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COMMISSIONERS' COURT {
SPECIAL MEETING
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AUGUST 22, 1977
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A 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 10:00 A. M. on 21onday, August 22,
1977, with the following members of the Court present:
William R. Vance, County Judge, presiding;
Bill J.Cooley, Commissioner, Precinct 1;
Walter Wilcox, Commissioner, Precinct 2;
H. L. Cargill, Commissioner, Precinct 3;
Frank Boriskie, County Clerk.
The following citizens and officials were in attendace:
C. L. Scurry
Barbara H. Bowerman, BVDC-Area Agency on Aging
Marla Gammon, KTAM
Gerald Winn, Tax Assessor-Collector
Olemuel Davis
Mary Nichols, County Auditor
Jane Smith, The Eagle
W. T. McDonald
B. J. Kling, Kling Engineering and Surveying
Jerry Bishop, JB & Assoc.
Frank Murphy S.S.& M Inc.
Cliff Miller, City of Bryan, Planning Dept.
The first item on the agenda was the public hearing on the Possible
Use of Revenue Sharing Funds for Entitlement Period 9. The County
Judge announced the public hearing open and laid before the Court a
written request from the Brazos County Humane Society for funds to
build an animal control facility for Brazos County. At this time the
County Judge asked for comments from the public and receiving none
announced the public hearing closed. The, County Judge announced that
the other item to be considered at this time was the filing of the
County's Statement of Assurance. Commissioner Wilcox moved that the
County Judge be authorized to file the Statement of Assurance on behalf
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of Brazos County and to request a waiver under Section II, paragraph B,
regarding Budget hearings. Motion was seconded by Commissioner Cargill
and carried unanimously.
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The County Judge advised the Court that the County's share of
surplus lateral road funds available through the Board of County
and District Road Indebtedness, as of August 31, 1.977, would be the
sum of $20,177.89. Commissioner Wilcox moved that Brazos County re-
quest that- such sum be transferred to Brazos County for the construction
and improvement of the County's lateral roads. The motion was seconded
by Commissioner Cooley And carried unanimously.
Next to be considered was amendment number 1 to the Cooperative
Agreement between the State Department of Public Welfare and Brazos
County for child support collection-and other related matters. Such
amendment would extend the-75% reimbursement to Brazos County through
September 1977. On motion by Commissioner Cargill, seconded by Comm-
'is'sioner Wilcox, the Court unanimously voted to authorize the County
Judge to execute the agreement on behalf of Brazos County.
The Court next discussed the contract from Pritchett and Abbott,
valuation consultants, but took no action pending further information ,
from the Tax Assessor-Collector.
The Court next considered the purchase of seven (7) portable
radios and'seven (7) battery chargers for the Sherrif's Department.
Such purchase to be made through the Brazos Valley Development Council.
On motion by Commissioner Cargill, seconded by Commissioner Cooley,
the Court unanimously voted to purchase the radios, with the County's
share to be 25% of the total cost of the equipment.
Next to be-discussed was,the monthly rental to be charged for the
for the top floor of the Courthouse Annex. On motion by Commissioner
Wilcox, seconded by Commissioner Cargill, the Court unanimously voted
to increase the rental rate to $1,800 monthly, effective September 1,
1977.
The matter of realignment of the voting and Commissioner Precincts
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was discussed and deferred until the meeting to be held Friday, August
26, 1977 at 10:00 A. M. ll+'
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The Court next considered Requests For Change In Status of
Employees as follows:
Jeannie Campbell, Sheriff's Department
Sandra L. Munoz, Tax Office
Jo Rauch, District Clerk's Office
Dorothy Brown, District Clerk's Office
Gayle Hill, District Clerk's Office
Barbara Jane Herrington, District Clerk's Office
Jo Leslie, Probation Department
On motion by Commissioner Cooley, seconded by Commissioner Cargill,
the Court unanimously voted to approve the Requests as submitted.
On motion by Commissioner Cooley, seconded by Commissioner
Cargill, the Court unanimously voted to approve Claims 1649 through
1721•in the General Fund for payment as submitted by the County
Auditor.
The report from the Texas Commission on Jail Standards having
been reviewed by the Court was released to the news media and arrange-•
ments made to make a tour of the jail and further discuss the report.
1:30 P. M.
The Court reconvened at 1:30 P. M. and considered the following
plats:
1. Preliminary plat of DEER HILL ESTATES in Precinct 2. After
reviewing the plat and on motion by Commissioner Wilcox,
seconded by Commissioner Cooley, the Court unanimously voted
to approve the preliminary plat subject to the following
changes:
a. alteration of the access radius of Deer Hill Drive and
Highway 6.
b.' addition of 50 foot building set back line on Highway 6.
c. utility easement to be shown as.a joint use easement.}
2. Final Plat of BRIARCREST RIDGE in the extraterritorial {
jurisdiction of the City of the Bryan and in Precinct 3.
On motion by Commissioner Cargill, seconded by Commissioner
Cooley, the Court unanimously voted to approve the plat
subject to the following changes:
a. statement that the utilities to be put behind the curbline. r._
b. correction the dedication to show that it is to Brazos
County instead of the City of Bryan.
