HomeMy WebLinkAbout1987-10-19-1000AM-Specialr
BRAZOS COUNTY
BRYAN. 'T'EXAS
AGENDA FOR COMMISSIONERS' COURT MEETING - MONDAY, OCTOBER 19, 1987, 10:00 A.M.
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1. Approval of the minutes of the meetings held on August 3,
1987, August 10, 1987 and August 17, 1987.
2. Accept Treasurers Report.
3. Consider and take action on application for planning grant
for Road and Bridge Department.
•4. Consideration of contract and agreement for detention of
'juvenile offenders.
5: Signing of a proclamation designating November 15-21, 1987
as "Brazos Arts Week."
61 Consideration of budget amendments.
7. Consideration of appointment of Glenda Kleem as Alternate
Judge in Precinct 1.
8. Consider and take action on Indigent Health Care Contract
with Brazos Valley Development Council.
'9. Consideration of reappointment's to the Brazos County Re-
creational Facilities Advisory Committee from January 1988
thru December of 1989.
10. 'Consideration of change in status of employees.
11. Payment of Claims
12.-Other Business - Discussion Only - No Action To Be Taken.
Recess meeting until Tuesday, October 20, 1987. 2:00 P.M.
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-1. Closed session to discuss real estate and personnel.
1 -2. Take action on closed session if necessary.
Discuss and take action on Pate Road pipeline crossing.
.4. Discuss and take action on Britten Lease agreement.
.5. Consider and take action on the purchase of computer
terminals for Brazos County.
6. Adjourn
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COMMISSIONERS' COURT
SPECIAL MEETING
OCTOBER 19, 1987
A special 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, October 19, 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 County Judge's Admin. Asst.
Bea Green Secretary to Commissioners
Sharon Fairchild Auditor
Rebecca Shults Purchasing
A. H. Winder County Engineer
Sandie Walker Treasurer
Terri White Deputy Treasurer
Travis Nelson District Clerk
Ernie Wentrcek, Jr. Dir. Juvenile Services
Ray Truelove J. P Pct. 3
Cathy Bryan Engineer's Office
Ronnie Crocker Bryan/College Station Eagle
Alice Brown KBTX-TV
Bob Luna KBTX-TV
Kelly Cartwright WTAW-News
L. G. Crum Brazos County Resident
Mike McCleary Wellborn Water District
Woody Humphries Brazos County Resident
Kass Prince Arts Council
Randi Dunte Brazos County Resident
Inora L. Herman Brazos County Resident
The first item for consideration by the Court was approval
of the minutes of Commissioners' Court meetings held August 3,
1987, and August 10, 1987. On motion by Commissioner Wilcox,
seconded by Commissioner Beard, the Court voted unanimously to
approve the minutes as submitted.
On motion by Commissioner Beard, seconded by Commissioner
Turner, the Court acknowledged receipt of the Treasurers'
financial report for September.
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Commissioners' Court meeting October 19, 1987
The Court next considered a Resolution authorizing the
County Judge to make application to the Texas Department of
Community Affairs, City and County Assistance Division, for
funds to be used for the development of comprehensive plans for
transportation and drainage to benefit low to moderate income
families in the unincorporated areas of the County. On motion
by Commissioner Beard, seconded by Commissioner Wilcox, the
Court voted unanimously to authorize the County Judge to make
application for the grant and to authorize the County Judge to
accept such grant funds should they be tendered.
The Court next considered a contract and agreement with
Montgomery County for detention of Juvenile Offenders. Such
agreement would allow Brazos County to place Juveniles in the
Montgomery County Juvenile Service Center if the Brazos County
Juvenile Detention Center should be filled. The cost to Brazos
County would be $60.00 dollars per day for each child placed in
the facility. On motion by Commissioner Beard, seconded by
Commissioner Cooley, the Court voted unanimously to enter into
the contract with Montgomery County for the service. A full
copy of the agreement is attached to and made a part of these
minutes.
The County Judge read aloud a proclamation declaring the
week of November 15, 1987 through November 21, 1987 as "Brazos
(Arts Week." On motion by Commissioner Beard, seconded by
Commissioner Wilcox, the voted unanimously to proclaim the week
of November 15 through 21, 1987 as "Brazos Arts Week". The
County Judge presented the signed proclamation to Ms. Kass
Prince, representing the Brazos County Arts Council.
The Court next considered Budget Amendment 021, which
would reallocate funds budgeted for the County Agent's Office.
On motion by Commissioner Cooley, seconded by Commissioner
Beard, the Court voted unanimously to approve the budget
amendment as submitted, a copy of which is attached hereto.
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Commissioners' Court meeting October 19, 1987
The Court next considered appointing an Alternate Election
Judge for voting Precinct 1 to fill the vacancy created by the
resignation of Minnie M. Cantella. On motion by Commissioner
Cooley, seconded by Commissioner Turner, the Court voted
unanimously to appoint Glenda Kleem as Alternate Election Judge
for voting Precinct 1.
