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HomeMy WebLinkAbout1987-01-12-1000AM-RegularBRAZOS COUNTY BRYAN. TEXAS 1901 JAN -9 AI? S. 42 9-"12 UGC _ . ® AGENDA FOR COMMISSIONERS' COURT MEETING - MONDAY, JANUARY 12, 1987, 10:00 A.M. 1. Approval of the Minutes of the meeting held on December 22, 1986. 2. Receipt and acknowledgement of Certification of Juvenile Facilities by the Juvenile Board. 3. Selection of Salary Grievance Committee for 1987. 4. Approval of Bonds for County Officials. 5. Consideration of waiver of County Judge to sign purchase orders for all Road and Bridge funds. 6. Consideration of the reappointment of the following to the Brazos County Recreational Facilities Advisc-y Committee for a 2 year term of office: Judy Rychlik John Richards Claude Mounce George Blevins Richard Perkins Clara Mounce r 7. Take action on the emergency repair of Long Trussel Bridge with Grimes County. 8. Resubdivision of a part of Rustic Oaks. 9. Set the rate for travel reimbursement for 1987. 10. Set the Holidays for Brazos County employees for 1987. 11. Consideration of Budget Amendments. 12. Presentation by Mr. Lonnie Williams of the Highway Depart- ment concerning Highway 6 North and to consider and take action on contract. 13. Consideration of change in status of employees. 14. Consideration of Certificates of Cancellation and/or Cor- rections for the Tax Office. 15. Payment of Claims 16. Other Business 6, VOL :r, COMMISSIONERS' COURT REGULAR MEETING JANUARY 12, 1987 A regular meeting of the Commissioners' Court of Brazos County, Texas, was held in the Commissioners' Courtroom in the Courthouse in Aryan, Brazos County, Texas, beginning at 10:00 A.M. on Monday, January 12, 1987, with the following members of the Court present: R. J. Holmgreen, County Judge, presiding; Bill J. Cooley, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Billy E. Beard, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Frank Boriskie, County Clerk. The following citizens and officials were in attendance: Ruth McLeod Administrative Assistant Carol Snedeker Administrative Assistant Bea Green Secretary to Commissioners Sharon Fairchild Auditor Rebecca Schults Purchasing Billy Eubanks County Engineer Sandy Walker Treasurer Ronnie Crocker Bryan/College Station Eagle Alice Brown KBTX-TV Bob Luna KBTX-TV Terri White Asst. Treasurer Ernie Wentrcek Juvenile Services Travis Nelson District Clerk S. M. Kling Kling Engineering Chuck Clements WTAW Denise Fischer KORA Bill McLeod Texas Voting Systems Bill Turner District Attorney Robert L. Richardson State Dept of Highways Lonnie Williams State Dept of Highways The Court received, approved and ordered filed as submitted the following reports for December 1986: Jim Mazurkiewicz, County Extension Agent; Mike McKinney, County Extension Agent; Mable Walker, County Extension Agent; The Court received, considered and approved reports from County and Precinct Officers showing revenues collected and remitted to the County Treasurer. An excerpt from those reports is attached hereto. V®~ (1 6 X--\ i 3 ' Commissioners' Court Minutes January 12, 1987 4 I The County Judge laid before the Court the Certification of ~ i the Juvenile Facilities by the Juvenile Board. On motion by i Commissioner Beard, seconded by Commissioner Cooley, the Court • voted unanimously to accept the certification and ordered it 5 entered into the official records. A copy of the certification is ' I attached to and made a part of these minutes. I The Court proceeded to the selection of the Salary Grievence i I Committee for 1987 in accordance with law. The following names I f were drawn from the list of persons who served on the Grand Jury during the previous twelve months: 1. Rudy Grimaldo 2557 Allen Ridge I Bryan, Texas 77802 2. Alvin Larke Jr. 1402 Glade College Station, Texas 77840 3. Richard Ruffino ; Rt 3 Box 311 College Station, Texas 77840 r Alternate - 1. Charlie Mae Jones • 1219 Arizona Avenue College Station, Texas 77840 3 Alternate 2. Chester Jones s ' 1503 Brookhollow Bryan, Texas 77801 On motion by Commissioner Cooley, seconded by Commissioner Turner, 3 the Court voted