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/ 3.- Final Plat of WHEELER RIDGE in the extraterritorial jurisd-'j ,
itction of the City of Bryan and in Precinct 3. On motion
by Commissioner Cargill; seconded by Commissioner Cooley, the
Court unanimously voted to approve the plat subject to the
following corrections:'
a. statement that the-utilities will be placed behind the r
curbline.
b. correct the dedication to show that it is to Brazos County
instead of the City of Bryan.
c. clearification of easement to State of Texas.
d. removal of "Harvey Road"
4. Final Plat of SMETANA FOREST in Precinct 4. On motion by
Commissioner Cooley, seconded by Commissioner Wilcox, the
Court unanimously voted to approve the plat subject to the,i;
filing of a letter of credit for the completion of the roads.
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Next to be discussed were the proposed Revised Subdivsion Regu-
lation for Brazos County. After discussion of the changes and on
motion by Commissioner Cooley, seconded by Commissioner Wilcox, the;
Court unanimously voted to adopt the Revised Subdivision Regulations
as amended. A copy of such regulations is attached to and made a part
of these minutes.
The Court next considered a verbal request by Wixon Water Supply
for authorization to lay a water line in the right-of-way of Thurmond
Road in Precinct 2. After discussion and on motion by Commissioner
Wilcox, seconded by Commissioner Cargill, the Court unanimously voted
to grant authorization to lay the line subject to the Wixon Water Supply')
Company making written application and the signing of the appropriate I
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On motion duly made and seconded the Court unanimously voted to ~I
reject all bids on the Multi-Use-Facility.
There being no further business, the Court adjourned.' jl
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The foregoing Minutes of the;-Commissioners' Court Meeting held
Auqust 22, 1977,
12th day of September,
were examined and approved in open Court this
1977,in Bryan, Brazos County, Texas.
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William R. Vance
County Judge
Wa ter Wilcox
Commissioner of Precinct 2
7. A. Stasny
Commissioner of Precinct 4
Bill J holey
Commis loner of Precinct 1
W. L. Cargill
Commissioner of Precinct 3
At '
1' ank Borisk e
County Clerk
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SPECIFICATIONS
REGULATING THE FILING FOR RECORD OF
SUBDIVISION PLATS AND ESTABLISHING
CONSTRUCTION STANDARDS AND OTHER RE-
QUIREMENTS PERTINENT THERETO FOR ALL
SUBDIVISIONS SITUATED OUTSIDE THE
BOUNDARIES OF ANY' INCORPORATED TOWN
OR CITY IN BRAZOS COUNTY, T E X A S
THE STATE OF TEXAS
COUNTY OF BRAZOS
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IN THE CONLMISSIONERS' COURT i'
OF B R A Z 0 S COUNTY, TEXAS
It is Ordered by the Commissioners' Court of Brazos County,
Texas, on this the 22nd day of August , 1977, that the re-
quirements and policies for the subdivision of certain property
and construction of roads and streets'in such subdivisions in
Brazos County, Texas, under the provisions of Article 6626a, Ver-
non's Texas Civil Statutes, be the following:
• I.
DEFINITIONS
As used in these regulations,'the following words shall have
the meanings set forth below:
1. "OWNER" - the person, firm, corporation or other legal
entity, or combination thereof, owning legal fee simple
title to the tract of land sought to be subdivided pur-
suant to these regulations. Also referred to as a "SUB-
DIVIDER".
2. ."MORTGAGEE" - the person, firm, corporation, or other legal
entity, holding any mortgage, deed of trust lien, or other
encumbrance, covering the tract of land sought to be sub-
divided pursuant to these regulations, or any portion of
such tract.
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3. "SUBDIVISION" - Any division of a tract of land into
two (2) or more lots, 'tracts, or parcels for the purpose
of transfer of ownership or building development; or if
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a new street is involved, any division of a parcel of
land; provided that a division into lots or parcels of
twenty (20) acre tracts or more and not involving a new
street shall not be deemed a subdivision. The term in-
eludes a re-subdivision of any tract in an existing sub-
division, and when appropriate to the context, shall re-
late to the process of subdividing or to the land subdivided.
4. "COUNTY COIZIISSIONER" - the duly elected and serving Com-
missioner of Brazos County in whose Commissioner Precinct
the proposed subdivision in located.
5. "COMMISSIONERS' COURT" - the duly elected and serving
County Judge of Brazos County and the four (4) County Com-
missioners.
6. "ENGINEER" - A Registered Professional Engineer, licensed
by the State of Texas in accordance with existing law;.
7. "SURVEYOR" - A Registered Public Surveyor, licensed by
the State of Texas in accordance with existing law.
8. "EXTRATERRITORIAL JURISDICTION" - that area contiguous
to the corporate limits of any city within the distance
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authorized by Article 970a, Revise Civi a u es
over which such city has exercised jurisdiction in accordance
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with existing law.
II.