The Court next considered entering into contract with the
Brazos Valley Development Council for the administration of the
County Indigent Health Care Program as set forth by the Indigent
Health Care and Treatment Act (1985). The Contract period would
be from October 1, 1987 through September 30, 1988 at a cost of
$48,000.00 for that period. On motion by the County Judge,
seconded by Commissioner Beard, the Court voted unanimously to
authorize the County Judge to execute a contract with the Brazos
Valley Development Council for the administration of the County
Indigent Health Care Program.
On motion by Commissioner Beard, seconded by Commissioner
Turner, the Court voted unanimously to re-appoint Polly Howard
and Anne Bell to the Brazos County Recreational Facilities
Advisory Committee to serve a two year term from January 1, 1988
to December; 31, 1989.
The Court proceeded to consider the change of status of
the following employees:
Greene, Angela Juvenile Serv Step Increase
Sneed, Joy Juvenile Serv New Emp./Grant
Ellisor, Terri J.P. Pct. 5 New Emp. P/T
Clark, Archie Constable Pct.2 New Emp./Car All
On motion by Commissioner Cooley, seconded by Commissioner
Beard, the Court voted unanimously to approve the changes as
submitted.
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Commissioners' Court meeting October 19, 1987
The Court next considered the following Claims as submit-
ted by the County Treasurer for payment:
10 General Fund Claims'90757 thru 91017
Claims 91296 thru 91342
20 Road b Bridge------------------Claims 91091 thru 91295
22 Road & Bridge No. II ----------Claims 91018 thru 91021
26 Road & Bridge Debt Service-----Claims 91343 thru 91344
30 Capital Projects b Improvements:
Proposition I-----------Claims 91022 thru 91026
40 Law Library--------------------Claims 91027 thru 91028
54 Health Department--------------Claims 91048 thru 91057
55 Foster Care--------------------Claims 91346 thru 91348
70 Indigent Health Care-----------Claims 91058 thru 91087
90 Community Resources Officer----Claims 91088 thru
94 Victim Assistance Program------Claims 91089 thru 91090
On Line Checks - 34677 through 34682
On motion by Commissioner Turner, seconded by Commissioner
Beard, the Court voted unanimously to approve the Claims as
submitted.
Under other business, Commissioner Beard informed the
Court that he had received quotes and costs for the fence for
the Boonville Cemetary.
Mrs. Inora Herman, a resident of Precinct 3, informed the
Court that Democrat Road was in need of re-surfacing. She
mentioned that Gulf Oil Company had donated $25,000.00 for the
repair of Democrat Road, of which $19,000.00 had not been used
on Democrate Road. She asked the Court what had happened to the
balance of the money and why it had not been used to repair
Democrat Road. Commissioner Beard replied that the money had
been used on Oaklake Road. Commissioner Beard assured Mrs.
Herman that Democrat Road would be fixed as soon as possible.
There being no further business to come before the Court,
the meeting was recessed until Tuesday, October 20, 1987 at 2:00
P.M.
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TUESDAY, OCTOBER 20, 1987
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2:00 P.K.
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At 2:00 p.m. the County Judge re-convened the meeting with
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all members of the Court present.
The first matter to be considered was a request by M. J.
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Deen, Head of Data Processing, to purchase computer terminals
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a.ad multi-plexors for the various offices in the Couthouse.
Mrs. Deen recommended purchasing 10 terminals and 1 multi-
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plexor. On motion by Commissioner Beard, seconded by
Commissioner Wilcox, the Court voted unanimously to approve the
request of Mrs. Deen for the purchase of 10 terminals and the
one multi-plexor. This purchase is exempt from the competitive
bidding requirements of Article 2368x.5 of Vernon's Annotated
Civil Statutes because it is an intergovernmental purchase.
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The Court next discussed the Britten Lease agreement for
office space for Justice of the Peace Precinct 5, Antone
Drobolvony. Mr. Britten asked to be allowed to look over the
lease and to discuss it later in the meeting.
The Court next discussed and took action on the Pate Road
Pipeline Crossing. The Commissioners Court had met previously
with Mr. Wendell Horne and Dr. Anderson, property owners on Pate
Road, and it had been determined that the relocation of the
pipeline had not been resolved as previously stated in
Commissioners' Court by the property owners. After negotiation,
an agreement had been reached between Mobil Production and the
property owners, for the cost of relocating the pipeline.
Commissioner Wilcox asked if this was the total cost of the
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relocation of the pipeline and if the County intended to build a
private road in a s
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eard moved to
accept the pipeline agreement and build the road with the
subdivider to provide $6,000 dollars plus $7,704 for the
relocation of the pipeline. Commissioner Cooley seconded
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Commissioners' Court meeting October 20, 1981
the motion. Commissioners Beard, Cooley, and Turner voted
"Aye". Commissioner Wilcox voted "No", whereupon the County
Judge declared the motion had carried.
