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Home My WebLink About1982-02-08-1000AM-Regularf j COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 8, 1982 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 10:00 A.M. on Monday, February 8, 1982,with the following members of the Court present: R. J. Holmgreen, County Judge, presiding: r Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Billy E. Beard, Commissioner of Precinct 3; W. A. Stasny, Commissioner of Precinct 4; Frank Boriskie, County Clerk The following citizens and officials were in attendance: Tammy Pardi Bob Reese Leonard Millsap Kathi Beasley Jim Thompson Marlene Muse Betty Miller Van Kinerd Arnold Dittfurth Jeffrey Brown Greg Moses Sheri Toumbs Bobby Yeager B. V. Elkins Jim Waldrop Buddy Winn Jann Snell Bill Davie Robert Curlin Barbi Tomlin KAGC News Classic, Inc. Precinct 4 Candidate KBTX-TV KBTX-TV League of Women Voters Precinct 4 Candidate Auditor's Office Auditor's Office County Attorney KTAM - KORA Treasurer's Office Sheriff Treasurer Mustang Tractor Tax Assessor/Collector The Eagle WTAW The Court received, approved and ordered filed as sub- mitted the following reports for February 1982: W. T. Sistrunk, County Extension Agent; Mike McKinney, County Extension Agent; C. Jack Hunter, County Extension Agent; Mable Walker, County Extension Agent; Wanda L. Pope, County Extension Agent. The Court received, considered and approved the following All~ reports from County and Precinct Officers showing official fees of office collected and remitted to the County Treasurer r according to duplicate copies of the Treasurer's Official receipts attached thereto: V®L,r PAGLE! 1 OFFICERS' REPORTS FOR JANUARY 1982 l' FRANK BORISKIE, COUNTY CLERK: Fees $24,855.00 County Judge's Fees-------------------------------- 710.00 County Attorney's Fees----------------------------- 3,892.00 Sheriff's Fees------------------------------------- 2,422.00 Sanitary Disposal---------------------------------- 725.00 Law Library---------------------------------------- 202.00 Fines---------------------------------------------- 18,336.00 Criminal Justice Fees--45) 1,030.00 Law Enforcement Education Fund--------------------- 107.00 Victim of Crime Fund------------------------------- 1,060.00 TOTAL COUNTY CLERK'S FEES $53,365.00 W. D. BURLEY, DISTRICT CLERK: Fees-----------------------------------------------$ 4,916.50 Sheriff's Fees------------------------------------- 1,058.00 Sheriff's Jury Fees-------------------------------- 490.00 District Attorney's Fees--------------------------- 398.00 Fines---------------------------------------------- 1,380.00 Trial and Jury Fees-------------------------------- 85.00 Law Library Fees----------------------------------- 735.00 Criminal Justice Fees--(3) 170.00 i Law Enforcement Education Fund--------------------- 12.00 Victim of Crime Fund------------------------------- 135.00 i TOTAL DISTRICT CLERK'S FEES-----------------------------$ 9,478.50 BOBBY H. YEAGER, SHERIFF'S FEES $ 9,960.00 License and Weight Permit Fees--------------------- 5,750.00 E. A. WENTRCEK, JR., JUVENILE PROBATION OFFICER FEES: $ 9.6.00 DAN RICHARD BETO, ADULT PROBATION OFFICER FEES: $ 73.08 B. H. DEWEY, JUSTICE OF PEACE, PRECINCT 4, PLACE 1: Constable Fees $ 530.00 Fines---------------- Small Claims' Fees--------------------------------- 9.00 Civil Fees----------------------------------------- 126.00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 1-------------$ 667.00 CAROLYN M. HENSARLING, JUSTICE OF PEACE, PRECINCT 4,PLACE 2: ,i Fines $29,703.75 Sheriff's Fees------------------------------------- 231.00 i Criminal Justice Fees--(543) 3,385.00 Law Enforcement Education Fund--------------------- 697.00 j TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 2------------- $34,016.75 MICHAEL B. CALLIHAM, JUSTICE OF PEACE, PRECINCT 7, PLACE 1: Fines $ 2,383.50 j Constable Fees______ 1,017.00 1 Civil Fees- 161.00 ~ Miscellaneous-------------------------------------- 16.00 i Jury Fee------------------------------------------- 5.00 Criminal Justice Fees--(74) 172.50 I Law Enforcement Education Fund--------------------- 66.00 TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 1-------------$ 3,821.00 A. P. BOYETTE, JR., JUSTICE OF PEACE, PRECINCT 7, PLACE 2: Fines $ 6,964.00 Criminal Justice Fees--(209) Law Enforcement Education Fund------ 253.00 TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 2-------------$ 8,453.00 BRAZOS CENTER FEES--------------------------------------$ 4,900.04 JEFFERY BROWN, COUNTY ATTORNEY: Hot Check Fees $ 3,320.00 VOLT PAGE 1 i w , ti i 1 I~ f~ k , i f I The County Judge opened the meeting and announced that the County had received a letter from the Justice Department finding no objection to the County's Redistricting Plan as submitted. The first matter to come before the Court was a Proclama- tion, proclaiming February 15th through February 21st as Na- tional Patriotism Week. After having the proclamation read aloud, and on motion by Commissioner Stasny, seconded by Comm- issioner Wilcox the Court voted unanimously to adopt the Pro- clamation. The next matter to come before the Court as the survey of the actual oil well site on the Brazos County property on Waco Street presented by MCZ, Inc. After discussion and on motion by Commissioner Stasny, seconded by Commissioner Beard the Court voted unanimously to approve the site as shown on the survey map, a copy of which is attached to and made a part of these minutes. The Court next heard a presentation from Jeffery Brown, County Attorney on the creation of a County Bail Bond Board for Brazos County. Mr. Brown advised the Court that this was des- creationary on the part of the