GENERAL REQUIREMENTS t
A. The owner or owners of any tract of land situated outside
the'boundaries of any incorporated town or city in Brazos
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County, Texas, who, subsequent to September 1, 1977, has I,
divided or will divide the same in two (2) or more parts
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for the purpose of laying out any subdivision of any such
tract of land, or for laying out suburban lots or building
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lots, streets, parks or other portion intended for public use, ;
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for the use of purchasers or owners of lots of any such,
tract of land, must comply with the rules and regulations
adopted herein. f
In the event that any portion of these specifications should j
be held unconstitutional, or invalid, other parts hereof
shall not•be affected thereby and they shall be held in ef- i
fect unless and until otherwise.changed by the Commissioners', y
Court of Brazos County, Texas, and so recorded in its Minutes.
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C. Owners of properties in Brazos,County subdividing or re-
subdividing the same should familiarize themselves with the
rules for sanitation and avoidance of water, air, or other
types of pollution as established by Federal or State statute
or regulation or by the,Board of Health of the Brazos County
Health Unit. Special'attention is called to regulations ,I
adopted by the Commissioners' Court of Brazos County, Texas
relating to private.sewage facilities.
III.
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PLATS, PROCEDURE AND REQUIREMENTS
The provisions of Article 6626a and Article 6626,c, as amended,
Revised Civil Statutes of Texas, shall apply, with respect to ob-
taining approval from the Commissioners' Court before filing the
Plat with the County Clerk and before conveyances by deed or'con-'I,'
tract of sale may be made.'
A. The following procedures are outlined for the benefit of,,
subdividers in obtaining final approval from the Com-
missioners' Court for the filing of a plat with the Count
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Clerk.
1. (FIRST PHASE) Owners of Property,contemplating the con-
version of raw or other types of lands into subdivision
as defined herein, should develop a preliminary plan,
in sketch form and submit same to the County Commissioners
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Court, Courthouse, Bryan, Texas. The Commissioners'
Court will review the preliminary plan and, if approp-
riate, will inform and discuss-with the subdivider the
results of the review.
2. (SECOND PHASE) Following the procedure outline in
Phase I, above, if the subdivider decides to continue with
his project, he should prepare a Prelj►r'nary Plat for
submission with an application for conditional approval.
If the review of this Preliminary Plat by the Commis-
sioners' Court is found to be in conformance with the
requirements set forth herein, it will grant conditional
approval, subject to conditions specified in the of-
ficial minutes of the Commissioners' Court.
3. (THIRD PHASE) - (FOR FII4AL PLAT) After approval of
the preliminary plat the owner may stake out the tract
on the ground in accordance with the conditional approval
given to the Preliminary Plat, and may post a bond to
guarantee completion of improvements stipulated and
submit same with a Final Plat for approval by the Com-
missioners' Court. The Court then reviews the Proposed
Final Plat, other material or documents, and grants its
approval of the Final Plat, or informs the subdivider of
the additional requirements before final approval for
recording. After final approval of the plat and bond
the subdivider may record the approved Final Plat and
other documents with the County Clerk and can proceed
with his development plans and programs, and thereafter,
his sale of tracts within the subdivision. If'the Owner
elects not to file a Construction Bond,_he--shall complete
all streets and other improvements and obtain acceptance
thereof as provided hereinafter priorrto approva1•'of the
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VOL V PAGE
Final Plat by the Commissioners' Court and filing
with the County Clerk. i•
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B. The Final Plat to be recorded with the County Clerk must
conform to the following:
1. The Final Plat of the property being subdivided and
to be recorded shall'be on a scale sufficient to show
all boundaries and dimensions and certCfied to as to
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accuracy by the Engineer or.Surveyor preparing the same
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from an actual survey on the ground. It also must show
in reasonable detail the location and width of existing ,
and dedicated streets, lots and utility easements, and
similar facts regarding all property immediately adjacent
thereto.
2. Surveyors and Engineers shall acquaint themselves with
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the procedure used by the Office of the County Clerk
in the recording of plats and the reproduction process
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.used to insert the,•recorded plat in the Deed Records.'
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Submitted plats shall be prepared in such a manner that;
all information thereon will be legible after the reduc=
tion and recording process.
3. An original sepia and two (2) copies of the Final Plat c
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shall be filed with the County Clerk.
The Final Plat shall also contain the following:
1. A location map showing the location of the subdivision j
in Brazos County.
2.. A clear delineation of any property lying below the
100 year flood plain elevation, as established by the I'
Corp of Engineers, or a note to the effect that "In-
formation regarding areas of this property subject to
flooding (100 year flood plain) has not been developed,by
the U. S. Corps of Engineers. Buyers of property are
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cautioned to make personal inquiry as to local flood
hazards."
3. A clear delineation of any area within the subdivision
known to owner or Surveyor/Engineer to be subject to
frequent flooding.
4. An outlined note to •the effect that "No private sew-
age facility may be installed on any lot in this sub-
division without the prior issuance of a license by
the Brazos County Health Unit under the provisions
of the Private Sewage Facility Regulations adopted
by the Commissioners' Court of Brazos County, pur-
suant to the provisions of Section 21.084 of the
Texas Water Code".