At 2:20 p.m. the County Judge announce the meeting closed
to the public to discuss the purchase of real estate and
personnel.
At 4:15 p.m. the County Judge opened the meeting to the
public to take action on the closed session. On motion by
Commissioner Turner, seconded by Commissioner Beard, the Court
voted unanimously to enter into a lease agreement with Mr. Randy
Britten for office space for Justice of the Peace Precinct 5,
Antone Drobolvony. The cost to the County would be $350.00 per
month; Mr. Bitten would pay the utilities.
On the matters of personnel and real estate, the County
Judge announced no action would be taken at this time.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes have been examined and approved in
open Court this the ~~f,~• day of i
19 C , in Bryan, Brazos County, Texas.
o mgreen
County Judge
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B oo ey
Commis loner, Precinct 1
Walter Wilcox
Commissioner, Precinct 2
0
Milton Turner
Commissioner, Precinct 4
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ABSENT
Billy ear
Commissioner, Precinct 3
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Fran Bor s
County Clerk
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SANDIE WALKER
Treasurer Brazos County
300 East 26th-Suite 313
Bryan, Texas 77803
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DATE:
October 19, 1987
TO:
Hon. R. J. Holmgreen, County Judge
Hon. Bill Cooley, Commissioner
Hon. Walter Wilcox, Commissioner
Hon. Billy Beard, Commissioner
Hon. Milton Turner, Commissioner
Ruth McLeod, Administrative Assistant
FROM:
Sandie Walker, County Treasurer
RE:
September Treasurer's Report
3rd Quarter Treasurer's Report
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SEPTEMBER TREASURER'S REPORT
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FUND
FUND
BALANCE
8/31/87
INCOMING
TOTAL
DISBURSEMENTS
FUND
BALANCE
9/30/87
INVESTED _
1
GENERAL FUND
6
088
668
14
327 369
12
6
416
037
6
981
431
57
5
434 X605
69
5
455
777
80
1
12
2
2
ROAD 8 BRIDGE GENERAL
775
471
18
71 050
30
846
521
8
240
610
72
605 1910
76
580
100
00
2
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.
BOONVILLE C@1ETART _
8
902.
75
y 46
5
8
949
0
-0-
8 ~ 949
40
-
-0-
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1
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ROAD i BRIDGE 12
651
847
5
4
331
3
656
179
8
997
81
1655 181
37
620
000
00
( C. 0. FUNDS)
4
423
994
5
2 431
5
4
426
425
0
-0-
4
t
1426 1425
90
4
421
855
75
•
PERMAMET IMPROVEMENT DEBT SVC.
253
830
0
8 287
~9
262
118
9
0-
262
118
09
250
157
48
10
I
1
I
10
11
ROAD i BRIDGE DEBT SVC.
278
454
6
41186
2
282
640
8
3
1821
13
1278 1819
75
277
200
00
11
12
I
12
CAPITAL PROJECTS 6 IMPROVEMENTS
1
688
965
1
61598
1
1
695
563
2
3
140
55
1
'692 1423
27
1
640
000
0
13
11
1
1
1
1.
12
STATE LATERAL ROAD
120
08L
2
~33
120
081
95
0-
120 081
95
L20
OOIl
0
1+
1•
I
1
1•
12
FM 6 LATERAL ROAD
4
443
4
18
9
4
461
53
0-
4
461
53
-0-
IF
a
1
to
1•
LAN LIBRARY
77
450
8
1 747
2
19
198
40
-1
132
93
77 1465
47
69
062
3
it
- -
-
i
20
21
REVENUE SHARING
12
173
2
1 34 1
12
12
07
64
12
173
52
34
12
-0-
21
22
1
22
23
OIL 6 GAS FUND
343
260
5
121691
9
355
52
14
0-
55 952
14
295
000
0
22
2.
'
2.
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OMNIBUS CRLME CONTROL
9
465
0
71191
05
16
56
5
21
00
16 635
65
-
2.
'
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22
APPELLATE JUDICIAL SYSTEM
15
854
6
1870
50
16
24
76
0-
16 724
76
-D-
v
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911 SYSTEM
15
661
4
I
1 64
r8
15
725
2
0-
15 725
72
-0-
29
20
• -
1
-
-
30
2'
HEALTH DEPARTMENT
365
367
4
331209
3
798
77
7
24
33
24
1
373 844
3
318
300
0
21
22
1
32
31
FOSTER CARE FUND
47
160
8
620
6
4
53
81
2
3
57
35
1
50 424
7
-0-
33
3
1
i
H
2'
HEALTH 6 LIFE INSURANCE FUND
50
843
8
571380
5
108
25
3
62
96
70
45 929
3
-
-Om
u
36
i
32
INDIGENT HEALTH CARE FUND
108
447
7
1498
8
108
45
5
1
95
99
107 449
76
-0-
32
32
„
TOTAL
15
340
346
2
1
5441628
5
15
884
75
17
1
335
12
51
14
49 162
6
14
047
453
6
30
2r
b
1
-
at
u
l
fl
u
u
I
12
-can luk" b• 11101
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M1"110 1" Y 0 0
M"110 1" • 0 0
VO L PAG r= 2.1
• - . i n•nvn I na.w.n
3RD QUARTER TREASURER'S REPORT
FUND
FUND p
FUND
BALANCE
INCOMING
TOTAL
DISBURSEMENTS
BALANCE
INVESTED
6/30/87
9/30/67
'
GENERAL FUND
6
600
002
30
1
766 697
82
8
366
700
12
932
094
3
5/
4341605
6
5
455
777
80
'
! 2
2
s
ROAD 6 BRIDGE GENERAL
937
220
24
339 336
73
1
276
556
97
670
646
1
6051910
T
580
100
00
s
•
. BOONVILLE CEMETARY
-A
777
50
171.