County at this time as the County had less than 110,000 population. After discussion Commissioner Beard moved to create the Board. The motion was seconded by Commissioner Wilcox and carried unanimously. The Court next received a request from the County Attorney for authorization to employ a full time secretary whose only f duties will be the collection of bad checks and administration of the hot check program. The total amount for this position including fringe benefits would be approximately $11,000. This position would be totaly funded by the National Corrective Train- ing Institute, a private "For Profit Organization." After dis- L i V0LZPAC1E_'W-4"0' I cussion and on motion by Commissioner Beard, seconded by Comm- issioner Wilcox the Court voted unanimously to authorize the County Attorney to hire such employee and to amend the Budget accordingly to accomodate for receipt of the funds and salary of the employee. Next to be discussed was an agreement for Animal Shelter Services between the Cities of Bryan, College Station, Brazos County and Brazos Animal Shelter, Inc. On motion by Commission- er Beard, seconded by Commissioner Cooley, the Court voted un- animously to authorize the County Judge to execute the agree- ment on behalf of Brazos County. A copy of such agreement is attached to and made a part of these minutes. Next to be considered was a request from the Courthouse Superintendent to employee two additional part-time janitors to clean the Annex and Tax Office. On motion by Commissioner Wilcox, seconded by Commissioner Stasny, the Court voted unanimously to grant the request and amend the Budget accordingly. r r 1 a i ti 4 i 1 i , i The Court, having previously advertised,proceeded to open and consider the following bids: (1) One 25 ton lowbed semi-trailer for Precinct 3. (a) Loadcraft Trailers - Loadcraft L-25-RS $11,332.32 (b) Twin City International, Inc. - Nuttall 225E $10,267.00 - Alternate Bid - Loadcraft $11,395.00 (c) Mustang Tractor and Equipment Company - CMI Load King PCS - 252 $$16,515.00 (d) Allen-Jensen, Inc. - Hercules - 25 DLB $16,727.46 After opening all bids Commissioner Beard requested authorization to review all bids before awarding bid. It was the consensus of the Court to allow this request and to award the bid at the next meeting. (2) Moving Contractor for moving office furniture and equip- ment for various County Offices from the Courthouse Annex. i•, I VO-Lf-P 4 ~ 1 ~ ~I i t a 1 i ,j r j • ` r 1 (a) Conlee Brothers Moving and Storage Supervisor - 50 man hours - 15.00 per hr.- 750.00 Helpers - 275 man hours - 12.00 per hr.- 3,300.00 Moving Van - 50 hours - 12.00 per hr. - 600.00 Small equipment or book dollies - $7.50 each per day if authorized. TOTAL $4,650.00 (b) Nixon Transfer & Storage Company Supervisor - 50 man hours - 20.00 per hr.1,000.00 Helpers - 275 man hours - 10.00 per hr.2,750.00 Moving Van 50 hours - 10.00 per hr. 500.00 i TOTAL 4,250.00 After discussion and on motion by Commissioner Beard, seconded by Commissioner Cooley, the Court voted unanimously to award the bid to the lowest bidder and to sp ecify that the County would pay for only the total hours used. On motion by Commissioner Wilcox, seconded by Commissioner Stasny, the Court unanimously voted to approve request for Soil Conservation work requiring approximately 2 hours motor grader work to be done on the Emmet Holt property It miles west of the Edge Community on the South side of FM 974. Work to be completed by December 31, 1982. The Court next considered the following Requests for Proposed r i• Installation In County Right-Of-Way: (1) Ferguson Crossing Pipe Line Company requested authori- zation to install a 4 inch natural gas pipeline in: (a) Steep Hollow Road in Precinct 3 4. (2) Wixon Water Supply Corporation requested authori- zation to install a water line across Dilly Shaw Tap Road in Precinct 2. (3) Seminole Pipeline Company requested to install a 4 inch pipeline across: (a) Hopes Creek Road in Precinct 1 (b) Koppe Bridge Road in Precinct 1 - 2 locations (c) Rock Prairie Road in Precinct 1 (d) I & GN Road in Precinct 1 On motion by Commissioner Stasny, seconded by Commissioner Beard the Court voted unanimously to approve all applications as sub- mitted. On motion by Commissioner Cooley, seconded by Commissioner Beard the Court voted unanimously to deposit the $4,500 submitted by Seminole Pipeline Company for the above road crossings in the Road and Bridge No.II - Precinct I budget. VOLZPAGIE %15-7 { i t On motion by Commissioner Stasny, seconded by Commissioner Beard the Court voted unanimously to approve the statement from R. B. Butler, Inc. in the amount of $33,429.60 for madifecations to the Brazos County Courthouse Annex and Tax Office. On motion by Commissioner Wilcox, seconded by Commissioner Stasny the Court voted unanimously to authorize the County Judge f . to enter into a 3 year contract with General Telephone Company for expanded telephone service. ; On motion by Commissioner Cooley, seconded by Commissioner Stasny the Court voted unanimously to approve the Change of Status ; of the following employees: Elaine Hanus Tax Office Robyn Warecham Tax Office Kathleen Irene Ervin District Clerk's Office Patricia Ann Hinson District Clerk's Office Teri Bradfield Usiak County Attorney's Office Helen Marie Welch County Attorney's Office Jimmy Dale Hunt 85th. District Court Cassandra Marak Tax Office Michele Conatella Tax Office Sandra Sandoval Tax Office ' Carolyn Cheatham Tax Office ` Debbie Ann Ploski Juvenile Probation Elizabeth N. Stanford Tax Office Debbie Towslee Tax Office Donna Kay Wright Juvenile Probation Winfred E. Pittman Constable Precinct 7 The Court next considered the following claims