5. A Certificate of Ownership and Dedication ac follows,:
"I (or we)
owner(s) o the an shown on this plat an desig-
nated herein as a subdivision in
Brazos County, Texas, hereby dedicate to the use of the
public forever all rights of way, easements, and other
public places shown herein.
(Signature(s))
(Add appropriate acknowledgment(s) - See Appendix A)
6. A Certificate of Mortgagee, if any, as follows:
"The undersigned, holder of a deed of trust lien or
other encumbrance against the property subdivided
herein hereby,joins in the dedication of all streets,
alleys, parks, and utility easements to the public,
as set forth in the Owner's Certificate hereon.
Dated this day of 19_
Mortgagee
(Add appropriate acknowledgment(s) - See Appendix A)
7. A Certificate of Surveyor and/or Engineer as follows:
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Registered Pub-
lic Surveyor Engineer in t e State of Texas,
hereby certify that this plat is true and correct,
was prepared from an actual survey of the property
made on the ground under my supervision, and that
proper engineering consideration has been given to
the improvements described herein.
(Signature)
Type name-of Su--•veyor or Engineer)
8. A Certificate of Approval--a--s-follows:
"This subdivision lat was duly approved by the Com-
missioners' Court,of Brazos County, Texas, as the jj
Final Plat of such subdivision on the day of
19
Signed this the . day of' County Judge
Brazos County
9. A Certificate of the County Clerk as follows:
County Clerk of
Brazos County, Texas, o ere y certify that this
plat, with its certificates of authentication was filedV
for record on the 'day of 19 and
duly recorded in Vo-Iume Page Dee~Tc Records
of Brazos County, Texas.
.VCounty Clerk
,
Brazos County, Texas
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10. The name of the subdivision, number of acres contained
therein, and the survey in which it is located.
11. Such other information as necessary to comply with
and describe the requirements imposed by these regulations.
12. On plats of subdivisions within the extraterritorial
-jurisdiction of any city, such other and further in-
formation as may be required by such city. J
The Final Plat shall be an original drawing on linen paper,,'
or other paper approved by the Commissioners' Court, with
true dimensions to correspond with the engineer's scale as
described on said plat. The Plat must be on one or more
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sheets measuring twenty-four (24) inches wide and thirty- { li`'!
-.six (36) inches long,in size' with a two and one-half
(2-1/2) inch binding margin on the left of said sheet, and I'
an appropriate margin on each of the other three (3) sides.'
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~~...~s:.e..!s.~.-. ..,...u ..a:..s~. - -~Le.r.-Ju..'.:~'n. -w~- •S~,~f`i~ ~•1 ,;%_:Li.,.' -~ryY,';' , -.-I.iriJl
• ~„Y~iUr' fY[ s41jMA UPfJ~} 4 y1' ~,~'J~.i j~ •,rTa Y'1~ J4, Cd -~r..~.~~~~••'~.~"~Where the area being subdivided will not fit in the afore-
said dimensions, two (2) or more sheets shall be used.
If two (2) or more sheets are used, a key map showing the
entire area shall bE• drawn on the first sheet, or on a
separate sheet. ,
E. Fees of the Office of the-County Clerk in the amount then
in effect shall be paid at the time the final plat is filed.
IV.
SUBDIVISION REQUIREMENTS
A. Subdivisions within the extraterritorial jurisdiction of
any city:
1. Any subdivision located within the extraterritorial
jurisdiction of any city shall conform to the sub-
division and construction requirements of such city
thE:n in effect, except that:
a. no utilities may be placed in the street rights-
of way, but shall be placed in utility easements
provided for that purpose;
b. the entire width of all street rights-of-way shall {
be cleared; and
C. all requirements of these regulations shall be met '
to the extent that they exceed the requirements 4
of said City or are not imposed by said City. ,
The Commissioners' Court shall be the final authority
of whether or not a particular requirement of these =
'regulations shall be imposed within the extraterritorial
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jurisdiction, unless assurance is received from the
applicable city that the entire subdivision will be
annexed prior to the expiration of the two (2) year mainten-
ance period provided for in Article VIII of these Regulations.
The Plat shall require joint approval of the City and
the Commissioners' Court and any bond filed shall be payable
jointly to the City and County Judge as specified herein.
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2.
In subdivisions within the extraterritorial juris-
dictionof a city, the owner shall notify the Commis-
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sioner's Court at the beginning of the City's admin-
istrative process of his intention, seek approval of
the proposed plats, and deliver a copy of the proposed
plat therewith. Thereafter, the Owner shall advise the;l,
Commissioners' Court of the status of the project from
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time to time during the City's administrative process.
After final approval and signing of the plat by proper
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officials of the City, the plat and Construction Bond,
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if desired by the Owner, may be submitted to the Com-
missioners' Court for approval.
3.
It shall be the duty of the person filing the Plat to
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ascertain if the tract or subdivision falls within the
extraterritorial jurisdiction of a municipality.
Subdivisions outside the extraterritorial jurisdiction of
any
city where any lot is less than one (1) acre:
1.