90
8
949
40
_
-0-
8 1949
4
- _
D-
•
•
I
•
2
ROAD 6 BRIDGE /2
647
273
63
819051
55
656
179
18
997
1
1655181
37
1
620
00
00
2
I •
( C. 0. FUNDS)
4
372
828
20
5416271
70
4
427
455
0
1
030
0
4
1426 (425
9
4
421
55
75
•
I
•
PERMANET IMPROVEMENT DEBT SVC.
539
590
86
1341459
48
674
050
4
411
932
5
262 118
09
250
151
48
•
~o
-
1
f
1
_
10
ROAD 6 BRIDGE DEBT SVC.
269
450
10
13
!190
78
282
640
8
3
821
3
1278 19
75
277
00
00
11
12
~
1
u
12
CAPITAL PROJECTS 6 IMPROVEMENTS
1
690
014
72
I 221166
52
1
712
181
4
19
787
7
1
1692 ' 23
27
1
640
00
00
Ir
1
's
STATE LATERAL ROAD
-
118
196
98
_
--l A84
1
97
120
081
5
-
-0-.
120 081
95
120
DD-
00
ks-
•
16
'r
FM 6 LATERAL ROAD
4
405
68
55
85
4
461
3
-0-
4 61
53
0-
n
I
LAW LIBRARY
75
680
43
5{974
31
81
654
4
4
189
7
77 65
47
69
62
83
1•
REVENUE SNARING
71
911
64
191081
31
90
992
S
90
958
3
34
12
_
0-
2r
I
22
22
OIL 6 GAS FUND
321
842
33
341109
81
355
952
4
-0-
355 52
14
293
000
00
rr
'
2•
I
1
1
2•
2s
OMNIBUS CRIME CONTROL
19
204
29
I 25,188
57
44
392
6
27
757
21
16
35
65
0--
rs
•i r~
2•
~
2•
~
APPELLATE JUDICIAL SYSTEM
14
084
49
216401
27
16
724
6
-0-
1
16 J24
76
0-
tr
2•
~
I
a
I
_
911 SYSTEM
17
016
34
1209
38
17
225
2
1
S00
00
115 1725
72
0-
30
- -
29
11
HEALTH DEPARTMENT
375
493
32
791805
95
455
299
7
81
455
24
373 ~44
03
318
300
0
71
rr
I
FOSTER CARE FUND
47
517
8
181429
2
65
946
0
15
522
3
1 SO 124
27
0-
22
2•
I
2•
27
HEALTH 8 LIPS INSURANCE FUND
85
696
1
1561506
71
242
203
2
196
274
9
45 929
03
2.
17
INDIGENT HEALTH CARE FUND
114
548
2
I
11785
3
116
334
45
8
884
9
107 449
76
0-
27
2•
1
28
t
2•
TOTAL
16
30
755
6
2
6851228
6
1
015
984
22
4
466
21
6
14
49 162
66
14
047
53
6
3•
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a
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43
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VOL_PAGE 22-
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A
This Contract and Agreement made and entered into by and
between the Juvenile Board of Montgomery County, acting by
and through its duly authorized representatives, The
Honorable John C. Martin, Chairman, and Melvin Brown, Jr.,
Director of Juvenile Services, Montgomery County by and
through its Commissioners Court and the Juvenile Board of
Brazos county acting by and through its duly
authorized representatives, R. J. Holm,treen ,
Chairman, and grnie Wentrcek , Chief Juvenile
Probation Officer, Brazos County by and
through its Commissioners Court, to be effective octnbPr 20. 1987
to October 20, 1988 .
WITNESSETB
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State of
County of Montgomery ~ 'RECc's1r`E-0 J~T 2 7 1981
CONTRACT AND AGREEKEN? FOR
DETENTION OF JUVENILE OFFENDERS
WHEREAS, the Montgomery County Juvenile Board
operates the Montgomery County Juvenile Service Center, also
referred to as 'The Facility'. Whereas, the
-Brazo._ nou._±ry Juvenile Board, in order to carry
out and conduct its juvenile program in accordance with Title
III of the Texas Family Code has need of the use of
detention facilities to house and maintain children of
juvenile age, referred for an act of delinquent conduct or an
act indicating a need of supervision, during pre-trial and
pre-dispositional status, and
A true copy. I 11oreby certliy
ROY H RIS, Crt.nty c;"I'L
Montgbi ry Count', Texas.