unanimously to name the above listed persons as ' those to serve as the County Grievence Committee for. 1987. On motion by Commissioner Wilcox, seconded by Commissioner Beard, the Court voted unanimously to approve the official bonds for the newly elected county officials as follows: c Travis Nelson District Clerk Sandy Walker Treasurer i Wesley Hall J.P. Pct 7 P1 2 1 Walter Wilcox Commissioner Pct 2 i Carolyn Hensarling J.P. Pct 4 P1 2 Ray Truelove J. P. Pct. 3 1 Tom Lyons J. P. Pct 1 S Claude Davis Judge Co. Court at Law J. D. Langley Judge Co. Court at Law Milton Turner Commissioner Pct 4 Antone Dobrovolny J.P. Pct. 5 Frank Boriskie County Clerk Mary Horn J.P. Pct. 2 7 ad I VOL- Commissioners' Court Minutes January 12, 1987 The County Judge announced that he waived his right to sign purchase orders for the Road and Bridge Department and so made the motion. The motion was seconded by Commissioner Beard and carried unanimously. The Court next considered the reappointment of the following citizens to the Brazos County Recreational Facilities Advisory Committee for a two (2) year term of office: Judy.Rychlik John Richards Claude Mounce George Blevins Richard Perkins Clara Mounce On motion by the County Judge, seconded by Commissioner Cooley, the Court voted unanimously to reappoint the above mentioned citizens to the Brazos County Recreational Facilities Advisory Committee. The Court proceeded to take action on the emergency repair of Long Trussel Bridge across the Navasota River. The repair of the bridge was a joint project with Grimes County. On motion by Commissioner Beard, seconded by Commissioner Turner, the Court voted unanimously to approve the repairs and to pay Brazos County's portion of the cost of the repairs. The Court next considered the resubdivision of lots 9, 10 & 1, Block 1 and lots 12, 13 & 14, Block 2 of the Rustic Oaks subdivision in Precinct 3. The County Engineer recommended approval of the resubdivision subject to the following conditions: 1. Require no additional Construction Bond money 2. Require construction of the new road be completed by May 31, 1987. 3. Require new road to be in compliance with the subdivision regulations - specifically, require a plan profile sheet of the proposed road, compaction specifications prior to construction and drainage design adjustments as required. On motion by Commissioner Wilcox, seconded by Commissioner Beard the Court voted unanimously to approve the replat of the six lots of Rustic Oaks subdivision. The Court proceeded to set the rate for travel reimbursement for 1987. Commissioner Beard moved to set the rate at $.205 per mile in accordance with Internal Revenue guidelines. The motion was seconded by Commissioner Turner and carried unanimously. VO L PAC [a,~. D S _ r~ 1'\ • • C7 Commissioners' Court Minutes January 12, 1987 The Court next set the holidays to be observed by County offices during 1987. After discussion, Commissioner Turner moved to set the following days as the official holidays for Brazos County employees: January 19 - Martin Luther King's Birthday April 21 - San Jacinto Day May 25 - Memorial Day July 3 - Independence Day September 7 - Labor Day November 26 and 27 - Thanksgiving Day and day after December 24 and 25 - Christmas Eve and Christmas Day January 1, 1988 - New Years Day One floating holiday to be observed by an employee after preclearance by the Department Head, but would not require the closing of county offices. The motion was seconded by Commissioner Cooley. The Court voted unanimously to set the previously listed dates as the official holidays for all county offices. This would establish eleven (11) days as official holidays and that the county offices would be officially closed ten days in observance of official holidays. Next to be considered was Budget Amendment #02 to the 1987 budget for various departments. On motion by Commissioner Turnp seconded by Commissioner Cooley, the Court voted unanimously to approve the budget amendments as submitted. A full copy of the amendments is attached to and made a part of these minutes. The meeting continued with the Court considering the