Any subdivision located outside the extraterritorial
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jurisdiction of any city which contains any lot less
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than one (1) acre in size shall conform to the City
of Bryan standards for a comparable subdivision if
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located within the city, except that:
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a. no utilities may be placed in the street rights-
of way, but shall be placed in utility easements
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provided for that purpose;
.b, the entire width of all street rights-of-way shall
be cleared; and
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c. a
requirements of these regulations shall be
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met to the extent that they exceed requirements
of said City or are not imposed by said City.
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2. The Commissioners' Court shall be the final authority
of whether or not a particular requirement of these
regulations -11all be imposed outside the extraterritorial
jurisdiction.
3. Subdivisions described in Paragraph IV, B, 1 above
shall, in addition to'the City of Bryan standards, meet
the requirements of Section III; SectioLi IV, C, to the
extent that such requirements exceed such City's stand-
ards, or are not imposed by the City of Bryan standards;
1.
Section V; Section VI; Section VII; Section VIII; and
Section IX,
C. Any subdivision located outside the extraterritorial juris-
diction of any city where all lots exceed one (1) acre in
size shall conform to the following requirements:
`
1. The name of the proposed subdivision must not be the
same or deceptively similar in spelling to the name
of any other subdivision in Brazos County..-Street
names shall be used which avoid duplication or similarity
to any existing street in Brazos County or within
any city therein. Streets which are a continuation of
r
any existing street shall take the name of the existing
street.
2. Lot and block number are to be arranged in a sys-
tematic order and shown on the plat in distinct and leg-
, ,
ible figures.,
3. Boundary lines must be shown by bearings and distances,
calling for the lines of established surveys, landmarks,
school districts, and other data furnished, sufficient
to locate the property on the ground. All blocks, cor- E
ners, and angles ire streets and alleys shall be marked `
with a 3/4 inch galvaniz_ed=pipe two (2) feet long, or f
c.
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PAGEJ 4
VOL 1L
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.
with an appropriate concrete or other type marker
approved by the Commissioners' Court,
Location of lots, streets, parks, easements, and other
I
features must be shown with accurate dimensions in !
~
I
feet and decimals of feet. Length of radii and arcs a
- a
of all curves, with bE.arings of all tangents, must be ti
shown, also distances from all angle points and points
I
of curve to lot lines.
I
,
'
Arterial, or main lateral streets, or set tack lines,
y
are to be provided in locations where in the judgment.
of the Commissioners' Court, and the Commissioner.con-
cerned, they are considered necessary.
Designated thuroughfare's shall have a minimum right-
of-way of one hundred (100) feet. All other streets
5
shall have a minimum width of right-of-way cf sixty
(60) feet, and must provide,t:nhampered circulation
through the subdivision. Where a dead-end street i.s
designed to be so permanently, a turn-around shall be
'
provided at the closed end having an outside roadway
diameter of one hundred (100) feet. Dead end streets
may be platted where the Commissioners' Court and the
Commissioner concerned deem desirable and where the land a
adjoins property not subdivided, in which case, the
streets shall be carried to the boundaries thE:reof. Where
a-proposed subdivision abuts an existing county road
having less than the minimum required right-of-way,
the CGmer shall dedicate or cause to be dedicated suf-
ficient additional right-of-way to meet minimum re-
quirements.
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7. All streets preferably to intersect at ninety (90)
degree angle; where this is not possible, the intersec-
tion on,the side of the acute angle must be cut back,
as specified by the Commissioners' Court and the.Com-,
missioner concerned, but in no case shall the cut-back
be less than twenty-five (25) feet.
8. In cases where new streets as platted intersect with
established streets, the new streets shall be, if prac-
ticable, a continuation without offset of any intersect-
ing street on the opposite side of said established
street.
9. No street shall have an abruptoffset, or "jog" in it.
10. Where streets'in an adjoining subdivision dead-end at
the property line of the new subdivision, the said
streets shall'be continued through the new subdivision,
either on a straight line, or a curve as provided else-
where herein. Where no adjacent connections are plat-
ted, the streets in the new subdivision must in general
be the reasonable projections of streets in the adjacent
subdivided tracts. All streets in new subdivisions
shall be platted so that a continuation of said streets
. may be made in other subdivisionsin the future.
11. Where part of a street has been dedicated in an adjoin-
ing subdivision adjacent to and along the common property
line of the two (2) subdivisions, enough width of right-
of-way must be dedicated in the new subdivision to pro-
vide the minimum width specified herein.
12. No squares, "islands", or other obstructions to traffic
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VOL -PAGE
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shall be reserved within the right-of-way; this shall
not exclude small arts where the streets are ,i
p properly
curved, or esplanadels.
13. Points of access from existing streets and roads to
adjacent property where no street exits shall be
clearly shown. 1 ;l
14. All streets and roads shall be marked by signs approved
,by the Commissioners' Court.
15. Restoration of existing streets and roads after con- I;
struction shall be accomplished by the Owner'.at no cost
to Brazos County, to the satisfaction of the Commissioner.
