HomeMy WebLinkAbout2001-05-15-0900AM-Regular•
BRAZOS
BRYAN.
FILED FOR RECORD
COUN714ATE - Gl
AT 0 O'CLOCK M
TEXAS KAREN MCQUEEN
BRAZOS CA,UNTY CLERK
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
MAY 15, 2001 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS
COUNTY COURTHOUSE, 300 EAST 26THSTREET, SUITE 115, BRYAN, TEXAS.
1. Invocation - Commissioner Cauley
2. Pledge of Allegiance - Commissioner Cauley.
3. Call for citizen input and/or concern.
Consider and take action on agenda items 4 - 22:
•
•
4. Budget Amendment 00/01-28.
5. Personnel Changes of Status.
6. Payment of Claims.
7. Request for a salary adjustment for Court Secretary for the 2720d District Court.
8. Reserving the excess funds of the Flexible Spending Account to be used as a contingency
to fund further deficits should they arise.
9. Approval of procedures for Catalogue Co-operative Purchasing (QISV).
10. Bank Depository Contract with Wells Fargo Bank Texas for the District Clerk.
11. Extension of terms and conditions of the Brazos County Bank Depository Contract with
Wells Fargo Bank (Bid #97-021).
12. Award of RFP #2001-015, Biannual County Depository Contract.
13. Authorization to enter into contract negotiations with awarded bank of RFP #2001-015,
Biannual County Depository Contract.
14. Request by the Information Technology Department for authorization to purchase
equipment for the renumbering/reorganization of the County computer network.
15.. Acceptance of Warranty Deed from Steven C. Boyd on improvements to Straub Road
located in Precinct 1.
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Commissioners Court Mating Agenda
May 15, 2001
Page Two
16. Acceptance of Warranty Deed from Thomas J. Arhopulos and wife Mary Nell Arhopulos
on improvements to Straub Road located in Precinct 1.
17. Request by Road & Bridge Department to enter Ken Tharp, Jr.'s property located at the end
of Kuder Road for the purpose of obtaining water to be used for road improvements. Site
is located in Precinct 4.
18. Request by Road & Bridge Department to enter John Loggins' property located at the end
of Kuder Road for the purpose of allowing county equipment to turn around during road
construction. Site is located in Precinct 4.
19. Request from City of Wixon Valley for Brazos County to provide additional road
maintenance on Welch Road at an estimated cost of $A832.00. Site is located in Precinct
2.
20. Request from Wickson Creek Special Utility District to construct a road bore for waterline
installation in the right-of-way of Grassbur Road. Site is located in Precinct 3.
21. Request from Verizon to construct 3400 feet of parallel cable installation in the right-of-
way of Steephollow Road. Site is located in Precinct 3.
22. Approval of minutes from the following Commissioners Court meetings conducted in
2001:
a. Regular meetings conducted on January 2, January 9, January 16, January 23, January
30, February 6, February 13, February 20, February 27.
b. Workshop meetings conducted on January 16, February 13 and February 27.
c. Special meeting conducted on February 19.
d. Public Hearing conducted on February 20.
23. Announcement of interest items and possible future agenda topics.
24. Call for citizen input and/or concerns.
25. Convene into Executive Session pursuant to §551.072 of the Texas Government Code to
discuss acquisition of real property.
26. Consider and take action on Executive Session.
27. Adjourn.
4
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The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for
sign interpretive services must be made two business days before the meeting. To make
arrangements, call (979) 361-4102.
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A regular meeting of the Commissioners' Court of Brazos
• County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Tuesday, May 15, 2001, with the following members of
the Court present:
Alvin W. Jones, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1, Absent;
Wm.S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Cauley gave the invocation and led the
pledge of allegiance.
There was no citizen input/and or concerns.
The Court first considered Budget Amendment #00/01-28.1
• through 28.4, which would transfer funds to various
departments from Contingency, increase the Brazos County Grant
Fund, Challenge Grant Placement and reallocate funds for the
Auditor's Office and Certificates of Obligation. 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 Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
COMMISSIONERS' COURT
REGULAR MEETING
MAY 15, 2001
submitted by the County Treasurer for payment:
i 20018738 through 20018944 ,
Vol 023
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Commissioners' Court meeting May 15, 2001
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On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was a request for salary
adjustment for the court secretary for the 272"d District
Court. Commissioner Sims asked how else the supplemental
funds could be used. The response was that they were county
funds. On motion by Commissioner Sims, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the request for a salary adjustment for the court secretary.
The Court next considered reserving the excess funds of
the Flexible Spending Account to be used as a contingency to
fund further deficits should they arise. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to use to funds to fund deficits in the
Flexible Spending Account should they arise.
The next matter for the Court's consideration was the
approval of procedures for Catalogue Co-operative Purchasing
(QISV). This program allows for Automated Information Systems
(AIS) type products and services that are associated with
computers or telecommunication systems to be purchased
directly from General Services Commission approved QISVIs. On
motion by Commissioner Cauley, seconded by Commissioner Sims,
the Court voted unanimously to approve the procedures for
Catalogue Co-operative Purchasing (QISV). A copy of the
procedures is attached.
The next matter before the Court was approval of a Bank
Depository Contract with Wells Fargo Bank Texas for the
District Clerk. On motion by Commissioner Sims, seconded by
Commissioner Thornton, the Court voted unanimously to aprove
the Bank Depository Contract with Wells Fargo Bank Texas for
the District Clerk. A copy of the contract is attached.