~pourv
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WHERE.,, the Montgomery County Juw ".&e Board will make
the facilities available to Brazos Councv Juvenile
Board for such use and purpose, and Brazos
County Juvenile Board desires to contract for the
use of said facility under the following terms and
conditions:
Now, therefore, the parties agree as follows:
(1) Montgomery County Juvenile Board will provide room
1 and board; supervision on a twenty-four hours per day, seven
days per week basis; routine medical examination and
treatment within the facility (but shall not pay for
lemergency examination, treatment, or hospitalization outside
i
the facility) and a program of education, recreation and
counseling to each child placed within the facility.
(2) Brazos Councv Juvenile Board agrees to
pay Montgomery County Juvenile Department the sum of sixty
dollars ($60.00) pgr day for each child placed within the
1 facility, or the actual cost of the care for children placed
1
.
in the facility, or the amount allowed in the current Crimi-
nal Justice Division Maximum Rate Schedule whichever amount
is less. A child placed in detention before midnight on any
one day will be considered under this contract as having been
in custody the entire day for billing purposes. Montgomery
$
i
County Juvenile Department will periodically bill Brazos
County for use of the detention facility. Each U
billing shall contain both the name of the child(ren) and the''-;:
U o
number of days for which payment is requested. This sum u'
shall be paid to Montgomery County Juvenile Departments 200
.
n,
Academy Drive, Conroe, Texas 77701 within twenty (20) days = - =
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(3) If in the sole discretion of the Detention
Administrator of the Montgomery County JUVAAile Service
Center, hereinafter the Administrator, there is a need for
j
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emergency examination, treatment, and/or hospitalization for
a
a child placed in the facility by Brazos
. County Juvenile Board, the Administrator is authorized
to secure such examination, treatment or hospitalization at
the expense of Brazos County Juvenile
Probation Department and to request that Brazos County
Probation Department be billed for the same. Brazos
County Juvenile Board agrees to pay for said
,
services and to idemnify and hold harmless Montgomery
County and/or the Montgomery County Juvenile Board, it's
representatives, agents and employees, for any liability for
charges for medical treatment, examination, and/or
hospitalization. The Administator shall notify
Brazos County Juvenile Board of such emergency
treatment as soon as reasonably practical.
(4) Prior to transporting a child to the facility for
placement, the official authorizing placement shall call the
facility to insure that space is available. The detention
needs of Montgomery County shall take precedence over those
a
of contract jurisdictions and placement of children from
contract jurisdictions may be denied if there is no available Z s
space in the sole discretion of the Administrator.
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(S) Each child placed into the facility by Brazos 3 c
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_ County Juvenile Board shall be placed therein w w
under a proper order of the Juvenile Court, and the Admin-
istrator will be furnished a copy of said order.
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(6) Ea'.. child placed therein :7-: . b¢ required to
follow the rules and regulations of contract as fixed and
determined by the Administrator and his staff.
(7) Montgomery County Juvenile Board has resolved to
operate the detention facility in compliance with the
Juvenile Justice and Delinquency Prevention Act, and
therefore will not accept from contracting jurisdictions
children whose detention would prevent the facility from
complying with the Juvenile Justice and Delinquency
Prevention Act. In no event will the Montgomery County
Juvenile Board be under any obligation to accept a child who
is deemed inappropriate for placement in the facility in the
sole discretion of the Administrator.
(8) If a child is accepted from Brazos County
and such child thereafter is found to be, in the sole judge-
ment of the Administrator, mentally unfit, dangerous, or
unmanageable, or whose mental or physical health condition
might endanger the other occupants of the facility, then in
the Administrator's sole judgement, upon such determination
and notification by the Administrator to the Brazos
County Juvenile Judge or Probation Office, a
Juvenile Probation Officer or Deputy Sheriff of that
jurisdiction shall immediately and forthwith remove or cause
to be removed such child from the detention facility.
(9) Montgomery County Juvenile Board agrees that the
facilities will accept any child qualified hereunder, without
regard to such child's religion, race, creed, color, sex or
national origin.
I A true cony, I hereby certif
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--",IS, County Clerk
?,2ont rr ory Cows
Texas.
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(10) --fr. • r-ounev ~ Ies to provide ~
the Montgomery County Juvenile Department the names of all
persons authorized by them to visit children placed in the
facility. Visitors must be jointly approved by the child's
caseworker and the Administrator.
(11) Brazos, county Juvenile Probation
Department shall assure that a representative of that
department visits each child placed in the facility a minimum
4 of three times per week. Two of these three visits may be by
c
telephone, but at least one visit per week shall be in person
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at the Montgomery County Juvenile Service Center.