change in status of the following employees: DeLong Wanda Court Administrator Terminate Pierce, Susan Court Administrator New Employee Walker Sandra County Treasurer New Employee Hall, Wesley J.P. Pct 7-2 New Employee Bishop, Donna Tax Office Step Increase Cotty, Larry Sheriff's Office Step Increase Montemayor, Sonia Cnty Crt at Law #1 Step Increase Bengs, Denese Cnty Crt at Law #1 Transfer Mueck, Rebecca Cnty Cart at Law #2 Transfer French, Dorothy 361st Dist. Court Transfer Wolman, Mary 272nd Dist. Court Transfer Sprouse, Jenna 85th Dist. Court Transfer ,5 No i 1 f Commissioners' Court Minutes January 12, 1987 On motion by Commissioner Beard, seconded by Commissioner Cooley, the Court voted unanimously to approve the changes as submitted. Commissioner Cooley advised the Court that employees who had been hired at step 2 (experienced rate) of a pay group had been advanced to step 3 after a six (6) month probationary period. A majority of the Court indicated that they were not aware of this procedure and ordered that the procedure cease immediately and that a memo be distributed to all Department Heads advising them of the change in procedure. The Court next considered the following Claims as submitted by the County Treasurer for payment: On motion by the Commissioner Turner, seconded by Commissioner Beard, the Court voted unanimously to approve the Claims as submitted. The County Judge read to the Court the resignation of Mike McKinney as County Extension Agent. It was the consensus of the Court that the County was losing an outstanding County Agent and wished him well on his next assignment. There being no further business to come before the Court the County Judge recessed the meeting until 10:30 to allow Lonnie Williams with the State Highway Department and Public Transporta- tion time to return from an earlier meeting and address the Court. The meeting reconvened at 10:30 a.m. with the County Judge recognizing Lonnie Williams with the State Department of Highways 10 20 30 40 50 54 55 70 90 91 93 94 On General Fund-------------------Claims Road & Bridge------------------Claims Capital Projects & Improvements: Proposition I-----------Claims Law Library--------------------Claims Adult Probation----------------Claims Health Department--------------Claims Foster Care--------------------Claims Indigent Health Care-----------Claims Community Resources Officer----Claims Juvenile Commission Grant------Claims Sesquicentiennial-------------- Claims' Victim Assistance Program------Claims Line Checks - 27199 - 27200 70878 thru 71116 71199 thru--7-r-2-2T 71117 thru 71118 71119 thru 71129 71130 thru 71135 71138 thru 71147 71148 thru 71181 71182 thru 71188 71189 thru 71190 71191 thru 71192 71193 thru 71194 71195 thru 71198 V L ,07~0 E Commissioners' Court Minutes January 12, 1987 • • and Public Transportation. Mr. Williams informed the Court that the Highway Department was ready to proceed with the Highway 6 North project which would widen Highway 6 (US 190) from Loop 507 NW to the Robertson County line with the approximate cost of the right-of-way being $2,533,780.00. Mr. Williams presented an agreement between Brazos County and the State Department of Highways and Public Transportation whereby the County would contribute to the State an amount equal to ten percent (10%) of the estimated cost of the right-of-way to be acquired in Brazos ; County for the widening of the road. Mr. Williams stated that a public hearing on the project had been scheduled for February 7, 1987 and invited all members of the Court to be present. After discussion of the scheduled construction, Commissioner Beard moved i to authorize the County Judge to execute the agreement on behalf of Brazos County. The motion was seconded by Commissioner Cooley ! and carried unanimously. A full copy of the agreement is attached to and made a part of these minutes. There being no further business to come before the Court, I the meeting was adjourned. 1 S • n r.