Vol a 3 page ? g
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Commissioners' Court meeting May 15, 2001
3
The Court next considered an extension of terms and
•
conditions of the Brazos County Bank Depository Contract with
Wells Fargo Bank (Bid #97-021). This is for a ninety (90) day
extension to the current contract. On motion by Commissioner
Sims, seconded by Commissioner Cauley, the Court voted
unanimously to extend the terms and conditions for a ninety
(90) day period. A copy of the contract is attached.
The Court next considered awarding the following Request
for Proposal:
RFP No. 2001-015, Biannual County Depository Contract
Pat Howard, Purchasing Agent, recommended
acceptance of the RFP submitted by First
American Bank subject to achieving a
workable contract. On motion by
Commissioner Sims, seconded by
Commissioner Cauley, the Court voted
unanimously to accept the recommendation
of the Purchasing Agent and award the
contract to First American Bank with the
condition set forth by the Purchasing
Agent.
•
The Court next considered authorizing the Purchasing
Agent to enter into contract negotiations with the awarded
bank of RFP #2001-015, Biannual County Depository Contract.
On motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to authorize the
Purchasing Agent to enter into contract negotiations with
First American Bank.
The Court next considered a request by the Information
Technology Department for authorization to purchase equipment
for the renumbering/reorganization of the County computer
network. This hardware will provide the foundation required
for continued network functionality after the removal of the
IP address space. On motion by Commissioner Cauley, seconded
by Commissioner Sims, the Court voted unanimously to approve
the request by Information Technology Department to purchase
•
equipment for the renumbering/reorganization of the County
computer network.
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Commissioners' Court meeting May 15, 2001 4
The Court next considered acceptance of a Warranty Deed
for right-of-way on Straub Road in Precinct 1. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to authorize the County Judge to accept on
behalf of Brazos County a Warranty Deed from Steven C. Boyd
for the expansion and improvements to Straub Road.
The Court next considered acceptance of a Warranty Deed
for right-of-way on Straub Road in Precinct 1. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to authorize the County Judge to accept on
behalf of Brazos County a Warranty Deed from Thomas J.
Arhopulos and wife Mary Nell Arhopulos for the expansion and
improvements to Straub Road.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Ken Tharp, Jr. on
Ruder Road in Precinct 4 to obtain water to be used for
'improvements to Kuder Road and Pitts Road. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to authorize the work.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of John Loggins on
Ruder Road to allow county equipment to turn around during
road construction. On motion by Commissioner Cauley, seconded
by Commissioner Sims, the Court voted unanimously to authorize
the work.
The court next considered a request from the City of
Wixon Valley for Brazos County to provide additional road
maintenance on Welch Road at the estimated cost of $6,832.00.
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Commissioners' Court meeting May 15, 2001
5
The site is in Precinct 2. On motion by Commissioner
Thornton, seconded by Commissioner Sims, the Court voted
unanimously to approve the request from the City of Wixon
Valley.
The Court next considered the request from Wickson Creek
Special Utility District to construct a road bore for water
line installation in the right-of-way of Grassbur Road
approximately 300 feet from its intersection with Riley Road.
The site is located in Precinct 3. The County Engineer stated
that all appeared to be in order and recommended approval. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to approve the request from
Wickson Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto.
The Court next considered the request from Verizon to
construct 3,400 feet of parallel cable installation in the
•
right-of-way of Steephollow Road. Approximately 617 feet of
the 3,400 feet will need to be placed in the utility easement
of Risinger Estates and 547.5 feet will need to be placed in
the utility easement of Greenbranch Ridge Subdivision. Both
easements /subdivisions are located along Steephollow Road.
The site is located in Precinct 3. The County Engineer
reviewed the request and offered the following exceptions:
•
Recommend approval provided cable is placed in utility
easement along Risinger Estates for a distance of 617 feet
(along Steephollow Road) and utility easement along
Greenbranch Ridge Subdivision for a distance of 547.5 feet
(along Steephollow Road). On motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the request from Verizon and authorized the
installation. A copy of the request is attached hereto.
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Commissioners' Court meeting May 15, 2001
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The Court next considered approval of the minutes of the
Commissioners' Court meetings held.in January and February,
2001 on the following dates:
a) ReTular Meeting held January 2nd 9eh,
16 , 23`d and 30`h, February 6 h, 13`h, 20`h
and 27th
b) Workshop meetings held January 16`h,
February 13`h and 27`h
c) Special meeting held February 19`h
d) Public Hearing held February 20th
On motion by Commissioner Sims, seconded by Commissioner
Thornton, the Court voted unanimously to approve the minutes
as submitted.
Under announcement of interest items and possible future
agenda topics the County Judge made the following comments:
a) The budget schedule has been distributed
b) The redistricting meeting will be held at
1:00 p.m. at the Brazos Center. He will
include on the next Commissioners Court
agenda a request for Bickerstaff to
overlay the Justice of the Peace
Precincts over the Commissioners
Precincts. This will result in the re-
numbering of the Justice of the Peace
Precincts.
c) The Appraisal Board meeting will be held
on May 21, 2001 beginning at 9:00 a.m. to
discuss representation on the Board.
Currently the Board is comprised of five
(5) members. He feels that two (2)
representatives from each city and school
district plus one from the county would
be adequate. This increases the number
to seven (7) members.
d) He received a call from the Economic
Development Corporation on the Freeport
Tax Exemption. They will be coming to
Court for a vote on this issue.
e) He received an E-Mail today concerning SB
7 in reference to offering defense
council to defendants.
f) He received a memo from the Auditor in
reference to unclaimed money being
available to the county in the amount of
$123.00. This is from electrical
cooperatives.