16. Dedication of utility easements not less than sixteen
(16),feet wide must be provided for public on each side,
of all streets. No structure of any type shall be placed
on said easement and unrestricted passage must be main-
tained at all times,. Where conditions make this imprac-i
•tical an easement on only one side of the road may be
provided, not less than .twenty (20) feet in width. The' ~
Owner shall coord-n"ate utility installations with all
utility companies prior to submission of the final plat.`
17. No utilities may be placed under any street. All util-I'
ities'shall be within the designated utility easements.'; i
18. All existing utilities, and pipelines which require
relocation or adjustment in order to avoid conflict with
proposed streets, utilities, or other improvements shall
be relocated, adjusted, or modified at no expense to :Brazos
County. Owner shall bear the responsibility for com-
pliance with Federal, State, and local regulations and
requirements regarding such utilities and PiPelines I'
19. The plat shall show all natural drains and water courses I,
as they exist on the ground. If deemed necessary by
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the Commissioners' Court, the plat shall show the contour
lines connecting points of equal elevation at specified
intervals.
20. Layouts that will cause unsatisfactory drainage con-
ditions, or that will unduly complicate maintenance of
streets, will riot be accepted.
21. Drainage courses in subdivisions contr{:.ning small lots
and blocks shall be dedicated. In subdivisions entirely
containing "acreage tracts" of five (5) or more acres
in size, an easement will be accepted. A minimum width
of twenty (20) feet will be required.
22. The 100 year flood plain elevation must be clearly de-
lineated on the Plat as shown by the flood prone maps
supplied by the U. S. Corps of Engineers. In areas
subject to flooding where information has,not been,
developed by the U. S. Corps of Engineers, caution
to prospective purchasers to make personal inquiries
as to local flooding hazards must appear on the Plat
as described herein above. No building may be con-
structed on any lot where the finished slab level
will be lower than one (1) foot above the 100 year
flood plain elevat n established by the U. S. Corps
of Engineers.
23. Tracts adjacent to any State and Federal roads will have
'a fifty (50) foot building set back line. Tracts ad-
jacent to all other roads will have a twenty-five (25)
foot building set back line.
24. Adegltate off-street parking space must be provided in
business or commercial areas.
25. Where there is an existing subdivision: and two (2)
or more lots are to be re-subdivided in same, a vacating
plat approved by the County Commissioners' Court and the
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VOLJV PAGE a,
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VOLVPAGEVL
Commissioner concerned shall be presented to the Com-
missioners' Court for approval prior to filing with
the County Clerk. The same specifications shall apply
that govern filing of plats in new subdivisions, with
the exception that a location map will not be required.
The vacating plat shall be a copy of the subdivision
plat or part thereof to'be vacated, as recorded in the'
Deed Records of Brazos County. No vacating plat or re-
subdivision within an existing subdivision shall be sub-
witted without the joiner or separate written consent
of all current property owners within the subdivision,
except where re-subdivision is authorized by existing
restrictions affecting the entire subdivision.
26. The Owner shall furnish to the Commissioners' Court,
with the final plat, a certificate from an abstract
or title company within the County showing all persons
who have any interest in the property, whether owner-
ship, lienholder or otherwise. Every person shown to
have such an interest shall be required to join in the
dedication and filing of the Plat.
27. A certificate from each Tax Collector of a political sub--
division in which the property is located must accompany
the plat to be recorded, showing that all taxes owing
to the State, County, School District, and/or any other
political subdivision have been paid in full to date.
28. Where an adequate supply of water is available, the
Commissioners' Court may require the installation of
fire plugs in locations and numbers deemed necessary
or advisable.
29. A certificate of approval for the Commissioners' Court,
shall be provided on the plat. A recording Certificate
for the County Clerk shall be provided.
'30. A certificate of permanent dedication, duly acknowledged,
of all streets, parks, playgrounds, utility and drainage
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easements, and other land intended for public use shall
be part of the plat. The dedication must be absolute.
V.
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CONSTRUCTION STANDARDS
A. All design and construction of streets, alleys, drainage
facilities, and utilities must conform with current standards
and specifications and sound engineering i)rinciples, for the
r
type subdivision for which 'contemplated under these regulations.
All trees and underbrush shall be removed from entire width
of right-of-way.
The owner shall be responsible for compliance with all
applicable statutes and regulations of the State and United
"States respecting construction and installation of roads
and roadways at their crossing or intersections with util-
ities, including but not limited to railroads, pipelines,
electrical transmission lines, water lines and natural
gas lines.
B. Generally, it is desired that surface drainage from private
property be taken to streets, alleys-, or drainage courses
as quickly as possibl,,e-rand that drainage water from streets
and alleys be taken to defined drainage courses as quickly
as possible. The practice of u'sing streets and alleys as
major drainage courses will not be accepted.
The developer will seed or sod all bar ditches to es- -
tablish a permanent vegitation.
a
C. Minimum grades of streets and alleys normally shall be three- 4
tenths (0.30%) of one per cent (1%) and shall not'be so
steep that destructive velocities may occur, unless provision
f
is made to prevent erosion of earthen ditches, or damage to pavements.
When requested by the Commissioner, profiles of streets
shall be furnished, showing existing centerline elevations,,
both right-of-way. line elevations and proposed centerline grade.
Ir}r:
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At creek or other drainage crossings where consideration
must be given to the proper handling of storm water, a pro-
file of the flow line of such creek or other drain extending,
sufficient distance both upstream and downstream to deter-
mine proper street grade and size of drainage structure at
such crossing will be required.
