Loading...
HomeMy WebLinkAbout2002-05-21-0900AM-RegularFILED BRAZOS COUNTY BRYAN. TEXAS ZOR MAY I b P 37 4 b ca'IEDLCOUNTY ~ K -'A' aRA20S CownI Y. SRYA4i.~E' AS BY: DEPUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON • TUESDAY, MAY 21, 2002 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - C oner Cauley. 2. Call for citizen input and/or concerns. (vJ Consider and take action on agenda items 3 -16: 3. Budget Amendment 01/02-25. 4. Payment of Claims. 5. Personnel Changes of Status. 6. Establishing speed limits for Capstone Drive, a road located in Precinct 1. • 7. Request by Constable, Precinct 2, to add two non-paid reserve deputies. 8. Authorizing the payment of indigent health care invoices incurred during the previous fiscal year. 9. Application by county employee for Qualified Military Service Credit. 10. Application to the Indigent Defense Grant program. 11. Request by Constable, Precinct 4, to retain non-exempt license plates on one county vehicle. 1C. 0 Commissioners Court Meeting Agenda May 21, 2002 Page Two 12. Renewal of the Hardware Support Agreement with Hewlett Packard for the line printers at the Treasurer's Office and the Information Technology rO2 arItment. 13. Authorizing the Purchasing Department to advertise for # 052 - Direct Recording Electronic System, Optical Scan Voting System and Electronic Management for Brazos County. 14. Blanket Purchase Orders. 15. Acceptance of Warranty Deed from Paul R. Atkinson and Cynthia J. Atkinson for improvements to Elmo Weedon Road located in Precinct 2. 16. Acceptance of Temporary Easement from Warren Edward Wall and wife, Jennifer Henderson Wall, for improvements to Elmo Weedon Road located in Precinct 2. 17. Discussion of Pentamation's presentation of changes to the County's financial software program. 18. Announcement of interest items and possible future agenda topics. 19. Call for citizen input and/or concerns. 20. Convene into Executive Session pursuant to §551.071 of the Texas Government Code to discuss privileged matters with legal counsel regarding acquisition of real estate. 21. Consider and take action on Executive Session. 22. 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. COMMISSIONERS' COURT REGULAR MEETING MAY 21, 2002 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 21, 2002, with the following members of the Court present: • Alvin W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Wm.S. Thornton, Commissioner of Precinct 2; C. B. Jones, 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 C. B. Jones gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns The Court next considered Budget Amendment #01/02-25.1 through 25.3, which would transfer funds to Road & Bridge from • Contingency, and reallocate funds for Constable, Precinct 4 and Constable, Precinct 2. On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. Vol Page 9 Commissioners' Court meeting May 21, 2002 2 The Court next considered the following Claims as submitted by the County Treasurer for payment: 20030748 through 20031022 On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was the establishment of speed limits for Capstone Drive in Precinct 1. Commissioner Tony Jones moved to set the speed limits at 50 miles per hour. Commissioner C. B. Jones seconded the motion. Commissioners Tony Jones and C. B. Jones voted "Aye". Commissioners Thornton, Cauley and the County Judge voted "No". The motion failed. After lengthy discussion which included comments by Louis Shrank, Debra Watson and the County Engineer Commissioner Thornton moved to set the speed limit at 45 miles per hour. The County Judge seconded the motion. Commissioners Tony Jones, Thornton, Cauley and the County Judge voted "Aye". Commissioner C. B. Jones voted "No". The motion carried. Vol 3.~- Page II~Z. • Commissioners' Court meeting May 21, 2002 3 The Court next considered a request from Constable Precinct 2, Duane Peters, to appoint Ivan Messer and Bobbie Gail Jeffries as unpaid Reserve Deputy Constables. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Constable Peters to appoint Ivan Messer and Bobbie Gail Jeffries as unpaid Reserve Deputy Constables subject to appointment being • within the allotted number of deputies. The next matter for consideration was the authorization for payment of indigent health care invoices incurred during the previous fiscal year. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to authorize the payment of $82.34 to the Texas Avenue Medical Clinic. The next matter for consideration was an application made by William K. McKoy, for military service credit with the Texas County & District Retirement System. On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the • Court voted unanimously to approve the application of William K. McKoy for military service credit and forward the application to the Texas County and District Retirement System. Vol 3 - Page / ,;-3 0 ~1\ Commissioners' Court meeting May 21, 2002 4 On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to adopt a resolution authorizing the County Judge to make application to the Indigent Defense Grant Program, for grant funds to implement the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county and to authorize the County Judge to accept such grant funds should they be tendered. The Court next considered a request by Constable, Precinct 4, to retain non-exempt license plates on one county vehicle. Commissioner Cauley moved to approve the request. Commissioner Tony Jones seconded the motion. Commissioner Cauley vote "Aye". Commissioners Tony Jones, Thornton and the County Judge voted "No". Commissioner C. B. Jones abstained. The motion failed. The Court next considered renewal of the Hardware Support Agreement with Hewlett Packard for the line printers at the Treasure's office and Information Technology Department. The cost to Brazos County will be $1,649.83 from June 26, 2002 until September 30, 2002. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to enter into agreement with Hewlett Packard and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. Vol 20- Page / u Commissioners' Court meeting May 21, 2002 • 5 The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2002-052, Direct Recording Electronic (DRE) Voting System, Optical Scan (OPSCAN)Voting System and Electronic Management System (EMS) for Brazos County. On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bid with the stipulation that the term Bid be changed to Request for Proposals. The Court proceeded to consider the following blanket Purchase Orders: Ray Criswell Jail $1,000 Team Systems Jail $ 900 Lilly Dairy jail $2,800 Butterkrust Breads Jail $1,600 Gazier Jail $1,000 Cain's Coffee Jail $ 600 Ben E. Keith Jail $1,250 Performance Jail $8,000 Sysco Food Systems Jail $6,200 Alliant Foods Jail $6,200 Scarmardo Produce Jail $2,150 On motion by Commissioner Cauley, seconded by Commissioner • Tony Jones, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered acceptance of a warranty Deed for right-of-way on Elmo Weedon Road in Precinct 2. On motion by Commissioner Thornton, seconded by Commissioner Tony Jones, the Court voted unanimously to authorize the County Judge to Vol 3_'' Page I J5,- Commissioners' Court meeting May 21, 2002 6 accept on behalf of Brazos County a Warranty Deed from Paul C. Atkinson and Cynthia J. Atkinson for the expansion and improvements to Elmo Weedon Road. The Court next considered acceptance of a temporary easement while the bridge on Elmo Weedon Road in Precinct 2 is replaced. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a temporary easement from Warren Edward Wall and wife Jennifer Henderson wall for the expansion and improvements to Elmo Weedon Road. The Court next engaged in a discussion of Pentamation's presentation of changes to the County's financial software program. The County Auditor reported that the current financial system will soon no longer be supported and that there would be a presentation on June 6"n in Fort Worth on the new software. Under announcement of interest items and possible future agenda topics the following comments were made: a) He needs to speak with Jim Mann, Sheriff's Office, Chief Deputy in reference to a letter he received. b) He received a letter that he needs to forward to Richard Vance, County Engineer concerning the tower construction. Vol 3 2, Page I,-;?- • Commissioners' Court meeting May 21, 2002 7 There was no citizen input and/or concerns. At 9:49 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 estate as allowed under Section 551.071 Texas Government Code. . At 10:05 a.m. the County Judge announced the meeting open to the public and that no action would be taken on the Closed Session. The County Judge then asked the Director of Emergency Management, Demerle Giordano what the drought index was currently. She replied that as of May 16th it was at 483 and that she expected the number to be higher when the new figures were released. She then asked the County Judge to consider a burn ban and fireworks ban at the next Commissioners Court meeting. The County Judge said the Court would consider a burn ban at the next meeting, but would like to wait until closer to the 4th of July to issue a ban on fireworks. Commissioner C. B. Jones informed those in attendance • that the Precinct 3 Volunteer Fire Station was being dedicated on Saturday. There being no further business to come before the Court, the meeting was adjourned. Vol ~ Page 0 The foregoing minutes of the Commissioners Court meeting held May 21. 2002 have been examined and are approved in open Court this the ~~day of 2002 in Bryan, Brazos County, Texas. Alvin Jones County Judge A-m S. Thornton Commissioner, Precinct 2 To Jone Commiss' ner, Precinct 1 C. B. Jo #s Commissioner, Precinct 3 Carey Ca ley, Jr. a en McQueen Commiss' ner, Precin t 4 County Clerk 8 Vol a` Page `'?-8 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ~lar 200 d~- AT 92vn A„n • • NAME ORGANIZATION/DEPARTMENT `I l~~ S . C) . '-11rx k7 1-r lly' LL- v MP ►2N i ~ I c C~ cn"Y1 `6r 7 - G ~ J BRAZOS COUNTY COMMISSIONERS COURT MEETING ON -21 200 a9 AT 9'eO *91 NAME ORCTANIZATION/DEPA RTMF.NT PC4 ~Nwkt, S - PC ~ • BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2001-2002 BUDGET YEAR NO. 01/02-25.1 through 25.3 On this the 21st day of May 2002 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; C. B. Jones, Commissioner, Precinct 3; Carey Cauley, Jr., Commissioner, Precinct 4; Karen McQueen, County Clerk. • The following proceedings were held: THAT WHEREAS, on May 21, 2002 the Court heard and approved a budget amendment for the 2001-2002 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 4, 2001 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 21st day of May 2002. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. • By: Alvin W. Jones, County Judge Original: County clerk's office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes n U BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 25.1 5/21/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 560010 806715 Dr. Printer Replacement $ 6,860.00 01 110015 611300 Cr. Contingency 6,860.00 Road and Bridge Administration To transfer funds for the replacement of an I P 650c Wide-format plotter as approved b Commissioners Court 5/14/02. 101, 1" "1 • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 25.2 5/21/2002 • FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 304011 672860 Dr. Equipment - Other S 300.00 01 304011 653200 Cr. Equipment Maintenance 300.00 Constable Precinct 4 To reclassi funds to properly iden tify the urchase of 3 Radars urchased from the Texas De artment o f Public Safety. `ggT.3.'~ n3.c~.'-r,.}-.. yi a. .;~e ':•..i~ tiI~^ ^ 49 r yr6µ; ate:<' •y V 01f 133 n ~J BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 25.3 5/21/2002 BD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 302011 6789001 1 Dr. Vehicle Equipment $ 1 00.00 01 302011 6595001 1 Cr. Vehicle Maintenance 1,200.00 Constable Precinct 2 To reclassify funds to allow for replacement vehicle equipment. • PERSONNEL CHANGE OF STATUS page 1 of 1 • • COURT DATE: May 21, 2002 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED BRAZOS CENTER DANIEL, JAMES W. RIDGEWAY, ALBERT G. - - - - - - ROAD AND BRIDGE ADAMS, WILLIAM M. DAWSON, BARON K. LEON, MIGUEL ROSIER, ROBERT SHERIFF'S OFFICE/JAIL JOHNSON, WILLARD B. WILLIAMS, BRADLEY A. NEW HIRE/TEMPORARY DISCHARGED - - - - - NEW HME/TEMPORARY NEW HIRE/TEMPORARY DECLINED POSITION NEW H1RE/TEMPORARY NEW HIRE/PART-TIME REGULAR NEW HIRE/PART-TIME REGULAR JUVENILE SERVICES TORRES, ARMANDO NEW HIRE/PART-TIME REGULAR Approved in Commissioners' Court: May 21.2002 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) PgA / - 3- • E 584 County of THE STATE OF TEXAS BRAZOS TEXAS COUNTY PRU?Ma R SERVICES DEPUTATION 1, E. DUANE PETERS, CONSTABLE of the County of BRAZOS and State of Texas, having full confidence in Z b~1f \ R&A M 2fSC.r of said County and State, do hereby, with the consent of the Honorable Commissioners' Court of BRAZ05 County, nominate and appoint HIM , the said 1,-\t-ojn 1ZCuA Psaex- my true and lawful deputy, in my name, place and stead, to do and perform any and all acts and things pertaining to the office of said RESERVE DEPUTY CONSTABLE PRECINCT 2 of said County and State, hereby ratifying and confirming any and all such acts and things lawfully done in the premises by virture hereof. WITNESS my hand, this 10 day of 20 cz, Of rd--- -y_ Jr County, Texas THE STATE OF TEXAS County of BRAZOS in and for BEFORE M E, ~o l l u IKo~~SKt~ BRAZOS County, Texas, on this day personally appeared E. DUANE PETERS ` known to me to be the person whose name is subscribed to the foregoing deputation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. this _ day of i. ~✓t Rgu4 lyleSSe-r do solemnly swear (or affirm) that I will faithfully execute the duties of the office ofRESERVF DEPUTY CONSTAfiT.F. PRECINCT 2 of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States and of this State; and I Aurherrnore solemnly swear (or affirm) that I have not, directly nor indirectly, paid, offered or promised to pay, contributed nor promised to contribute, any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment, or the confirmation thereof. So help me God. Substxibed and sworn to before me, this day of ZD GIVEN under my hand and seal of office at BRYAN, TX ORDER AUTHORIZING APPOINTMENT OF DEPUTY In Commissioners' Court of AR A Z0q County, Texas. Upon application duly presented, it is ordered by the Court that E. DUANE PETERS Of -BRAZOS County, Texas, be and he is hereby authorized to appoint and deputize `Ltlt~N lkl cL A Ae~e&rr- as Deputy CONSTABLE said office. Said appointment to date fiom the day of AZW and to continue in effect until revoked by said officer or be otherwise terminated; and the compensation to be paid said deputy is hereby fixed it the`sum of ' T Dollars, per annum, payable solely from the Pees of said office. Entered day of Recorded in Minute Book Page • a z 0 a A AN k~ C: E 360 County of THE STATE OF TEXAS BRAZOS DEPUTATION 7WLU OOU?