Vol ` ' °13 Page 201
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Commissioners' Court meeting May 15, 2001
7
g) Emergency Management exercises are to be
held June 4`h from 5:00 p.m, to 9:00 p.m.
Randy Sims will over see it in the County
Judge's absence.
h) He has been asked to lend his support to
SB 896 for funding the State Lateral
Roads Fund. This bill proposes a new
formula for calculating funds to be
disbursed to the counties.
i) The monthly CUC luncheon will be
tomorrow. None from the-Court will be
able-to attend.
J) CSHB 119 deals with the Texas Tort Claim
Bill. If passed this would raise the cap
on claims filed. It will be considered
soon in the legislature. He has been
asked for his support to defeat this
bill.
k) He received a memo in reference to SB 534
which would put Brazos County in the 10th
Court of Appeals. This bill will
probably not pass.
There was no citizen input and/or concerns.
At 9:52 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in Closed
Executive Session to discuss the acquisition of real property
as allowed under Section 551.072 Texas Government Code.
At 10:03 a.m. the County Judge announced the meeting open
to the public and that no action would be taken on the closed
session.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court Workshop
held May 15, 2001, have been examined and approved in open
Court this the day of Joh, , 20,x,, in Bryan, Brazos
County, Texas.
Alvin W. Jone Tony Jon
County Judge Commissioner,
Precinct No.
m. S. ornton Randy 7N
Commissioner, Commis
Precinct No. 2 Precin 3
Ca ey Cau y, Jr. , Karen McQueen
Commissio r, County Clerk
Precinct
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BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY, TEXAS
BUDGETAMENDi\tENTS
No. 00/01-28.1
' S/IS/O1
HD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 160001 654500 Dr. Office Equipment Maint 100.00
01 160001 616200 Cr. Subscriptions & Publications 100 00
Auditors Department
To reallocate budget to allow the repairs for a calculator.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 00/01-28.2
5115/01
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
30
3141
727500
Dr.
Challenge Contract Placern
59,655.00
30
480490
Cr.
TJPC-Challenge Grant
59.655.00
Brazos Count%• Grant
Fund
To increase the Challenge Grant Placement to reflect 100% of the expenditures The county match
has been re
ported by the General fund within the Juvenile Services Division
01
913200
Dr.
Transfer to Grant f=und
59,655.00
01
310001
727500
Cr
Challenge Contract Placement
59,655.00
General Fund
To remove the expenditure line item from the Juvenile Services Division for the
counn• match portion of the Challenge Placement Grant and setup the transfer of this
match in the 'I r nsfer to Gram 1•unds
~LIU V V
fPrcp:irccl By:
mkw~ rAplwoved By:
[Dak
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BRAZOS COUN'
BUDGET AMEN
No. 00/01-
ci1 cm1
•
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FD
DIV
ACCT
PROJ
DR/CR
Al
01
100001
802030
Dr.
Compt
01
260010
651500
Dr
Compt
01
140001
651500
Dr.
Comps
01
110015
611300
Cr.
Contin
01
260010
655400
Dr.
Printer
01
280020
655400
Dr.
Printer
01
110015
611300
Cr.
Contin
Contingency
Computer R Printer R
eplacements/Maintenance
To reallocate budget to cover the unanticipated cost
replacement
s and maintenance.
ton
Pceparecl By • = `mkw Pp~o By:
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 00/01-28.4
5/15/01
FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease
49 6309 803800 Dr. Improvements Courthouse 50,000.00
49 6309 807100 Cr R.O.W. Acquisitions 50,000 00
Certificate of Obligations
To reallocate Budeet per attached reuuest.
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jPrepsired By: mks iApproved By:
,Date: /10/Ol; bate:Y _ (r
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01
PERSONNEL CHANGE OF STATUS
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page 1 of 1
COURT DATE:
May 15, 2001
DEPARTMENT:
Personnel
PURPOSE:
Approve Personnel Change of Status
//44//4444/t4/t//t////t/tt/t//44444444///////4////4/44/4//44///44444////t4/////////•
DEPARTMENT NAME
EMPLOYEE NAME
ACTION REQUESTED
4////4t///tt4t//tttttttttt///4/44/4/44444444//////tot////4//4/4/44/////////////////•
BUILDING MAINT.
DOBBINS, EDWIN
RETIRED
STUTTS, ERNEST
PROMOTION
THOMAS, KEITH
RESIGNATION
COUNTY AUDITOR
CLEMENT, GAYLE
SALARY INCREASE
DENG,FANG
SALARYINCREASE
MURPH, BEVERLY
SALARYINCREASE
L T.
GLEN, HAYES
EMPLOYMENT REINSTATEMENT
JUVENILE SERVICES
ORTA, WILLIAM P
RESIGNATION
VAHUEST, WAYLAND
NEW HIRE - P/I'
VICTIM SERVICES PROVIDER GONZALEZ. CHRISI7NA NEW HIRE - TEMPORARY
01
Approved in Commissioners' Court: May IS, 2001
County Judge's or Commissioner's Signature:
(M SPY to be mashed to minutia)
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01
PROCEDURES FOR PURCHASING
AUTOMATED INFORMATION SYSTEMS EQUIPMENT
THROUGH THE QISV CATALOGUE PROGRAM
BRAZOS COUNTY, TEXAS
May 15, 2001
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The Qualified Information Systems Vendor (QISV) Catalogue Purchasing
Program is governed by Texas Government Code, Title 10, Subtitle D, Section 2157,
and GSC Rule 1TAC 113.19. This program allows for Automated Information
Systems (AIS) type products and services that are associated with computers or
telecommunication systems to be purchased directly from General Services
Commission approved QISVs.