~ / Y OP& The foregoing minutes of the Commissioners' Court meeting held January 12, 1987 have been examined and approved in open Court this theNo- day of I&ql , 1987, in Bryan, Brazos County, Texas. Absent R. J. Holmgreen County Judge 2 Walter Wilcox ' Commissioner, Precinct 2 Mil Turner Commissioner, Precinct 4 Bi 1 J. oley Commi 'oner, Precinct/1 ly E eard Commis i ner, Precinct 3 Frank Borisk e County Clerk ~J P(f'LG OFFICER'S REPORT FCR December 1986 FRANK BORISKIE, OOUNTY CLERK Fees $ 28,980.75 County Judge's Fees 1,622.00 County Attorney's Fees 2,516.00 is Sheriff's Fees 1,213.50 State Arrest Fees 591.00 Bond Service Fees 288.00 Fees-Bryan/College Station -0- Sanitary Disposal 150.00 Appellate Judicial Fees -0- Probate Education Fees -0- Criminal Justice Planning 555.00 Law Enforcement Fees 56.00 Victims of Crime 828.00 Judicial Court Training 50.00 Law Library Fees 622.50 Road and Bridge Fines 13,527.00 Other (Trial Fees) 280.00 TOTAL FEES $ 51,279.75 W. D. BURLEY, DISTRICT CLERK Fees $ 18,263.80 Trial and Jury Fees 135.00 Sheriff's Fees 2,645.00 Sheriff' Jury Fees 875.00 District Attorney Fees 792.00 State Arrest Fees 10.00 Criminal Justice Planning 460.OU Law Enforcement Fees 23.00 Victims of Crime 450.00 Judicial Court Training 21.00 Road and Bridge Fines 4,112.00 Law Library Fees 1,312.50 Appellate Court Fee 770.00 Other -0-- TOTAL FEES $ 29,194.50 B. H. DEWEY, JR., JUSTICE OF PEACE, PRECINCT 4, PLACE 1 Citation Fees November $ 70.00 December $ 70.00 Small Claims 49.00 42.00 • Civil Claims 147.00 168.00 Jury Fees -0- -0- Constable Fees Pct 4 575.00 690.00 Copies and Abstracts of Judgement 9.00 3.00 Other (Interest, checking account) 6.99 8.41 TOTAL FEES $ 856.99 $ 981.41 i CAROLYN HENSARLING, JUSTICE OF PEACE, PRECINCT 4, PLACE 2 MICHAEL B. CALLIHAM, JUSTICE OF PEACE, PRECINCT 7, PLACE 1 Fines November $ 3,752.00 December $ 2,395.00 Small Claims -0- -0- Civil Claims 136.00 128.34 Sheriff's Fees -0- -0- Constable Fees Precinct 7 298.34 375.00 TABC Arrest Fees 30.00 9.00 -0- Fines November $13,875.05 December $ 13,589.05 Small/Civil Claims -0- -0- Sheriff's Fees 171.00 189.00 Constable Fees Pct 4 30.00 42.00 TABC Arrest Fees 72.00 51.00 DPS Arrest Fees 459.00 585.00 Parks and Wildlife Arrest Fees 15.00 21.00 Autopsy 30.00 -0- Copies and Abstract of Judgement 25.34 Jury Fees -0- 3.00 Criminal Justice Planning 1,105.00 1,280.00 Law Enforcement Fees 221.00 256.00 Crime Victims 663.00 787.50 Judicial Court Training 221.00 250.00 Other (Interest, checking account) 96.10 114.01 TOTAL $16,958.15 $ 17,192.90 DPS Arrest Fees Parks and Wildlife Arrest Fees TAMU Arrest Fees 1 -0- -0- 261.00 192.00 Deferred Adjudication -0- -0- Copies and Abstract of Judgement 6.00 1.00 Jury Fees -0- -0- Criminal Justice Planning 485.00 335.00 Law Enforcement Fees 97.00 67.00 Crime Victims 291.00 201.00 Judicial Court Training 97.00 67.00 Other (Interest, checking account) 57.80 61.39 TOTAL FEES $ 5,511.14 $ 3,831.73 -0- 1--~ TOWY LYONS JUSTICE OF PEACE, PRECINCT 1 • is 11 Fines $ 2,041.09 Small Claims -0- Civil Claims -0- Sheriff's Fees -0- Constable Fees Pct 2 -0- TABC Arrest Fees -0- DPS Arrest Fees 126.00 Parks and Wildlife Arrest Fees -0- Deferred Adjudication -0- Copies and Abstract of Judgement -0- Jury Fees -0- Criminal Justice Planning 210.00 Law Enforcement Fees 42.00 Crime Victims 126.00 Judicial Court Training 42.00 Other (Interest, checking account) 11.60 TOTAL FEES $ 2,598.69 RAY TRUELOVE JUSTICE OF PEACE, PRECINCT 3 Fines $ 2,991.65 Small Claims 7.00 Civil Claims -0- Sheriff's Fees 6.00 Constable Fees Pct 2 20.00 TABC Arrest Fees -0-. DPS Arrest Fees 183.00 Parks and Wildlife Arrest Fees 6.00 Deferred Adjudication -0- Copies and Abstract of Judgement -0- Jury Fees -0- Criminal Justice Planning 325.00 Law Enforcement Fees 65.00 Crime Victims 195.00 Judicial Court Training 65.00 Other (Interest, checking account) 15.75 TOTAL FEES $ 3,879.40 ANTONE DOBROVOLNY, JUSTICE OF PEACE, PRECINCT 5 Fines November $ 3,762.00 December $ 4,713.45 Small/Civil Claims -0- -0- Sheriff's Fees -0- -0- Constable Fees Pct 7 -0- -0- TABC: Arrest Fees -0- -0- DPS Arrest Fees 243.00 294.00 Parks and Wildlife Arrest Fees -0- 3.00 Deferred Adjudication -0- -0- Copies and Abstract of Judgement 7.00 -0- Jury Fees -0- -0- Criminal Justice Planning 405.00 495.00 Law