= PPR?Mo & Mv= 1, E. DUANE PETERS. CONSTABLE of the County of BRAZOS and State of Texas, having full confidence In C6V%f_ (=a\t lut1rieS of said County and State, do hereby, with the consort of the Honorable Commissioners' Court of BRAZOS County, nominate and appoint ' l . the said ebb e. GAi l Se ries my true and lawful deputy, in my name, place and stead, to do and perform any and all acts and things pertaining to the office of said RESERVE DEPUTY CONSTABLE PRECINCT 2 of said County and State, hereby ratifying and confirming any and all such acts and things lawfully done in the premises by virture hereof. WITNESS my hand, this day of Zptz?~. of - tlu 4 sa County, Texas THE STATE OF TEXAS County of BRAZOS BEFORE ME, 13011 LA KO-De%&A 1j -A in and for BRAZOS County, Texas, on this day personally appeared E. DUANE PETERS known to me to be the person whose name is subscribed to the foregoing deputation, and acknowledged to me that he executed the same for GIVEN under my hand and seal of office at this day of BRYAN. TX 1, _ Uobb le- Gar l _-I~-CQrz do solemnly swear (or affirm) that I will faithfully execute the duties of the office of RESERVE DEPUTY CONSTARt.F. PRECINCT 2 of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States and of this State; and I furthermore solemnly swear (or affirm) that I have not, directly nor indirectly, paid, offered or promised to pay, contributed nor promised to contribute, any money or valuable thing, or promised any public office or employment, as a reward to secure my appoinmaent, or the confirmation thereof. So help me God. Subscribed and sworn to before me, this day of yo 3 the purposes and consideration therein expressed. • u C7 ORDER AUTHORIZING APPOINTMENT OF DEPUTY In Commissioners, Court of ` • • RR A 9.0 R County, Texas. Upon application duly presented, it is ordered by the Court that E. DUANE PETERS Of BRAZOS County, Texas. be and he is hereby authorized to appoint and deputize ILIC ►I'P Gad StX~!C!t=S as Deputy CONSTABLE said office. Said appointment to date from the day of J-CUIL m ID_ =and to continue in effect until revoked by said officer or be otherwise terminated; and the compensation to be paid said deputy is hereby fixed at the sum Of r Dollars, per annum, payable solely from the fees of said office. Entered day of Recorded in Minute Book Page t i 0 ~o w A I ~ F 0g4 o o , w ~ s ~a 0 T TCDRS Qualified Military Service n~ l Application (Use when military service was preformed prior to county/di ~9AY 1ZOa2 P t or Member Information Member's First Name Middle initial last Name William K. McKov Social Security Number 464-70-4191 Mailing Address 26th St - Suite 325 300 E County/District Employer Name . . Brazos County city State Zip Code Daytime Phone Number Bryan TX 77803 (979) 361-4300 Eligibility: • County/district employer must have authuriz"J qualified military service credit. • Member must have earned 10 years (8 years if authorized) of total TCDRS service credit. • Military service was performed prior to county/district employment. • Military service must have been performed in the uniformed services and can be voluntary/Involuntary. • Member cannot have received credit for the same service under TCDRS or any other Texas public retirement system. • Member cannot be receiving nor be eligible to receive federal retirement based on 20 or more years of active federal military duty or its equivalent. • Deposits are not allowed and the maximum service credit that can be awarded is 5 years. Instructions: • Member should complete the 'Member Information" section above and sign the form • Authorized county/district representative should review official military documents and complete the "Employer Certification" section below. • Submittal of a DD214 to verify service periods and type of duty (active or reserve) is required. • For active duty, you will receive a month of service credit for each calendar month of duty regardless of the number of days worked in that month. • For reserve duty, you will receive one month of service credit for each year or fraction of a year of reserve time. • Active and reserve duty should be differentiated on the application in the service period section. • The military duty service periods provided in the section below should be consistent with the 'Total Number of Months." If there are any discrepancies, military service will be credited using the service provided on the DD214. I certify that I was on military duty for the period(s) listed below and that I am eligible for this service credit. I understand that my account will be credited with the appropriate number of months for my military service performed. Membees Signature /~s fo~~^certl(y that read the above lion) I ~Date I X / / jamd Emp(oybr Certification Type of Military First MonthNear of Military Last MonthlYear of Military Total Number of Months Service Service Service (Active or Reserve Active Duty 4/64 9/64 6 a r 20 TX Adjutant G 16- n Dept 2/67 11/68 22 . - . j u1' ,.j j I certify that the periods of military service and total months of service listed above are correct. I further certify that I have reviewed the appropriate military documents and that to the best of my knowledge the member qualifies for "Qualified Military Service Credit" under Section 843.601(c) of the TCDRS governing statute. X G".:_-0017 7f~ ` 1 Any corrections or whiteouts must be initiated. TCDRS • PO Box 2034 Austin. TX 78768-2034 • (512) 328-8889 or 800-823-7782 • Fax: (512) 328-8887 • www tcdrs.org O ,•-3 '3~ ,aid / c/o • INDIGENT DEFENSE GRANT PROGRAM (IDGP) Application Form • • APPLICATION FOR THE GRANT PERIOD: , OCTOBER 1 2002 TO MARCH 31, 2002 tea a cei e b~'°a5 G only~~'. 1. NAME OF COUNTY: BRAZOS 2. State payee identification number: # 120 3. Division or unit within the county to administer the grant Grant Officials JUDICIAL 6.ProeremDirector Alvin Jones 4. Official county mailing address. Title: Count Judge 300 East 26th Street Address: 300 East 26th Street Bryan, Texas 77803 Bryan, Texas 77803 5. Person who can answer specific questions about this application: Telephone' 979-361-4104 Contact: John Reynolds Fax' 979-823-6993 Title: Count Auditor E-mail' sandy@eo.brazos.tx.us Address: 300 East 26th Street 7. Financial Officer John Reynolds STE - 314 Title Count Auditor, Bryan, Texas 77803 Address- 300 East 26th Street Telephone: 979-361-4354 STE - 314 Fax: 979-361-4347 Bryan, Texas 77803 E-mail: auditor@eo.brazos.tx.us Telephone: 979-361-4354 Fax: 979-361-4347 E-mail. auditor@co.brazos.tx.us To the best of my knowledge, all information in this application is true and correct. The application has been duly authorized by the governing body of the grantee county and county agrees to comply with all Task Force rules, including the attached assurances, if awarded. Signature of Authorized Official: Date: ✓ _ Z f J Printed Name: ALVIN ONES Title: COUNTY JUDGE tip u /1-, INDIGENT DEFENSE GRANTS PROGRAM CERTIFICATION The undersigned have reviewed the current indigent defense plan(s), pursuant to Texas Government Code Section 71, covering adult and juvenile defendants in the district and county court of BRAZOS County. We hereby certify that the plan(s) comply with each of the following requirements of the Fair Defense Act, Texas Government Code Section 71.0351. The plan(s) specify that each accused person will be brought before a magistrate within 48 hours of arrest for proceedings under Article 15.17 of the Code of Criminal Procedure. The plan(s) specify that when an eligible defendant submits the required documents for the appointment of counsel, the request and documents required will be transmitted to the appointing authority within 24 hours of the request. The plan(s) specify that the appointing authority will appoint counsel for eligible defendants within one working day of receiving the request (counties with population of 250,000 and above) or within three working days of receiving the request (counties with population under 250,000).