submitted by the Treasurer for payment: General Fund Claims 266 through 466 Revenue Sharing Claims 4 through 5 Law Library Claims 1 through 3 T.Y.C. Claims 5 through 8 , Road & Bridge - Shop Claims 22 through 23 Precinct 1 Claims 11 through 21 Precinct 2 Claims 20 through 31 Precinct 3 Claims 21 through 36 Precinct 4 Claims 18 through 26 On motion by Commissioner Beard, seconded by Commissioner Stasny • the Court voted unanimously to pay the claims as submitted. Next to be discussed were the following Plats: Final Plat of WOODLAKE Subdivision,.Section II, Phase III in Precinct I. After-reviewing the Plat and on,motion by Commissioner Cooley, seconded by Commissioner Wilcox, the Court voted unanimously to approve the Plat as submitted. i ; CEO Y , 1 I i I 1 . i r. VC The County Judge laid before the Court a letter from the State Department of Highways and Public Transportation asking the Court to verify the total number of Lateral Road miles in Brazos County to their Department by March 1, 1982. This information being necessary for the State Treasurer to devise a formula to distribute State Lateral Road Funds. It was the consensus of the Court to take this action at the meeting to be held February 22, 1982. The County Judge then requested authorization to advertise for bids for ballot boxes and ballot transfer cases to accomodate the additional voting precincts established by redistricting. On motion by Commissioner Cooley, seconded by Commissioner Beard the Court voted unanimously to grant the requests and authorized the advertisement. There being no further business the Court adjourned. Wg'7r' PAGE ' r - - The foregoing minutes have been examined and approved in open Court this the __~L2= day of 19, in Bryan, Brazos County, Texas. r . J. o i4gq-reen Count Judge Wa ter Wilcox Commissioner, Precinct 2 i i r I i i 1 .i i i ~ 1 I r r 'i i J. o Commissio , Precinct 1 Klly/y. Bear Commsioner, Precinct 3 lam/ ` W. A. Stasny ran Boris ie Commissioner, Precinct 4 County Clerk VOI:j~.PAGE~ T a I 1 S r, r r i 1 ` 1 i i i i i 1 •'1 1 THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL x i s, Ft•": ~ y'rK ' .tl r t~ nt i I- - „ rjl s .~:rC ,i`V~: a.. r9tti.-L f >?Lr .=i•e~•'~-ry • .14 , fir',':;;~ ,;`~s '1.LXu4'•~'•Ll„p-.` ~,.~~"9rct"" 7`r•~,r• •i~•»•'~~t,`:::,~ d',• - ,L••,f v a ,,f• - 'tit' 'i' ^ f! fi; -f 4 '1 ~ } 1, {'i •@ D•'• % b.i 1'p , l ¢ T , 160 cc cy ark N %k Ilk Yr. % 00 I 4e r 4p % e 'i. • ..y.~-fir ~ f 3~ 'Q~~r`.r. ,Rw e ;b T~QMAS rt a0 PARK , . ? 370.34' g2 R_TREATER , M , •0 'TE ~ ` TANK lo~ ' S` , -X 4`~..rrrs; ;'+."1;••Y♦ gyp''. . 1,Q~ „ ter. ~ • ' I B 'O5 COUNT`ft -r;,, SHOP. •~r`, NOTE-ALL SETBACKS ARE IN ACCORDANCF'WITF • STREET-w---T; SECTION 16.80.2 OF THE CITY DRILLS, PIERCE ORDINANCE OF BRYAN,1TEXA5;' Al< &Vol C , I •:A % Ci. voiz- 1 t 4 1 •y7 ' . 1 1 1 d _ rl LEASE AGREEMENT - THE STATE OF TEXAS § i COUNTY OF BRAZOS § This lease and agreement by and between the City of Bryan, Texas, a municipal corporation, hereinafter called "Lessor", and"' Brazos Animal Shelter, Inc., a non-profit Texas Corporation, _ • hereinafter called "Lessee." WITNESSETH: -WHEREAS, Lessor and the City of College Station and Brazos i County, Texas are authorized to enter Intergovernmental Agreements ? = ~ pursuant to V.A.C.S., Art. 4413(32) et seq. and V.A.C.S., Art. 4434; and f WHEREAS, in connection with an Intergovernmental Agreement by'and between Lessor, the City of College Station and Brazos -3 County, Texas, Lessor has agreed to provide a site for Lessee's animal shelter; , NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: (,,r Lessor, for and in consideration of the benefits to be derived by the citizens of the City of Bryan, the sum of One Dollar ($1.00) G~J and the rental terms and conditions set forth below, does lease to Lessee the surface estate of that certain tract or parcel of land Y•' in the City of Bryan, Brazos County, Texas, described on Exhibit "A" which is attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the surface estate of said property, here- inafter called "premises", so long as this.lease agreement remains in effect, subject, however to the following conditions, to-wit: O P&0F--iV , i - i. I L •3 rr 4 4 I. 4 4 l F ~k it! i• C i t h a f • a 1 ~ f. a, r ~ 1 i. ti 'r f •3 t , v+ T PART I. TERM OF LEASE This lease shall be for a period of ten (10) years beginning July 1, 1981, and ending June 30, 1991. Lessee shall give Lessor written notice at least ninety (90) days prior to expiration of the term of the lease agreement of its intention to seek a renewal of this lease agreement for a successive -term of ten (10) years. PART 2. DUTIES OF LESSEE ~ Lessee agrees to do the following at 'its own cost and expense: 1. Construct, operate, maintain and administer an animal shelter upon the premises. 2. Conform to all applicable ordinances, regulations, orders and laws with respect to the construction, operation, maintenance and administration of such animal shelter. PART 3. USE OF PREMISES Lessee agrees to use the premises in connection with the construction, operation, maintenance and administration of an animal shelter upon the premises for the use and benefit of the public of the Cities of Bryan and College Station and Brazos County, Texas and for no other purpose. PART 4. SUBJECT TO EXISTING OBLIGATIONS AND CONDITIONS This lease agreement is made and accepted subject to all out- standing covenants, restrictions, easements, obligations, reser- vations, ordinances and conditions in effect and which affect the premises. PART 5. NON ASSIGNABILITY Lessee shall not assign or sublet its interests or rights under this lease agreement without the prior written consent of the Lessor. - 2 - VOLZPAGE_ )SI5 