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HomeMy WebLinkAbout2003-01-16-0830AM-Special• F I L E D BRAZOS COUNTY BRYAN. TEXAS 103 JA;R 10 A & 0 1 tluc, y CLEEK ct 1 5 ~',?i i Y. ?RYAN. TEUS cy. AM*-WPdf NOTICE OF SPECIAL CALLED MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT • JANUARY 16, 2003 THE COMMISSIONERS COURT WILL CONDUCT A SPECIAL CALLED MEETING ON THURSDAY, JANUARY 16, 2003 AT 8:30 A.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. Call to Order. 2. Convene into Executive Session pursuant to §551.071 and §551.072 of the Texas Government Code to discuss the acquisition of real property with legal counsel. 3. Consider and take action on Executive Session. • 4. Adjourn. The Brazos Center 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. ~ 4 1o7 0, COMMISSIONERS' COURT SPECIAL CALLED MEETING JANUARY 16, 2003 The Commissioners' Court of Brazos County, Texas met in a Special Called Meeting at the Brazos Center, 3232 Briarcrest Drive in Bryan, Brazos County, Texas, beginning at 8:30 a.m. on Thursday, January 16, 2003, with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Absent; Carey Cauley, Jr., Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk. The following is a list of the citizens and officials in attendance: Susan Gandy Candy Gallego Kyle Hawthorne Patricia Meronoff At 8:30 a.m. the County Judge called the Commissioners Court meeting to order and then announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the acquisition of real property with legal council as allowed under Section 551.072 of the Texas Government Code. At 8:32 a.m. the County Judge announced the meeting open Vol Page 8 Commissioners Court meeting January 16, 2003 2 to the public and then recessed the meeting to reconvene at 12:43 p.m. At 12:43 p.m. The County Judge reconvened the Commissioners Court meeting then announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the acquisition of real property with legal council as allowed under Section 551.072 of the Texas • Government Code. At 3:02 p.m. the County Judge opened the meeting to the public and then recessed it again. At 3:15 p.m. the County Judge opened the meeting. All Commissioners being present, 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 with legal council as allowed under Section 551.072 of the Texas Government Code. At 3:58 p.m. the County Judge opened the meeting to the public and then on motion by the County Judge, seconded by • Commissioner Jones, the Court voted unanimously to approve the mediated settlement agreement of $9,500.00 per acre for 159 acres plus $65,837.00 in prejudgment interest in Cause No. 410-CCII Brazos County, Texas vs. Dorothy Sramek Bienski and Leon Bienski. Vol 40 Page 1 0-7- CI 0 The foregoing minutes of the Commissioners Court Workshop held January 16, 2003, have been examined and approved in open Court this the IPA day of 200,3 , in Bryan, Brazos County, Texas. aAalat Randy Sims County Judge 150 Duane Peters Kenny Mall429 Commissioner, Commissions , Precinct No. 2 Precinct No. 3 d Carey Cauley, Jr. Commissioner, Precinct 4 Ton Jo Commissioner, Precinct No. 1 aren McQueen County Clerk Vol 4O Page • CAUSE NO. 410-CC BRAZOS COUNTY, TEXAS IN THE COUNTY COURT AT LAW VS. NUMBER TWO (2) OF DOROTHY SRAMEK BIENSKI AND LEON BIENSKI BRAZOS COUNTY, TEXAS RULE 11 MEMORANDUM OF MEDIATED SETTLEMENT AGREEMENT This is a Rule I 1 memorandum of mediated settlement agreement of understanding between the undersigned parties is in settlement of a pending dispute, which has been voluntarily resolved through a mediation process conducted by Tom McDonald, Mediator, on the date below. The undersigned agree as follows: C'-~ ExrArr The undersigned agree to maintain confidentiality with respect to all verbal and written communications made or used in connection with the dispute resolution process, as provided by the Texas Alternative Dispute Resolution Procedures Act (Tex. Civ. Prac. & Rem. Code Ann. Section 154.073, Vernods Supp. 1991) and further the mediator will not be subpoenaed or called as a witness. • It is also agreed: (1) the attorneys have prepared and/or approved this agreement, and the mediator has advised each party/representative he is not the attorney for any party and each party has relied entirely upon the legal advice of their attorney, before signing; or is a representative and is not represented by choice (2) the party/representative understood and enter into this agreement freely and voluntarily; and (3) each signatory has authority to bind the party or parties for whom such person acts and the claims, suits, and/or interest which are the subject matter hereto are owned by the party asserting the same and have not been assigned, transferred or sold and are free of any encumbrance; and (4) this agreement is made pursuant to Rule 11, Texas Rules of Civil Procedure. The party/representative agree to execute and deliver such additional agreements and documents as shall be necessary to carry out the purposes of this agreement, and this agreement may be enforced as any other contract. C \WTM\Forms\Rulel Ime set IV 0" ~J If one or more disputes arise with regard to the interest and/or performance of this Agreement or any of its provisions, including drafting disputes the parties agree to attempt to resolve the dispute by mediation with TOM MCDONALD, the mediator, who facilitated this settlement. If mediation fails, the parties agree to enter into binding arbitration with TOM MCDONALD as the arbitrator and his decision on such matter shall be binding on the parties, including any decision as to the allocation of the cost of the arbitrator in the arbitration. If litigation is brought to construe or enforce this Agreement, the prevailing party shall be entitled to recover attorney's fees, as well as court costs and expenses, including the cost of the mediation/arbitration. THIS AGRF.F. .NT 19 NOT SUBJECT TO REVOCATION. Signed this /O day of J / , 2003, at Texas. Party ' orrl~ u ~ 1 Party per"» y L~Er'SruE GEa~ aiCw5K/' C \\VTM\For ms\Rule 1 I me set Attorney 40 • • • ! :I 731, l 4,45! - it Tom. s - Xft !I i! Q rig.( ~ )iIS" ✓ 'i%r ✓ :J a</ P S- Q'-:~ 7, O .`.lfcK 771 d 0 FILED ZMAN 1l AD 28 BRAZOS COUNTY BRYAN. TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, JANUARY 21, 2003 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 - Commissioner Peters. 2. Call for citizen input and/or concerns. Consider and take action on agenda items 3 -14: 3. Budget Amendment 02/03-12. 4. Payment of Claims. 5. Personnel Changes of Status. 6. Approving Terri G. Lee as a paid Deputy Constable for Precinct 2. 7. Appointing a member to the Community Healthcare Endowment Fund Review Committee. 8. Authorizing the County Judge to execute agreements for discounted rates with health providers outside of the Network. 9. Requisitions for the following for the Road & Bridge Department: a. Bid #2003-015R Hyrdrated Lime b. Bid #2003-016R Concrete C. Bid #2003-017R Material Hauling d. Bid #2003-018R Herbicides & Surfactants 13`f