* 0 The applicant county also acknowledges compliance with all relevant state statutes, regulations, policies, guidelines, and requirements including the Title 1, Chapter 173, of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS), as they relate to the application, acceptance and use of funds for this program. [Attach any amended interim indigent defense plan as necessary) We propose to use the grant to pay for the following improvements in this county's indigent defense services: The County intends to establish a full time magistrate position and to eventually create a criminal magistrate o s rv all fiv emir s in the County. Certified and Approved: BRAZOS Indigent Defense Grant Program Applicant's County Program Title ALVIN JONES, COUNTY JUDGE 21-t, Printed Name and Title of Authorized Official Signs f Aut orize a Date * This requirement does not necessarily need to apply to defendants who are released on bond prior to appointment of counsel so long as the plan appoints counsel at least by the first court appearance or the initiation of adversarial judicial proceedings, whichever occurs first. 3- io '0 • Indigent Defense Grant Program Grant Expenditure Report Please refer to grant reporting definitions. U C1 EXPENDITURE CATEGORY BASELINE YEAR EXPENDITURE REPORTING PERIOD' (SELECT ONE) Litigation Expenditures: 10/1/00- 9130101 10/1101- 3/31/02 1/1/02- 3/31102 Attorney Fees $ 854,383 N/A $ 212,014 Other Litigation Expenditures (i.e. investigation, expert witnesses, other litigation expenditures). 157,203 38,225 - Total Litigation Expenditures 1,011,586 250,239 Administrativelindirect Expenditures: Personnel - N/A - Travel and Training E ui ment2 - Other Direct Expenditures Indirect Expenditures Total Administrative/Indirect Expenditures - Public Defender Overhead - N/A - Grand Total $ 1,011,58 $ -250 239 Some counties began implementation efforts prior to January 1, 2002. A county may include expenditures, and encumbrances, for implementing the indigent defense system for either the period of October 1, 2001 to March 31, 2002 or the period of January 1, 2002 to March 31, 2002. The amounts reported will be annualized for comparison to the baseline year expenditures. 2 Include list of equipment purchased, including the description and cost for each item. Note: Please complete the Funding Worksheet after you have completed the Grant Expenditure Report to make a preliminary determination concerning your county's eligibility for Fair Defense Act grant funds. C7 BRAZOS COUNTY _ #120 Funding Worksheet Indigent Defense Grant Program Complete this worksheet after you have completed the Grant Expenditure Report to make a prellminarydetermination concerning your county's eligibility for Fair Defense Act grant funds. EXPENDITURE REPORTING PERIOD 10/1/01 - 3/31102 1/1/01 - 3/31/02 f-month period) 3-month period_ EXPENDITURE REPORTING PERIOD (a) Grand Total is - $ 250, 239 If reporting 6-month period, multiply by 2 (b) Ilf reporting 3-month period, multiply b 4 x 2 x 4 956 (c) Annualized Expenditures a ' b $ - 1$1,000, BASELINE YEAR (d) Grand Total - $1,011,586 (e) DIFFERENCE c - (d) 1 $ - Is 10 63 If the amount on line (e) is a negative number, you may still be eligible for grant funds. To assist in making this determination, please explain any circumstances that would have caused your expenditures for indigent defense to decrease during the grant reporting period. Also, please note any unusual items which may be reflected in your Baseline Year (i.e. SB 7 expenditures prior to October 1a, extraordinary items In base period, etc...). You may also detail expenditures made as a direct result of implementing the Fair Defense Act. THIS BOX SHOULD BE COMPLETED REGARDLESS OF WHETHER (e) IS POSITIVE OR NEGATIVE SINCE FUTURE GRANTS MAY USE THE BASELINE AMOUNT I EXPLANATION: Base line period included $126,055 of capital murder expenses, and the 3 month period ended March 31, 2002 included $20,094 of capital murder appeal xl~enses. INSTRUCTIONS FOR COMPLETING FORM: This form should be completed using amounts recorded on the Grant Expenditure Report Enter the Grand Total amount from the last line of the EXPENDITURE REPORTING PERIOD column. You should only (a) have amounts entered In one column or the other, not both. (b) No entry required. (c) Multiply the amount on line (a) by 2 or 4, as shown, to calculate expenditures on an annualized basis. (d) Enter the Grand Total amount from the last line of the BASELINE YEAR column. (e) Subtract the BASELINE YEAR amount (d) from the EXPENDITURE REPORTING PERIOD amount. C BRAZOS COUNTY BRYAN. TEXAS RESOLUTION INDIGENT DEFENSE GRANT PROGRAM WHEREAS, under the provisions of the Fair Defense Act, 77d` Regular Session, counties are eligible to receive financial assistance from the Task Force on Indigent Defense to • provide indigent defense services in the county; and WHEREAS, this grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS, Brazos County Commissioners Court has agreed that in the event of loss or misuse of the funds, Brazos County Commissioners assures that the funds will be returned in full to the Task Force on Indigent Defense. NOW, THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as the Authorized Official to execute the grant application for the Indigent Defense Expense Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOLVED that the County Judge is designated as the Program Director and Contact Person for this grant and the County Auditor is designated as the Financial Officer for this grant. Adopted this 21-` day of May, 2002. Alvin . Jones, Coun udge Attest: Cou y Clerk 0 Task Force on Indigent Defense Application Package for Indigent Defense Grants Program Pursuant to Texas Government Code Section 71, the Texas Legislature has delegated authority to the Task Force on Indigent Defense (TFID) to direct the Comptroller of Public Accounts to distribute funds, including grants, to counties for indigent defense services and to monitor counties to ensure compliance with the conditions of the grant. The purpose of these grants is to provide indigent defense systems in Texas. General Information ■ Total Grant Appropriation - FY 2002: $7,239,400 ■ Grant Period - FY 2002: October 1, 2001 to March 31, 2002 Funding - Funds will be distributed in one disbursement for