PART 6. HOLD }HARMLESS Lessee agrees to be responsible for and to indemnify, defend i C. y and hold harmless the Lessor, its officers, agents and employees, f from all loss or damages and any or all claims, suits and actions of any kind or description, arising by reason of accidents, in- juries or damages to persons or property, caused by or resulting _ from acts or omissions of the Lessee, its agents and employees, arising out of or resulting from the use of said premises or from any failure of Lessee to perform its obligations under this lease i agreement. PART 7. TERMINATION Either party to this lease agreement may terminate this lease °y agreement upon default by the other party. EXECUTED this the 0 day of 1981. ATTEST: Dorothy D. tlallett,Glty Secretary LESSOR - CITY OF BRYAN By ~ili~l LltiLlf l j~2uC 1~ Richard A. Smith, Mayor \ 14 APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: ~ At rnest V. Bru hez Ernest R. Clark Ci Attorney City Manager LESSEE - BRAZOS ANIMAL SHELTER, INC. c By Llt til (7~ cl~ Director VOAGE44:yy By Directo BY c- , Dire 51or - 3 - t 4 .V i ,f t ~I. .i 4~ + i ' a I r Y S' jl ~r k k. f F, t ,~4 • N ~ X41 EXHIBIT "A" to LEASE AGREEMENT Being a parcel of land lying and being situated in the Zeno Phillips League, Brazos County, Texas and being that tract of land conveyed to the City of Bryan, Texas by Joseph S. Wright by deed - dated May 8, 1958 and recorded in Volume 189, page 141, Brazos County Deed Records, and being more particularly described as follows: BEGINNING at a point in this west right-of-way line of Finfeather Road; said corner being the east corner of a tract of land now or formerly owned by Useable Space and Storage Ltd.; THENCE southeasterly along the west right-of-way line of ! Finfeather Road for a distance of 176 feet, more or less, to a' point for corner; THENCE S. 44° 00' W. with the common boundary of a tract of land now or formerly owned by Bobby Holiday a distance of 530 feet, more or less, to a point for corner; THENCE N 44° 03' W. a distance of 150 feet, more or less, to a point for a corner; THENCE N. 44° 00' E. with the common boundary of said tract of land now or formerly owned by Useable Space and Storage Ltd., a distance of 618.8 feet, more or less, to a point, said point being the PLACE OF BEGINNING and containing 1.98 acres of land, more or less. i I~ - VoL._P~1GE~ j "2 '1 7 a AGREEMENT_FOR ANIMAL SHELTER SERVICE THE STATE OF TEXAS § COUNTY OF BRAZOS § This agreement made and entered into as of the 8th day of February . 1982 , by and between the County of Brazos, a body politic, the City of College Station, a municipal corporation, the City of Bryan, a municipal corporation, (herein- after collectively referred to as "Agencies") and the Brazos Animal Shelter, Inc., a Texas non-profit corporation having its principal place of business in Brazos County, Texas (hereinafter referred to as the "Animal Shelter"); WITNESSETH: WHEREAS, V.A.C.S., Art. 4413(32c), et seq., and V.A.C.S., Art. 4434 authorize agreements of this nature; and WHEREAS, there is no adequate public animal shelter within Brazos County; and WHEREAS, the Animal Shelter proposes to construct, operate, maintain and administer an animal shelter for the purpose of sheltering lost, unwanted, sick and injured animals until humanely disposed of in accordance with applicable ordinances and the humane principles of the Animal Shelter; NOW, THEREFORE, The parties hereto agree to the utilization of the animal shelter to be operated by the Animal Shelter as the place of impoundment for all animals seized in accordance with the pro- visions of applicable ordinances, orders and laws under the following conditions: 1. The Agencies agree that they are fully responsible under the provisions of their respective ordinances, orders and laws i VOP&GE_ i 1 1 tl I l~ 1 r i i - • r m t y r i i i i i t for carrying out all enforcement provisions within their respective jurisdictions and that the Animal Shelter shall not be required to apprehend and seize any animals found running at large. 'L. The itoencies agree that all animals seized within their respective jurisdictions by their duly appointed agents, shall be 'delivered to the above-described animal shelter, there to be impounded under the exclusive control and custody of the Animal Shelter for periods of time as required by State law and the applicable ordinances, and orders except as hereinafter set forth. 3. The Agencies agree to pay to the Animal Shelter the fees for animals received from within the respective Agencies juris- dictional limits in the amounts and as set forth on Exhibit "A" which is attached hereto and made a part hereof for all purposes. 4. The Animal Shelter agrees to credit the Agencies for the fees set forth on Exhibit 'W'. 5. Each of the Agencies represent to the Animal Shelter that it has in force ordinances or orders providing for the vaccination and licensing of animals under appropriate circumstances, providing for impounding of animals running at large, and providing for the condemnation or sale of animals, and that while this contract is in effect, such ordinances or orders will be continued in force, provided, however, that such ordinances or orders may be modified from time to time as such Agencies deem appropriate. The Agencies agree that to the extent that they have power so to provide, every animal not claimed and redeemed by the owner before the expiration of five (5) days from the date of impoundment shall become the sole and exclusive property of the Animal Shelter, so that neither the Agencies nor any agency nor agent of the Agencies, nor of the 2 - VO~PE9GFOOZ-q I i i i 1' - I ' State of Texas, nor any institution, corporation nor individual shall have any claim or right to any animal not claimed and re- deemed. The Agencies agree, that the :animal Shelter shall have the undisputed right, consistent with the respective ordinances and orders of the Agencies, to humanely dispose of every animal given into its custody in accordance :with the Animal Shelter's principles as follows: a. To place animals in the care, custody and control of new owners; and b. