effluent for irrigation on the premises and with all effluent meeting the criteria established by the Health District. 14. "PRELIMINARY PLAN' - A map of proposed Subdivision of land showing the general dimensions and boundaries of the Resulting Tract, the lay out of the proposed streets and other information required by these Regulations. 15. "PRIVATE SEPTIC SYSTEM" - On or off site sewerage facilities including septic tanks, sewage holding tanks, chemical toilets, treatment tanks and all other such facilities and systems other than Public Sewer Systems. 16. "PUBLIC SEWER SYSTEM" - Any public or private sewerage system for the collection of sewage that flows into a treatment and disposal system that is regulated pursuant to the rules of the Texas Natural Resource Conservation Commission and Chapter 26 of the Texas Water Code. 17. "RAINFALL CATCHMENT SYSTEM" - Any system for capturing rainwater and converting it to household use without reliance on a well or other, which is approved by the Brazos County Health Department. r 00.1031 SabdivW= Res - ver:ioa 7 hV 3 of 41 ` P66 ' 18. "RECORD PLAT" - A plat that has received final approval from the County Commissioners Court and contains those disclosures and certifications required by Article IV E hereof. 19. "RESULTING TRACT" - Any tract to be created by the division of the Original Tract pursuant to the proposed Subdivision application, including the remainder of the Original Tract. 20. "SUBDIVISION" - any division of a tract of lands into two (2) or more parts (i) to lay out a subdivision of the tract, including an addition, or (ii) to lay out lots or (iii) to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts. The term includes a re- subdivision of any tract in an existing subdivision, and when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. A division of a tract includes a division regardless of whether it is made by metes and bounds description in a deed of conveyance, or in a contract for deed or other executive contract to convey or) or by using any other method of conveyance of an interest in land. 21. "SURVEYOR" - a Registered Professional Land Surveyor (RPLS), licensed by the State of Texas in accordance with existing law. ARTICLE III. GENERAL REQUIREMENTS AND EXCEPTIONS A. Subdividing of Property. The owner or owners of any tract of land situated outside the boundaries of any incorporated town or city in Brazos County, Texas, who, subsequent to the effective date of these regulations, has divided or will divide the same in two (2) or more parts for the purpose (i) of laying out any subdivision of any such tract of land, or (ii) for laying out lots or (iii) to lay out, streets, parks, alleys, or squares, including and addition, or other portion intended for public use, or for the use of the purchasers or owners of such lots fronting on or adjacent to the streets, alleys, squares, parks or other parts of such tract, must comply with the rules and regulations adopted herein. A division of a tract includes a division regardless of whether it is made by metes and bounds description in a deed of conveyance, or in a contract for deed or other executive contract to convey or by using any other method of conveyance of an interest in land. B. Exceptions to Plat Requirement. A plat is not required if the Owner's division of a tract of land into two or more parts, does not include laying out part of the tract with streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts; and if the following conditions are met: 00-1071 Subdivision RCS - Vasm 7 Pace 4 of 41 1. the land is to be used primarily for agricultural use as defined by Section Imo, Article VIII, Texas Constitution or for farm ranch, wildlife management or timber production use within the meaning of Texas Constitution, Article VIII, Section I-d-1; or 2. the owner divides the tract into four (4) or fewer parts, if each Resulting Tract is sold, given or otherwise transferred to a person who is related to the owner within the third degree of consanguinity or affinity as determined under the Texas Government Code, Chapter 573; or 3. all of the lots are more than 10 acres in area; or 4. if all of the lots are sold to Veterans through the Veterans Land Board program; or 5. if the land to be subdivided belongs to the State, any state agency, board or commission, the permanent school fund or any other dedicated funds of the state; or 6. if the owner of the Original Tract is to retain part of the Resulting Tract and the remainder of the Original Tract is to be transferred to another person who will further subdivide the Resulting Tract in accordance with these Regulations; or 7. all Resulting tracts created from the division of one Original tract are to be transferred to persons who owned an undivided interest in the Original Tract and a plat is filed as required herein before any further subdivision occurs. C. Loss of Exception. A tract which has qualified for an exemption from these plat requirements shall lose such exemption if it ceases to meet the requirements set forth in Paragraph B above. D. Political Subdivisions. These regulations shall not apply if the Owner of the land to be divided is (i) a political subdivision of the state; (ii) the land is situated in the flood plain; and (iii) the lots are sold to adjacent landowners. E. Invalidity. In the event that any portion of these specification should be held unconstitutional, or invalid, other parts hereof shall not be affected thereby and they shall be held in effect unless and until otherwise changed by the Commissioners Court of Brazos County, Texas, and so recorded in its Minutes. F. Health Issues. Owners of properties in Brazos County subdividing or resubdividing the same shall familiarize themselves with the rules for sanitation and avoidance of water, air, or other types of pollution as established by Federal or State statute or regulation or by the Health 00-1031 S"visim Res - Vmim 7 i V ! 041 VO L 2. Concurrently with the filing of an application for Final Plat approval which contemplates a Homeowners Association to maintain the streets within the Subdivision, the Owner shall submit the following: (a) Ready-for-execution copies of the articles of incorporation and bylaws of the Homeowners Association, which has effective revenue capacity and enforcement procedures to fund the road maintenance contemplated for the subdivision. (b) The anticipated cost, per linear foot, of each street proposed to be constructed within the Subdivision; (c) The total estimated construction cost of all the streets proposed to be constructed within the Subdivision; and (d) The minimum annual assessments that will be imposed upon members of the Homeowners Association. 3. Concurrently with the filing of an application for Final Plat approval in all subdivisions for which the source of water supply intended for the subdivision is groundwater under the Original Tract, the Owner shall as part of and as an attachment to such application include a statement that (1) is prepared by an engineer and (ii) certifies that adequate groundwater is available for the subdivision. Such certification shall be in the form established by the Texas Natural Resources Conservation Commission by rule. E. Recorded Plat. Within Ten (10) days following approval of the Final Plat, the Owner shall present a Record Plat to the County Engineer for delivery to the County Judge for execution. The Record Plat shall contain, or be submitted with, the following: 1. All revisions necessary to comply with any conditions to approval of the Final Plat stipulated by the Commissioners Court. 2. Final Construction Plans for all streets and drainage improvements, certified under the seal of a professional engineer to be in compliance with these Regulations. 3. Construction and maintenance security required under Articles IX and XII or executed Articles of Incorporation and bylaws for an approved Homeowners Association, as applicable. 4. All boundaries and dimensions and certified to as to accuracy by the Engineer or Surveyor preparing the same from an actual survey on the ground. It also must show in reasonable detail the location and width of 00-1031 subdiVW= RCS - Vusion 7 4 a . I-l>A 0-S Page 8 of 41 • L w ti existing and dedicated streets, lots, and utility and drainage easements, and similar facts regarding all property immediately adjacent thereto. 5. All information shall be prepared at a scale so as to be legible after the reduction and recording process. (maximum 1"=200'; Preferred l"=100') 6. A location map showing the location of the subdivision in Brazos County. 7. A clear delineation of any property lying below the 100 year flood plain elevation, as established by the Corp of Engineers, or a note to the effect that "Information regarding areas of this property subject to the flooding (100 year flood plain) has not been developed by the U. S. Corps of Engineers. Buyers of property are cautioned to make personal inquiry as to local flood hazards." An outlined note to the effect that a Flood Plain Permit will be required on all tracts prior to the construction of any structure. The permit may be obtained from the County Engineer's office at 2617 Highway 21 West, Bryan, Tx. 77803 (979- 822-2127). 8. A clear delineation of any area within the subdivision known to Owner or Surveyor/Engineer to be subject to frequent flooding. r~ 9. An outlined note to the effect that no private sewage facility may be installed on any lot in this subdivision without the prior issuance of a license by the Brazos County Health District under the provisions of the Private Sewage Facility Regulations adopted by the Commissioners Court of Brazos County, pursuant to the provisions of the Texas Health and Safety Code. A Letter of Acknowledgement from the Brazos County Health District shall be required. 10. Certificates and Dedications as follows: (a) Certificate of Ownership and Dedication as follows: "I (or we) owner(s) of the land shown on this plat and designated herein as a subdivision in Brazos County, Texas, hereby dedicated to the use of the public forever all rights-of-way, easements, and other public places shown herein. • Signature With appropriate acknowledgement(s). 00.1011 Sub&vitioe Re= - Vahan 7 *1~ I ~ hp 9 of 4l 02 'go'I ARE - ..rw .a_y- ...a u. rk„~. r.w..>_..i.r.+w...v~r._.,-.Y •r.G.~.-~ay.u+<. p.ara..e -aa- r... r.-a+. .a ...a +._...nl (b) A Certificate of Mortgagee, if any, as follows: 'Me undersigned, holder of a deed of trust lien or other encumbrance against the property subdivided herein, hereby joins in the dedication of all streets, alleys, parks, and utility easements to the public as set forth in the Ownees Certificate hereon. Dated this day of . 20 Mortgagee With appropriate acknowledgement(s). (c) A Certificate of Surveyor as follows: "1, . Registered Professional Land Surveyor, in the State of Texas, hereby certify that this plat is true and correct, was prepared from an actual survey of the property made on the ground under my supervision. Surveyor (d) A Certificate of Engineer as follows: i Registered Engineer, certify that proper engineering consideration has been given to the improvements described herein Engineer 00.1031 WAvisim Res - Vesim 7 (e) A Certificate of Approval as follows: "This subdivision plat was duly approved by the Commissioners Court of Brazos County, Texas, as the Final Plat of such subdivision on the day of , 20 Per 10 of 41 , 4 a i i i i 6 • (f) A Certificate of the County Clerk as follows: "I, . County Clerk of Brazos County, Texas, do hereby certify that this plat, with its certificates of authentication was filed for record on the day of . 20 and duly recorded in Volume Page Official Records of Brazos County, Texas. County Clerk Brazos County, Texas 11. The name of the subdivision, number of acres contained therein, the survey in which it is located, and a list of streets by name showing centerline length of street. • 1 t t Signed this the day of . 20 County Judge Brazos County, Texas 12. On plats of subdivisions within the extraterritorial jurisdiction of any city, such other and further information as may be required by such city. 13. A clear delineation of all existing recorded easements lying within the boundaries of subdivision (pipeline, utilities, drainage, etc.). 14. Such other information as necessary to comply with and describe the requirements imposed by these regulations. D. Form of Final Plat. The Final Plat shall be an original drawing on Mylar Material, or other paper approved by the Commissioners Court, with true dimensions to correspond with the Engineer's scale as described on said plat. The Plat must be on one or more sheets measuring twenty-four (24) inches wide and thirty-six (36) inches long in size, with a two and one-half (2 1/2) inch binding margin on the left of said sheet, and an appropriate margin on each of the other three (3) sides. Where the area being subdivided will not fit in the aforesaid dimensions, two (2) or more sheets shall be used. If two (2) or more sheets are used, a key map showing the entire area shall be drawn on the first sheet, or on a separate sheet. Eight copies will be required Also, a computer disk of the plat will be required when applicable in microstation or AutoCAD format, of the layout of the lots and streets (to scale and with State Plane Coordinates, Central Texas Zone) within the development, shall be submitted for incorporation into the community wide map. 00-1031 SubdMsim ~i - Vasim 7 Pie 11 of 41 ODLZ -p - ` . n.... t .~...J~ _w.4..n.......~.....w.L~uur.......I..r.S..t. ~-.5.....:ew•+.~r..ud.i su..L- ,a . . . _ E. Fees. Fees of the Office of the County Clerk in the amount then in effect shall be paid at the time the Final Plat is filed. ARTICLE V. SUBDIVISION REQUIREMENTS A. Subdivision and Resubdivisions Within a City Extraterritorial Jurisdiction. Subdivisions and Resubdivisions within the extraterritorial jurisdiction of any city shall conform to the requirements as set forth below. Subdivisions within the extraterritorial jurisdiction of any city shall conform to the subdivision and construction requirements then in effect of such city, except that: a. no utilities may be placed in the street rights-0f--way, but shall be placed in utility easements provided for that purpose; except that with a 100' right-0f--way this provision may be waived by Commissioners Court. b. the entire width of all street rights-of-way shall be cleared; and c. any requirements of these regulations that exceed the requirements of said City or are not imposed by said City shall be met. The Commissioners Court shall be the final authority of whether or not a particular requirement of these regulations shall be imposed on proposed subdivisions within the extraterritorial jurisdiction of a city, regardless whether or not assurance is received from the applicable city that the entire subdivision will be annexed prior to the expiration of the two (2) year maintenance period provided for in Article XII of these Regulations. The Plat shall require joint approval of the City and the Commissioners Court and any bond filed shall be payable jointly to the City and County Judge as specified herein. 2. In subdivisions within the extraterritorial jurisdiction of a city, the Owner shall notify the Commissioners Court, at the beginning of the city's administrative process, of his intention to subdivide his property, and seek approval of the proposed plats. The Owner shall at that time deliver a copy of the proposed plat to the County Engineer. Thereafter, the Owner shall advise the Commissioners Court of the status of the project from time to time during the city's administrative process. After final approval and signing of the Plat by proper officials of the City, the Plat and Construction Bond or Letter of Credit, if same is to be posted by the Owner, shall be submitted to the Commissioners Court for approval. The Commissioners 00.1031 SubdMsIon Res - Vation 7 Page 12 of 41 . a I cps. 0 • t i s Court shall have 60 days from such submittal to accept or reject such application. 3. Where there is an existing subdivision within the extraterritorial jurisdiction of any city, and one or more lots are to be resubdivided, the Owner shall comply with the resubdivision requirements of the City. Owner shall present proof to the County Engineer that all City notices and procedures have been complied with. After final approval of such resubdivision by the City, the Owner shall submit the replat for acceptance and execution by the County Commissioners Court. 