Automated Information Systems (AIS) type products and services that can be
included in QISV purchasing are:
HARDWARE
Computer
Mini/Main Frame/Micro
Peripherals
Networking Equipment
Installation
SOFT WARE
Computers
PC and Apple (Mac) Compatible
Mini/Main Frame
SERVICES (related to AIS)
Consulting (related to AIS)
Programming
Data Entry
Training
Other related services
TELECOMMUNICATIONS
Data Communications
Related Equipment
Systems
Installation
All purchases from these products. with the exception of those listed under
Telecommunications; must be approved by the Department of Information
Technology (M
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A local government that participates in the co-operative purchasing program
established under sections 271.082 and 271.083 of the Local Government Code
satisfies otherwise applicable competitive bidding requirements when it makes a
purchase through the catalogue purchasing procedures established by article 601 b,
• section 3.081, V.T.C.S. .
Local Government Code 271.081 defines "local government" to mean "a
county, municipality, special district, school district, junior college distract, or other
legally constituted political subdivision of the state."
Purchases Less than $500
Written requests approved by the Department Head should be sent to the IT
Department for review, approval and creation of the purchase order. The purchase
order is then forwarded to the initiating Department Head for approval and
signature, returned to the IT Department which obtains the signature of the County
judge and then places the order.
Purchases $500 or More but Less than $2000
Written requests approved by the Department Head should be sent to the IT
Department for review, approval and creation of the requisition, which is then
forwarded to the initiating Department Head for signature and then submitted to the
Purchasing Department.
Purchases $2000 or More but Less than 510,000
• Written requests approved by the Department Head should be sent to the IT
Department for review, approval and creation of the requisition, which is then
forwarded to the initiating Department Head for signature and then submitted to the,
Purchasing Department.
Purchases of 810,000 or More but Less than 525.000
Written requests approved by the Department Head should be sent to the IT
Department for review, approval and creation of the requisition, which is then
forwarded to the initiating Department Head for signature and then submitted to the _
Purchasing Department.
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Purchases Greater than 525M
The Purchasing Department must secure sealed, competitive written bids or
proposals in accordance with the Local Government code 262.023; use a state
cooperative purchase program; or secure bids in accordance with QISV guidelines.
The IT Department, Purchasing Department, and Purchasing Committee, if one has
been appointed, will evaluate the bids and submit the recommendations to
Commissioners Court for approval.
0% 1
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R;kN, K !)FI,OSIT0RY CONTRACT
THIS DEPOSI I'MY CONTRACTis made and entered into on the date last herein written by
and bemeen the DISTRICT CLERK OF BRAZOS COUNTY, TEXAS, herein at-ter called
"DEPOSI MR,.. and WELLS FARGO BANK TEXAS, N.A. ~ a state bank
organised under the la%%s of the United States and authori/cd by law to do banking business in
Bryan. I and now conducting such business in said ]roan. •I'exas, hereinafter called
• 1
DEPOSI MZ through action of its' C.'ommis:.ioners Court, herebN desicznates BANK as a
deposttot~ Ior the period beguuung June•,1,200ror a term of two years (herein the Initial Term)
with an opuon to rene%% for nnot'.cr two years, not to extend beyond May 31, 2005 on the same
tenns and condmons as set forth herein for the Initial 7'cmi 1 his contract is to cover all
accounts and funds held in the Registry of the District Clerk of Brazos County for the Courts of
Brazos Court\ b\ the DEPOSITOR and placed on deposit with BANK.
Durlne the term of this depository contract, the DEPOSITOR %vill, through appropriate action of
its Commissioners Court, designate the officer, or officers. who singly or jointly will be
authorized to represent and act on behalf of the DEPOSITOR in any and all matters of every
kind arisini-, under this Depository Contract and to (1) ex CLi; : 1: er to the BANK funds or
fund transfer agreements (and any addenda thereto), (2) appoint and designate, from time to time,
a person or persons who may request withdrawals, orders for payment or transfers on behalf of
top DEPOSITOR to accordance with the electronic funds or fund transfer agreement and
addenda and (3) make withdrawals or transfers by written instrument.
BANK's application for Depository Contract is incorporated and made part of this contract for
• all purposes: however. to the extent that any provision therein conflicts with any provision
herein, this Depository Contract will control.
IV
DEPOSITOR may arrange for time deposits, and BANK m lay accept and hold such deposits
subject to payment in accordance with the terms of the deposit. In the event funds for a time
deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the
principal amount of the time deposit and any accrued interest in the DEPOSITOR's account
from which funds were withdrawn to establish the time deposit. Interest shall be calculated at
the prevailing rates established from time to time by BANK for similar deposits. Time deposit
maturities will not extend beyond the termination of this Agreement without the expressed
consent of the BANK.