D. Drainage structures of permanent type shall be provided at
crossings of drainage courses with streets where prescribed
by the County Commissioners' Court or the Commissioner con-
cerned in order that a minimum of inconvenience and hazard
to the traveling public will occur, and in order to minimize
damage to, and excessive maintenance of, public property.
Such drainage structures shall have a minimum of twenty-
eight (28) feet clear roadway and shall be of sufficient size
to insure the capacity to carry anticipated drainage waters.
E. Open channels and ditches shall be constructed to proper
cross-section, grade and alignment so as to function proper-
ly, and without permitting destructive velocities.
F. Where a-street section (without curbs) is constructed,
the flexible base shall have a minimum thickness of six
inches (6") after compaction, and a minimum of twenty-four
feet (24') wide and feather edges as shown on Brazos County
Road Section (Appendix B). If paved, the base shall be
of minimum thickness of six inches (6") after compaction,
and a minimum width of twenty-four feet (24'), and feather
edged'as mentioned above. All road building materials shall
be approved by the Commissioner concerned.
VI,
BONDING REQUIREMENTS FOR FILING OF PLAT PRIOR TO CONSTRUCTION
A. In order to insure that the streets and other improvements
in approved subdivisions are constructed in accordance with
the above specifications, any Owner desiring to file the
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B.
c-
approved Final Plat prior to completion and acceptance of
such streets and other improvements may post a form of
security, as hereinafter described, an amount to be fixed,
and determined as follows:
1. Where no drainage structures or other additional
construction costs are involved.
a. For paved streets with curb - $12,00 per linear foot
b. For paved streets - $6.00 per linear foot
c. For graveled streets - $2.00 per linear foot
2. Where drainage structures or other additional construc-
tion costs are involved, add estimated cost of additional
work to amount of Bond fixed above.
,The above distances determining the linear feet in-
volved are to be measured along the center line of
said street or alley between the intersections of said
center lines.
If the subdivider decides or elects to file security in
lieu of completing construction prior to Final Plat ap-
proval, he may utilize one of the following methods of
posting security. If the subdivider elects to file secur-
ity, the plat shall not be approved unless the subdivider
has done one of the following:
1. Construction Bond:
a. Filed with the Commissioners' Court a bond ex-
ecuted by a surety company holding a license to
do business in the State of Texas, payable to the
County Judge of Brazos County, Texas, and his suc-
cessors in office, approved by the Commissioners'
Court, in the amount required by this ordinance and
the time of completion of the improvements as esti-
mated by the Commissioners' Court.
b. The condition of said Construction Bond shall be that
PAGESOL
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VoL~LPAGE
the Owner of said approved and accepted sub-
division shall begin construction of such streets
as are shown on the subdivision,plat within a per-
iod of ninety (90) days from the date of the approval
of the plat of said subdivision by the Commissioners'
Court of Brazos County, Texas, and prosecute and -
complete such construction in accordance with the
specifications herein provided within a reasonable
number of working days to be determined and agreed
upon by the Owner and the Commissioners' Court, and
said Construction Bond shall remain in full force
and effect until all streets and other improvements '
are "accepted" by Brazos County, as provided herein. ;
c. In the event any or all of the streets as con-
structed by the Owner fail to meet the requirements
of the specifications herein provided and are not
accepted and approved by the Commissioners' Court
and the Commissioner concerned, and said Owner
fails or refuses to correct the defects called to
his attention in writing by said Commissioners' 1
Court, the unfinished improvements shall be completed'
at the cost and expense of obligees as in said
orders provided.
2. Trust Agreement: Has placed on deposit in a bank or
trust company in the name of Brazos County, and approved
• by the Commissioners' Court, in a trust account, a sum
.of money equal to the estimated cost of all improvements
required by these regulations, the cost and the time
of completion as estimated by the Commissioners' Court;
selection of the Trustee sha-11 be subject to approval
by the Commissopaers' Court and the Trust Agreement shall
be executed on the form approved by the Commissioners'
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Court. Periodic withdrawals may be made from the trust
account for a progress payment of installation costs.
The amount of withdrawals shall be based upon progress
work estimates approved by the Commissioners' Court.
All such withdrawals shall be approved by the Trustee.
3. Unconditional Guarantee From Local Bank or Local Savings
and Loan Association or Other Financial. Institution
as Approved by the Commissioners' Court: Has filed
with the Commissioners' Court a letter, in form ap-
proved by the Commissioners' Court, signed by a principal
officer of a local bank or local savings and loan as-
sociation or other financial institution, acceptable
to the Commissioners' Court, agreeing to pay to the
County of Brazos, on demand, a stipulated sum of money
to apply to the estimated cost of installation of all
improvements for which the subdivider is responsible
under this ordinance. The guaranteed payment sum shall
be the estimated costs of all improvements required by
these regulations, approved by the Commissioners' Court.