this fiscal year. ■ Funding Amounts - Determined by a formula based on $5,000 base with remainder based on population (2000 Census). ■ Application deadline - Completed applications must be received at the Task Force or postmarked by May 31, 2002. Submit applications to: Task Force on Indigent Defense c/o Texas Judicial Council P.O. Box 12066 Austin, Texas 78711-2066 Application Process There are a variety of steps in the grant application process. This application kit is designed to guide the applicant through the process. If, at any time, you wish to speak to a TFID staff member, you may do so by calling at (512) 463-1625. STEPS IN APPLYING FOR A GRANT ]Determine Eligibility - See Pages 1-2 Complete the Grant Application Form-See pages 34 Slen the Certification -See pages S Complete the Grant Expenditure Report and F undino Worksbeet Pages -See pages 6 -9 Submit the County Commissioners Resolution -See page 10 ` 1 / q-(,o • • Indigent Defense Grants Program Eligibility and Reporting Eligibility Requirements In general, applicants are eligible for grant funding for Fiscal Year 2002 if they comply with all of the statements in the following checklist: ® Only counties are eligible to apply for grant funds. ❑ The County Commissioners' Court must issue a resolution that authorizes the grant request and takes responsibility for the appropriate expenditure of the funds. (See sample resolution, page 12). ❑ Funds are to be used to pay for the increased cost of providing indigent defense for the county and the cost of implementing and reporting under the Fair Defense Act. ❑ A county may not reduce the amount of funds expended for indigent defense services in the county because of funds provided by this grant. Any grant awarded under this program must be administered in accordance with rules for the Fair Defense Act (FDA) in Chapter 173 of the Texas Administrative Code and the general grant rules found in the Uniform Grant Management Standards. Reporting Requirements ❑ Counties must report expenditures on or before May 31, 2002. ❑ The official designated as Program Director by the grantee county is responsible for the reporting requirements of the grant. • ❑ The grantee may not report funds expended before October 1, 2001 or after March 31, 2002. If using the period beginning January 1, 2002 and ending March 31, 2002, the grantee may not report funds expended before January 1, 2002 or after March 31, 2002. 0 Detailed Guide to the Grant Application Form Box I-Name of County Name of the county applying for the grant. Box 2--State Payee ID# All entities that receive funds from the state have been issued a state payee identification number. If unknown, first check with the chief financial officer for your county. If still unknown, use your employer identification number as assigned by the Internal Revenue Service. Box 3-Division or Unit Identify the division or unit within the county to administer the grant. Box 4-- OMcial Mailing Address General mailing address of the county. Box 5 - Contact Person Choose a person who is responsible to coordinate with the Task Force or its staff as the contact person and enter that person's name, title, address, telephone number, fax number, and e-mail address, if available. This will be the person Task Force staff members will contact with questions about the application. Box 6-Program Director Name, title, address, telephone number, fax number, and e-mail address (if available) for the program director. The program director should be the official or employee of the county that will be responsible for program operation or monitoring and who will serve as the point-of- contact regarding the program's day-to-day operations. Box 7 - Financial Officer The county auditor or county treasurer, if the county does not have an auditor. Include the name, title, phone number, and fax number for the county financial officer. OUX .~~3a 141 • Grant Program Reporting Definitions Expenditures: Includes amounts expended and encumbered or otherwise legally obligated during the reporting period. Baseline Year: Expenditures for the period of October 1, 2000 to September 30, 2001 will establish costs incurred to provide indigent defense services in the county during the period identified as a baseline period. The amounts reported for the period will be compared to the (annualized) amounts reported for the Expenditure Reporting Period to determine excess costs associated with the implementation of the Fair Defense Act. Expenditure Reporting Period: A county may select either the period of October 1, 2001 to March 31, 2002 or January 1, 2002 to March 31, 2002 as the reporting period. Include all expenditures incurred by the county to provide indigent defense services for the selected period. Funding Worksheet: The purpose of the funding worksheet is to make a preliminary • determination regarding the county's eligibility for grant funds. It also provides the county the opportunity to explain any reduction of indigent defense expenditures from the baseline year. Litigation Expenditures: Attorney Fees: Reasonable attorney's fees for time spent in accordance with an adopted schedule of fees. The county's adopted schedule of fees may be a set hourly rate for separate types of services on which an attorney spends time and/or a flat rate for types of service. It is assumed that the billing rate includes an allocation for the attorney's or firm's overhead such as utilities and rent. No non-labor items such as car rental or hotel expense are shown in this account. Other Litigation Expenditures: Includes expenditures for: Investigation - Costs expended for research and investigation of the crime or evidence, such as investigators' costs, lab fees, medical exams, and psychological/psychiatric examination. Expert Witnesses - Costs expended for payment to expert witnesses used in a case, such as travel. Other Litigation Expenditures - Expenses not included in the previous categories, such as interpreter services and transcription services. • Amounts paid for indigent defense support services must be approved by the judge presiding over proceedings. Legal fees must be approved by the judge presiding over proceedings and paid in accordance with a schedule of fees adopted by formal action of the judges of the county courts, statutory courts, and district courts trying criminal and juvenile cases in the county. ADMINISTRATIVE/INDIRECT EXPENSES: Personnel: Salaries and wages, including fringe benefits. Fringe benefits include, but are not limited to, the costs of leave, employee insurance, retirement, and unemployment benefits. Travel and Training: Travel costs include transportation, meals and lodging and related, incidental costs. This category may include travel for contracted personnel. Grant funds used for travel expenses must be expended in accordance with state travel guidelines. Training (for county employees only) includes registration fees or tuition if the course taken directly relates to 2 C the administration of the county's indigent defense program. Equipment: Tangible, non-expendable personal property with a useful life of more than one year and an acquisition cost of $1,000 or more per unit, and any other item, regardless of cost, that the county chooses to capitalize in its own accounting records. Equipment must be used in direct