4. It shall be duty of the person filing the Plat or replat to ascertain if the tract or subdivision falls within the extraterritorial jurisdiction of a municipality. B. Rural Subdivision of Less than One Acre. Subdivisions outside the extraterritorial jurisdiction of any city where any lot is less than one (1) acre shall conform to the following requirements: 4 1 1. The City of Bryan standards for a comparable subdivision if located within that City, except that: a. no utilities may be placed in the street rights-of-way, but shall be placed in utility easements provided for that purpose, except that with a 100' rights-of-way this provision may be waived by Commissioners Court b. the entire width of all street rights-of-way shall be cleared; and c. any requirements of these regulations that exceed requirements of said City or are not imposed by said city shall be met. 2. The Commissioners Court shall be the final authority of whether or not a particular requirement of these regulations shall be imposed outside the extraterritorial jurisdiction of any municipality in the County. 3. Subdivisions described in Paragraph V.B above shall, in addition to the City of Bryan standards, meet the requirements of Section IV; Section V.C. to the extent that such requirements exceed such City's standards; Section VIII; Section IX; Section XI; Section )M; and Section XIH. C. Rural Subdivision of One Acre or More. Any subdivision located outside the extraterritorial jurisdiction of any city where all lots exceed one (1) acre in size, except lots exempt under Article III B3 hereo& shall conform to the following requirements: 1. The name of the proposed subdivision must not be the same or deceptively similar in spelling to the name of any other subdivision in Brazos County. W10.11 subdivision Res - version 7 (.004g, 0 Poe 13 or 41 l Street names shall be used which avoid duplication or similarity to any existing street in Brazos County or within any city therein. Streets which are a continuation of any existing street shall take the name of the existing street. 2. Lot and block number are to be arranged in a systematic order and shown on the plat in distinct and legible figures. 3. Boundary lines must be shown by bearings and distances, calling for the lines of established surveys, landmarks, school districts, and other data furnished, sufficient to locate the property on the ground. All blocks, corners, and angles in streets and alleys shall be marked according to the "Minimum Standards of Practice' approved by the Texas Board of Professional Land Surveying. 4. Location of lots, streets, parks, easements, and other features must be shown with accurate dimensions in feet and decimals of feet. Lots must have a minimum road frontage of seventy feet (70'). Length of radii and arcs of all curves, with bearings of all tangents, must be shown, also distances from all angle points and points of curve to lot lines. 5. Arterial, or main lateral streets, or set back lines, are to be provided in locations where the Commissioners Court, and the County Engineer consider them necessary. Driveway entrances directly onto highways and thoroughfares are discouraged by the County and the Commissioners Court reserves the right to reject a plat for final approval if the lots within such subdivision provide for direct driveway entrance onto and off of highways and thoroughfares. 6. Designated thoroughfares shall have a minimum right-of-way of one hundred feet (100'). All other streets must provide unhampered circulation through the subdivision and shall have a minimum width of right-of-way of seventy feet (70'), unless otherwise approved by Commissioners Court. Where a dead-end street is designed to be so permanently, a cul-de-sac shall be provided at the closed end having an outside Right-of-Way diameter of one hundred feet (100) and a roadway diameter of sixty feet (60'). Dead-end streets may be platted where the Commissioners Court and the County Engineer deem desirable and where the land adjoins property not subdivided, in which case, the streets shall be carried to the boundaries thereof. Where a proposed subdivision abuts an existing county road having less than the minimum required right-of-way, the Owner shall dedicate or cause to be dedicated sufficient additional right-of-way to meet minimum County requirements. Maximum length of cul de sac and dead end portions of streets shall be 1000 feet. i 00.1071 subdivision Reg • vasion 7 Page 14 of 41 \ • 4 it-.~.. r...-.....~-.~. .u... 5 ......n .e. • 7. All streets are to intersect at ninety (90) degree angles; where this is not possible, the intersection on the side of the acute angle must be cut back, at a minimum fifty feet (50') radius as specified by the County Engineer. 8. In cases where new streets, as platted, intersect with established streets, the new streets shall be, if practicable, a continuation without offset of any intersecting street on the opposite side of said established street. 9. No street shall have an abrupt offset, "jog", or sharp turn of less than a radius of 2008. For maintenance and safety reasons, the County favors and encourages sweeping curves when planning the proposed subdivision. 10. Where streets in an adjoining subdivision dead-end at the property line of the new subdivision, the said streets shall be continued through the new subdivision, either on a straight line, or a curve as provided elsewhere herein. Where no adjacent connections are platted, the streets in the new subdivision must in general be the reasonable projections of streets in the adjacent subdivided tracts. All streets in new subdivisions shall be platted so that a continuation of said streets may be made in other subdivisions in the future. 11. Where part of a street has been dedicated in an adjoining subdivision adjacent to and along the common property line of two (2) subdivisions, enough width of right-of-way must be dedicated in the new subdivision to provide the minimum width specified herein. • 12. No squares, "islands", or other obstructions to traffic shall be reserved within the right-of-way; this shall not exclude small parts where the streets are properly curved, or esplanades. If exceptions are permitted, traffic lanes shall still be required to be 12 feet in width with additional shoulder and appropriate delineation. 13. Points of access from existing streets and roads to adjacent property where no street exists shall be clearly shown. 14. All streets and roads shall be marked by signs approved by the County Engineer (street names, curves, delineators, etc) but not stop signs or speed limit signs unless a formal engineering study is done to substantiate the necessity of these signs. 15. Any damage to existing streets and roads resulting from construction shall be repaired by the Owner at no cost to Brazos County, and to the satisfaction of the Commissioners Court and County Engineer, in their sole discretion. 16. Dedication of utility easements not less than sixteen feet (16) wide must be 0 00-1031 subdivision Re= • vasion 7 rpLj.'.~- pAg, 6.35 Pale iS of 41 provided for public use on each side of all streets. No structure of any type shall be placed on said easement and unrestricted passage must be maintained at all times. Where conditions make this impractical an easement on only one side of the road may be provided, not less than twenty feet (20') in width. There shall also be a ten foot (10') wide utility easement along the sides and backs of all lots. All utility easements shall lie and be situated completely within the subdivision boundaries. The Owner shall coordinate utility installations with all utility companies prior to submission of the Final Plat. All utility easements along roads or streets shall be cleared of all brush and small trees. 17. No utilities may be placed under any street. All utilities shall be within the designated utility easements. If street crossing is required, utility must be in steel encasement or other approved encasement by County Engineer. 18. All existing utilities, and pipelines which require relocation or adjustment in order to avoid conflict with proposed streets, utilities, or other improvements shall be relocated, adjusted, or modified at no expense to Brazos County. Owner shall bear the responsibility for compliance with federal, state, and local regulations and requirements regarding such utilities and pipelines. 19. The plat shall show all natural drains and water courses as they exist on the ground. The plat shall also show all existing and proposed contours at intervals of two feet (2) for grades up to 5% and intervals not more than five feet (5) for grades over 5%. 20. Layouts that will cause unsatisfactory drainage conditions, or that will unduly complicate maintenance of streets, will not be accepted. 21. Drainage courses in subdivisions containing small lots and blocks shall be dedicated. Such drainage courses shall provide for erosion control during and after construction which complies with all Federal and State environmental laws, including but not limited to the Federal Clean Water Act. In subdivisions comprised exclusively of "acreage tracts" of five (5) or more acres in size, an easement will be accepted. Such easement shall have a minimum width of twenty feet (20). 22. The 100 year flood plain elevation must be clearly delineated on the Plat as shown by the flood prone maps supplied by the U. S. Corps of Engineers. In areas subject to flooding where information has not been developed by the U. S. Corps of Engineers, caution to prospective purchasers to make personal inquiries as to flooding hazards must appear on the Final Plat as described in Article IV.C.8. Those lots containing acreage any part of which is within the 100 year flood plain must delineate on the plat the minimum finished floor elevation. No building may be constructed on any lot where 00-1011 SubavWon Rc$ - vasion 7 Page 16 of 41 3C . 1, the finished slab level will be lower than one foot (1') above the 100 year flood plain elevation established by the U. S. Corps of Engineers. In a subdivision where any lot is encroached by the 100 year flood plain a permanent bench mark monument shall be installed per standards specified by the County Engineer. (See Appendix "A" attached hereto and make a part hereof for all purposes) and shall be tied into the County's control monument system as directed by County Engineer. 23. Tracts adjacent to any State and Federal roads will have a fifty foot (50') building set back line. Tracts adjacent to all other roads will have a twenty- five foot (25') building set back line. 24. Adequate off-street parking space must be provided in business or commercial areas. 25. A certificate from each tax collector of a political subdivision in which the property is located must accompany the plat to be recorded, showing that all taxes owing to the State, County, School District, and/or any other political subdivision have been paid in full to date. 26. Where an adequate supply of water is available, the installation of fire plugs in locations and numbers deemed necessary or advisable. • 27. On streets having curbs and gutters the County will have no maintenance responsibility back of curb. 28. A certificate of permanent dedication, duly acknowledged, of all streets, parks, playgrounds, utility and drainage easements, and other land intended for public use shall be part of the plat. The dedication must be absolute and unconditional. D. Resubdivsions. Resubdivision of lots of any size outside the extraterritorial jurisdiction of any City shall conform to the following requests: 1. Where there is an existing subdivision and one or more lots or tracts are to be resubdivided in the same, the Subdivider shall apply in writing to the Commissioners Court for permission to revise the subdivision plat recorded with the County Cleric. After the application is filed with the Commissioners Court, the Court shall publish a notice of application in a newspaper of general circulation in the County. The notice shall state the time and place at which the Court will meet to consider the application and to hear protests to such revision. The notice shall be published at least 3 times during a period beginning on the 30th day and ending on the 7th day before the date of the meeting. If all or any part of the subdivided but has been sold to non-developer owners, the Court shaU give notice to each of 00.1031 SubdirRel - Vasios 7 Pap 17 041 0 those owners by certified or registered mail, return receipt requested, at the ownees(s) address in the subdivided tract; provided however, such notice is not required if the plat revision only combines existing tracts. 2. After the meeting described in paragraph one (1) above, the Commissioners Court shall adopt an order permitting the revision of the plat if the Court finds (a) the revision will not interfere with the established rights of any owner of any part of the subdivided land; or (b) each owner whose rights may be interfered with has agreed to such revision. 3. If the Commissioners Court authorizes such revision, the Subdivider after complying with all other requirements specified herein appropriate to such subdivision, shall file a revised plat with the County Clerk's Office. 4. The cost incurred by the County for notice to the public generally and owners of lots in the subdivision to be resubdivided shall be reimbursed to the County by the party seeking such resubdivision or revision. ARTICLE VI. STREET DESIGN AND CONSTRUCTION WITHIN SUBDIVISION A. Permitted Streets. All streets appearing within a subdivision, whether maintained by the County or a homeowners association, shall be constructed in accordance with the Construction Standards set forth in Article VIII herein and shall be classified as one of the three following types of streets (referred to collectively as "Permitted Streets") 1. Publicly dedicated, paved and to be maintained by the County and constructed pursuant to Article VIII; 2. Publicly dedicated, not paved and to be maintained by a HOA in perpetuity (or until constructed to then-applicable County standards for acceptance of maintenance, and accepted for maintenance by resolution of the Commissioners Court) and constructed pursuant to Article VIII; or 3. Private, paved and to be maintained by a HOA in perpetuity (or until constructed to then-applicable County standards for acceptance of maintenance) accepted for maintenance by resolution of the Commissioners Court, dedicated to the public, and constructed pursuant to Article VIII. B. Dedication to Public. Any dedication to the public shall be accomplished by a deed on plat dedicating the fee interest in the property to the County for public use. C. Construction Standards. The construction standards for Permitted Streets is set forth in Article VIII below. 00.1071 Subdivision Reg - Vernon 7 Page IS of 41 ~I lint Ae- . - . , t" , • 1 I 1 I • D. Publicly Maintained & Dedicated Paved Streets. Paved streets dedicated to the public shall be required in all Subdivisions not satisfying the criteria for unpaved streets or private streets, as set forth below. All such paved streets shall be designed and constructed in accordance with the specifications set forth herein in Article VIII. E. Privately Maintained, Publicly Dedicated Unpaved Streets. Unpaved streets shall be permitted only within a Subdivision satisfying each of the following criteria: 1. All Resulting Tracts within the Subdivision shall be at least [10] acres in size; 2. The following note shall be conspicuously displayed on the Plat: Owner , by filing this Plat of Record, and all future owners of property within this Subdivision by purchasing such property, acknowledge and agree that they shall be forever barred from petitioning Brazos County to repair or accept maintenance of the roads shown on this subdivision until [Owner] and/or the Homeowners Association has improved the roadways to the standards required by Brazos County. [Owner] and all future owners of property within this Subdivision shall look solely to the Homeowners Association for future maintenance and repair of the roads and streets shown on this Subdivision; and 3. Restrictive covenants establishing a homeowners association which has effective revenue raising capacity and enforcement procedures to fund road maintenance, shall be placed of record concurrently with the recording of the Record Plat. 4. Restrictive covenants shall be imposed on all of the Resulting Tracts served by the unpaved road forbidding future re-subdivision on any tract into lots smaller than ten acres unless the road is first constructed to the County's standards then in effect for paved roads and accepted for maintenance by the County. 