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care custody and control of new owners. 6. The Animal Shelter agrees that all financial statements and reports shall be submitted in a fora approved by the Agencies. 7. The Animal Shelter agrees to accept each and every animal delivered to its animal shelter located in Brazos County, Texas, by the agents of the Agencies and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Animal Shelter provides for all other animals which may code into its care, custody and control. 8. The Animal Shelter agrees that it will keep its animal shelter open to the public for not less than three hours per day on weekdays, and not less than three hours on Saturday for the purpose of giving owners ample opportunity to redeem their impounded animals. 3 - VO ,~.PAG1E&f ii w -e7 "d 6 J• r r~ 9. The Animal Shelter agrees that it shall require every owner seeking to redeem an impounded animal to pay the then current impoundment fee together with the cost of board at the then current rate for the animal so impounded.. Further, the Animal Shelter shall require the owner of every impounded animal to pay all applicable fees including registration and vaccination fees of an impounded animal which has not been inoculated and licensed as appropriate and, if appropriate to have such animal inoculated against rabies and registered before redeeming such animal. 10. The Animal Shelter agrees that in accordance with Para- graph 5 of this agreement, that if the owner of an impounded animal shall claim the animal prior.to the Animal Shelter disposing of the animal under (a) or (b) of that paragraph, the Animal Shelter shall collect from the owner the total impoundment, board- in-, and registration fees due. 11. The Animal Shelter agrees to collect all impounding, boarding and registration fees from animal owners which are payable under this contract and/or existing ordinances or orders or any amendments thereto of the Agencies. And further, that the Aniua.l Shelter will submit to the Agencies on a monthly basis a statement of all such fees collected during the next preceding month. 12. The Animal Shelter agrees to provide to the Agencies on i or before the 15th day of each month during the term of this ' contract a statement of its revenues and disbursements from all sources for the preceding month. Further, the Animal Shelter agrees to provide the Agencies with a monthly record categorized by the Agencies respective jurisdictions to include the following: 4 ` 4 - VO ~PAGO_Z2 I i i mss. a. The number of dogs, cats and miscellaneous animals received by the Animal Shelter. b. The number of animals euthanized. c. The number of animals in rabies observation, to be broken down as to number redeemed by owners and number of days in custody. d. The number of animals neutered or spayed. e. The number of impoundments. f. The number of adoptions. The Agencies reserve the right to require a complete audit of the records of the Animal Shelter at any time deemed necessary by such Agencies. 13. It is mutually agreed that any and all donations, con- tributions or any other thing of value given to the Animal Shelter or its agents, as a result of any service performed in carrying out the provisions of this contract, and which is in excess of the amounts properly chargeable for such service shall be credited \ to the operating and maintenance account of the Animal Shelter, and that in the event such donation or contribution exceeds the amounts required to operate and maintain the Animal Shelter then such donations or contributions shall be deposited in the capital improvements account of the Animal Shelter. 14. It is mutually agreed that the Animal Shelter shall provide facilities for-rabies observation for at least six dogs and eight cats. /Animals delivered to the Animal Shelter by the Agencies for rabies observation shall be isolated for a period of not less than ten days. - S - s~ i i ` a r a d 4 t i JJ 1 ,i s Vo ~'A~~ ,y L t t n } f I, x q t i I 15. It is mutually agreed that the Animal Shelter shall have the sole and exclusive right to determine the responsibility of persons offering to become the owners of unclaimed animals and the suitability of homes offered, and the Animal Shelter shall have the sole and exclusive right to accept or reject such applicants for unclaimed animals. 16. It is mutually agreed that the Animal Shelter shall have the ri;;ht but not the obligation to contract with third parties on terms and conditions that the Animal Shelter, in its sole discretion deems advisable for the construction, operation, main- tenance, repair and/or administration of all or a portion of the animal shelter or any of the services authorized to be provided by the Animal Shelter as herein set forth. In the event that the Animal Shelter elects to contract with third parties pursuant to this Paragraph then the Animal Shelter shall require good and sufficient indemnification of the Agencies and the Animal Shelter by such third parties and agreement by such third parties to hold the Minimal Shelter and the Agencies harmless from any and all costs of every kind and nature arising out of or resulting from any claim, cause of action, suit or judgment arising out of or t in connection with any work or services performed by such third s parties including, without limitation the officers, agents and employees of such third parties. t ' 17. It is mutually agreed that neither party to this contract shall be bound by any conditions not expressly stated in this agreement. Further, it is mutually agreed that in all cases of j - 6 - 1 4 V®PIG~ - - - - - - - __+-~I}'..; yea •i ~Jl f. ~'4.. ~ 1° t 1 conflict between this contract and the respective ordinances and orders of the Agencies, the ordinances and orders shall prevail. 