support of the investigation and defense of crimes allegedly committed by indigent defendants or in meeting the requirements of the Fair Defense Act. Applicants must submit with their grant applications a list of all proposed equipment purchases for approval. The Task Force or its designees may refuse any request for equipment. Decisions regarding equipment will be made based on whether the grantee has demonstrated that the requested equipment is necessary and reasonable in cost. The Task Force will not approve grant funds for general agency use of vehicles or other equipment. Other Direct Expenditures: Costs directly related to the operation of the county's indigent defense program that are not included in other expenditure category. These costs may include office rent, utilities, office supplies, shared usage costs of office equipment, vehicle operating expenses, paper, printing, postage, and educational resource materials. This category may also include development costs for software and software upgrades to comply with the requirements of the Fair Defense Act. Any professional or contractual service must be in direct support of the investigation and defense of an eligible offense or in meeting the requirements of the Fair Defense Act. Any contract or agreement entered into by a grantee that obligates grant funds must be in writing and consistent with Texas contract law. Indirect Expenditures: Costs incurred for a common or joint purpose benefiting more than one cost objective and not readily assignable to the cost objectives specifically benefited. Examples would include financial services, human resources and other functions that support multiple county programs. The Task Force may approve indirect costs in an amount not to exceed ten percent of the approved direct costs in the grant award, unless the grantee has an approved cost- allocation plan. If the applicant has a cost-allocation plan, the applicant should indicate the indirect cost rate in the allocation plan as part of the application. The Task Force may request documentation to verify approval of the grantee's indirect cost rate and may reject any approved cost-allocation plan it believes is excessive. Public Defender Overhead: Indirect expenditures allocated to the public defender's office. This section is not applicable if the county does not have a public defender's office. • TASK FORCE ON INDIGENT DEFENSE Statement of Grant Award Grant Number: 212-02-021 Grantee Name: Brazos County Program Title: Indigent Defense Services Grant Period: 10/01/2001-9/30/2002 Grant Award Amount: $49,926 The Task Force on Indigent Defense (TFID) has awarded the above-referenced grant. This Statement of Grant Award must be signed by the authorized official named on the grant application and returned to TFID by August 23, 2002. The grantee will not receive any grant • funds until this notice is executed and returned to TFID. The authorized official for this grant program must read the following and indicate agreement by signing this Statement of Grant Award below: • The authorized official for the grantee accepts the grant award. • The authorized official, financial officer, and program director, referred to below as grantee officials, agree to the terms of the grant, including the rules and documents adopted by reference in Task Force on Indigent Defense's emergency rules in Title 1, Part 8, Chapter 173, Texas Administrative Code. • It is understood that a violation of any term of the grant may result in TFID placing a temporary hold on grant funds, permanently deobligating all or part of the grant funds, requiring reimbursement for funds already spent, or barring the.-organization from receiving future grants. • The grantee officials understand that they must satisfy all special conditions place on this grant before receiving any funds. • Sign` ure Au ed Official Alvin W. Jones, County Judge Name & Title 300 East 26th Street, Suite 114 Official Grantee Mailing Address Bryan, Texas 77803 - City/Zip Code 979/361-4102 979/823-6993 Telephone Number Fax Number TEXAS TASK FORCE ON MIGENT DEFENSE 205 WEST 14TH STREET, SUITE 600 • TOM C. CLARK BUILDING P. O. Box 12066 • AUSTIN, T5XAs 78711-2066 WW W.COURTS.sTATE.,rx.US/TFID/ Facsimile Transmission Cover Page To: Hon. Alvin Jones Fax Number: 979-823-6993 Brazos County Telephone: 979-361-4104 From: Bryan Wilson Fax Number: 512-475-3450 Grant Administrator Telephone: 512-936-6996 Pages including cover. 2 Message: Please sign and return the attached Statement of Giant Award immediately. The Comptroller of Public Accounts will be notified to release funds to your account shortly after we receive your fax of the Statement of Grant Award signed by the authorized official. If available. please write your Vender Identification Number (VIN) assigned to your county by the Comptroller of Public Accounts on the top right-hand corner of your returned Statement of Grant Award. Attachments: Statement of Grant Award • 6 . CP] SIGNATURE AUTHORIZATION METHOD (SAM) The Signature Authorization Method (SAM) may be used to order Hewlett-Packard Company (HP) Support Services ONLY IF PURCHASE ORDER IS NOT REQUIRED TO AUTHORIZE SERVICE DELIVERY AND REMIT PAYMENT. (1) Customer Information Company Name Equipment Location Address BRAZOS COUNTY 202 E 27th St Ste 102 Bryan TX 77803-3980 (2) Contract Information System Handle: BRAZOS800 Document Number: 40007034 Coverage Period: 06/26/2002 - 09/30/2002 [ ] This contract is accepted with no revisions. [ ] Are you requesting REVISIONS9 Contact Your Support Agreement Specialist. A proposal will be re-issued to reflect your changes and associated pricing, if any. A new SAM form will be provided for your authorization. [ ] Check here if your authorization is open-ended. * * The terms within the asterisks apply only to open-ended Support Agreements. • 'This Support Agreement is for the period stated on HP's proposal It will be extended without modification by consecutive terms of 12 months unless one of the parties gives written notice in accordance with the underlying business terms prior to the end of the respective 12 months. If modifications of the Support Agreement are necessary, HP will notify Customer in writing 60 days before the modifications are effective Customer may terminate this Support Agreement within 30 days from receipt of notice. If Customer does not exercise this right of termination, this Support Agreement will be continued to the end of the current term with the modifications, and extended by consecutive 12-month terms. Re-pricing will occur automatically without further authorization.