(12) Brazos Councv shall assume finan-
cial responsibility for damage to or loss of property at the.
facility due to the action of a child placed in the facility .
by Brazos Countv Reimbursement for said
damage or loss shall be paid within thirty (30) days of
notification by the facility.
(13) It is understood and agreed by the parties hereto
that children placed•ia the facilities under the proper order
of the Juvenile Court of Brazos County shall be j
maintained therein except that the staff of either the
contracting jurisdiction or Montgomery County Juvenile
Service Center may take the children under supervision from
the facility to participate in Community activities.
(14) It is further understood and agreed by the parties
hereto that children placed in the facilities shall be
removed therefroa by Brazos Countv , its
agents, servants or employees at the expiration of the
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detention order under which the child is being detained
r A t1`0 copy. I hereby certiry
Rk, ` r-1-1Z R15, County Clerk
aLV..;•' •y CI)UW, Texas.
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unless a new-, ar has been issued authc•" ig the continued
detention, and a copy of such Order, duly certified by the
Clerk of the Court, has been delivered to the detention
facility, or unless a waiver of 10 day hearing has been
executed and signed copy of the waiver delivered to the
facility. A copy of the order issued pursuant to waiver
shall be furnished promptly to the facilities.
(15) It is further understood and agreed by the parties
hereto that should a child not be removed by Brazos
County , its agents, servants or employees as
required above in (14) by 12:00 noon of the 10th day of
detention and a new order authorising continued detention has
not been received at the detention facility, an employee of
the Montgomery County Juvenile Department will deliver the
child to the Juvenile Court of ~Rrazn~ cnnnra
for which there will be an additional charge of twenty-five
cents per mile plus two hundred ($200.00) dollars per child
per trip.
(16) It is further understood and agreed by the parties
hereto that children placed in the facility shall not be
removed prior to the expiration of the Court Order except by
a Probation Officer of the contracting jurisdiction or as
provided in paragraph (8) above, without delivery of an Order
for Release signed by the Judge of the Juvenile court of
.
(17) It is further understood and agreed that nothing in
this Contract shall be construed to permit Brazos -
County , its agents, servants, or employees in any
way to manage, control, direct or instruct Montgoaery County
A true copy 1 hereby certify
T:G .Z%arSS, Counry Clerk
~a inon.b ry Count Texan
U V® PA^ E ILE -6- BY - Depay
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or Montgomery County Juvenile Boarw -to servants or
1 employees. in any manner respecting any of their work, duties
j or functions pertaining to the maintenance and operation of
the facilities.
(18) It is the agreement of the parties that in the
event Brazos County is required to remove a child
from the facility under the terms of this contract, and fails
to do so, the Montgomery County Juvenile Board will return
the child to its home jurisdiction at a cost of twenty-five
cents per mile plus a fee of two hundred ($200.00) dollars
per child per trip payable by _ Brazos County ,
withiA ton days of receiving request for payment.
11 TERMINATIOd
The term of this contract shall be for a period of one
year from the effective date and it shall be renewed and
deemed renewed annually hereafter in the event neither party
hereto gives the required notices however, the parties hereto
understand and appreciate that this contract involves a new
program in the Juvenile Justice System in Montgomery County,
Texos, and after mutual good faith effort has been made
toward the success and performance of the contract, if either
party hereto feels in its judgement that the contract cannot
be successfully continued, and desires. to terminate this
contract, then the party so desiring to terminate may do so
by notifying the other party in writing, by certified mail or =Z'~'A
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personal delivery to its principle office, of its intention
21
to terminate the contract thirty (30) calendar days from the
s
date of Notice to Terminate is received by the other partye a
At 12%00 o'clock midnight thirty (30) calendar days after
receipt of notice to terminate by either party, this contract o PAGE-2-2-
La.
shall termina,- become null and void a-' '9 o! no further
force or effort.
i
On or before the termination date, Brazos
County Juvenile board shall remove all. children
from their jurisdiction currently in the facility.
III DEFAULT
(1) In the event of a default of the Montgomery Juvenile
Board, the Brazos county _ Juvenile Board may cancel
or suspend the contract and the Montgomery County Juvenile
Board shall be entitled to recovery for all services provided
prior to the cancellation date or shall repay any funds
advanced for services not yet rendered.
(2) In the event of default on the part of 9razet -a
County Juvenile Board, Montgomery County Juvenile
Board may cancel or suspend this contract and Montgomery
County Juvenile Board shall be entitled to recovery for all
services provided prior to the cancellation date and shall
repay any funds advanced for any services not yet rendered.
IV MISCELLANEOUS PROVISIONS
(1) Requirements of the Uniform Grant and Contract
Management Standards (UGCmS) promulgated pursuant to Texas
Civil Statutes, Article 4413 (32g), are adopted by reference:
as part of this contract.
(2) All licenses, legal certifications, or inspection
required for the services, facilities* equipment, or
A true cop;, ; hereby certify
ROY I-,',RiUS, County Clerk
1to►:L
;,pM)wy CowitA Texas.