18. It is agreed that all the terms of this contract shall remain in full force and effect until amended, superseded by a new agreement, or cancelled by either party as herein provided, and shall not be terminated by either party without written notice having first been served at least thirty (30) days prior to the date of termination by the party desiring to terminate this contract. 19. It is mutually agreed that any amendments made to this contract upon being agreed to and signed by both parties shall become part of this contract. 20. It is mutually agreed that this contract revokes all former agreements for impounding animals, written and oral, entered into by the parties. IN WITLESS WHEREOF, the said Agencies and the said Animal Shelter have hereunto caused their respective corporate names and seals to be hereunto subscribed and affixed by their respec- tive officers first thereunto duly authorized as of the date hereinabove first written. ATTEST: BRAZOS COUNTY, STATE OF TEXAS e,atd t By 7 0' a, 'rank Boris ie, County C er R. J. E lmgreen, Co ty Judge APPROVED AS TO FORM: Je f r wn, County Attorney :A - 7 - V0LZPAG10&&_" -t -r • .G r is 0 f l 4 t ATTES CITY OF CO E STATION, By Glenn Shroeder, City Secretary Gary Harter, Mayor AS TO FORM: OF TEXAS Lowell Denton City attorney ATTEST: CITY OF BRYAN, STATE OF TEXAS By jLtt A4 l4ftV Dorothy D. Malle Richard A. Smith, Mayor City Secretary APPROVED AS TO FORM; APPROVED AS TO SUBSTANCE: By nest V. Bruchez Ernest R. Clark, City Manager City Attorney ATTEST: BRAZOS ANIMAL SHELTER, INC. 1 ~ Yr.A B B r - 8 - f vOl~-/IPAG1E~ ,.J•. , l 1 I i .I INTERGOVERNMENTAL AGREEMENT THE STATE OF TEXAS § COUNTY OF BRAZOS § This Agreement, made and entered into this 8th day of February , 198 2 , by and between the County of Brazos, a body politic, hereinafter referred to as "County", the City of College Station, a municipal corporation, hereinafter referred to as "College Station", the City of Bryan, a municipal corporation, hereinafter referred to as "Bryan", and the Brazos Animal Shelter, Inc., a Texas non-profit corporation, hereinafter referred to as "Corporation". WITNESSETH: WHEREAS, V.A.C.S., Art. 4413(32c), et seq., and V.A.C.S., Art. 4434 authorize agreements of this nature; and WHEREAS, it would be in the best interest of all of the above referenced parties to participate in the organization, administra- tion and common use of a central animal shelter (the "Animal Shelter"); and WHEREAS, Bryan presently has land which is particularly described on Exhibit "A", attached hereto and made a part hereof, which Bryan is willing to lease to Corporation as a portion of the contribution of Bryan to the implementation of this agreement and the commencement of the operation of the Animal Shelter; and u, h k r[ Y+ n V PAGE e, I r 4 ' ` y s t ti• G t WHEREAS, it is the intent of the parties hereto that Corporation will be responsible for the construction, operation, maintenance and administration of the Animal Shelter and the governing bodies which are parties hereto desire to enter into this intergovernmental agreement for the purpose of defining the manner in which each and all of the parties will participate in the construction, operation, maintenance and administration of the Animal Shelter; and WHEREAS, the parties hereto declare that the agreement shall consist of the following: 1. GENERAL PROVISIONS. Corporation shall lease from Bryan, pursuant to the Lease Agreement attached hereto as Exhibit "B", and made a part hereof for all purposes, certain real property described therein for the purpose of constructing thereon, ex- panding, organizing, administering, maintaining and operating the ;mirial Shelter on the land so leased, and shall construct, operate, maintain and administer the Animal Shelter as provided herein. 2. POWERS OF THE CORPORATION. The parties hereto agree that Corporation shall be empowered with the authority and on its own behalf or pursuant to a written contract with third parties, to: (a) Improve, construct, maintain, repair, control, reg- ulate, administer and operate the Animal Shelter as a complete animal shelter for the use and benefit of the parties to this agreement. (b) Retain in custody, on a temporary basis, animals - ~i j taken into possession by the respective governing bodies. As used herein the term "animals" shall include, but is not limited to, dogs, cats, cattle, ,~4• t I - 2 ~ ' VON 30a PACE - r, r'__--, a.vaq "LAu p11 v6UC1 UVUI=O.ll" UL W11U animals of any kind or description. (c) Establish a clinic for the purpose of spaying and neutering dogs and cats. (d) Contract and purchase all reasonably necessary supplies, equipment, materials and services, in- cluding professional services, and further to hire and discharge employees and service organizations deemed reasonably necessary to operate the Animal Shelter. (e) Charge fees for the use of the Animal Shelter which shall be established by Corporation and which shall be uniform. To evidence the agreement of the parties hereto in connection with the foregoing, the parties hereto hereby agree to execute the Agreement for Animal Shelter Service which is attached hereto as Exhibit "C" and made a part hereof for all purposes. 