SBd'%j_ _73
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,,.1 f;.::u, ccpo'it v.rH BANK' i.i tHc credit of VEPOSITOR -hall he secur._d by colIJtcra! as
Frox idcd fc r in the Plihhc Fund Collateral Act. Texas Government Code. e: hapter 2257. 'llic
toi.il of the market value of the collateral (plus accrued interest or income to the c\tent it is not
included in such market value obtained is provided herein) secunm_ such deposit,: \%111 he in an
aniount at lea'; equal to the 11-nnunt of Such deposits increased b% the amount of' any accrued
interest an,i reduced to the c\tent that such deposits are insured by an agenc\ or instrument:+ht%
of the i wicd _o\cmmcnt "I he market value with respect to in\ securities (collates!) a"
o n priced on such date %%ill he obtained from a primar, dea!cr BANK nit:-,t rccei%c
nonfic,wo- ,,t nc%k del,o,jt, prix: to 10 30 A t\1 on the day depo;lt, are :rcni.ill% recci%cd
l%\enty-tour t241 hours notice is necessary on deposits totaling in exce,,s of SI.000.000 durin,!
an% h,rnkii~g hu,in ss d,i\ In no event tihall the amount of DEPOSITOR funds on deposit %%itli
BANK pursuan! toy this depository contract exceed one million dollars without prior %vritten
consent of BANK
Hox%eyer. failure to gne such notice does not excuse the BANK from properly' securing these
deposits in accord,:nce "5th dll'; a2rccment and the Public Fund Collateral Act \k,thin one (I)
business c,•:, o the deposit
The Commis<rrinc!s Court and•or its designated representative has the authority to reject any
collateral offered h% BANK which is not deemed to be allowed under the Public Fund Collateral
Act or which is decried to be of high security risk.
VI
i~
BANK has heretofore or will immediately hereafter deliver to the Federal Reserve Bank of
Dallas. •fexas (Hereinafter "CUSTODIAN"), collateral of the kind and character above
ii mentioned of sufficient amount and market value to provide adequate collateral for the funds of
DEPOSITOR deposited %tiith BANK Said collateral or substitute collateral, as herein provided
for, will be kept and retuned by CUSTODIAN in trust so long as the depository relationship
between DEPOSITOR and BANK shall exist Hereunder, and thereafter so Ions, as deposits made
by DEPO 1•i OR v, ith BANK hereunder, or an), portion thereof. s,:all have not been properly
paid out b% BANK to DEPOSITOR or on its order. The agreement of !tic parties to place the
collateral %%ith the CUSTODIAN is attached hereto as Exhibit "D" and made a part hereof for all
purposes
V1i
Should BANK fail at any tittle to pay and satisfy, when due, any check, draft, or voucher
lawfully dra%%-n against any deposit and the interest on such deposits, or in case BANK becomes
insolvent or in any manner breaches its contract with DEPOSITOR, DEPOSITOR shall give
w itten notice of such failure, insolvency or breach to BANK, and BANK shall have three (3)
business days to cure such failure, insolvency or breach. In the event that BANK shall fail to
cure such failure, insolvency or breach within three (3) business days, the parties hereto authorize
the CUSTODIAN to surrender to the Commissioners Court in and for the DEPOSITOR the
collateral being field by the CUSTODIAN upon receipt of a certificate whereby the
DEPOSITOR, through its authorized representative, certifies that BANK has failed to perform
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1TI (continued)
ll.,dei comraci. has oiher~%ise breached this contract o, h.is become insolvent
'I he 13 INK a~,rees and hereby instructs the CUSTODIAN that a copy of thi•, agreement attached
to the cetuficate(s) shall serve as the BANK's consent and approxal foi the CUSTODIAN to sell
and/or con%crt the collateral to the use of tiic DEPOSITOR The BANK aurees and is hound to
pro%ide an) other approvals or consents the C USTOD1:1N may require in order to release the
collateral lo► DEPOSITOWs use The parries fin•ther aurec that the DEPOSITOR may seek an
order of declaration or order of a court of lax\ ful jurisdiction in the event that the BANK does not
conipl\ with this proxision or in the e\cni the CUSTODIAN refuses to surrender the collateral
it, the Connussnoners Court. \%ith all costs and attorneys lees incurred by DEPOSITOR to he
relnibursed thereof. pa\ DEPOSITOR all damages and losses sustained by it, together with all
expenses of am and every kind incurred by it oil account of such failure or insolvency. or sale.
.tccounumz to BANK for the remainder. if am. of said proceeds or collateral remaimm! unsold
1'111
AT1% sale of %uch collateral. or any part thereof: made by DEPOSITOR or the CUSTODIAN, as
;!,,propnatc. hercunder may be either at public or private sale; provided. it shall give both the
DEPOSITOR if the sale is made by the CUSTODIAN, and BANK ten (10) days notice of the
nine and place where such sale shall take place, and such sale shall be to the highest bidder
therefor for cash. BANK shall not have the ri,,ht to bid at such sale
1 7-~
I\
If BANK shall desire to sell or other%vise dispose of any one er more of said securities pledged as
collateral and deposited %%ith the CUSTODIAN, it may substitute for any one or more of such
securities other securities of the same or Greater market value and of tite character authorized
herein and by the Public Funds Collateral Act Such right of substitution shall remain in full
force and ma) be exercised by BANK as often as it may desire, provided, however, that the
a~~Lregate market value of all collateral pledged hereunder, sha!I be at least equal to the amount
of collateral required hereunder and by the Public Funds Collateral Act and other applicable law.
11' at vty time the aggregate market value of such collateral so deposited %%ith CUSTODIAN be
less than the total sum of the DEPOSiTOR's funds on deposit with said BANK, BANK shall
immediately deposit with CUSTODIAN such additional collateral as may be necessary to cause
the market value of such collateral to equal the total amount of required collateral. BANK shall
he entitled to income on securities held by CUSTODIAN, unless there is insufficient collateral
on deposit with the CUSTODIAN to cover the public funds as required by law at the time the
request is made. Approval of the DEPOSITOR will be required in all circumstances and if the
collateral deficiency is not cured and the DEPOSITOR's consent is not given (in writing), the
R inconic becomes collateral for public funds to the extent of the collateral deficiency.