V® PAGE o / / L~e.~e- ~jenu
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~,•~'rY materials, a7o~ .1 applicable state an •deral laws and
local ordinances must be complied with by the Montgomery
O
s County Juvenile Board.
a
(3) Montgomery County will maintain its records for
three years after final payment or until a Federally approved
audit has been made and all questions arising therefrom are
resolved.
• (4) And Brazos _ County hereby certifies
that funds are available for the current fiscal year for
payments anticipated under the terms and conditions of this
S
agreement.
I ;
This Contract and Agrees<ant this date executed is made ,
by and between the parties hereto; it being the declared
intention of the parties hereto that the above and foregoing
O
Contract, is a Contract providing for the care of children
who have allegedly committed an act of delinquency or an act
indicating a need for supervision any payment for such care
by Brazos Councv for such children placed in
the facility by the Judge of Brazoe cntinrrv,
having Juvenile Jurisdiction.
Executed in quadruplicate this the day of
20 41 1987 , to be effective
i each copy ereo s all be considered an original copy or a
rpose .
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h C. Martin, u ge lvin , h.D.
t a and 9th Judicial District ontgomery
d Chairman of the Montgomery County Juvenile Department
County Juvenile Board Conroe, Texas
O r ,
Ch rman Chief Juvenile 8robatio
Brazos Councx Juvenile Board Officer
PA G
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aA*si laws and
MONTGOMERY COUNTY BRAZOS COUNTY
COMMISSIONERS COURT COMMISSIONERS COURT
Co. Judq*
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1987 BUDGET YEAR
NO. 21
' On this the 19th day of October 1987 at a special meeting of the
Commissioners' Court the following members were present:
R. J. Holmgreen, County Judge, Presiding
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 October 19, 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).
1 ADOPTED AND APPROVED this the 19th day of October 1987
THE COMMISSIONERS COURT OF BRA20S COUNTY, TEXAS.
By: R. J. Holmgreen County Judge
Original: County Clerk's Office and attached to the original budget
Copies: County Auditor
County Treasurer
Commissioners Court Minutes
Budget Amendment File
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Budget Amentment #21 10-19-87
Account No. Department Reason Increase (Decrease)
10-48-6210 County Reallocation
Other/Misc. Agent of funds 300
10-70-5518 County Reallocation
Furn & Equip Agent of funds ( 300)
NO INCREASE TO DEPARTMENT BUDGET
NO INCREASE TO GENERAL FUND
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THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE
TEXAS GENERAL ARBITRATION ACT
CONTRACT
•
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This Contract is entered into by and between
BRAZOS COUNTY, TEXAS, acting by and through its duly
elected County Commissioner's (hereinafter "County") and
the BRAZOS VALLEY DEVELOPMENT COUNCIL (hereinafter
"BVDC").
The purpose of the Contract is to outline the
responsibilities of each of the parties in the operation
of the Indigent Health Care and Treatment Act (1985),
created by Senate Bill 1 during the Special Session of
the 69th Texas State Legislature.
The parties mutually agree as follows:
In compliance with the Indigent Health Care and
Treatment Act, the County agrees to provide the
financial resources for the following mandatory services
to eligible household members who meet the requirements
of the Act, the Texas Department of Human Services
(TDHS) Handbook, and the Council.
1. Inpatient-Outpatient Hospital Service
2. Physician Services
3. A maximum of three prescription drugs
per recipient per month
4. Skilled nursing facility services
5. Family Planning services, and
6. Laboratory and x-ray services
The County agrees to join the Council in entering into
contracts as necessary, with providers for delivery of
the above mentioned services. These contracts with
mandated service providers will be for delivery of
services as specified by the Indigent Health Care and
Treatment Act, the TDHS Handbook, and the Council.
RATES FOR REIMBURSEMENT
M
The County agrees to join other counties in the Region
and provide their pro-rata share of funds for the
Administration of the County Indigent Health Care (CIHC)
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program by BVDC for State Planning Region 13. the
amount payable by Brazos County to BVDC is estimated at
$ 48 000.00 through September 30, 1988.
RESPONSIBILITIES OF BVDC
For and in consideration of the funding provided by the
County, the BVDC will be responsible for providing the
following services pursuant to this Contract:
1. Providing of all necessary application
forms to potentially eligible
individuals.
2. Provide intake services in the County at
least once a month.
3. Assist applicants in completing all
necessary forms.
4. Determine the eligibility of each
applicant with regard to residency and
financial qualifications pursuant to the
procedure and qualifications defined in
the Act, including but not limited to
Sections 1.03 and 1.06. In this capacity
the BVDC shall also be responsible for
mailing all necessary forms and following
all procedures defined in the handbook
with regard to notifications and appeals
on the issue of household eligibility.
5. Maintain this Contract and assist the
parties hereto in the operation of the
program.
6. Receive all bills submitted by the
provider for payment of services and
review the same to verify that the
services qualified, the patient was an
eligible resident and that time the bill
qualifies in all respects.