5. All unpaved streets shall be designed and constructed in accordance with Construction Standards set forth in Article VIII. F. Privately Maintained. Private Paved Streets. Private streets shall be permitted only within a Subdivision satisfying each of the following criteria: 1. All Resulting Tracts within the Subdivision shall be [S] acres in size or larger Qr the Commissioners Court shall have entered into an approved Development Agreement with the Owner regarding the development of a master-planned community; and is 00-1031 subdivision Rea - Vasiou 7 Pane 19 of 41 a~ 3 WO 2. The following note shall be conspicuously displayed on the Plat: [Owner], by filing this Plat of Record, and all future owners of property within this Subdivision, by purchasing such property, acknowledge and agree that they shall be forever barred from petitioning Brazos County to repair or accept maintenance of the roads shown on this subdivision until [Owner] and/or the Homeowners Association has dedicated the roads to the public and improved the roadways to the standards required by Brazos County. [Owner] and all future owners of property within this Subdivision shall look solely to the Homeowners Association for future maintenance and repair of the roads and streets shown on this Subdivision; and 3. Restrictive covenants establishing a homeowner; association, which has effective revenue raising capacity and enforcement procedures to fund road maintenance, shall be placed of record concurrently with the recording of the Final Plat. 4. All private streets shall be designed and constructed in accordance with the standards specified in Article VIII for paved, publicly dedicated streets. ARTICLE VII. WASTE WATER TREATMENT RESTRICTION A. Minimum Lot Sizes for Lots Served by Surface Water or Rainwater Collection Syltems. All Resulting Tracts served by Surface Water or Rainwater Collection Systems shall have the following minimum sizes, depending upon the indicated type of wastewater treatment system of the Resulting Tract: Wastewater Application Public Sewer Permitted Aerobic On-Site System Waste water System Private Septic Minimum Lot Size No minimum 0.5 acres 0.5 acres 1.0 acre B. Minimum Lot Sizes for Lots Not Served by Surface Water or Rainwater Collection Systems (e.g.. all lots served by private wells or any water distribution system utilizing ground water). All Resulting Tracts not served by Surface Water or Rainwater Collection Systems shall 00-1031 subdwisaon Reg - version 7 VIU, Page 20 of 41 - -L . . RA r • have the following minimum sizes, depending upon the indicated type of waste water treatment system of the Resulting Tract: Waste water Application Minimum Lot Sin Public Sewer 0.25 acres Permitted Aerobic On-Site Waste water System 1.0 acres Private Septic 1.0 acres ARTICLE VIII. CONSTRUCTION STANDARDS A. Compliance with the Law. All design and construction of streets, alleys, drainage facilities, and utilities must conform with current standards and specifications and sound engineering principles, for the type of subdivision contemplated under these regulations. All trees and underbrush shall be removed from entire width of right-of-way. is The Owner shall be responsible for compliance with all applicable statutes and regulations of the State and United States respecting construction and installation of roads and roadways at their crossing or intersections with utilities, including but not limited to railroads, pipelines, electrical transmission lines, water lines and natural gas lines. B. Surface Drainage. Generally, it is desired that surface drainage from private property be taken to streets, alleys, or drainage courses as quickly as possible and that drainage water from streets and alleys be taken to defined drainage courses as quickly as possible. The practice of using streets and alleys as major drainage courses will not be accepted. The Subdivider will seed or sod all bar ditches to establish a permanent vegetation. C. Street Grades and Elevations. Minimum grades of streets from the center of the crown to the edge of the road normally shall be three-tenths of one percent (0.30%) and shall not be so steep that destructive velocities may occur, unless provision is made to prevent erosion of earthen ditches, or damage to pavements. Profiles of streets shall be famished, showing existing centerline elevations, both right-of- way line elevations and proposed centerline grade. At creek or other drainage crossings where consideration must be given to the proper handling of stormwater, a profile of the flow line of such creek or other drain extending sufficient 40 00.10.11 SubdivW= Res - Vasim 7 Pays 21 of 41 _ _ _._,~.~..,....-._..~.~...-..-.-.-+w..-..L.s.,.LUa.~:..fw+rv.S..w-...w++uC6...rraw....t'.~a.w..•s..r.cw .w .d a...w..u3b it distance both upstream and downstream to determine proper street grade and size of drainage structure at such crossing will be required. These must be shown on plat with elevations in reference to roadway street, or alley. D. Drainage Structures. Drainage structures of a permanent type shall be provided at crossings of drainage courses with streets where prescribed by the County Commissioners Court or the County Engineer in order that a minimum of inconvenience and hazard to the traveling public will occur, and in order to minimize damage to, and excessive maintenance of public property. Such drainage structures shall have a minimum of twenty-eight (28) feet clear roadway and shall be of sufficient size to insure the capacity to carry anticipated drainage waters. (A 25 year storm for non-trapped conditions and 100 year storm for trapped conditions). For sites in a 100 year flood plain, calculations to support or justify size of pipes to be used must be provided. E. Ones Channels and Ditches. Open channels and ditches shall be constructed to proper cross-section, grade and alignment so as to function properly, and without permitting destructive velocities. F. Unpaved Permitted Streets. If a Permitted Street satisfies the requirements of Article VI.E, the installation of a Quality Gravel Road shall be permitted. G. Subgrade. Base and Surface Treatment of Streets Without Curbs. Where a street section (without curbs) is constructed, the flexible base shall have a minimum thickness of six inches (6") after compaction, and a minimum of twenty-eight (28) feet wide from shoulder line to shoulder line and feather edges as shown on Brazos County Road Section (See Appendix "B" and "C" attached hereto and made a part hereof for all purposes). The wearing surface shall be a minimum width of twenty-four (24) feet. All road building materials shall be approved by the County Engineer prior to construction. below: The subgrade, flexible base, and surface treatment of such streets shall be as described 1. ub de. a. Description. Subgrade shall consist of existing subgrade material or an approved material, famished by the contractor, containing sufficient fines (soil binder) to form a firm subgrade which can be shaped and trimmed to true subgrade level. b. Materials. Existing subgrade material may be used if its moisture content (determined by standard laboratory methods AASHTO Designation 146-49) is below the material's plastic limit. Existing subgrade material at or above its plastic limit must be stabilized according to the direction of the Engineer. 001031 Subdivision Re= - Version 7 Pate 22 of 41 4 I 1. 0 Test results of material samples proposed for use shall be submitted to the Engineer for approval of the source prior to the delivery of any such material to the job. If at any time the material delivered show too great a variation from the approved sample, the Engineer may reject the delivery and order the material removed from the work. Lime stabilization of subgrade material will be required on all Arterial streets. Lime stabilization of subgrade material will be required on Collector or Local streets if the plasticity index (PI) of the material exceeds 18, as established by testing according to TXDOT Test Method Tex 106-E. Lime stabilization will be conducted in accordance with TXDOT, Standard Specifications No. 260. Cement stabilization of subgrade material will be required on any street if the plasticity index (PI) of the material is less than 4, as established by testin.,g according to TXDOT Test Method Tex 106-E. Cement stabilization will be conducted in accordance with the TXDOT, Standard Specification Item No. 275. c. Compaction. Subgrade material hauled to job site shall be spread uniformly and compacted to required thickness by means of approved compaction equipment. Existing subgrade material (in place or stabilized) and material hauled to the job site shall be compacted to ninety-five (95) percent of the TXDOT Test Method Tex-1 13-E Density and within two (2) percent of optimum moisture content. d. Fees. Cost of testing and inspection will be paid by the developer. 2. Flexible Base. a. Description. This item shall consist of a foundation course for surface course or for other base courses; shall be composed of crusher-run broken stone; and shall be constructed as herein specified in one or more courses in conformity with the typical sections shown on Plans and to the lines and grades as established by the Engineer. b. Materials. The material shall be obtained from approved sources, shall be crushed, and shall consist of durable particles of stone mixed with approved binding materials. Testing of flexible base materials shall be in accordance with the following TXDOT standard laboratory test procedures: 1) Preparation for Soil Constants and Sieve Analysis Tex-101-E 2) Liquid Limit Tex-104-E 3) Plastic Limit Tex-105-E C7 00-1031 Subdivision Reg - version 7 4-3, Pap 23 or 41 10- aLMRA - 4) Plasticity Index ...............................................................Tex-106-E 5) Sieve Analysis Tex- I10-E 6) Wet Ball Mill Tex- I 16-E 7) Triaxial Test Tex-1 17-E Unless otherwise specified on the plans, job-control samples for testing the materials for Soil Constants, Gradation and Wet Ball Mill shall be taken prior to the compaction operations. Unless otherwise specified on the plans, all base material will be stockpiled after crushing; tested by the testing agency designated by the County Engineer, and approved by the County Engineer prior to being hauled to the project site. The material shall be well graded and when properly tested, shall meet the following requirements: Retained on Sq. Sieve: 1-3/4" 0 7/8" ........................................................................................10-35 3/8" 30-50 No. 4 45-65 No. 40 70-85 Maximum Liquid Limit 35 Maximum Plasticity Index 10 Max. Wet Ball Mill 50 Minimum compressive strength when subjected to the triaxial test: 35 psi at 0 psi lateral pressure and 175 psi at 15 psi lateral pressure, unless otherwise designated on the plans. The maximum increase in material passing the number 40 sieve resulting from the Wet Ball Mill Test shall not exceed 20, unless otherwise shown on plans. c. Material Sources. The material shall be secured from sources approved by the Engineer. The pits as utilized shall be opened up in such manner as to immediately expose the vertical faces of all of the various strata of acceptable material, and unless otherwise directed, the material shall be secured in successive vertical cuts extending through all of the exposed strata. d. Construction Methods. 1. Preparasion of Subgrade: The roadbed shall be excavated and shaped in conformity with the typical sections shown on Plans and to the lines and grades as established by the Engineer. All unstable or 00.1071 &MMSIM ft - VaOm 1 Pte 24 of 4I 1 1~~, t 1 a& otherwise objectionable materials shall be removed from the subgrade and replaced with approved material. All holes, ruts and depressions shall be filled with approved material, and if required, the subgrade shall be thoroughly wetted with water and reshaped and rolled to the extent directed in order to place the subgrade in an acceptable condition to receive the base material. The surface of the subgrade shall be finished to line and grade as established and in conformity with the typical section shown on Plans, and any deviation in excess of 0.04 feet in cross-section and in a length of sixteen (16) feet measured longitudinally shall be corrected by loosening, adding or removing material, reshaping and compacting by sprinkling and rolling. Sufficient subgrade shall be prepared in advance to insure satisfactory prosecution of the work. Material excavated in the preparation of the subgrade shall be utilized in the construction of adjacent shoulders and slopes or otherwise disposed of as directed, and any additional material required for the completion of the shoulders and slopes shall be secured from sources indicated on Plans or designated by the Engineer. Lime stabilization of subgrade material will be required on all Arterial streets. Lime stabilization of subgrade material will be required on all Collector and Local streets if the plasticity index (PI) of the material exceeds 18, as established by testing according to TXDOT Test Method Tex-106-E. Lime stabilization will be conducted in accordance with the TXDOT, Standard Specification No. 260. Cement stabilization of subgrade material will be required on any street if the plasticity index (PI) is less than 4, as established by testing according to TXDOT Test Method Tex 106-E. Cement stabilization will be conducted in accordance with the TXDOT, Standard Specification No. 275. 2. First Course. Immediately before placing the base material, the subgrade shall be chocked as to conformity with grade and section. The material shall be delivered in approved vehicles of a uniform capacity, and it shall be the charge of the Contractor that the required amount of specified material shall be delivered in each one hundred (100) foot station. Material deposited upon the subgrade shall be spread and shaped the same day. In the event inclement weather or other unforeseen circumstances render impractical the spreading of the material during the first twenty-four (24) hour period, the material shall be scarified and spread as directed by the Engineer. The material shall be sprinkled, if disectod, and shall then be bladed, 00.1031 Subdwition Res - version 7 hie 25 or4l 0 Wft 21 dragged, and shaped to conform to typical sections as shown on Plans. All areas and "nests" of segregated coarse or fine material shall be corrected or removed and replace with well graded material, as directed by the Engineer. If additional binder is considered desirable or necessary after the material is spread and shaped, it shall be famished and applied in the amount directed by the Engineer. Such binder material shall be carefully and evenly incorporated with the material in place by scarifying, harrowing, brooming, or by other approved methods. The course shall then be sprinkled as required and rolled as directed until a uniform compaction is secured. Throughout this entire operation, the shape of the course shall be maintained by blading and the surface upon completion shall be smooth and in conformity with the typical sections shown on Plans and to the established lines and grades. In that area on which pavement is to be place, any deviation in excess of 0.04 feet in cross- section and in a length of sixteen (16) feet measured longitudinally shall be corrected by loosening, adding or removing material, reshaping and recompacting by sprinkling and rolling. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the areas affected, adding suitable material as required, reshaping and recompacting by sprinkling and rolling. The utilization of traffic to compact and bind the base course or courses is an essential part of the contract and is of prime importance to the satisfactory completion of the work. As directed by the Engineer, each course shall be opened to traffic, and the Contractor shall direct and distribute the traffic uniformly over the entire width of the course. During the period traffic is being directed over the course, the surface shall be satisfactorily maintained by the use of a sufficient number of approved blades, drags, and such other equipment as is required, and these operations shall continue until the base course is sufficiently compacted to ninety-five (95) percent of the TXDOT Test Method Tex-1 13-E Density within plus or minus two (2) percent of optimum moisture content. 