*** (3) Tax Information [ ] Taxable [ ] Tax Exempt Exemption # (Attach copy of certificate) (4) Payment Method Do not enclose Payment. Please select one of the following: Please bill me: [ ] Annually [ ] Quarterly (total annual amount must exceed $500) [ j Semi-Annually [ ] Monthly (total annual amount must exceed $500) (5) Service Authorization and Terms and Conditions Customer's signature on this form constitutes authorization for HP to invoice Customer for the referenced support identifier Services are subject to HP Terms and Conditions of Sale and Service, Exhibit E16, and HP System Support, Exhibit SS5. Cancellation requires 30 days written notice. Payment is due 30 days from HP's invoice date. -t> Y • Authohzed Signature Date Invoice-To Address (if different from Equipment Location) hLwr) 1J. 3'ears CoaarY Taabraa Printed Name Title E-mail Address Phone/Fax (6) Completed form should be returned to: Hewlett-Packard Company Charles Matt Harkins 8000 Foothills Blvd MS 5536 1-800-386-1115 X56034 ROSEVILLE, CA 95747-5536 1-800-386-1116 (FAX) 42 C7 Support Quote Overview 1423 1....1 Support Agreement ID: 313567359 Special Terms and Conditions No: S Customer Address: Hewlett-Packard Address: BRAZOS COUNTY HEWLETT-PACKARD COMPANY 202 E 27TH ST 8000 Foothills Blvd MS 5536 BRYAN TX 77803-3914 ROSEVILLE CA 95747-5536 Customer Contact: HP Contact: ERNIELANEY Charles Matt Harkins Tel. (979) 361-4409 Tel: 1-800-386-1115 X56034 Fax Fax: 1-800.386-1116 The quoted prices are valid for 90 days from: 0 312 712 0 0 2 For more Information on the format of thb document visit www.hp.com/go/hpedoes Subject to Hewlett-Packard Company (HP) Terms and Conditions of Sales and Service Exhibit E16 and HP System Support Exhibit SS5. H5351 A Hardware Support Provides labor parts and materials required to keep hardware products in operating condmon. Refer to options for response time and service delivery detail. BRAZOS800 H5351A 06/26-2002 09/3012002 BRAZOS800 Total Excluding Taxes Summary of Charges Hardware Support Total Excluding Taxes Total excludes all taxes, however, taxes will be added at the time of invoicing at the current tax rate. Total price includes all discount and adjustments if applicable. Refer to the detail document for state & local tax The Prices shown will be invoiced yearly in advance. 1,649.83 1,649.83 1,649.83 1,649.83 1/1100\ • / o Support Services Quote [p] • Special Terms and Conditions No: S Your PO Reference: CCRN Number: 0300201320 Equipment Address: Brazos County Data Processing Dept 202 E 27th St Ste 102 Bryan TX 77803-3980 System Handle: BP_4WS800 HP Reference Number 40007034 Software Update Address: BRAZOSCOUNTY 202 E 27TH ST BRYAN TX 77803-3980 Hardware Contact: Software Contact: TOM GOLSON TOM GOLSON Tel: (979) 361-4468 Tel- (979) 361-4468 Fax Fax' The quoted prices are valid for 90 days from: 03/27/2002 Coverage from: 06/26/2002 to: 09/30/2002 Support Services H5351A HW Support 4 hr. On-site Response, 240 Hardware Support 2566C 1200 LPM Line Impact Printer. 3308YO0646 Please note HP can no longer support this Item from: 09130/2002 2563C 48dbA LPM Line Impact Printer 3241YO9082 Please note HP can no longer support this item from: 0913012002 Total Monthly Price for BRAZOS800 Summary of Charges Hardware Support Hardware Support Tax TX TOTAL INCLUDING TAX Taxes have been added at current rate, however, tax rates will be those in effect at the time of invoicing. Total price includes all discounts and adjustments. will be invoiced vearly in ~3 1 362.00 1 159 00 521.00 521 00 0.00 521.00 0 Support Agreement ID: 0300201320 Breakdown of charges for period: From: 06/26/2002 to: 09/30/2002 The Prices shown will be invoiced yearly in advance. Price in USD. 1 • Brazos County Department of Information Technology 202 East 27a` Street, Suite 102, Bryan, Texas 77803 Voice: 979.361.4310 Fax: 979.361.4408 Memorandum TO: Commissioner's Court FROM: Ernie Laney, Interim Director DATE: May 15, 2002 • SUBJECT: Agenda Item for May 21St Please consider this request to renew the following hardware support agreement with Hewlett Packard from June 26, 2002 until September 30, 2002. The agreement covers the line printers at the Treasurer's Office and IT Department. Support Agreement No. 313567359 $1649.83 57 0 TEMPORARY EASEMENT Date: May 15,' 2002 Grantor: WARREN EDWARD WALL and wife, JENNIFER HENDERSON WALL Grantor's Mailing Address: 202 Fireside Circle College Station, Brazos County, Texas 77840 Grantee: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 E. 26's Street, Suite 114 Bryan, Brazos County, Texas 77803 Easement Property: All that certain lot, tract or parcel of land being 0.263 of one acre situated in the PERFECTO DIAZ SURVEY, Abstract No. 105, Brazos County, Texas and being a part of that certain Called 317.85 acre tract as described in deed from Wells Fargo Bank, Trustee to Warren Edward Wall and Jennifer Henderson Wall of record in Volume 3881, Page 150, Official Records of Brazos County, Texas, said 0.263 of one acre tract being more particularly described by metes and bounds in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof for all purposes. Easement Purpose: For providing free and uninterrupted pedestrian and vehicular ingress to and egress over, upon and across the Easement Property as an alternative public roadway while the bridge on Elmo Weedon Road, located adjacent to said Easement Property, is replaced. Consideration: The sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor Grant of Easement: Grantor, for the Consideration, grants, gives, and conveys to Grantee and Grantee's successors, and assigns an easement over, on, and across the Easement Property for the Easement Purpose, together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement"), to have and to hold the Easement to 02-1299 Temporary_Eorement.doe Page! of4 j~ • Grantee and Grantee's successors, and assigns for the Duration of the Easement (defined below). Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement in Grantee and Grantee's successors, and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part thereof, to the extent that such claim arises by, through, or under Grantor but not otherwise. Terms and Conditions: The following terms and conditions apply to the Easement granted by this Agreement: 1. Duration of Easement. The duration of the Easement is that period of time required by Grantee to replace the bridge on Elmo Weedon Road, but in no event more than fifteen (15) months from the date of this Easement. Grantee shall cause to be recorded in the Official Records of Brazos County, Texas, at the completion of its work, a Release and Termination of this Temporary Construction Easement • 2. Improvement and Maintenance of Easement Property. Construction of Improvements necessary for use of the Easement as a temporary public roadway (herein "Road Improvements") and maintenance thereof will be at the sole expense of Grantee. Grantee must maintain the Easement Property in a neat and clean condition. All matters concerning the configuration, construction, installation, maintenance, replacement, and removal of the Road Improvements are at Grantee's sole discretion, subject to Grantee's obligation to restore, as near as reasonably possible, the Easement Property to its condition prior to the construction of the Road Improvements. Grantee has the right to remove, relocate or construct temporary fences, which shall be made of metal T-posts on 10 foot centers with 4 strands of 10 '/s gage wire, within the Easement Property or along or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the Road Improvements. Grantee shall install a new fence in replacement of that portion of the existing fence moved during construction, a gate and water gap of the type described in Exhibit "C" attached hereto and made a part hereof for all purposes, at the location of the current fence upon the completion of the work and expiration of the Easement. 3. Binding Effect. This agreement binds and inures to the benefit of the parties and • their respective heirs, successors, and permitted assigns. 