3. CONTRIBUTIONS TO INITIAL CAPITAL COSTS. Each of the partie4\ hereto agree the initial capital cost shall be contributed to Corporation on the basis and in the respective amounts as set forth on Exhibit "D" which is attached hereto and made a part hereof for all purposes. The parties agree they shall appropriate the required amounts by the first day--of August, 1981, and shall make said monies avail- able to Corporation out of current funds as becomes necessary from ticne to time during the year. VOL=PAGE - 3 - i~ k r t t 4. CONTRIBUTION TO OPERATING COSTS. The annual operating costs 14 t i i Y S' i of the imimal Shelter shall be funded to Corporation by the respective parties hereto according to and in the respective amounts as set forth on Exhibit "D" which is attached hereto and made a part hereof for all purposes. The parties agree to appropriate and make available to Cor- poration out of current funds the amounts as set forth in Exhibit "D" by the first day of each calendar quarter of the year during which said monies are to be expended by Corporation. 5. REAL PROPERTY. The parties hereto agree, consent and approve the lease of property by Corporation from Bryan for the Animal Shelter in accordance with Exhibit B„. 6. CAPITAL IMPROVEMENT FUND. Corporation may establish a capital improvement fund with surplus revenues generated by operation of the Animal Shelter. The uses to which said fund may be put include, but are not limited to replacement of capital equipment, procurement of new capital equipment and expansion of the itniria1 Shelter. 7. CONTINGENCY FUND ESTABLISHED. Corporation shall establish a contingency fund which shall not exceed seven (7) percent of the preceding year's actual expenditures. The money for said fund shall be generated from impoundment fees, boarding fees, and other inci- dental sources of revenue. Said contingency fund shall be used to defray the costs of unanticipated operating expenses. 8. BUDGET. Each year, Corporation shall prepare a budget and submit said budget to the governing bodies of the parties here- - 4 - r VOL~' PAGE t r~ .e 1 S i 4 c i to for approval. Said budget shall be submitted by August 1st of each year that this Agreement is in effect. The budget shall contain detailed estimates of the operating costs of the subsequent year. The parties hereto agree to fund the approved budget based upon the formula contained in Exhibit "D" of this Agreement or upon such other basis as may be from time to time determined by the parties hereto. 9. FUNDS AND OPERATIONS. Corporation agrees that the various monies paid to the Animal Shelter by the parties hereto, and any monies generated by the Animal Shelter itself, shall be placed into Corporation's accounts and any expenses incurred by reason of operation of the Animal Shelter shall be paid from such accounts. All monies belonging to Corporation or designated for use by Corporation shall be deposited in the name and to the credit of Corporation with such depositories as Corporation shall from time to time designate. Corporation agrees that no disbursements shall be made from the;t funds of the Animal Shelter except by check, or unless a verified claim for services or commodities actually rendered or delivered has been first submitted and approved for payment by Corporation, said approval being evidenced by the written approval of the directors of Corporation. Corporation agrees it shall not borrow money nor shall it approve any claims or incur any obligations for expenditures unless I i ' there is sufficient unencumbered cash in the appropriate fund, • j i , credited to Corporation, with which to pay the same. 1 - S - i i VO&, PACE ♦ I V- F 4 f, r } i `r .1 r In the event revenues are realized by Corporation which are deemed to be surplus by the directors of Corporation then such surplus revenues shall be paid to the respective parties hereto in the same ratio that said parties are required to contribute to to the Corporation for maintenance, operation and administration of the Animal Shelter. 10. BOOBS AND RECORDS. Corporation shall maintain or cause to be maintained adequate and correct accounts of its funds, properties and business transactions, which accounts shall be open to inspection at any reasonable time by the parties hereto, their attorneys, or their agents. Corporation shall cause to be 1 conducted an annual audit, which audit shall be conducted by an independent certified public accountant, registered accountant, or partnership or certified public accountants or registered accountants licensed to practice in the State of Texas. Corporation shall file a copy of said audit with the governing bodies of the respective parties hereto. 11. REPORTS. Within 30 days after the end of each fiscal year, Corporation shall prepare and present to the respective City Councils and County Commissioners, a Comprehensive Annual Report of Corporation's activities and finances during the preceding year. Corporation shall also prepare and present such reports as may be required by law, regulation or contract to any authorized federal or state officials or to whom such report is required to be made in the course and operation of the Animal Shelter. Corporation shall also render to the parties hereto, at reasonable intervals, such reports and accountings as the parties hereto may from time to time request. 