3. Succeeding Courses. Construction methods shall be the same as prescribed for the first course. e. Measurement. Crushed stone will be measured by the square yard, complete in place, by the cubic yard, loose vehicle measurement, or by the cubic yard, complete in place as indicated in the proposal. M1731 SWWiybs Res - Vasioe 7 Pap 26 of •1 • f. Payment. This item will be paid for at the contract unit price bid for "Flexible Base" which price shall be full compensation for all work herein specified, including the furnishing, hauling, and placing of all materials, for all water required, and for all equipment, tools, labor, and incidentals necessary to complete the work. The cost of testing and inspection will be paid by the developer. 3. Two Course Surface Treatment. In general, this item will be in accordance with the Texas Department of Transportation Standard Specifications for Construction of Highways (1993 Edition). See Item 316, starting on Page 304. Some specifics are as follows: a. Descriptien - This section shall consist of a wearing surface composed of two applications of asphaltic material, each covered with aggregate and constructed on the prepared base course or surface in accordance with these Specifications. Two course surface treatment shall not be applied when the air temperature is below 50E F. and falling and it may be applied when the air temperature is above 40E F. and rising, the temperature being taken in the open shade and away from artificial heat. Asphaltic material shall not be placed when in the opinion of the Engineer, general weather conditions are not suitable. The second application of asphaltic material should not be applied until eighty percent (80%) of the subdivision has been built out or the minimum two year developers maintenance has been completed. b. Materials. 1. Asphaltic Materials: The asphaltic materials used shall be one or more of the materials prescribed in the Texas Department of Transportation, Standard Specifications for Construction, Item No. 300, "Asphalts, Oil and Emulsions Requirements". 2. Aggregate: The aggregate used shall consist of clean, tough, durable fragments of crushed limestone or gravel of uniform quality throughout, fi-ee from dirt, organic or other injurious matter occurring either freely in material or as a coating on aggregate. Percertt of wear, when tested by AASHTO Designation T-96-70, shall not exceed thirty-five (35). Gradation shall be as specified below: 0 W1031 SubdwWw Reg - Vasim 7 ifut oL(..-pA 4 AWft9=zW As hie 27 of 41 Sieve Size Percent Retained 3/4 - inch sieve 0 5/8 - inch sieve 0-2 12 - inch sieve 20-35 3/8 - inch sieve 85-100 1/4 - inch sieve 95-100 No. 10 sieve 98-100 c. Construction Methods. (First and Second Course) 1. Base Preparation. Apply asphalt only when temperature is above 55E F. and is rising. Take temperature in shade and away from artificial heat. Place no asphalt when general weather conditions, in opinion of Engineer, are not suitable. Clean base surface of dirt, dust, or other dcleterious matter by sweeping with rotary broom or other acceptable means. If necessary, sprinkle lightly with water just prior to application of asphalt. 2. Heating Asphalt. Keep clean and in good operating condition at all times all storage tanks, piping, retorts, booster tank, and distributors used in storing or handling asphalt. Operate all equipment in such manner as to prevent contamination of asphalt with foreign material. Do not heat asphalt above 400E F at any time, and apply at temperature of not less than 275E F. and not more than 375E F. All asphalt material heated above 400E F. will be rejected. 3. Asphalt Application Rate. Apply to clean base at rate of approximately 0.33 gallon of asphalt per square yard. Minimum application rate of 0.25 gallon per square yard and maximum of 0.40 gallon per square yard. 4. Applying Asphalt. Apply on clean surface with approved type of self-propelled pressure distributor, operated as to distribute material in quantity specified as to distribute material in quantity specified, evenly and smoothly, under pressure for proper distribution. Provide all necessary facilities for determining temperature of asphalt and for securing uniformity at junction of two distributor loads. Apply full width of surface in one application. 5. Aggregate Application Rate. Not less than one cubic yard of aggregate per one hundred square yards of surface. Not more than one cubic yard of aggregate per eighty square yards of surface. 001071 Subdhitioe Res - Vaafoe 7 Page 28 of • 1 x (049 s , _J.I iI i I • 6. Applying Aggregate. Cover asphalt with aggregate in amount specified and blade with wire dragbroom maintainer or other approved leveling device. After applying aggregate, broom and roll entire surface with self-propelled, three-wheeled roller, weighing between three and eight tons. Pneumatic roller may be used if size and type meet approval of Engineer. Repeat brooming and rolling on two successive working days after application of aggregate for each application. d. Measurement. Asphaltic materials will be measured in gallons at the applied temperature at the point of application on the road. Aggregate will be measured by the cubic yard in vehicles as applied on the road. e. Payment. The work performed and materials famished as prescribed by this section and measured as above provided will be paid for at the Unit Price bid for "Two-Course Surface Treatment", which prices shall each be full compensation for cleaning and sprinkling the base, for famishing, preparing, hauling, rolling, and placing all materials, and for all manipulations, labor, tools, equipment, and incidentals, necessary to complete the work. • The cost for testing and inspection will be paid by the developer and certified by a licensed professional engineer. . rt. 4. Hot Mix Asphaltic Concrete Pavement Should the Owner/Engineer elect to do so, one and one-half (1 inches of the type D. modified HMAC may be substituted for the two course surface treatment. The material specifications, laying, rolling, measurement, etc., will be in accordance with the Texas Department of Transportation Standard Specifications for Construction of Highways (1993 Edition). See Item 340, starting on Page 377. ARTICLE DL BONDING REQUIREMENTS FOR FILING OF PLAT PRIOR TO A. Determination of Amount of Securi ty. In order to insure that the streets and other drainage improvements in approved subdivisions are constructed in accordance with the above specifications, any Owner desiring to file the approved Final Plat prior to completion and acceptance of the construction of such streets and other improvements may post a form of security, as hereinafter described, in an amount to be fixed and determined as follows; M103I Sub&vism Rea - Vam 7 hp 29 or/l 649 ~ I. iI1 l 1. Where no drainage structures or other additional construction costs are involved. a. For paved streets with curb - $50.00 per linear foot b. For paved street - $30.00 per linear foot 2. Where drainage structures or other additional construction costs are involved, add estimated cost of additional labor and materials to amount of Bond fixed above. The above distances determining the linear feet involved are to be measured along the center line of said street or alley between the intersections of said center lines. B. Forms of Security. If the Subdivider decides or elects to file security in lieu of completing construction prior to Final Plat approval, he may utilize one of the following methods of posting security. Compliance with the following procedures relative to posting security must be satisfied prior to Final Plat Approval: 1. Construction Bond: a. . File with the Commissioners Court a bond, which shall be (i) executed with sureties as may be approved by the Court, or (ii) executed by a surety company holding a license to do business in the State of Texas, (iii) made payable to the County Judge of Brazos County, Texas, and his successors in office, (iv) approved by the Commissioners Court, (v) in an amount required by this Article M.A. and; (vi) for a term equal to the estimated time for completion as determined by the Commissioners Court. b. The conditions of said Construction Bond the violation of which will create liability for the obligees on the bond, shall be that (i) the Owner of said approved and accepted subdivision shall begin construction of such streets as are shown on the Final Plat within a period of ninety (90) days from the date of the approval of the Final Plat of said subdivision by the Commissioners Court of Brazos County, Texas; and (ii) the Subdivider shall prosecute and complete such construction in accordance with the specifications required by these Regulations within a reasonable number of working days to be determined and agreed upon by the Owner and the Commissioners Court. The Construction Bond shall remain in full force and effect until all streets and other improvements have been completed as required by the plans and specifications herein statgd and are accepted by Brazos County, as defined in Article XI herein. 00-1031 Sub&vWoe Rem - VaW= 7 W Y Page 30 of 41 1 1 C 2. Unconditional Guarantee From Local Bank or Local Savings and Loan Association or Other Financial Institution as approved by the Commissioners Court: a File with the Commissioners Court a letter of credit, in form approved by the Commissioners Court, signed by a principal officer of a local bank or local savings and loan association or other financial institution, acceptable to the Commissioners Court, agreeing to pay to the County of Brazos, State of Texas, on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the Subdivider is responsible under these Regulations. The guaranteed payment sum shall be the estimated cost of all improvements required by these regulations, approved by the Commissioners Court. This guarantee of payment shall not expire until all streets and other improvements have been completed in accordance with the Regulations and are accepted by Brazos County, as provided in Article XI herein. The letter shall state the name of the subdivision and shall list the improvements which the Subdivider is required to provide. 3. The Subdivider may file cash in an amount fixed and determined by this Article IX.A. ~J Bonds will not be accepted from the developer's contractor. Bonds must be filed and provided by the developer. C. Enforcement. If a form of security is to be filed by the Subdivider as set out in Article IX.B above, the County Engineer shall inspect such improvements upon completion of construction. If premised upon such inspection, the construction fails to meet the requirements of these Regulations and are not accepted as required by Article XI, and the Subdivider after notice and an opportunity to cure such inadequacies does not take the appropriate steps to obtain approval, the County Attorney shall, on direction of the Commissioners Court, proceed to enforce the guarantees provided in these Regulations and execute on the bond or letter of guarantee, as appropriate. D. Extension. When good cause exists, the Commissioners Court may extend the period of time for completion of the roads and improvements for which security has been posted. Such extension of time shall be reported by the Commissioners Court and recorded in the Minutes. No such extension shall be granted unless security as required by this Article IX.B. has been provided by the Subdivider covering the extended period of time. E. Utility Connections. Neither the Subdivider, the contractor nor subcontractor shall make a connection to or tap into the County and/or City water distribution system, electric system, or sanitary sewer system. The subdivider shall furnish all necessary materials to the appropriate utility or entity to make the final tap or connection 00.1031 Sub&v Vaum 7 ftP DI of 41 0 ARTICLE X REQUIREMENT FOR FILING PLAT IF NO SECURITY GIVEN If the Subdivider chooses not to post a construction bond or obtain a letter of guarantee from a financial institution, he must complete all construction of the streets and other improvements and obtain acceptance thereof as provided in Article XI below, prior to obtaining the approval of the Final Plat. ARTICLE XL ACCEPTANCE OF STREETS AND OTHER IMPROVEMENTS FOR FINAL PLAT FILING Acceptance of streets and other improvements for County maintenance shall be evidenced by an instrument signed by the Commissioners Court as a result of formal Commission action. No acceptance shall be issued until the Commissioners Court has (i) received a certificate of a licensed professional engineer that all improvements have been completed in accordance with these Regulations and good engineering practice; (ii) if a public street is involved, a deed has been executed and delivered to the County; and (iii) the Maintenance Bond or cash deposit in lieu of bond, as required by Section XII below, shall have been posted. All costs associated with famishing the necessary ceriificate hereunder shall be bome by Owner. ARTICLE XII. MAINTENANCE A. Maintenance Term. The Owner shall be responsible for maintenance of all streets, rights-of-way, and other improvements for a period of two (2) years after the date of acceptance of the construction, as provided for in Article XI above. Such period may be extended by the Commissioners Court if the roads and other improvements are not being maintained in good repair as of the expiration of such two (2) year period. B. Bond. In order to insure adequate maintenance by the Owner, each Owner shall, prior to acceptance by Brazos County of the streets and other improvements, for purposes of filing the Final Plat, file a Maintenance Bond, executed by a Surety Company authorized to do business in the State of Texas, payable to the County Judge of Brazos County, Texas, and his successors in office, in an amount determined as follows: 1. For paved streets with curbs - 5% of amount of Construction Bond. 2. For paved streets -10% of the amount of the Construction Bond. C. Bond Term. The conditions of said Maintenance Bond shall be that the Owner shall guarantee to maintain to the satisfaction of the Commissioners Court and the County Engineer, all 001071 Subdivision Reg - Vernon 7 Page 12 of 41 -RF i ~ _t.-. .e. 4:.1+~..1a w~.. ......~....-a.. ~...~~..a~vw~~L.~.-• .1_.._ .a }v.l-k ~ ~ .~I...____ r~ u of the streets shown on the accepted and approved Final Plat, in a good state of repair for the period of at least two (2) years beginning on the date of acceptance of construction for platting purposes; provided however, if such roads are not maintained in good repair during that time the Owner should be required to obtain an extension of such bond until such time as the roads are repaired to County standards or alternatively, in the County's discretion, the County may maintain said streets at the cost and expense of the obligees on the bond. D. Cash Security for Maintenance. At the option of Owner, Owner may deposit with Brazos County, Texas, United States Currency or a cashiers check in an amount equal to the amount of the maintenance bond specified above, in lieu of such Maintenance Bond. Such funds shall be held by Brazos County for at least two (2) years after acceptance of the construction for platting purposes. Such funds may be used during such period for the costs of such maintenance as Owner, after written notice, fails or refuses to perform After the expiration of such two (2) year period, such cash deposit, or the unexpended balance thereof; shall be refunded to Owner, provided however, if such roads are not maintained in good repair during that time the County will continue to hold such deposit until the roads are repaired to County standards or are used by the County to make such repairs itself. • E. Maintenance Inspections. Periodic inspections of all of the streets that have been approved and accepted for platting purposes in an approved subdivision will be made by the County Engineer during the period of liability covered by the Maintenance Bond, and in the event any or all of said streets are not being maintained in a good state of repair, the Owner will be so advised in writing and if after a reasonable time he fails or refuses to properly maintain said streets, they shall then be maintained at the cost and expense of obligees on the bond or from the cash on deposit as required by Paragraphs B and D above. F. Expiration of Maintenance Term. If after the expiration of two (2) years from the date of acceptance of the construction for platting purposes, such streets and other improvements are in good repair, Brazos County in its sole discretion will in writing accept such streets and other improvements for maintenance (except if such streets are to be privately maintained) and release the security on its bond or refund the cash on deposit, as appropriate. G. Limitation on Acceptance. The County acceptance for maintenance of the roads and other improvements shall not include the maintenance of utility easements, but shall include maintenance of drainage easements. ARTICLE XIII MANUFACTURED HOME RENTAL COMMUNITIES A. Exemption From Regulations. A property developed as a Manufactured Home Rental Community and not subdivided from another tract as defined in Article III A of these Regulations is not subject to the subdivision regulations established herein. However, the owner who intends to use the land for a Manufactured Home Rental Community must 001031 SWAWdim Reg - Vadw 7 hr 33 GM • Z ~g 53 ~i o..