4. Choice of Law. This agreement will be construed under the laws of the state of Texas. Venue is in Brazos County, Texas. 5. Waiver of Default. It is not a waiver of or consent to default if the non-defaulting party fails to declare immediately a default or delays in taking any action. 6. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts 01-1799 Temporary_Easement doc 1 A Page 2 of 4 necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 7. Indemnity. Grantee agrees to and does hereby indemnify, defend, and hold harmless the Grantor from any loss, attorney's fees, expenses, or claims arising out of the use of this Easement by the Grantee and the public during the term of this Easement. 8. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. GRANTOR Warren Edward Wa (2'W'W~ lvazt'~" Je fer Hen rson Wall AGREED TO AND ACCEPTED BY GRANTEE: BRAZOS COUNTY, TEXAS ATTEST c:)" (-Z By: aren McQueen, County Clerk Alvin W. Jones, County udge 02-1299 Temporary Easement doe / Page 3 ojt • STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on this the 1%1_ day of May, 2002, by Warren Edward Wall and wife, Jennifer Henderson Wall. LAURA S. DILLON Notary Mft Sto of Tws My Colmn"M F.I W OCTOOM 6. 2= Q0 , a c,c Q~ Notary Public, State of Texas STATE OF TEXAS COUNTY OF BRAZOS ,jA day of May, 2002, by Alvin This instrument was acknowledged before me on this the .2 W. Jones, County Judge of Brazos County, Texas, on behalf of said County. BEATRIZ D. GREEN MY COMMISSION EXPIRES o ary bl' , fate of Te s June 11. 2DD2 u 02-1299 Temporary_Easemcntdoc Page 4 of4 0 EXHIBIT "A " FIELD NOTES TRACT NO.2 TEMPORARY CONSTRUCTION EASEMENT 0.263 OF ONE ACRE OUT OF THE WARREN EDWARD WALL ET UX CALLED 317.85 ACRE TRACT VOLUME 3881, PAGE 150 PERFECTO DIAZ SURVEY, A -105 BRAZOS COUNTY, TEXAS February 18, 2002 All that certain lot, tract or parcel of land being 0.263 of one acre situated In the PERFECTO DIAZ SURVEY, Abstract No. 105, Brazos County, Texas and being a part of that certain Called 317.85 acre tract as described in deed from Webs Fargo Bank, Trustee to Warren Edward Wall and Jennifer Henderson Wad of record in Volume 3881, Page 150, Official records of Brazos County, Texas, said 0.263 of one acre tract being more particularly described in two (2) tracts by metes and bounds as follows: TRACT 2A - 0.046 OF ONE ACRE BEGINNING at a W Iron Rod with cap set in the prescriptive north right-of-way line of ELMO WEEDON ROAD for the most westerly comer, said comer being N 84 ° 15'09 " E - 846.10 feet and N 83 " 28'44 " E a distance of 683.00 feet from a 1" Iron Pipe found for the southwest comer of said Called 317.85 acre tract; THENCE N 78 ° 51 '35 " E, a distance of 102.04 feet to a M" Iron Rod with cap set for angle point; THENCE N 83. 19 ' 01 " E, a distance of 139.95 feet to a W Iron Rod with cap set for angle point; THENCE N 75 " 18'22 " E, a distance of 85.71 feet to a 13" Elm found in the southerly line of said Called 317.85 acre tract for the most easterly comer, said corner being an angle point In said Called 317.85 acre tract; THENCE S 63 ° 45 129 " W. along the southerly One of said Called 317.85 acne tract a distance of 53.55 feet to a 14" Elm found for angle point, said corner being an angle point In said Called 317.85 acre tract; THENCE S 82 ° 35 ' 29 " W, continuing along said southerly line a distance of 176.10 feet to a 4" Treated Post" H - Brace "for angle polyd, said comer being an angle point in said Called 317.85 acre tract; THENCE S 83 ° 28'44 " W, continuing along said southerly fine a distance of 100.00 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.046 OF ONE ACRE OF LAND MORE OR LESS. TRACT 213 - 0.217 OF ONE ACRE BEGINNING at a 60D NAIL set in the southerly line of said Called 317.85 acre tract for the most easterly comer, said comer being S 87 ° 44 ' 04 " W a diistartce of 723.30 feet from an 8" Treated Post found for an angle point in the southerly title of said Called 317.85 acre tract, said comer also being S 81 ° 44 '40 "W a distance of 2242.33 feet from a 1" Iron Pipe found for the southeast comer of said Called 317.85 acne tract; THENCE S 87 ° 44 ' 04 "W, along the southerly line of said Called 317.85 acre tract a distance of 261.70 feet to a point in the eenteriine channel of Wic6mn Creek for an angle point; THENCE S 84 ° 08' 39 " W, continuing along said southerly line a distance of 149.00 feet to a 13" Eim found for the most westerly comer, said comer being an angle point in the southerly line of said Called 317.85 acre tract; THENCE N 64 ° 60'29 " E. a distance of 121.51 feet to a 60D NAIL set for angle point; THENCE N 81 ° 22' 12 ` E, a distance of 42.26 feet to a 60D NAIL set for angle point; THENCE S 82 ° 49'46 " E. a distance of 259.98 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.217 OF ONE ACRE OF LAND MORE OR LESS. BOTH TRACTS CONTAINING AN AREA OF 0.263 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on February 14, 2002, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. For north orientation and other adjoiner information, see accompanying plat. E .7 a 0 ~ ,b ao u °9N Ww; Ova 430 e N J2 TRACT 2A 2 L. 0.048 OF ONE ACRE Z = ° Set I/2' =010.04 p II \ l Iron Rood 1 w/Ca'~ LO 4" Tfoollis Pull ACTUAL EXHIBIT " WARREN EDWARD WALL ET VX CALLED 317.95 ACRES 366IA50 Sol NA rRAC7 28 T.rp.nry CntlnNtel INN N-U12'E-4!It 0]17un. n tM'00'S!' t • tE117 / 114WO 4 11 o' en. t:.l Rrr 97M K so w Nw Red w/c" \ u- i I t Re!!!' NOTESi NORTH ORIENTATION IS BASED ON ROTATING B THE SOUTH LINE OF 317.86 ACRE TRACT TO TXOOT PLANS FOR ROW LAYOUT OF CRIES IN FEDERAL PROJECT NO. BR 97 434M OX 7149 PLAT WAS PREPARED FOR THE PURPOSE OF ROW TANINO, fSNTS. AND UTfJTIES MAY NOT BE SHOWN ON THIS NI owl ORAWIHO, e r 1,11 P" footle 224235 Item corset 317.85 Ac S y444'40' Yt Id the fe,tlneasl I{'►AO' SS7• N 26VC - _ = r- ►D al C imeRpAompir or 1117.41 AL ■ 4MMI' Ae. an (DEED CALLS( PAUL ATKINSON ET UX PART OF CALLED 470.367 ACRES 3984/20 DISTANCE BEARING LINE DISTANCE BEARWO 102.04' N 78'61'35' E 139,95' N 83.'Or E F 05.71' N 16419'22' E 33.50' S 03'46'29' W L4 63.65' S 66.00'00' W 176.10' S 62.36'29" W LIS 17aJO' S 83'68'05' W 100.00' S 83'29'44' W L6 S 64.61'20' w 1, H. CURTIS STRONG, REGISTERED PROFESSIONAL LANG SURVEYOR NO, 4961, 00 HEREBY CERTIFY THAT THIS PLAT REPRESENTS THE RESULTS Or AN ON THE OROUND SURVEY AND IS TRUE AND CORRECT TO THE BEST OF MY NNOWLEDOE. 0 W e~ # e M. CURTIS .TRONO, RPLS NO. 4961 e•'';° REVISED. APRIL 13, 2002 BRAZOS COUNTY TEMPORARY CONSTRUCTION EASEMENT TRACT NO. 2 4.263 OF ONE ACRE OUT OF THE WARREN EDWARD WALL ET UX CALLED 311.85 ACRE TRACT VOLUME 3881, PAGE 150 PERFECTO DIAZ SURVEY, A ' 105 SWIDS COUNTY, TEXAS SCALE: 1' ■ 100' FEBRUARY 1N, 2002 S" OeWmn 0* StA AIM er/w% Takw neon S 7RONG URVEYiNG rhF rye ~ M°7-0•96M am k cxmwi ff vutner J • - EXHIBIT "C" PERMANENT FENCE DESCRIPTION • Cedar posts - corner posted to be 6" to 8" tops set on 10' centers in concrete. Line posts to be 4" to 5" tops. • 5 strands 12-1/2 ga American made barbed wire. • 1 - 16' tubular heavy-duty gate to be installed on the property burdened by this Easement, at a location specified by landowner. • Water gap to be constructed with H-braces set in concrete on either side of creek. Cable to be stretched across creek supported by the H-braces with cattle panels attached. • • 02-1299 Exhrbr! "C" 3-2 0