The letter shall state the name of the subdivision and
shall list the improvements which the subdivider is re-
quired to provide, a
4. If one of the three (3) types of security is filed by
t,ho nu1.divi'dor 1111d 1. V1, tho Comm 1,11td,ollor Con- '
r .
corned may inspect such improvements upon completion
of construction. If he rejects such construction, the
County Attorney shall, on direction of the Commissioners'
Court, proceed to enforce the guarantees provided in these
regulations.
5. When good cause exists, the Commissioner concerned may
extend the period of time for completion under Para- '
graph B o'f- this section. .Such extension of time shall be i
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4jVO .,_PAGIE
reported to the Commissioners' Court and recorded in
the Minutes. No such extension shall be granted un-
less security as provided in said Paragraph B has been
provided by the subdivider covering the extended period
of time.
6. Neither the subdivider nor the contractor nor sub-
contractor shall make a connection to or tap into the
County and/or City water distribution system, electric
system, or sanitary sewer system. The subdivider shall
furnish all-necessary materials to make the final tap
or connection.
VII.
ACCEPTANCE OF STREETS AND OTHER IMPROVEMENTS
A. Acceptance of streets and other improvements shall be evi-
denced by an instrument signed by the County Judge or the
Commissioner in whose precinct the subdivision is located.
No acceptance shall be issued until receipt of a certificate
of an Engineer that all improvements have been completed
in accordance with these regulations and good engineering
practices. In the case of a subdivision within the extra-
territorial jurisdiction of a city, a certificate of the
City Engineer may be submitted and acceptance of streets
and other improvements may be based thereon. All costs as-
sociated with furnishing-the necessary certificate hereunder
shall be borne by Owner.
B. No-acceptance letter shall be issued until receipt of the
Maintenance Bond or cash deposit in lieu of bond, according
to the requirements of Section VIII.
C. If the Owner has not posted security for construction prior
to filing of the Plat pursuant to Section VI'above, such
acceptance shall clear the plat for final approval by the
Commissioners' Court and filing of the Final Plat with the
-21-
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office of the County Clerk.
VIII.
MAINTENANCE
A.
The Owner shall be responsible for maintenance of all
streets, rights-of-way, and other improvements for a per-
iod of two (2) years after the date of acceptance, as
provided for in Section VII above,
B.
In order to insure adequate maintenance by the Owner, each
_to acceptance by Brazos County of the
owner shall, prior
streets and other improvements, file a Maintenance Bond,
executed by some Surety Company authorized to do business
in the State of Texas, payable to the County Judge of
Brazos County, Texas, and his successors in office, in an
amount determined as follows:
1. Maintenance Bond: ,
a. For paved streets with curbs - 3% of amount of
Construction Bond.
b, For paved streets - 5% of the amount of the Con-
struction Bond.
c. For graveled streets - 10% of the amount of the
Construction Bond.
;
C.
The conditions of said Maintenance Bond shall be that the
t
Owner shall guarantee to maintain to thesatisfaction of the
Commissioners' Court and the Commissioner concerned, all of
the streets shown on the accepted and approved subdivision
Y
plat, in a good state of repair for the period of two (2)
years from the date of such acceptance thereof by Brazos
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County.
ai
The Maintenance Bond shall cover the period beginning
I
on the date of acceptance of streets and other improvements
Y
as provided herein and ending after the expiration of two
t~
(2) years after acceptance of the construction of such
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streets and other improvements by the Conanissioners'
•
Court in writing.
Y
At the option of Owner, Owner may deposit with Brazos
County, Texas, United StatesCurrancy or cashier's check in
an amount equal to the amount of the maintenance bond speci-
fied above, in lieu of such maintenance bond. Such funds
shall be held by Brazos County for the two (2) year period
after acceptance. Such funds may be used during such period
for the costs of such maintenance as Owner, after written
notice, fails or refuses to perform. After the expiration
of such two (2) year period, such cash deposit, or the un-
expended balance thereof, shall be refunded to Owner.
D. Periodical inspections of all of the streets that have been
approved and accepted in an approved subdivision will be
made by the Commissioners' Court and the Commissioner con-
cerned during the period of liability covered by the Mainten-
ance Bond, and in the event any or all of said streets are
not being maintained in a good state of repair, the Owner
will be so advised in writing and if after a reasonable time
he fails or refuses to properly maintain said streets, they
shall then be maintained at the cost and expense of obligees
or the bond or cash.
E. After the expiration of two (2) years after acceptance,
and if such streets and other improvements are in good re-
pair, Brazos County will accept such streets and other im-
provements for maintenance.
;
IX.
OTHER PROVISIONS
;.I
A. Guarantee of Workmanship and Materials: The Owner shall
require his construction contractors, with whom he con-
tracts for furnishing materials and for installation of the
improvements required under these regulations;and shall
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himself be required to furnish to the Commissioners' Court
a written guarantee that all workmanship and materials shall
be free of defects for a period of two (2) years from the
date of acceptance by the Commissioners' Court.
B. Effective Date: These regulations shall be in full force
and effect from and after September 1, 1977, and supercede
all prior regulations relating to the subject matter hereof.
C. Amendments: These regulations are subject to amendment from
time to time. All persons are advised to consult the Com-
missioners' Court to acquaint themselves with any such
amendments.
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