~..~r• . , ~ • ~ ._a.e1,_~..i-+.r ,....Yep. lN~r..+~i..[rdL:. L:. have an infrastructure development plan prepared that complies with the minimum infrastructure standards established in Article XIII of these Regulations. B. Infrastructure Development Plan. In accordance with Local Government Code Section 232.007, an Infrastructure Development Plan (IDP) is required for all Manufactured Home Rental Communities, as defined in these regulations, developed after August 30, 1999. 1. General Requirements. The following general requirements shall be applicable to all Infrastructure Development Plans: a. The development shall have a minimum of seventy (70') feet fronting a street or roadway which has been previously dedicated to the public for the public's use and benefit as a street or roadway. Access roads to the individual rental spaces must be constructed to Brazos County Standards for Subdivisions. See Article VIII. b. No space may contain more than one single-family residential unit. No I common driveways shall be allowed. Each space shall have separate and individual access. C. A survey of the property shall be submitted to the County Engineer's Office prior to the request by the owner or occupier of the lot for any permit and/or utility services. d. The owner shall submit an Application form provided by Brazos County Engineers Office, signed by the owner, that stipulates the intention of the owner; name, address, phone number of the owner; names of water and electricity providers; name of wastewater provider or type and usage of onsite sewage facilities; and other pertinent information as set forth therein. 2. Minimum Requirements. The Infrastructure Development Plan (IDP) shall show at minimum the following: a. Only 24" x 36" sheets will be acceptable on mylar material and at a maximum scale of 1"=200' (1"=100' preferred), or as approved by the County Engineer. An index on the first sheet is required when more than two sheets are required for the IDP. b. Names, locations, dimensions (bearings and distances), and layouts of existing and proposed streets, alleys, easements, and other public rights-of-way and public/private encumbrances (dced restrictions, etc.) on the property and any proposed street right-of-way, easement, alley, park, or other public dedication. M1031 SuEdirW= Re$ - Vasm 7 Page 34 or 41 1 A 0019 (054 ti • c. Dimensions, bearings and distances, of the proposed rental spaces. d. Signatures and date of approval and certifications on the IDP. 'these approval signatures shall not be more than six (6) months prior to the submission. Examples of the required acknowledgements and certifications are as contained in the exhibits attached hereto. e. Legal description, acreage, and name of the proposed Development. The Development's name shall not be spelled or pronounced similarly to the name of any existing Development or Subdivision located within the County. E The boundary of the Development indicated by a heavy line and described by bearings and distances. g. Scale, legend, north arrow, spot elevations on 100' or an appropriate grid, with two foot (2.0') contour lines. Alternate contour intervals may be submitted, based on terrain, with approval from the County Engineers Office. h. Deed record, name of owner, volume and page number of adjoining properties. i. Dates of survey and preparation of IDP. j. Identification code, location, description, and elevation of the USGS or appropriate benchmark used in the survey. L Front building setback lines. Back and side building setback lines by note. 1. Location of any City's corporate limit line or extra territorial jurisdiction line. m. Vicinity map with streets, ditches, general drainage flow directions to the ultimate outfall, city limits and ETJs, and other major land features. n. Net area (gross area less easements) of rental spaces to the nearest 1/100 of an acre for lots using On Site Sewage Facilities and/or well water. W1031 Subdi S6w Res - Vaiiw 7 Fria 33 oft t o. Limits of flood hazard areas as defined by the appropriate FEMA FIRM panel and the proposed finished floor elevation of buildings within these flood hazard areas on each space. p. A certification by a Surveyor or Engineer describing any area of the Development that is in a Flood plain or stating that no area is in a Flood plain, as delineated by the appropriate FEMA FIRM panel and date. q. A surveyor's signature and seal on the IDP for certification. r. The description of the water and sewer facilities, electricity and gas utilities, and roadways and easements dedicated for the provision of water and sewer facilities that will be constructed or installed to serve the Development and a statement of the date by which the facilities will be fully operable, prepared by an Engineer (may be included in an attached document). A certification must be included that the water and sewer facilities described by the IDF, or document attached to the MP, are in compliance with these Regulations. S. Approvals by other regulatory and governing bodies, as required, including, but not limited to, the approval of the Brazos County Emergency 911 District as to street names. 3. Document List- The IDP submittal shall also include the following documents: a. Letters signed and dated from water, wastewater, and electric utilities of service commitment and availability and statement of approval of existing and proposed utility easements. b. A tax certificate showing that all taxes currently due with respect to the original tract have been paid. c. Results of soils analysis certified by a qualified site evaluator (as defined by 30 TAC Chapter 285) for on-site sewage facilities (OSSF). d. Engineering Design Construction Plans for roadway access to each rental space for fire and emergency vehicles. e. Drainage design plans to ensure adequate drainage off of the rental spaces to drainage channels and out of the Development, including the design of drainage structures, culverts, and/or systems using a 25 year storm frequency in non trapped area and 100 year storm frequency in trapped area, such that drainage out of the Development does not have a negative drainage impact on neighboring properties. If additional right of way (ROW) is required for existing County road drainage and 00.1031 &6ffivWm Reg- VaWm 7 Pap 36 of 41 (0 57 te l ' ~I • access as determined by the County Engineer to achieve a 70 foot wide Right of Way or to meet requirements of Brazos County, the owner shall dedicate these rights of way to the County. f. The Engineering Report, as described in Article XIIIC of these regulations. 4. Inspection of Improvements. Construction of a proposed Manufactured Home Rental Community may not begin before the date the County Engineer approves the IDP. Periodic inspection of the improvements may be required, as directed by the Country Engineer. If the County Engineer directs that a final inspection is required, it must be completed not later than the second business day after the date the County Engineer receives a written confirmation from the owner that the construction of the infrastructure is complete. If the inspector determines that the infrastructure improvements comply with the IDP, then the County Engineer shall issue a Certificate of Compliance not later than the fifth business day after the date the County Engineer receives written confirmation from the owner that the infrastructure has been completed and in compliance with the IDP. 5. t' ities. A utility may not provide utility services, including water, sewer, gas, electric services, to a Manufactured Home Rental Community subject to an IDP or to a manufactured home in the community unless the owner provides the utility with a copy of the Certificate of Compliance issued by the County Engineer. This requirement applies to: a. A municipality that provides utility services; b. A municipality owned or municipally operated utility that provides utility services; C. A public utility that provides utility services; d. A nonprofit water supply or sewer service corporation organized and operating under Chapter 67, Water Code, that provides utility services; C. A county that provides utility services; and f. A special district of authority created by state law that provides that utility services. 6. Timely Approval of Infrastructure Development Plans. Not later than the 60° day after the date the owner of a proposed Manufactured Home Rental Community submits an infrastructure development plan for approval, the County Engineer shall approve or reject the plan in writing. If the plan is rejected, the written rejection must specify the masons for the rejection and the actions required for 00.1031 SWAvid= Reg - vadw 7 0 hie 1? ar11 Vol approval of the plan. The failure to reject a plan within the period prescribed herein constitutes approval of the plan C. Engineering Report for Manufactured Home Rental Communities. An Engineering Report for Manufactured Home Rental Communities signed, dated, and sealed by a licensed professional engineer registered in Texas, shall contain detailed and definitive information on the following: 1. Water Supply Facilities a. Public Water Systems (1) If the water supplier is a political subdivision of the state: a city, municipality, utility district, water control and improvement district, nonprofit water supply corporation, etc., the Developer shall furnish a signed letter of service availability from the water supplier to provide that state's minimum requirements of quality and quantity of water to the proposed Development. (2) Where there is no existing facility or owner intending to construct and maintain the proposed water supply facilities, the Developer may establish an investor-owned utility or create a municipal utility district and obtain a Certificate of Convenience and Necessity (CCN) from the Texas Natural Resources Conservation Commission (TNRCC) and include evidence of the CCN issuance for the Development area. Prior to IDP approval, plans and specifications for the proposed water facilities system shall have been approved by all entities having jurisdiction over the proposed project, including TNRCC. (3) Water service must be extended into the Development to each lot or rental space if the existing water lines are located within 300 feet of the Development and if there is sufficient water available by the water supplier. b. Private Wells or Non-public Water Systems - Quantitative and qualitative results of sampling test wells in accordance with requirements promulgated by the TNRCC and the Texas Department of Health shall be included where individual wells are proposed for the supply of drinking water to residences and other establishments. The results of the analyses shall be made available to the prospective property owners or renters. 00.1031 Sub&vWon Reg-Vas=7 Page 38 of 41 i t r. r • 0 • C. Prior to IDP approval, plans and specifications for the proposed water facilities system shall have been approved by all entities having jurisdiction over the proposed project, including TNRCC. Evidence of the approvals shall be included in the Engineering Report. 2. Wastewater Disposal Facilities a. Centralized Sewerage Facilities (1) If wastewater treatment is provided by a political subdivision of the state (city, municipality, utility district, water control and improvement district, nonprofit water supply corporation or an existing investor- owned water supply corporation, etc.) the Developer shall famish a signed letter of service availability to provide the state's minimum wastewater treatment standard for the proposed Development from the utility. (2) Where there is no existing entity or owner to build or maintain the proposed wastewater treatment and collection facilities, the Developer may establish an investor-owned utility or a municipal utility district by obtaining a Certificate of Convenience and Necessity (CCN) from the TNRCC. (3) Prior to IDP approval, an appropriate permit to treat and/or dispose of waste for the ultimate build-out of the Development shall have been obtained from the TNRCC and plans and specifications for the proposed wastewater collection and treatment facilities shall have been approved by all entities having jurisdiction over the proposed project, including TNRCC. Evidence of the approvals shall be included in the Engineering Report. (4) Wastewater disposal service must be extended into the Development to each lot or rental space if the existing wastewater lines are within 200 feet of the Development and there is sufficient wastewater capacity available from the wastewater service provider. b. On-Site Sewage Facilities The engineering report shall include soils Analysis results as required under the Brazos County Regulations for On- Site Sewage Facilities. 3. Roadway . The Engineering Report shall include a description of the roadways within the Community, and include information on the roadway cross section, pavement width and thickness, base thickness, subgrade treatment, material specifications, and other specifications in accordance with Article VIII hereof. MIWI Sab Msim Res - Venice 7 VOL A v -c hge 39 0(41 Plans and specifications for these improvements shall also be submitted to the County Engineer for approval prior to construction. 4. Signage Plan. A signage plan for the streets to be constructed, if any, is to be included that"shows an overall street layout depicting the location and description of signs and traffic control devices to be installed. The traffic control devices will include street name signs, stop signs, yield signs, speed limit signs, directional controls, striping, and delineators, etc. and shall be in accordance with the Texas Manual on Uniform Traffic Control Devices. 5. Traffic Impact Study. For Manufactured Home Rental Communities of 100 spaces or greater, the Engineering Report may, at the request of the County Engineer, be required to include a Traffic Impact Study in accordance with the requirements of the City of Bryan to assess the effects of additional traffic on the existing and proposed transportation system. 6. Drainage. The Engineering Report shall include information on the Development and roadway drainage, culverts, conveyances, outfalls, and other information as required to properly convey the storm water within and away from the Development. Plans and specifications for these improvements shall also be submitted to the County Engineer for approval prior to construction. 7. Electronic Submission. A computer floppy disk or CD-ROM with a file in micro station or AutoCAD format of the layout of the lots and streets (to scale and with state plane coordinates central Texas zone) within the Development shall be submitted for incorporation into the County-wide map. ARTICLE XIV. VARIANCES A. Variances to these regulations are generally discouraged, however, specific cases will be considered on an individual basis (hardship, etc) and approved or denied by the Commissioners Court after receiving input from the developer and the County Engineer. ARTICLE XV. ENFORCEMENT A. Injunction. Any violation or threatened violation of these subdivision regulations, may be enjoined upon request of the Commissioner Court to the County Attorney or other prosecuting attorney for the Court. B. Damages. The Commissioner Court may institute legal action against an Owner to recover damages in an amount adequate to undertake any construction or other acts necessary 00.1031 Subdivision Reg -Version 7 Page 40 of 41 0 to bring about compliance with these subdivision regulations. ARTICLE XVI. OTHER PROVISIONS A. Effective Date. These regulations shall be in full force and effect from and after _ back 31 , 2000, and supersede all prior regulations relating to the subject matter hereof. B. Amendments. These regulations are subject to amendment from time to time. All persons are advised to consult the Commissioners Court to acquaint themselves with any such amendments. The foregoing subdivision and Development Regulations have been examined and approved in open Court this the 31 L' day of Ocn,e,,.. , 200 ,0, in Bry Brazos County. Texas. Alvin .Jo es Tony Jones County Judge Commissioner, P inct 1 illiam S.. ornton Randy Si Commissioner, Precinct 2 Commi Toner, Precinct 3 4Q'd'a-.'4 . arey C ley, Jr. Mary Anr/AWvard Commi ioner, Precinct County Clerk 00.1031 Subdivision Reg - Version 7 Page 41 of 41 VOL- -PAR , i~ k f r, f SCALES r • 0' HOFMWAL r• • V VODKA( r 1 t I ~ I ~r ~ACTEO TNCq[ss- TYPE • D, Him OCYNC SIRIFACE Q 70' Ital. ROW 1~•/ (VARIES( ASPHALT PR6Q0 / rr 1r r >r 3' I' UTLITY EASDEHT UTILITY EASEMENT R~//TT (CLEARED) NFA M ROADWAY - SLOPE DITCH TO ICLEARED► ;•)AII6 SLOPE y,• PER Poor PROPERTY uE III ~ ~U B• COMPACTED THOCNESS r COMPACTED TN1G0[SS 1\ (95X ASTM 0.1557) CRUSHED LIMESTONE BASE LIME STAMIZATION REOUIM OR APPROVED SOUK WHEN PI EXCEEDS 20 13X ► HYDRATED LIME BY WT On WEITAHT► TYPICAL RURAL SECTION (HOT MIX ASPHALT SURFACE) HDTESS t DRIVEWAY APPROACHES SHALL BE CONSTRUCTED WITH EOUK MATERIALS N ACCORDANCE REV. 0I.23 91 WITH THE LATEST SPECOICATIONS, 2. CULVERT SIZES 00 TYPES COUNTY ENCIEne BY THE ATTATCHMENT •1 S COU TYPICAL CAL RURAL ' (HOT MIX ASPI !I I i M „ SCALE, r: VHwbaeld r • 5'VMUed UTILITY EASEMENT n ` (CLEAAE01 r NOTES' (DRIVEWAY APPROACHES SNAIL BE CONSTRUCTED WITH EQUAL MATERIALS IN ACCORDN4CE WITH THE LATEST SPECIFICATIONS. 