The consent of the DEPOSITOR must be obtained for a security to be released as collateral.
Before a security is released from collateral that is to be replaced, the BANK must present to the
F DEPOSITOR rite replacement collateral that is being offered, and the DEPOSITOR must
accept such replacement.
3 Q .
X
f If at any time the collateral in the hands of the CUSTODIAN shall have a market value in exces,,
I of the sum of balances due DI:POSIToR by'
y BANK. the 11ETOSITOR may authorize the
withdrawal of a specified amount of collateral by the BANK based on a written request from the
BANK to the Commissioners Court BANK shall have the right at any time and from time to
time to substitute new collateral for collateral being held by TRUSTEE.. provided that BANK
provides evidence reasonabl} satisfactory to the TRUS"1 EE that sufficient collateral will remam
alter such substitution to saw.1% the requirements of this depositorv comae' and tile PL11111L
Funds Collaicral Act
XI
Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the
expiration date by providing ad%anced written notice to the other party of its election to do so.
and this agreement shall be void from and after the expiration of ninety (90) days after the receipt
of such notice, provided all provisions of this agreement have been fulfilled
X11
Ninety (90) days prior to the expiration date of the Initial Term, either party wishing to exercise
its option to renew the contract tM an additional two (2) year terns ((he Option Period), must
deliver written notice exercising such option to the non-exercising party as referred in Article
XVI herein.
XIII
When the relationship of DEPOSITOR and BANK shall have ceased to exist between
DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of
DEPOSITOR, it sliall be the duty of the District Clerk to issue a certificate to that effect to the
BANK, the County Treasurer, and the Commissioners Court, and, if all obligations under this
agreement and applicable law have been fulfilled, Commissioners Court will issue written
authorisation to the CUSTODIAN to (Viver all collateral being held in the possession of the
CUSTODIAN to the BANK.
XIV
1
This contract is subject to, and incorporates, the current laws governing the relationships between
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counties, depositories and custodians/trustces and related entities as established by the Texas
` Local Government Code and the Texas Government Code and anv amendments or revisions
thereto. BANK warrants and represents that it shall comply with all applicable laws, piles and
regulations which govem or apply to BANK in connection with this contract. BANK further
warrants that in the event that it is aware of arty violation by BANK of applicable laws, rules and
regulations, it will bring the event to the attention of the CUSTODIAN and the DEPOSITOR
immediately and in writing within three (3) business days.
4
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The BANK %%ill provide the Disuict Clerk the gioss interest rate factor on a dail} hasis if the
I rust Cash Management Account is used All instructions for %vithdrawals will be in writing
tiom the District Clerk or his agent, as set out in paragiaph If. and verified verbally by the
13•kNK Thi< agrecincnt is entered into and is performable in BRYAN, BRAZOS COUNTY,
TEXAS, and the %enue of anv legal actions or proceedings arising out of or related to this
contract. or out of an% disputes between the parties concerning the subject matter of this contract
or an,;mQt out of the violation or application of ^nv la%% governing the subject matter of this
-_reement , including but not limited to the Public Fund; Collateral Act, Texas Government
Code. Chapier 22571 is placed by agreement of' the parties in BRYAN, BRAZOS COUNTY,
'I E\AS.
KVI
All notices, demands; or other writings may be delivered by any party hereto to the other, by
United States Mail or other reliable courier at the followirre addresses:
DEPOSITOR: District Clerk
Brazos County Teas
300 East 26th Street, Suite 216
Bryan, Texas 77803
WI.1•II COI'll ES TO: County Judge
Brazos County, Texas
300 East 26th Street, Suite 114
Bryan, Texas 77803
is
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BANK: Ronald E. Hale
Vice Charirman
Wells Fargo Bank Texas, N.A.- B/CS
3000 Briarcrest Drive
Bryan, Texas 77802
Fhe eddiess to %khich any notice, demand, or other writing may be delivered to any party as
above provided may be changed by written notice given by such party to the other two parties as
above provided.
'\V11
BANK represents that the collateral pledged to DEPOSITOR is not other wise assigned,
pledged or encumbered and that no lien, or security interests exist other than the security interest
held by the DE.POSITOR pursuant to this agreement. Possession of the collateral by the
CUSTODIAN is intended as perfection of DEPOSITOR's security interest therein. BANK
warrants that the collateral (in the form and amount required by law) is held by CUSTODIAN
for the benefit of DEPOSITOR and as security for DEPOSITOR's funds.
5 99 I
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XVII (continued)
Tile Commissioners Court shall deliver to BANK \%ithin five (5) %korkin~_ drt%s from the date of
' execution of this agreement, a list of those individuals authorized to act on behalf of the District
Clerk in regard to the matters stated herein.
The BANK shall deliver to the Commissioners Court on the date of execution hereof a Certified
I Corporate Resolution of its' Board of Directors approving this contract and the execution thereof
The BANK s11311 deliver to Commissioners Court on the date of execution hereof, an executed
Collateral Agreement as set forth on Exhibit "D". The BANK shall deliver to C ommt5stoners
Court on the date of execution hereof a Certified Corporate Resolution of its' Board of Directors
tndtcatinu the aL thorny of an individual(s) to pledge collateral on behalf of the BANK
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EXECUTED this 3oth day ofApril. 2001 by the undersigned duly authorized
officers of the parties hereto.