Enforcement Fees 81.00 99.00 Crime Victims 243.00 297.00 Judicial Court Training 81.00 99.00 Other (Interest, checking account) 25.20 26.62 TOTAL FEES $ 4,847.20 $ 6,027.05 RAYMOND DAY, CONSTABLE, PRECINCT 1 Fees November -0- December $ -0- JOHNNY BURKHALTER, CONSTABLE, PRECINCT 2 Fees No Report MERL SMITH, CONSTABLE, PRECINCT 3 Fees IAUIS GARCIA, CONSTABLE, PRECINCT 4 Fees NOVEMBER $1,783.00 DECEMBER $ 2,096.00 SAM FACHORN, CONSTABLE, PRECINCT 5 Fees No Report WINFRED PITTMAN, CONSTABLE, PRECINCT 7 Fees No Report BRAZOS CENTER Fees No Report RONNIE MILLER, SHERIFF Fees $ 335.00 E. A. WEEK, JUVENILE PROBATION Fees $ 18.65 F2] 'u '0 P I DAN BETO, ADULT PROBATION Attorney Fees $ 334.00 Restitution 9,398.18 Fines 18,682.76 • Court Costs 5,392.00 TOTAL FEES $ 33,806.94 JIM KUBOVIAK, COUNTY ATTORNEY Check Collection Fees $No Report Check Subscription Fees ; Investigator Fees i TOTAL FEES $ ` GERALD L. WINN, TAX ASSESSOR/COLLECIOR (October report) Ad Valorem $1,725,079.17 Fees 19,822.12 1 TOTAL FEES $1,744,901.29 MARY HORN, JUSTICE OF PEACE, PRECINCT 2 f i Fines November $ 3,441.50 Small Claims 7.00 Civil Claims 7.00 • Sheriff's Fees -0- Constable Fees Pct 2 40.00 TABC Arrest Fees -0_ DPS Arrest Fees 207.00 Parks and Wildlife Arrest Fees -0- Deferred Adjudication -0- Copies and Abstract of Judgement -0- Jury Fees -0- Criminal Justice Planning 345.00 Law Enforcement Fees 69.00 Crime Victims 207.00 Judicial Court Training 69.00 Other (Interest, checking account) 59.00 TOTAL FEES $ 4,451.50 • HUGH LINDSAY, JUSTICE OF PEACE, PRECINCT 7, PLACE 2 Fines $ 11900.00 Small Claims 29.00 Civil Claims 28.00 Sheriff's Fees -0- Constable Fees Pct 7 230.00 TABC Arrest Fees 12.00 DPS Arrest Fees 30.00 Parks and Wildlife Arrest Fees -0- TAMU Arrest Fees 156.00 Deferred Adjudication -0- Copies and Abstract of Judgement 1.00 Jury Fees -0- Criminal Justice Planning 330.00 Law Enforcement Fees 66.00 Crime Victims 198.00 Judicial Court Training 66.00 Other (Interest, checking account) 28.07 TOTAL FEES $ 3,074.07 - - - - - - - - - - W. JUVENILE DETENTION FACILITY CERTIFICATIONI1 JAN -g P11 2' 00 • THE STATE OF TEXAS X 'J'~ 4 r COUNTY OF BRAZOS C CUR USE _ T We, the undersigned, hereby certify to the Commissioners' Court of Brazos County, Texas, that we have personally inspected the detention faci- lities at the Courthouse located in Bryan, Brazos County, Texas, to deter- mine whether the facility is suitable for the detention of children as provided by Section 51.12(c) of the Texas Family Code. We hereby find that: 1. Children in detention are not detained in or committed to a compartment of a jail in which adults are detained or committed; 2. Children in detention are not permitted contact with adults who are detained or committed to a jail; 3. The detention facility meets the requirements of Article 5115, Revised Civil Statutes of Texas, 1925, as amended, defining "safe and suitable jails"; 4. The detention facility meets the "Standards for Juvenile Detention Facilities" as required by Section 75.041, Texas Human Resources Code, and as adopted by the Texas Juvenile Probation Commission, effective the 11th day of November, 1986. THEREFORE, the Brazos County Juvenile Detention Center is hereby certified as a suitable facility for children until the next annual onsite inspection due one year from the above personal visit. The Commissioner's Court of Brazos County, Texas, shall be provided copies of said certifica- tion, and the original copy shall be filed with Juvenile Records in the County Clerk's Office. INSPECTED AND CERTIFIED this 9th day of January, 1987. Carolyn Ruffino, JudfflO/ 361st District Court \La L/~\ ~=Qv, W. T. McDonald, Jr., Judge 85th District Court (71~ S. D. " - - laude D. Davis, Judge County Court-at-Law O1 Absent from meeting Vic Paulos, Citizen A) 4 R. J olmgreen, Coun y Judge and Chairman of the Juvenile Board Qy'v- L_~_ John elaney, Judge 272n District Court . D. Langley, J dge County Court-at- aw X12 a' V y1h ~ //lT UL r i i BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1987 BUDGET YEAR NO. 02 On this the 12th Oay of January, 1987 at a regular session of the