2. CULVERT SIZES NG TYPES MAT BE APPROVED BY THE COUNTY ENONEER. TWO COURSE CHIP SEAL SURFACE / 3S' UTILITY EASEMENT (CLEARED) SLOPE OQCH 10 INRl11 ppADNAY I PROPERTY LINE SLOPE %t PER FOOT N COMPACTED THICKNESS B• COMPACTED TNIdOESS (95X ASTM 0.1557) CRUSHED LIMESTONE BASE LIME STABLIZATION REQUIRED OR APPROVED EOUAL WHEN N EXCEEDS 20 (SX HYDRATED LIME BY UNIT DRY YIEX;HT) TYPICAI RURA WHIP SE S L SFCTION URFACE REV. 01.23•97 •ATTATCHMENT 2 I i I i t k 4- CONCRETE W/2 *5 REBARS DRIVEL; APPROX. 0'6" INTO UNDISTURBED SOIL AT BOTTOM OF MONUMENT i REV. 01.23.91 , CONCRETE TO BE POURED FLUSH WITH EXISTING GRADE AND THEN SLIGHTLY DOME SKAPED AT TOP TO ASSURE WATER SHEDDING 11011 N O O It DOMED BRONZE MONUMENT MARKER (FURNISHED BY BRAZOS COUNTY) INSTALLED FLUSH WITH SURFACE OF CONCRETE MONUMENT I EXISTING GRADE CONCRETE MONUMENT 1'0" DIAMETER X 4'0" DEEP APPROX inn CU FT OF 11 Ya4lffl r (0 O ATTATCHMENT ~ tl J / v All OI` I I I 1 _1 • TONY JONES Precind 1 361-4106 WM. S. THORNTON Precinct 2 361-4115 s RANDY SIMS Brazos County Commissioners' Court Prat 10 361 X105 ALVIN W. JONES Carly Judge CAREY CAULEY, JR. 361-4102 Preunct 4 3614111 K F6 K 0 TO: Commissioners Court FROM: Ruth McLeod DATE: October 26, 2000 SUBJECT: Software Support Agreement and Rate Table Subscription Attached are copies of the following documents for your consideration and approval: Telephone software support agreement with ISI - $1,617.00 Rate Table Subscription Service with ISI -$855.70 The telephone technician, Bill Bowers uses the software support if he runs into a problem with the data from the telephone system that he is unable to solve. The Rate Table subscription is needed to upgrade the software for the call accounting system when the rates change. Thank you for your consideration. n~ ~J Brame Canty Carthmm 300 East 26th St. Suds 118 • Bryan. Teua 77803 4327 Far (409) 8216 3 1 ......-._.__......_......^.....4.r..v..ar,..i.au..w~.w..-..., ..aw~~.rx.y+uwa.ar.~..~.~~ •e w.ni.w.~w.^..r......r.. OCT 16 '00 1637 FR ISI I FORTEXT 647 995 0003 TO 19796236993 P.02/04 Attachment 811FW - Telemanagement Software Support: Infortel for Windows Customer Name: Brazos County Court House Customer No: 00044678 Benefit Premium Support Warranty Plan Plan Support 1. Access to our Customer Service 800 X X Number 2. Remote diagnosis of ISI software X X 3. Free Software Updates Needed to X X Maintain Proper System Operation 4. Remote Operational Assistance Unlimited 30 days following shipment S. Preferred Time and Materials Rates for non-covered Services X 6. Discount on Software Updates within Included Free version level 7. Discount on Individual Rate Table Purchases 20% 8. Discount on Rate Table Subscriptions 10% _ 9. Priority response to support Calls X 10. Free remote assistance with Software or Rate Table updates X r, 11. Remote System Diagnosis due to or X Related to Non-IS] Equipment or Software Plan Selection/Pricing Options Premium Warranty Three Year, Prepaid (20% Discount) ❑ Three Year, Paid Annually in Advance (10% Discount ❑ Two Year, Prepaid (10% Discount) O Two Year, Paid Annually in Advance (5% Discount) O One Year Paid in Advance (No Discount) ❑ One Year (No Charge) M Software Product List Price Discount Net Price Call Accounting S1.133 $ $ Remote Polling 1 site S (included above) $ Buffer Box support $ 484 s • A ~ Total- S 1,617 9Cpeq, GLAcewrrtAota nt•Custormr No. 9C*M&CtA0C*uRVS A0 wnLSRelds rt«~.o.rt~m I in OCT 16 '00 16:37 FR 1S1 INFORTDCT 647 995 0003 TO 19796236993 P.03i04 Bomfit Provisions The benefits provided under the software plan selected by Customer (the -Plan') are in addition to the terms of the warranty Contained In Section 9 of the Agreement The following are the terms and conditions relating to the benefits offered by ISI under the various software support plans, however, the actual benefits to be received by Customer under the Plan only include those marked on the reverse side hereof and may not include certain benefits listed below. 1. Access to our Customer Service 800 Number - Customer will be able to access our toll free 800 number during the hours of 7.00 Am through 7,00 PM (Central Time). Monday through Friday (excluding ISI-reeogrn2ed holidays) for assistance with TS. At other times. Customer will be able to leave a message and the call will normally be returned on the next business day 2. Remote Diagnosis of TS - Provided that Customer has Prentium Support Plan coverage and has remote dragnostiw software installed and operational on its system, ISI will remotely diagnose difficulties due to defects in TS. if Customer does not have Premium Support Plan coverage. remote diagnosis will be done via voice telephone and will require Customers participation ISI will in enter case, replace or cores TS at no charge d TS Is found to be defective 3 TS Updates Needed to Maintain Proper System Operation - ISI will replace of update TS at no charge based on ISI's determination that an update or replacement is needed to maintain proper operation of Customers system Such updates will not include, (i) rate table or software necessary to reflect charges on dialing methods. (i) changes due to non-ISI software or equipment used in conjunction with Customers system. or (u) changes necessitated by urwmstances not within ISI's control • 4. Remote Operational Assistance - During the first 30 days following installation. ISI will offer 2 hours of free telephone assistance with the operation of Customers TS system. Any telephone call less than 10 minutes will be deemed to be a 10-rrunute call for the purpose of determining hours of free assistance With respect to Warranty Plan customers. ISI reserves the right to charge for calls in excess of the free hours and/or allowed indents. or for any calls of the type described in Sections 10 and 11 hereof Remote Operational Assatanee shall not in any case be deerrhed to include data entry of any kind or assistance with the use of non-IS! software or hardware 5. Preferred Time and Materials Rates for Non-Covered Services - Premium plan customers will recerve a 20% discount off of ISI's then-prevailing time and materials charges for any remote services rendered which are not covered under their plan. 8. TS Updates of New or Basic Features within a Version Level - Premium Plan customers will receive at no charge updates withm a software version level which become available during the TS Support Term. These updates may include new features or may provide improved operation ISI MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY REGARDING THE FREOUENCY OF THE ISSUANCE OF PROGRAM UPDATES OR THE NATURE THEREOF. 7. Discount on Individual Rate Table Purchases - Premium Plan customers may purchase rate tables at a 2096 discount off of the then-prevailing list price Such discounts are not applicable to 'Custom' rate tables or rate tables, which have already been ordered prior to the date that the plan has been purchased 8 Discounts on Rate Table Subscriptions - Premium Plan customers may purchase rate table subscriptions at a 10% discount off the then-prevailing list price Such discounts are not applicable to subscriptions, which have already been ordered prior to the date that the plan has been purchased 9. Priority Response to Support Calls - While all customers will receive priority in the case of urgent calls, response to user requests for routine assistance win be provided to Customers m the following descending order of priority Premium, and Warranty. is 10. Free Remote Assistance with Software or Rate Table updates - Although software and rate table updates include installation instructions and are designed for the end user to setf-install, Premium Plan customers may request telephone assistance in performing the update at no additional charge The Warranty Plans do not include these services. It. Remote System Diagnosis Due to or Related to NonaSI Equipment or Software - Premium Plan customers will receive tree remote assistance in diagnosing ISI software difficulties which are determined by ISI to be caused by or related to equipment of software which was not provided by ISI While reasonable efforts will be made to investigate the problem and recommend corrective action, diagnosis cannot be guaranteed Such investigation may include diagnosis of difficulties due to Customers local area network, although 'diagnosis' shall not be deemed to include the performance of activMes assouated with the administration of Customer's network. Any activities perfomhed remotely at Customers request to correct difficulties caused by or related to non-ISI equipment or software, ineludrng ulikUtion of diagnostic software or administration of the Customers network. will be billable at ISI's then-prevailing normal pine and material rates Ion 20%. ad described in Section S above. The Warranty Plan does not Include these services. Note: Oil-site visits am not Included undo S agn ent Customer Signature: - Title: Date: /O - 31 -0-Cl, Fags 2 of 2 P C~7 wContaa No: eContact.AaoounLWAccourd.Sketda Riess 047= • OCT 16 '00 1638 FR ISI IPFORTEXT 847 995 0003 M 19798236993 httel/tgem reiemanagement Soiutwvl' October 16.2000 Ruth McCloud Brazos County Court House 300 Eau 26th Street Bryan. TX 77803 Dear Ms. McCloud: P.04/04 Thank you for your interest in the Rate Table Sabsuiption Service for your OS Plus Call Accounting System. This annual service will provide you with four updated tables, one per quarter. This service coin 5855.70. As we discussed, the rate table provides the coordination of the area codes and exchanges with the appropriate cities and states. This feature is especially important as new area codes will be created and distributed throughout the year. By receiving rate table updates you will have reliable area code to the citylstate location pairings. This will ensure that your reports will be accurate in distinguishing the location to where the calls are placed. Besides providing the current area codes and exchanges, a rate table is a grid that also provides the local and long distance rates of your long distance carrier to all the area codes and exchanges in the country. The rates are based on milea&e as well as the time the call is placed. The software for the North American Numbering Plan counts the number of digits dialed then verifies that an accurate area code was used by auditing the rate table. If the area code dialed does not appear on the rate table, then the call cannot be reported accurately as a long distance call. The accuracy of the information that you report depends on the accuracy of the rate table, therefore by not using rate tables or by using outdated rate tables, you will create reports that are inaccurate. Thank you aeatn for your interest in resuming this subscription Once you would like me to continue this for you, please contact me so that i may coordinate the paperwork through GTE. If you have any additional questions, please feel flee to call me at 1-800-366-6550 ext. 273. Sincccrclya144_ Wesley Bryant Account Executive RTSSOTE 1051 Perimeter Drive, Suitt 200 05disumburg, A 60173 9847.995.0002 ?titer 847.995.0003 la www.isPMf0.com • SUN LIFE ()-fCANADA Renewal Proposal For: Brazos County - Policy 060311 SPECIFIC STOP LOSS - Effective: November 1, 2000 eal and RX Medical and RX Card Medical and Card - C~ Enrolled Employees Single Family Total Specific Deductible Current Rates: Single Family Est. Current Annual Premium Renewal Rates: Single Family Est. Annual Renewal Premium Renewal Rate Action S50,000 Aggregating Specific Deductible is applicable Please Select Renewal Option: 444 239 683 QBtlan 1 550.000 555.000 560.000 $13.05 531.23 5159,098 S2237 $2030 $19.81 $54.03 $48.59 547.43 5275,211 5247415 5241,577 73.0% 55.6% 51.8% • Renewal acceptance by Sun Life is subject to receipt and review of large claims over 525,000, with diagnosis/prognosis, for the period of November 1. 1999 through September 30, 2000. Upon review of requested information, we reserve the right to recalculate quoted rates. • Claims basis changes from 15/12 to Paid • The above renewal offer is based on our revised contract that is currently approved in your sites state. Once Brazo County accepts the renewal offer, we will send the revised contract to you. Please let us know if you would like a sample contract for your review. • Thcse renewal rates assume there are no underlying plan limits that are inconsistent with the guidelines established by Americans with Disabilities Act. • In order for Sun Life to process this renewal in a timely manner, please sign this form and return it to me by ASAP. If renewal alternatives are elected. or if there are any changes to the underlying plan's benefit structure, please have the policyholder sign and return this form. Otherwise, your signature as broker is the only signature required. zl_ Q~L Authorized Signature Alvin W. Jones Name (Printed) Oil Poo_: /0.31-aV Date County Judge Title SUN LIFE of CANADA l 1•S ZVIIwY `~m [ ~.a • r -8-r . 1 r. Renewal Proposal For. Braze County - Policy #60311 AGGREGATE STOP LOSS - Effective: November 1, 2000 Specific Dedumble 550,0001 5551000 S60,000 Current Aggregate Deductible Factors (ADF) Medical 5310.05 Prescription Drug $46.08 Dental 524.72 Vision N/A Estimated Current Liability 53,121,447 Current Rate 51.79 Est. Current Amtual Premium $14,671 Renewal Aggregate Deductible Factors (ADF) Medical Only $419.47 5427.66 543615 Prescription Drug $55.00 955.00 555.00 Dental 527.01 $27.01 $27.01 Vision N/A N/A N/A Estimated Renewal Liability 54,110,130 $4,178,894 $4,247,577 Renewal Premium Rate 51.97 $2.03 S2.09 Est. Annual Renewal Premium 516,146 $16,633 $17,130 Please Solect Renewal Option*r ❑ ® ❑ * The selected renewal option inust be for the sartte Speclflc deductible selected on page 2 I e Renewal acceptance by Sun Life is subject to receipt and review of monthly claims and lives, by line of coverage, for the pcriod of November 1. 1999 through October 31, 2000. Upon review of requested information, we reserve the right to rcealculate quoted ADF. e Please note that the medical ADF does not include dental. shod term disability or vision or prescription drug card programs. e Claims basis remains Paid * The abovc rcncwal offer is based on our revised contract that is cturclltly approved in your situs state. Once Brazo County accepts the renewal offer, we will send the revised contract to you. Please let us know if you would like a sample contract for your review. • These renewal rates assume there are no underlying plan limits that arc inconsistent with the guidelines established by Americans with Disabilities Act. e In order for Sun Life to process this renewal in a timely manner, please sign this form and return it to me by ASAP. If renewal alternatives are elected, or if there are any ohanges to the underlying plan's benefit structure, please have the policyholder sign and return this form. Otherwise, your signature as broker is the only signature required. U/ . Authoriz d Signature Alvin W. Jones Name (Printed) V A , aag- ~ "I (HAMM"a -1--Plffkl~ - - - /O -3l -o-d Date County Judge Title • INDIGENT HEALTH CARE CONTRACT This Contract is Subject to Arbitration Under the Texas General Arbitration Act This Contract is entered into by and between BRAZOS COUNTY acting by and through its duly elected Board ( hereinafter "County") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG"). The purpose of the Contract is to outline the responsibilities of each of the parties in the operation of the Indigent Health Care and Treatment Act, created by House Bill 1398 during the Special Session of the 76thTexas State Legislature. The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act and the Texas Constitution, the County agrees to provide the financial resources for the mandatory, Inpatient, Outpatient, Physician, Prescription, X-Ray, Laboratory, Rural Health Clinic and Family Planning Services to Eligible household members who meet the requirements of the Act, the Texas Department of Health (TDH) Handbook, and the BVCOG. • RATES FOR REIMBURSEMENT The County agrees to join other counties in the region and provide a pro-rata share of funds for the Administration of the County Indigent Health Care (CIHC) Program by BVCOG for the State Dept. of Health, Region 7. The amount payable by BRAZOS COUNTY to BVCOG is $60,000.00 through September 30, 2001. Payment will be made to the BVCOG, quarterly. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG will be responsible for providing the following services pursuant to this Contract: 1. Providing all necessary application forms to potentially Eligible Individuals. 2. Provide intake services in the County at least once a month. 3. Assist applicants in completing all necessary forms. 4. Determine the Eligibility of each applicant with regard to residency and qualifications defined in the Act, including but not limited to Sections 1.01 and 1.04. In this capacity the BVCOG shall also be responsible for mailing all necessary forms and following all procedures defined in the handbook with regard to notifications and appeals on the issue of household eligibility. • f Page 2 - CIHC Contract Brazos County 5. Maintain this Contract and assist the parties hereto in the operation of the Program. 6. Maintain data files on Clients. 7. Provide information to all parties as needed. 8. Respond to all and any inquires regarding the Program. 9. Assist the County with information needed for Audit purposes. 10. Monitor the Program on a periodic basis to review overall Program management and operation 11. Assist the County with all of its responsibilities under the Act and the Constitution. 12. Perform all other duties and functions necessary to fulfill the requirements as outlined in the Act and TDH Handbook. 13. Review the Eligibility of each household every six (6) months. 14. Prepare and distribute to the Provider no less than once every six (6) months a computer list of Eligible Residents. 15. Determine Eligibility not later than the fourteenth (14) day after receiving a completed application from an applicant including all necessary documentation and verifications. 16. Receive all Bills submitted by the Provider for payment of Services and review the same to verify that the Services and the patient qualify in all respects. 17. Send all Bills for payment to the County for payment. RESPONSIBILITIES FOR THE COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County funds for the payment of mandated services. 2. Provide County funds for the Administration of the Program to the BVCOG on a quarterly basis. 3. Develop a system for the payment of Indigent Health Care Services bills or incorporate this billing into the County's established system for paying like bills. 4. Provide an audit of the Program as required by State law. 5. Accept ultimate responsibility for payment of services, which may be determined through an audit to have been an Ineligible expense. 6. Provide for and assist with the procurement of and payment for legal services as necessary. 7. Provide for and assist with the procurement of and payment for additional audit services. • •I Page 3 - CIHC Contract Brazos County TERM This Contract shall continue in force and effect for a term of one (1) year commencing on the First day of October, 2000 and shall terminate on the Thirtieth day of September, 2001. CONCELLATION This Contract will be canceled automatically should the County become remiss in their reimbursements to the BVCOG for administrative services. This Contract may be canceled by either of the parties hereto upon Sixty (60) days written notice as provided herein. INDEMNTY Any monetary loss suffered by the County from Ineligible Clients, mistake, fraud or other conditions cannot be recovered from the BVCOG. AMENDMENT This Contract shall be automatically amended by the amendments made to the Act by the State Legislature, in all other respects, this Contract may only be amended by the written consent of all the parties hereto. GOVERNING LAW This Contract shall be executed in and shall be governed by the laws of the State of Texas. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this Contract. ,401~ 03 ~ l Page 4 - CIHC Contract Brazos County SEVERABILITY In the event that any of the provisions or portions of this Contract are held to be unforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions hereof shall not be affected thereby. ENTIRE CONTRACT This Contract contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Contract, which are not fully expressed herein. EFFECTIVE the 1't day of October, 2000. BRAZOS COUNTY By: Judge Al J es BRAZOS VALLEY COUN OF GOVERNEMENT B Torn inso irector 1 1 r 1 1 • THE STATE OF TEXAS i 121 COUNTY OF BRAZOS `d This Agreement is made and entered into by and between the Brazos Animal Shcl a Texas non-profit corporation, hereinafter referred to as the "Corporation" and the Brazos County, h cinafter referred to as "County" ' r WHEREAS, the Brazos County, Texas is duly organized and functioning tit licoordanee with the laws of the State of Texas; and WHEREAS, the Corporation operates an animal shelter that strives to reduce animal control problems in Brazos County, and WHEREAS, the Corporation operates an animal control program utilizing people and equipment that interface closely with and is the largest single user of the animal shelter, and WHEREAS, the County and the Corporation agree that the Corporation shall be the Agent of the County for Animal Control duties and responsibilities, and WHEREAS, Chapter 826, the Rabies Control Act of the Texas Health and Safety Code c\pressl% authorizes agreements of tlus nature. NOW THEREFORE, • In Consideration of the mutual benefits and promises each to the other made herein and for [lie further consideration of budgeted funds, fees.-and certain equipment, the parties named above do hereby agree as follows I GRANT To the niammum extent permitted by law, the County hereby contracts with Corporation to carry out activities required or authorized by Chapter 862, Texas Health and Safety Code, and functions for animal control operations and duties within Brazos County to the Corporation The Corporation accepts fully the responsibilities and functions of the BrUGS County animal control operations Such functions shall include as a minimum, but not exclusixely, the management, training, and equipping of animal control officers, the operation in accordance with la%% of an approved Animal Shelter, and other appropriate animal regulation and control acts tries, to include the issuance of citation to violators of state or local law, as required by State or local statutes The panics hereto understand that the Corporation performs the same or other additional animal control functions for other jurisdictions or political subdivisions within the Brazos Valley geographical area. In that light, each of the parties hereto do hereby agree to indemnify and hold harmless the other for any and all claims or causes of action of %%hatsoever nature or kind by any third party or political subdivision which may anse out of the actions or omissions of the parties' respective agents, officers, trustees, or employees in the fulfillment of that parucs' duties under its part of this Agreement. Such claims or causes of action shall be the sole responsibility of the parry incurring the same County hereby agrees and understands that Corporation has the authority to contract on its own or on behalf of other tturd panics, subject to the final approval of the Brazos County Conunissioners' Court with funding as provided for herein, to improve, maintain, regulate and adnunisicr the County animal control program. LJ IL DEFINITIONS A. Animal Control Services: "Animal Control Services" shall mean the services provided by the Corporation in accordance with the hereinabove GRANT that are necessary to effectively carry out an animal control program for the County. These services shall include, but not be limited to the conduct of animal control patrols throughout the duty, apprehension of animals found to be in violation of the city and state animal control statutes, and all associated administrative duties. B. Animal Shelter: "Animal Shelter" shall mean the facility known as the Brazos Animal Shelter currently located at 2207 Fmfeather Road to Bryan, Brazos County, Texas that keeps or legally impounds stray, homeless. abandoned, or unwanted animals. C. County "County" shall mean the County of Brazos with its offices located at 300 South Texas Avenue, Brazos, Brazos County, Texas D. Corporation: "Corporation" shall mean the Texas non-profit corporation known as the Bravos Animal Shelter with its primary business office at 2207 Finfeathcr Road in Brazos, Brazos County, Texas E. Any words or phrases not specifically defined herein shall have as their meaning the ordinary and commonly understood meaning except for specific animal control or vetennary terns. III. EXPRESS PROVISIONS A. Assets: The County shall transfer emsttng animal control egwpment assets to the Corporation Assets lobe transferred shall be mvcntoned and a monetary value established for each item The Corporation shall be responsible for the operation, maintenance, to include insurance against losses or damage, and security of all inventoried items so transferred B. Corporation shall contract and purchase from its own budgeted funds all supplies, equipment, materials and services. including professional services, necessary to provide animal control services for County C. Corporation shall, in addition to its other duties. be responsible for the hinng, training, and firing of all employees associated with the provision of animal control services for County In this regard, it is hereby fully agreed that all Corporation employees and the Corporation itself are Independent Contractors of the County. No employee, trustee, or manager of the Corporation shall at an), time be considered a County employee D. Corporation shall contract for 24 hour dispatching services E. Corporation shall maintain a file of complaints against its operations by any Brazos County cloven The file shall be open to inspection at any reasonable time by County Numerous or a severe fault complaint against the Corporation shall be cause for the County to consider a tcrnunatton of this agreement after hearing and an opportunity to be heard If County decides to terminate this agreement under this section, budgeted funds allocated to the Corporation to the end of the month of termination shall be paid, existing equipment assets in the hands of the Corporation shall be inventoried, a dollar value assigned, and transferred back to County No further hability on the part of the County shall exist . 11-~ ~ra.t • F Funding Corporation shill prepare an annual olxraung budget in accordance %%jilt County's budget guidelines md subinaml schedule Corporation shall submit budget to County for review and appro%.il County shall rcvic%%. modify, approve and fund in "annual control services" budget Said funds shall be paid to Corporation monildy throughout the budget year. County understands and agrees that the Corporation also has other funding sources and County shall not require such funds to be utilized for County services, the intent being that County funds shall be annually appropriated for its own noods distinct from overall Corporation needs or funding Corporation and Counts agree that all c%pressly budgeted funds and other revenues generated from the provision of animal control services, except those received through the operation of County's Justice of the Peace Court functions in the animal control enforcement area, shall be deposited in the Corporation's operating accounts Corporation agrees to pay for all animal control services from these accounts All funds designated for animal control shall be deposited in the nano of and to the credit of the Corporation with such depositories as shall from unto to time be designated by the Corporation in accordance with law Any payments made b% Corporation shall only be made in accordance with generally accepted accounting practices wjilt appropriate safeguards and controls Corporation further agrees to ensure that appropriate accounting codes arc established so that an annual audited account of funds c%pended can be provided to Count% Corporation and County a::re,` that all cvccss funds.nailable at the end of the operating Vicar and identifiable as funds attnbuiable to the Coumy shall be deposited in the %cluclc and reserve account of the Cog)or,ittoii Corporation shall maintain separaie account records of all anneal control e%penditures and funds Account records shall le open to inspection at anv reasonable imic by Count-,, Corporation shall submit an audncd financial report of ar nnal control activities amulally Corporation shall not borro%% utonc% nor shall it approve any fund expenditure for clauns nor incur any obligation on belnall of Br.vos animal control operations unless there is sufficient unencumbered cash in the .ippropnaic fund credited to the Corporation with which to pay the same Except pursuant to a mutual %%nucn.,rccntcnt to Icnninatc thus contract, am• indi%iduai pariv clecung to tern inaic its p.uitcipation in this agreement shall and hercbv does forfeit its pain of any contingcnc~ or capji,nl uupro\cutent funds accrued G Repons Corporation shall suborn a comprclicnsmc annual rcpon of all annual control activities to Court% %whin nnict% tvul da%s of the close of each fiscal year Corporation shall provide to County upon request a cop\ of any other repon which it eta} be required to prep.ire and submit to am fcdcral st.nc or other local jurisdiction in the course of its annual control acti% nits • H Default In the event Court% fails to appropriate funds to support approved and required capital, operating costs or other programs mutually agreed upon. Corporation shall cause written notice to be gn%cn of its intent to Icrnunate this agreement unless County complies wdli the provisions of the agiecmcnt and cinninaics the condition within stet% (W) days of tine receipt of the wnuen notice If cm fails to eliminate the cause for default. Corporation shall return the assets and responsibilm for animal control functions to the County in accordance with paragraph F hcreutabo\ c :Ywla^L•.~1~7rr~.4rw~rV.ia .r.a~Aw YwJr~a:~.