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WELLS FARCO BANK TEXAS, N.A.- B/CS BRAZOS COUNTY. TEXAS
By: By. .
A Jones, raz County Judge
l Name' MERVIN D. PETERS _ Date: May 15, 2001
Title: Community Banking President 7
Date: aril 30. 2001
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E-NECUTED this 30th day of April , 2001 by the undersigned duly
authorized officers of the parties hereto.
FOR Wells Faro Bank Texas. N.A. BANK:
Mervin Peters -DATE: April 30. 2001
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•
(Signature; (Title)
FOR BRAZOS COUNTY:
Alvin W.• Jones DATE: May 15, 2001
(Name)
County Judge
(Signature) (Title)
THE STATE OF TEXAS a
COUNTY OF BRAZOS §
t BEFORE ME, on this day personally appeared Mervin D. Peters
Y Community Banking Presiden of Wells Fargo BANK,
kno%%m to me the person whose name is subscribed to the forgoing instrument, and
acknowledged to me that he/she executed the same as the act and deed of the
Wells Fargo BANK a corporation, for the purpose and consideration
therein expressed and in the capacity therein stated.
• GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 30th of
April , 2001.
Notary Public, State of Texas
Printed Name: -lit ROWE
Notary Pubtk. ate of Twas
Commission Expires: Nh CommlSSion Exp
o!
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BEF-OR,E ME, on this day personally appeared J-. ,
Z' ~ .2~ of BRAZOS COUNTY, TEXAS
knowly' to me the person whose name is subscribed to the forgoing instrument, and
acknowledged to me that he executed the same as the act and deed of the BRAZOS
COUNTY, TEXAS, for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the of
Notary, P blic Sta of Texas
BEATRIZ D GREEN
Printed Name:
L•XPIRCS
N41 June 11. 2M
Commission Expires:
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: May 15.2001
ITEM: Request permission to enter Ken Tharo Jr's propeiy looted at the dead end of
Kuder Road for the pu=se of obtaining water to be used for improvements to Kuder
Road and Pitts Road Signed permission form is attached. Site is located in Precinct 4.
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SOURCE OF FUNDS: NIA
REQUIREMENT(S):
RECOMMENDATION:
A
SUBMITTED BY:
Richard F. Vance. P.E.
County Engineer
0001-036
APPROVED BY:
re~' au.C4 11 j I 'j -
Commission r Carey Caule
Precinct 4
Approved R Denied O by Commissioners' Court
Date: 5 W. 14r.0 Ant
- tv C
Alvin . Jones, Cou Judge
IF~ /b3 a
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
I
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MAn W Jones
cowdy Judps
Tony Jones
OF 9
c0"1ff4skxW Pbl i
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Maim S TNOmion
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armor Srro
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Commssionr Pd •
Date W v
1. LAND OWNER AND ADDRESS 41 a1At6-7SL;z
3 /o Joy t -77 37 41S -.SqL 1 ZL~
ti,~-Z~y-
II. LOCATION OF WORK Qtagt' 9,-/ &
III. DESCRIPTION OF WORK TO BE DONE ~ 54t &,K-l;
IV. MAINTENANCE YES % NO Z
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
(Owner will
e ified prior to maintenance)
Richard F. Vance, P.E. meet ide/Foreman/Rigbt-oi;-W ent
County Engineer
Owner's Signature: DATE
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: May 15 2001
ITEM: Request permission to enter John Loagins' property located at the dead end of
Kuder
construction Signed oermissio^forin is attached Site is located in Precinct 4.
SOURCE OF FUNDS: N/A-
-REQUIREMENT(S):
RECOMMENDATION:
SUBMITTED BY:
144~-~~
Richard F. Vance, P.E.
County Engineer
0001-038
APPROVED BY:
An.
Commission Carey Cauley •
Precinct 4
Approved Csf'/ Denied D by Commissioners' Court
Date: S___ r-C21
Alvin W. Jones, Coupfy Ju ge
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BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
Wn w.Nnai
count Judea
Tony Jonas OF e
co ftmasimw Pd I J
WZakn S. Thombn
Co m asimw Pd 2 U
andy Sims
Com rssimw Pd 3 rot fApGf Oft`
Cam couley
Cmm•ssiorm Pd 4
Date S' -7'
1 e~5-S S.
LAND OWNER AND ADDRESS e7 Xn
LOCATION OF WORK
III. DESCRIPTION OF WORK TO BE DONE
IV. MAINTENANCE YES _ NOAf'
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE
(Owner will
e !!d prior to maintenance)
Richard F. Vance, P.E. Engineer Aide/Foreman/Right of Way Agent
County Engineer
Owner's Signature: z /=za~ DATE -2 O
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: May 15. 2001
ITEM: Request from Wickson Creek Special Utility District to construct a road bore for
water in installation r
Its intersection with Riley Road Site is located in Precinct 3.
SOURCE OF FUNDS: N/A
i. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) All installations shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
` C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
D) Duch line shall be compacted to 90% standard density ASTM-Test Method No. D-698. test
shall be conducted by an independent Geotechnical testing firm, copies of all test results shall
be furnished to the office of the Brazos County Engineer
E) Construction shall be in strict conformance to the latest TTpxas Manual of Uniform Traffic
Control Devices for Streets and Highways, published by the Texas Department of Transportation.
and all other State and Federal laws governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES:
Y-
SUBMITTED BY: 4Preci3
Richard F. Vance, P.E. Randy Sims
County Engineer 0001-037
5 1 Denied O by Commissioners' Court
Approved
Date: 3 - !s'-d t
4 -
cr:
Alvin 174. Jones, C ty Judge
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given that (applicantWinkGQn Creek S.U.D,proposes to
place a (type)water 1 ineVA"Ne right-of-way of (road) Grassbur Rd.
In Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must by notified 72 hours prior to the beginning of
construction in order that ho or his dosignated Inspector may inspect the
actual installation.
Z That all damage to the roadways and rights-of-way will be repaired to
their original condition to the satisfaction of the County Engineer.
3. That Brazos County reserves the tight to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same become
necE:;sary due to widening or lowering, or other alteration of the
roadway or right-of-way.
4. „ That Brazos County will In no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. That the line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. That the line or lines will be constructed no less than twenty-four inches (241
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at feast two feet (2') below the center of the roadway.
7. That all sites will be barricaded during the construction period.
Construction of this line will begin on or after the 8t~day of May 2001
Firm: Wi cson Creek S.U.D.
By: -1
Title: General Manager
Address: P. O. Box 4756
,
Southern Oaks Babtist Church Bryan. TX 77805
Phone: 409-589-3030
APPROVED BY COMMISSIONERS'
COURT ON: A/e c. r 3 05 - 0 SI - 0 /
Date O K A 6 rTF D
Alvin W. Jones, Coun Judge
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THE FOLLOWING
DOCUMENT
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
4 DEPARTMENT Road and Bridge NUMBER 560010
e DATE OF COURT MEETING: May 15. 2001
ITEM: Request from Verizon to construct 3400 ft of parallel cable installation in the
right of way of Steephollow Road. Approximately 617 ft of the 3400 ft will need to be
glaced the utility easement of Risinger Estates and 547.5 ft will need to be placed in the
utility easement of Greenbranch Ridge Subdivision, Both easements/subdivisions are
located along Steephollow Road. See Exceptions and Recommendations. Site is
located in Precinct 3.
f SOURCE OF FUNDS: N/A
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope
2) All installation(s) shall be constructed In designated utility easements, if applicable. If no
utility easement exists, the Installation(s) shall be 1) within 3.5' of and parallel to the right-
of-way line and/or 2) In the case of a road bore, perpendicular to the right-of-way line.
3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc from county right-of-way
4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No D-698, test
shall be conducted by an independent Geotechrncal testing firm, copies of all test results shall be
furnished to the office of the Brazos County Engineer
5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highway . published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction
EXCEPTIONS AND RECOMMENDATIONS:
Recommend approval provided cable Is placed in utility easement along Risinger
Estates for a distance of 617 ft (along Steephollow Road), and utility easement
along Greenbranch Ridge Subdivision for a distance of 547.5 ft (along Steephollow
Road).
SUB I ED BY: APPR ED
i i Richard F. Vance, P.E. Corn I oner Randy Sims
County Engineer Prec~ Ct 3
0001-039
Approved O / Denied ❑ by Commissioners' Court
Date:
• ~1
Alvin "W. Jones, my Judge
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STOPI00 NOT ATTEMPT THE JOBI CALL YOUR SUPERVISOR DIEDIATEL
GT SII AREA STATE: TX
CIVISION: TEXAS AREA EXCH.:541) REM. CO.: 000
W.C.: 7768 WO NO.: 3PWID ONTROL NUMBER:
TIILE:GREEN BRANCH RIDGE PHS I I A X DST.: 45001
TWP: RNG.: SEC.: SAL: 4.80
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CANNOT COMPLETE THE JOB SAFELY?
STOPIOO NOT ATTEMPT THE JOBI CALL TOR SUPERVISOR IMEOIATEL
NOTE AREA- OBSERVE ALL SAFETY RULES. BEWARE OF GAS PIPELINES. GTE 511 AREA STATE: TX
DIVISICN. TEXAS AREA EXCH.: 5413 REM. CD.- 000
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fITIE.GREEN BRANCH RIDGE OHS I TAX DST.: 15001
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SAFETY RULES.
EXISTING TELEPHONE CABLES AND BURIED
3 FEET IN R.O.W. IF EXISTING UTILITIES
RO HAS A 70 FT. R.O.W.
THRU EXISTING CONDUIT UNDER RISINGER
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® WARNING
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24 HOURS PER DAY 7 DAYS PER WEEK
BEFORE STARTING ANY WORK, ASK YOURSELF THESE OUESTIONS,
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7. 00 I HAVE A METHOD OF PROCEDURE? ~K TS
B. DO I KNOW WHO TO CALL IN CASE OF AN OUTAGE?
% AM ICONFIDENT ICAN PERFORM THE WORK CORRECTLY AND SAFELY?
IF YOU ANSWERED NO TO ANY OF THESE OUESTIONS.OR FEEL THAT YOU
CANNOT COMPLETE THE JOB SAFELY?
STOP 00 NOT ATTEMPT THE JOBI CALL YOUR SUPERVISOR IMMEOIATELYI
GIE SII AREA STATE: TX
DIVISION, TEXAS AREA ExC1+.:5413 RFM. CO.: 000
UTILITIES. W,C,Y7760 uU NQ,- ON T RO( NUMBER:
ALLOW. TITI E_f_AEE04 BRANCH R106E ! I TAX UST,: 45ee1
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THIS
PAGE
LEFT
BLANK
i INTENTIONALLY
} VOL A PAGE 16
1
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