6 - vo LZPAGEM92 F { I I ~ -j ( r i t r Ii L 1 1 r i 12. DEFAULT IN PERFORMANCE. In the event any party hereto fails to pay its share of the capital or operating costs then due, or to perform any of its covenants and undertakings under this agreement, Corporation shall cause written notice to be given to such defaulting party, of its intention to terminate said agree- ment as to such party in default, unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said default within said thirty (30) day period, the member of Corporation representing such party in default shall thereafter have no voting rights as a member of Corporation at any annual, regular or special meetings thereof, nor be entitled to representation in connection with or before Corporation, and said defaulting party shall thereafter be denied service by the Animal Shelter. This article is not intended to limit the right of any party to this agreement to pursue any or all other remedies it may have for breach of this agreement. 13. TERMINATION OF AGREEMENT. (a) This agreement shall be in full force and effect for a term of one (1) year from the date \ of the execution of this agreement, subject to amendments pursuant to Section 14 of this agreement or until sooner terminated by a majority of the parties hereto. (b) Upon termination by mutual agreement of a majority of the parties to this agreement, the powers granted to Corporation under this agreement shall continue to the extent necessary to make an orderly and effective disposition of the property and equipment used in connection with the Animal Shelter and all animals then remaining impounded at the Animal Shelter. 7 - i I A 1 i i r,. ' ~F C~ :z (c) Except pursuant to a mutual agreement by all parties to this aoreernent in the event that any party hereto elects to terminate its participation in this agreement prior to the end of any period of this agreement, such party shall be considered in default of this a-reement and accordingly shall forfeit its entire monetary contribution to Corporation. (d) Upon termination of this agreement by mutual agreement of a majority of the parties hereto, the leased premises described in Exhibit "B" together with any improvements thereon located shall revert to Bryan. Any cost for liabilities incurred by Corporation I; prior to and in connection with the termination of this agreement and as an expense of termination shall be borne by each party to the agreement in the same ratio as it is required to contribute i to the then current Corporation operating costs fund. 14. AMENDMENT. This agreement may be amended at any time by agreement of a majority of the parties to this agreement subject to the approval, if required, of the various governing bodies. 15. SEVERABILITY CLAUSE. If any provisions of this agreement or the application thereof to any party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the agreement which can be given effect without the invalid provision or application, and to this end the provisions of the agreement are declared to be severable. G i i, g _ i . ~t iI s~ VOLZPAGLVY_-?./ f f 3 IN WITNESS WHEREOF, the parties hereunto have caused their ' respective names and seals to be affixed hereto, as of the day and year hereinabove set forth. ?ATTEST: BRAZOS COUNTY, STATE OF TEXAS By frank Bori k' County Clerk R. J. o mgreen, unty Judge APPROVED AS TO FORM: Jegff'Br6dwn, County Attorney ATTEST: CITY OF CO E STATI ST E OF TEXAS By Glenn Shroe er, City Secretary Gary er, Lowell Denton Cit Attorney ATTEST: / CITY OF BRYAN, STATE OF TEXAS B 4162l /,k R Gl }f7tiulZG, Dorothy D. Mallet Richard A. Smith, Mayor City Secretary APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: I A~ ; B u f •r. L est V. Bruchez Ernest R. Clark, City Manager City Attorney ATTEST: BRAZOS ANIMAL SHELTER, INC. I By Director , By I Dir o • i BY ~ Dire for .r t t i' f E~ ~I r C E r " i ~i i EXHIBIT "D" to INTERGOVERNMENTAL AGREEMENT Contributions to Initial Capital Costs County of Brazos City of College Station City of Bryan Contributions to Ooeratina Costs (0&M $ 5,000.00 $ 30,000.00 $ 30,000.00 $ 65.000.00 S_ TOTAL The County of Brazos, City of College Station and City of Bryan shall bear all 0 & M costs after reduction for all revenue or other income received by the Corporation. Upon and after an 0 & M budget is determined and adopted, the ratio of the respective contribution by the County of Brazos, City of College Station and City of Bryan to the whole 0 & M budget shall be based upon the number of "animal-days" (hereinafter defined) attributable to the respective agencies and calculated in accordance with the following example. Animal-days are the sum of the number of animals originating from the respective agencies' jurisdiction or the owners of which aninals reside in the respective agencies' jurisdiction times the nw.iber'calendar days such animals are retained at the animal shelter. Exanple Assume the City of Bryan has 20 animals, the City of College Station has 10 animals, and the County of Brazos has 5 animals con- fined each day for three months. Bryan - 20 animals x 92 days = 1840 Animal-days College Station- 10 animals x 92 days = 920 Animal-days County of Brazos- 5 animals x 92 days = 460 Animal-days 3220 Total Animal-days If the quarterly 0 & M budget is $6,000 the initial charge per f Animal-day would be $6,000 3220 Animal-days = $1.86 per Animal-day r If after offset of all revenue and other income received by the Corporation there remains a deficit at the end of any calendar quarter, an assessment would be made against each of the respective agencies in the ratio the respective agencies usage of the animal shelter bears to the aggregate of the animal shelter's usage. vo 1,ZP,ace~ i" 1 i a - - - - - - - / EXHIBIT "D" to INTERGOVERNMENTAL AGREEMENT Using the above by way of illustration any deficit would be allocable as follows: 1840 City of Bryan: 3220 s 57.1% 920 City of College Station: 3 20 - 28.6% 460 County of Brazos 3220 0 14.3% 100% TOTAL s i k 2 - i V0QfPACE-VZ9K