~M.'rLNN 1. Term: This agreement shall be effective for a period of one year (1) from and after the date of execution by both parties. The Agreement shall automatically renew itself annually thereafter except upon sixty (60) days prior written notice at any time of either party. J. Insurance- Corporation shall at all times relevant to the fulfillment of this Agreement have, keep, and maintain insurance protecting itself, with County as an additional insured, and covering general liability, worker's compensation if required by State law, and automobile liability. Workers Compensation insurance shall be at statutory limits, including employers liability coverage at minimum limits of $500,000.00 each accident A waiver of subrogation in favor of Brazos County shall be included The General Liability insurance shall have a mimmum combined single limit for bodily injury, personal injury, and property damage of S 1,000,000 00 per occurrence Automobile Liability insurance shall be continuously held with lints for bodily injury and for property damage of not less than S 1,000,000 00 on all self-propelled vehicles used ►n connection with the ammal control operation, whether owned, non-owned or hired Copies of certificates evidencing such insurance as herein required shall be sent to [fie County for its records All certificates shall reflect that no change in policy amounts or coverages shall occur until at least 30 da%s prior written notice has been given to County Corporation agrees, to the uteri allowed b% lau, to indemnify and hold harmless the County from any claims, damages. or causes of action which night arise from any activities of Corporation as outlined herein, and Corporation specifically agrees to indemnify the County against all claims, dainages or causes of action uh►ch might anse as a result of acts, omissions or negligence of Corporation or its agents arising out of Corporation's efforts under this Agreement The County agrees, to the ement allowed b% tau, to indemnify and hold harmless the Corporation from any and all claims. damages, or causes of action which arise as a result of acts, omissions or negligence of the County or its agents arising of the County's efforts under this Agreement K. Amendments This agreement may be amended at any time by mutual consent of both parties and subject to the appro%a[ of the Brazos Coun% Commissioners' Court and Animal Shelter Board of Directors L. As a part of this Agreement, there are certain schedules attached hereto for Services Goals, Capital, Statistical reports, etc These schedules arc incorporated herein by this reference hereto for all purposes by the parties and form a part of the overall agreement IV GENERAL PROVISIONS A. Scvcrabiluy Clause- The parties intend for the vanous provisions of this agreement to be severable so that the ►nvaliduy. if any, of am one section (or More) shall not affect the validity of the remaining provisions or sections B This document may be executed in any number of original signature counterparts, each of which shall for all purposes be decined an original, and all such counterparts shall constitute one and the same document .A 1 • • - l 9 C. Each of the parties hereto expressly warrants that in the execution hereof, it has obtained the full authority of any required governing authority and, by its execution hereof, intends to bind same D. Corporation agrees to retain any records it makes in compliance with this Agreement for a pcnod of three (3) years after the ultimate termination of the contract. E. Tfus Agreement shall be interpreted in accordance with the law of the state of Texas and in Brazos County, Texas F. This Agreement represents the entire agrocmcnt of the parties and supersedes any verbal or written representations of. to or by the parties to each other. G. Corporation expressly warrants to the County that it has the experience, expertise, and trairung to undertake the performance of this agreement. H. Notices to either party shall be sufficient if scm in writing, postage pre-paid, registered or certified trail to the chief Administrative Officer of the party at the address on file of either party for that Officer DATED In -31 - no TO EVIDENCE OUR AGREEMENT WITNESS OUR SIGNATURES- B~RAZOS COUNTY BRAZOS ANIMAL SHELTER By. B) Judgc A] Joncs Lonruc Stabler, Chairman. Board of Directors ATTEST- ATTEST ounty Cicrk Lynn Mclihaney, Corporate Secretary APPROVED AS TO FORM County Attorney 0 SCHEDULE A. SERVICES AGREEMENT It is further agreed by the parties that: 1. Any animal seized shall be delivered to the Ammal Shelter 2. County shall pay fees for specified services as set forth on Schedule A herein. Said payments shall be credited by Corporation toward any budgeted funds appropriated and paid by County to Corporation. 3. All reports or financial statements shall be submitted to County in a form as approved by County. 4. Corporation shall provide administration, inanagcmcnt, and supervisory support for the animal control program for County. This shall include training and licensing responsibiliucs. 5. At all Umcs. County shall provide budget support for a minimum of one (1) Animal Control Offlocr and Dispatch 6. County shall provide shcnft"back-up" support for all emergency or dangerous situations at the request of Corporation. 7 County and Corporation agree that Sheriff sliall perform li%cstock control Livestock cruelty complaints shall be handled by Corporation ~O 1 • • _ BRAZOS ANIMAL SHELTER OPERATING BUDGET SUMMARY FY 2000-2001 with Decision EXPENSES ACTUAL BUDGET EST. ACT. PROPOSED DECISION Dollar Decision % 98-99 99-00 99-00 00-01 PACKAGE Increase Increase SALARIES 284898 303784 326030 325607 355117 29510 AND BENEFITS SUPPLIES 107043 91100 93200 97775 97775 0 REPAIR AND 10759 13000 13000 13000 13000 0 MAINTENANCE SERVICES 84078 107363 114400 114900 114900 0 SUNDRY 111042 19700 18100 12000 12000 0 OPERATING TOTAL 504820 534947 564730 563282 592792 29510 BRYAN FIELD SERVICE 181193 189770 187770 189577 199320 9743 CONTRACT BRAZOS COUNTY FIELD SERVICES 41099 43810 41727 42403 43075 672 CONTRACT GRAND TOTAL 727112 768527 794227 795262 835186 39925 REVENUES INHOUSE REVENUE 386411 353100 367326 380100 380100 SHELTER CONTRACTS 173454 180347 180347 183182 212692 FIELD CONTRACTS 222292 233580 229497 231980 242395 if6TAL REVENUES - T82157 --767-027 777170 795262, 835186 a~ POO 0 PAGE 2 L GOVERNMENT REVENUE FY 2000-2001 - WITH DECISION PACKAGES ACTUAL BUDGET EST ACTUAL PROPOSED WITH DECISION DECISION CLASSIFICATION 98-99 99.00 9300 BUDGET DECISIONS DOLLAR DOLLAR 00-01 00-01 INCREASE % ANIMAL SHELTER 107277 111518 111518 111741 129742 18001 23 SERVICE FEE (61X) VEHICLE CONTRIB. 3051 2033 2033 0 SERVICE ADVANCE CREDIT -31666 -31666 0 0 BRYAN FIELD SERVICE 188120 187270 187270 189577 199320 9743 6 BRYAN TOTAL 298448 300821 300821 269652 297396 27744 13 COLLt~ESTATION ANIMAL SHELTER 38023 43562 43562 44696 51897 7200 23 SERVICE FEE(24.4%) VEHICLE CONTRIB. 3051 2033 2033 0 SERVICE ADVANCE CREDIT -31666 -31666 0 0 COLLEGE STATION TOTAL 41074 45595 45595 13030 20231 7200 86 BRAZOS COUNTY ANIMAL SHELTER (14.6%) 19011 19167 19167 26745 31053 4308 23 VEHICLE CONTRIB. 3051 2033 2033 0 BRAZOS COUNTY ANIMAL CONTROL SERVICE 39647 43810 43810 42403 43075 672 2 BRAZOS COUNTY TOTAL 61709 65010 65010 .6844+;- 741 4981 10 O, aco Q SHELTER FEE TOTAL 173454 180347 180347 183182 212692 29510 19 FIELD CONTRACTS 227767 231080 231080 231980 242395 10415 5 TOTAL TOTAL GOVERNMENT 411427 411427 415162 455086 39925 13 REVENUES PAGE 3 r BRAZOS COUNTY INVESTMENT FUND INVENTORY HOLDINGS REPORT PERIOD ENDING 09/3012000 ACCRUED BEGINNING BEGINNING ENDING ENDING FUND TYPE OF SETTLE CUSIP COST PAR YIELD INTEREST TYPE ASSET DATE NUMBER MATURITY 0613301 0 06/30/00 9/330100 09130100 IREAIE USTN 10115199 9128274E9 05115/01 991,187.50 1,000,000.00 5.625 21,093.75 1,004,218.75 1,000,625.00 1,418,281.25 1,016,565.90 1 1 AGENCIES FNMA DM 03/01100 313588B53 08110/2000 1,192,310.88 1,225,000.00 6.194 0.00 0 1,216,726.83 75 773 026 3 1,61 157.25 027 3 . ' 1 FNMA DM 05/11100 3135881775 0911312000 2,999,289.58 3,068,000.00 6.689 007 7 0.0 00 419 25 . , , 112,590.78 1 . , 1,112,493.45 1,131,866.85 1,132,359.84 1 FNMA DIN 06/01100 3135881156 1113012000 1,106,447.85 1,145,000.00 . . , , I 1 FHLB ORJ 12/17199 313384C49 08117/00 2,499,200.89 2,600,000.00 6.033 0.00 2,580,170.67 2,577,917.33 1 FFCBC/N 10/05/99 31331HG35 10101101 1,000,000.00 1,000,000.00 6 30,000.00 0 1,015,000.00 0 1,005,614.58 1,030,000.00 1,024,666.67 .67 6 1 fFC6 C/N 10105199 31331 HG35 10/01101 99, ~ ~ ~ 71 2,4920- 78 Did no80wn Did not 1,727,492.18 .94 1,730,396 1 FHLB C/N 07!10!00 3133MB034 07110!02 1,700,000.00 . Totals 10,970,300.78 10,945,420.70 5,937,460.88 5,928,656.02 Sector 1 COMMERCIAL Merrill Lynch PAPER 04!13/00 59018JGB4 07111/00 1,999,33629 2,030,000.00 6.29 0.00 0 2,026,210.11 57 173 992 1 2,025,943.38 310.02 992 1 - - 1 Salomon S.B. 05/11/00 7954WOH40 08/04100 1,973,850.10 2,005,000.00 6.777 74 0.0 24 762 31 . , , Did not Own , , Did not Own 2,031,522.69 2,031,116.65 1 Salomon S.B. 07106/00 7954WOK46 10/04/00 1,999,760.45 2,033,000.00 0 1 6. 67 6 . , 00 524 16 Did not Own Did not Own 1,690,208.00 1,689,761.75 1 AT&T 08/07100 03018AL17 11/01/00 1,673,684.00 1,700,000.0 . . , Sector Totals 4,018,383.68 4,018,253.40 3,721,730.69 3,720,878.40 CONSTANT D OLLAR POOL 6.5656 10,428,000.17 10,426,769.67 16,711,167.74 16,711,669.08 1 TexPool 6.5656 3,928,488.21 3,928,024.65 3,224,026.20 3,224,122.92 2 TexPool001 Sector Totals 14, 794.32 19,935,193.V4 At S 29,345,172.84 Z9,31CAo~•gc UNREALIZED REMAIN, GAIN/LOSS D-T•M (1,715.35) 227 • Matured • Matured 492.99 61 • Matured (5,333.33) 366 (5,153.33) 366 2,904.16 648 Matured j Matured (406.04) 4 (446.25) 32 501.34 1 96.72 1 598.06 I l 059.09) i , 1 l i 1 f i BRAZOS COUNTY INVESTMENT FUND WEIGHTED AVERAGE MATURITY AND YIELD REPORT PERIOD ENDING 0913012000 SECURITY SETTLE MATURITY END BOOK MARKET UNREALIZED _D-T-M WEIGHTED TYPE DATE DATE COST PAR YIELD VALUE VALUE GAINILOSS W.A.M. AVG.YLD 09130/00 09/30/00 TREASURIES USTN 10/15/99 05115/01 997,187.50 1,000,000.00 5.625 1,018,281.25 1,016,565.90 (1,715.35) 227 Sector Totals 1,018,281.25 1,016,565.90 (1,115.35) 227.00 5.625 AGENCIES FNMA D/N 03101100 08110/2000 1,192,310.88 1,225,000.00 6.194 - - 0 Matured FNMA D/N 05111/00 0911312000 2,999,289.58 3,068,000.00 6.689 - - 0 Matured FNMA D/N 06101/00 11130/2000 1,106,447.85 1,145,000.00 7.007 1,131,866.85 1,132,359.84 492.99 61 FFCB C/N 10/05199 10/01/2001 1,000,000.00 1,000,000.00 6 1,030,000.00 1,024,666.67 (5,333.33) 366 FFCB C/N 10/05199 10101/2001 999,820.00 1,000,000.00 6 1,029,820.00 1,024,666.67 (5,153.33) 366 FHLB C/N 07/10/00 07/10.12002 1,700,000.00 1,700,000.00 7.1 1,727,492.78 1,730,396.94 2,904.16 648 Sector Totals 4,919,179.63 4,912,090.12 (7,089.51) 394.85 6.618 COMMERCIAL P Merrill Lynch APER 04/13/00 07/1112000 1,999,33629 2,030,000.00 6.29 - 0 Matured Salomon S.B. 05111/00 08104/2000 1,973,850.10 2,005,000.00 6.777 - - 0 Matured Salomon S.B. 07106100 1010412000 1,999,760.45 2,033,000.00 6.741 2,031,522.69 2,031,116.65 (406.04) 4 AT&T 08107100 11/0112000 1,673,684.00 1,700,000.00 6.67 1,690,208.00 1,689,761.75 (446.25) 32 Sector Totals 3,721,730.69 3,720,878.40 (852.29) 16.72 6.709 CONSTANT DOL LAR POOL t Twpool 6.5656 16,711,167.74 16,711,669.08 501.34 1 Texpool001 6.5656 3,224,026.20 3,224,122.92 96.72 1 Sector Totals 19,935,193.94 19,935,792.00 598.06 1 6.5656 PORTFOLIO TOTALS 29,594,385.51 29,585,326.42 (9,059.09) 76.22 6.560 i~ C 1i l ~I ~ II i Qww 0 ' g y~T.~rzrn w; THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY, OF THE ORIGINAL 1 1 •I I I J i QUARTER ENDING 0930.2000 INVESTED FUNDS ACTIVfTY REPORT FUND 1 • POOLED FUND GROUP FUND 2 • CERT. OF OBLIG. DATE DUNE DESC -JMAMCE:S~;C2 GEN FUND $16~138,241.fi6 V IT INT. 359;78261 HLTH ENDW S 2=,U r CTHSE SEC. 3 ? G P L 4Z974.43323' G 0 DEBT X2315,01828 VTR REG YZ2,418J18, HLTHBLF •$1;36$170:48 ST LAT RD $1105,266.53 COMM SPRV :;%-74 M S J EXP. f 51,773'41. R.0 W. 3 612 931 42 R&B CAP. S2 541 CTHS IMPV. TOTAL tf ,?31!31 07106r1000 Purchase Comm Paper 1.999.760 45 0 710 512 0 0 0 TexPodBuy Out 95.00000 5,00000) (20.00000) P 071108000 TexPadWdhdrawal ,00000) _94) 0711012000 TexPod Deposit 250.00000 38,000 00 _ ~J f10 071108000 FHLB•Callable 1,700,00000 _ Q r 300 0711112000 TexPoof Buy Out 200,000 00 200.000 00) 07111/2000 07131/2000 Comm Paper Matured Juty TexPool Int (1.999.336 29 37,974 01 33100 6.65578 982 57 4.44145 23938 179 50 7,57520 49005 4,162 38 3,393 67 13,406 62 216 071318000 i~Rll TexPod Juty Int Trsfr BALYINCE 4,44145 BA Ti8' - 46x1 363 4B5 1782Si' (4441 45) 69914331 !4 4518 [X85758 i • 915781 1 3J1DB' Bi 0&018000 Jrsfr wu to abseout aoc 226 26 08+042000 Comm Paper Matured 1,973 85010) OW78000 Purchase Comm Paper 1,673,684 00 08A)812000 TexPodWitfdrawal (65,00000 50.00000 ,00000) 408.64 081108000 FNMA OM Matured 1.192,310 88 E► 08/118000 TexPool Depose 1.438.700 00 08/178000 08838000 FHLB DIN Matured TexPoolBuy Out 2.499,200 89) 90.00000 5,00000 15.00000 ° 1 r 08/318000 08/3112000 TexPod Wdlbrawal August TexPodInterest 38,99568 33455 6,72708 1,39678 4.03804 459.532 71 5,65413 18142 7,53476 172.54 3,12852 3,43003 12.955.51 ) 0W ;3•j~ 081318000 UGU TexPoolAug InterestTrsfr •,SAI'ANCE " 4,03804 5809,913 1 3' 0.448:18 15.494,93 33l~ 7))M;, (4.03804) Wa399267q • 145768 T783d0. ' "180134 5 2- „ 1609064' 9 it 052 926 (052 : i 091318000 Translerpo sit 480.13796 :3 091138000 FNMA D/N Matured (2,999.289 58) t 5) 091152000 TexPoolDeposd 4,5WQ00000 0987re(= TexPool Wdhdrawat 101,82005) SS ,s?05 09878000 TexPbd Withdrawal (250.00000) I ":3130) 09/3012000 September TexPodInterest 51,31128 32621 6,55931 1,36194 3,91555 5.60860 17689 7,06002 3200 2,42664 2,74712 3,34449 12,375 71 Y.. 57 09/302000 TexPod Sept Interest Trsfr CE 3.91555 Z~655850 ' ZM 439: 227 4 w2534AI29. (3,915 55) ,26Jd3r JIM A2r'15 ?4Z3 , g M'dl ' 8' 9ZZ5Xj321 55 . 81')15!3 D5bl ~1 09 r 0 0 is ~ .n r i THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL FY 2000 DEPOSITED INTEREST SUMM4RY BY FUND nrun. _ Pnni Pn Fuun CROUP FUND 2. CERT. OF GBLIG i I 4 I ESC tGEN FUND 177/0/7 LTH.ENDW.' { iCTHS SEC. 1tGPJ.1~ r ',G:O.DEBT REG. , L'4Hlf . X571/17./20 M 6 . SA lEXP, ;W. 0/248 CAP W-CMSJMWA [4 10/131999 FNMA ON Matured 73 739 70 S 73 739 70 10/31/1999 TexPool October Interest 1087730 17309 282769 19.18843 4,52851 14784 4,77363 29359 12,60748 3.199 00 3,65353 1,58217 f 63,85236 10/3111999 TexPool Oct Interest Trstr 19,18841 (1918843 ) S ER e CEO 303,110543 ' 7309 6+4s42.827r69 : ;:rJ►`t, _ 1f 4,5286U 4P 4723/ tiw17J3.63 "293359 1 $6070/8 199310 : 6655'3 1 582II7 37ub92 11/1511999 U S Treasury Capon Pyrrint 28,12500 S 28,125 W 11115/1999 Acor Inc purchased (23,386 55 ) f (23,36655) 1122/1999 FHLMC ON Matured 44,76587 S 44,16587 1130'1999 TexPool November Interest 13,46970 17211 5,25201 18,99493 4,50294 14704 4,74668 29194 12,53624 3,18093 3,63291 1,57340 $ 68,50082 1130/1999 ER TexPool Nov Interest Trsfr x• PDAUB 18,994 93 #185,'774!38 520 , 5,198,579.70 114 r . (1899493 ) &-X,031 88 .bd•-g,520.81i S3' 9425 d3. 1=1 T9R3 ' "vim • $ x 712 1271511999 FHLMCDIN Matured 43,26033 - S 4326033 1231/1999 TexPool December Interest 16,86360 18200 5 553 88 19,99796 2,96116 15549 5,01950 308 72 9,44799 3,08904 3.44153 1,66384 S 68,684 81 1231/1999 BER TexPool Doc Interest Trsfr r CEL--AC6; 19,99796 635.99: 091452720 ' d3533b8 ' ' (19,99796) t 4p1992] 14539, T: t~7L7 $ 542 0171312000 CommPaper Matured 29,55000 $ 29,55000 01726/!000 FHLMC DIN Matured 39,48326 $ 39.48326 01312000 TexPool January Interest 30,194 16 18563 5.66440 18,641 13 2.89493 158 58 5,11938 31486 7,81144 3.09741 3,22858 1.69695 S 79,007 45 01312000 Y 02/252000 TexPool Jan Interest Trsfr VU a-- k FNMA DIN Matured 1864113 102123. !ct 12,53' 9 798 w (18,64113) 7x z - ' a,8SUC 29 448 43 ' 9 9; PRO Q ►JDC q S - tx 583 $ 29,448 43 02292000 TexPoolFebruary Interest 29,45800 24119 5,51025 18,04826 2,62116 15427 5.77761 42114 10,65173 3,01312 2,26472 1,38797 $ 79,55042 02/292000 03OV2000 TexPool Feb Interest Trsfr Comm Paper Matured y~18~,048 26 ~i48,'527149 28.251 17 24,80823: (18 048 26) "6,95U3; t ` 936 A3025 147 31 $ - r 9:68 $ 28,251 17 O3'11L2000 CommPaperMatured 26,29683 $ 26,29683 03312000 TexPool March Interest 43.551 32 29418 6.03661 19,43148 Boot 16820 6,73248 51799 13.26408 3,27209 2,03482 1,37968 $ 96,76314 03/312000 TexPool Mar Interest Trsfr 19.43148 (19,43148) 001 (001) S C11lO DadMOADMEWE-UT :039,96148' *31,248 20, 1'30845.09 f hiS$ =✓r; ti47.031124, 31:42 -16928 12n'M14824 7 i3B 616851 8 110115 5,899 04/122000 Camnertael Paper Matured 25,184 25 S 25,184 25 04302000 Apo TexPool Interest 50,04513 293 81 5,90795 17,273 81 79 91 15933 6,72406 51735 15,723 43 3,012 37 78539 404 55 S 100,92718 0130/1000 TexPool Apr Interest Trsfr 17,27381 (17,27381) $ '33332 75; flf' :4 :01675299: 5 Z;? krA7.418`15. 7090.35, 66559' 9 1 1883 g' O6r252000 FNMA OM Matured 34,435 34 18.083 24 OY3111000 May TexPool Interest 38,96731 31320 6,29786 10,96413 8518 16984 7,16784 55150 11,00763 3,21118 6,80035 214 05/3111000 06002000 TexPool May Interest Trsfr FHLMCDI NMatured 10,96413 616;63153; 164,58000 7dt 1. 'TS43y50b5 (10,96413) 061'18 19 JIM 06'302000 June TexPod Interest 34,93510 314 62 6,326 49 5.293 74 85 57 170 62 7,200 43 554 OD 3,956 42 3,225 78 13,49053 2.15 g 06'302000 07/11/20DD TexPool Arne Interest Trsfr Comm Paper Matured 5,293 74 440. 71 30 66329 WOMB& .9 (5,293 74) LM~VU 261, 073112000 Juty TexPodlnterest 37,97401 33100 6,65578 S 98257 4,44145 23938 179.50 7,57520 49005 4,162.38 3,39367 13,4061:2 226 733 07312000 OSO 200D TexPool Juty Interest Trsfr NOMALAW Cormeroal Paper Matured 4,44145 ] 831 12' S7' (d 44145) yA. 31,14990 t 4 209 AWAgAm, f 31,14990 08'102000 FNMA DIM Matured 32,68912 S 32.68912 081172000 FHLBDIN Matured 100,79911 $ 100,79911 0631200 TexPool August interest 38 99568 334 55 6,72708 1.39678 4.03804 5,654 13 18142 7,534 76 172 54 3,12852 3.43003 12,955 51 052 S 84,549 56 IN20DO 12000 TexPool Aug Interest Trsfr FNMAOrNMatured 4,03804 68,71042 (4,03804) 1 50959 0 52 (0 52) S S 68,71042 09302000 TexPcdSeptemberInterest 51,31128 32621 6,55931 1,36194 3,91555 5,60860 17689 7.06002 3200 2,42664 2,747.12 3,34449 12,375 TI S 97,24576 093020(0 TexPool Sept Interest Trsfr 1E 3,915 55 f562:289 j M0l".1 W 169,31951' ,915 55) 79?Or 4137 • eL969A2 `4~ 0 Y 805'831 NOW This report reflects the actual interest deposited for investments maturing during the month and me TexPod interest earned at month end. Note BaL Shat by 02 • round&V difference It does not reflect the amount of interest accrued to the previous fiscal year for investments that were invested before 10101/1999. 4xtripare0 to actual trderest depoatted y