Commissioners' Court the following members were presents R. J. Holmgreen, County Judge presidingi Bill J. Cooley, Commissioner, Precinct 1; Walter Wilcox, Commissioner, Precinct 2,; Billy E. Beard, Commissioner, Precinct 3; Milton Turner, Commissioner, Precinct 4; Frank Boriskie, County Clerk. The following proceedings were held: THAT WHEREAS, on January 12, 1987, the Court heard and approved a budget amendment for the 1987 budget year for Brazos County, Texas. WHEREAS, an emergency expenditure is necessary due to grave public necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted October 27, 1986, the following amendment(s) to the original are hereby authorized, as described on the attached 1 page(s). ADOPTED AND APPROVED this the 12th day of January, 1987 THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By., 41 j "`J&a "4,~ R. J. Holmgreen County Judge V It Original: County Clerk's office and attached to the original budget Copies: County Auditor County Treasurer Commissioners Court Minutes Budget Amendment File V - L 1 a 0 ti 'Z Account No. Department Reason Increase (Decrease) 10-37-5614 J.P. Pct 7,1 Increase of Lease of space lease for - office space 150 INCREASE TO DEPARTMENT BUDGET $150 10-38-5614 J.P. Pct 7,2 Increase of. Lease of space lease for office space 150 INCREASE TO DEPARTMENT BUDGET $150 INCREASE TO GENERAL FUND BUDGET $300 42-68-6371 Rev. Shar. Add'l cost to Improve. other modify scraper for landfill 3 ,000 INCREASE TO REVE NUE SHARING BUDGET $3,000 01 Page 2 of 2 9 Vu"L Y State Deportment of Highways and Puhtk Trwportatbo Form D-15-130 Rev 346 THE STATE OF TEXAS COUNTY OF TRAVIS - _ -f- Agreement to Contribute Funds (County Form) X Contract No. X County Brazos X Project No. CSJ No. Account No. 801741 3 This Agreement by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the State, and Brazos , County, Texas, acting by and through its duly authorized officials under Commissioners' Court Order dated the 121 h day of January , 19 87 , hereinafter called the County, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State had requested the County to enter into a contractual agreement and acquire right of way on the following project: Highway Limits us 190 From Loop 507 NW to Robertson County ; and WHEREAS, the County has now requested that the State assume responsibility for acquisition of all necessary right of way; and WHEREAS, the County desires to voluntanly contribute to the State funds, equal to ten percent (10%) of the cost of the right of way, for the proper development and construction of the State Highway System; NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the County shall contribute to the State an amount equal to ten percent (1007o) of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, executed by the County, a warrant or check_payable to the State De artment of Highways anli, Public Transportation in the amount of Two Hundred Fi ty Three Thousand I hree Hundred Seventy 1196Aars (g 253,378.00 which represents 10076 of the estimated cost of the right of way; however, if it is found that this amount is insufficient to pay the County's obligation, then the County, upon request of the State, will forthwith supplement this amount in such amount as requested by the State. Upon completion of the project and in the event the amount as paid is more than 10076 of the cost of the right of way, then any excess amount will be returned to the County. Cost of the right of way acquired by the State shall mean the total value of compensation to owners for their property interests either by negotiation or eminent domain. This agreement is approved and executed by and on behalf of the State on the date shown hereinafter. Brazos County, Texas EXECUTION RECOMMENDED: By: ATTEST: e~n, Dtstnct Engineer THE STATE OF TEXAS Cetni4:d as being executed for the purpose and erfect of actintbtg and/or eutyinS oul the orders, aubbshed poboes, or work programs h"ofore approved and aWaorimd by the State Highway and Public Transportmlon Carnmission. - / C BY: Q~✓ Right of Way Engineer nau April 7a 1987 I -\1 l VOL,_.E--`PAO /a r i L dChAidOnclf: PtedW Number 4