7. Send all bills for payment to the
appropriate county for verification and
payment.
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8. Maintain data files on clients and
billing records,
.to verify the county is
in conformity with the limitations on the
amount of money or in-hospital care any
one indigent may receive in a one (1)
year period.
9. Provide information to the parties as
needed.
10. Respond to all and any requiries
regarding the program.
11. Assist the County•witb information needed
for audit purposes.
12. Monitor the program on a periodic basis
to check billing procedures and with TDHS
staff review overall program management
and operation.
13. Assist and supervise the reconciling of
ineligible expenses with the appropriate
parties.
14. Assist the County with all of its
responsibilities under the Act.
15. Perform all other duties and functions
necessary to fulfill the requirements as
outlined in the Act and the TDHS
Handbook.
16. Review the eligibility of each household
every six (6) months.
17. Prepare and distribute to the Provider no
less than once every six (6) months a
computer list of eligible residents.
18. Determination of eligibility not later
than the fourteenth (14th) day after
receiving a completed application form
from an applicant including all necessary
documentation and verifications.
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- BVDC will provide the services designated as numbers
- 1,3,4,6,8,9,10 and 11 above to the County when dealing
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with medical services that have been performed outside
the jurisdiction of the respective County.
RESPONSIBILITIES OF COUNTY
The County shall be responsible for the following duties
and requirements:
1. Provide County funds for the payment of
mandated services.
2. Provide County funds for the
administration of the program through the
BVDC.
3. Develop a system for the payment of
indigent health care services bills or
incorporate this billing procedure into
the County's established system for
paying like bills.
4. Provide an audit of the program as
required by state law.
5. Accept ultimate responsibility for
payment of services which may be
determined through an audit to have been
an ineligible expense.
5. Provide for and assist with the
procurement of and payment for legal
services as necessary.
6. Provide for and assist with the
procurement of and payment for additional
audit services.
TERM
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This Contract shall continue in force and effect for a
term of one (1) year commencing on the first (1st) day
of October, 1987 and shall terminate on the thirtieth
(30th) day of September, 1988. The parties shall have,
and there is hereby given, *three (3) options to renew
VOL PAG1F -
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Any monetary loss suffered by the County from ineligible
clients, mistake, fraud or other conditions can not be
recovered from the BVDC.
The parties further agree to indemnify one another for
and 'hold one another harmless from and against all
suits, claims, demands, liabilities or action resulting
or alledged to result from the breach, violation or
non-performance of the terms and conditions hereof or
the negligent performance of the services stated herein
and for any damage to any person resulting from any act
or omission or negligence on the part of each party
hereto.
AMENDMENT
This Contract shall be automatically amended by the
amendments made to the Act by the State Legislature, in
all other respects, this contract may only be amended by
the written consent of all the parties hereto.
GOVERNING LAW
This Contract shall be executed in and shall be governed
by the laws of the State of Texas.
FURTHER ASSURANCES
Each party hereto agrees to perform any further acts and
to execute and deliver any further documents which may
be necessary to carry out the provisions of this
Contract.
•
r this Contract for a period of one (1) year in each
instance, to follow consecutively upon the expiration of
the term hereof and of any renewal period, upon the same
terms and conditions contained herein except for
amendments made by the State Department of Human
Services, And/or the State Legislature.
CANCELLATION
This Contract may be cancelled by either of the parties
hereto upon sixty (60) days written notice as provided
herein.
INDEMNITY
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SEVERABILITY
In the event that any of the provisions or portions
thereof, of this Contract, are held to be unforceable or
invalid by any court of competent jurisdiction, the
validity and enforceability of the remaining provisions
or portions thereof shall not be affected thereby.
ENTIRE CONTRACT
This Contract contains the entire understanding between
the parties hereto concerning the subject matter
contained herein. There are no representations,
agreements, arrangements, or understanding, oral or
written, between or among the parties hereto, relating
to the subject matter of this Contract, which are not
fully expressed herein.
DATED this 1st day of October, 1987.
- Brazos County, Texas
By:
BRAZOS VAL Y DEVELOP COUNCIL
By:
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LEASE AGREEMENT
•
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This Lease Agreement is made and entered into this A21 day
of October, 1987 by, and between RANDY BRITTEN of Brazos County,
herein oalled "Lessor", and BRAZOS COUNTY, TEXAS herein called
"Lessee".
In consideration of the mutual covenants and agreements
herein set forth, and other good and valuable consideration,
Lessor does hereby demise and lease to Lessee, and Lessee does
hereby lease from Lessor, the following described premises
located in Brazos County, Texas:
Office space (approximately 500 sq.ft.) in the building
located on Highway 21 West near Smetana to include water and
sewer along with restroom. It will also provide handicap
access.
TERM
. •
The term of this lease shall be for a period of one (1) year
commencing on November 1, 1987, and ending on October 31, 1988.
RENT
Lessee agrees to pay to Lessor as rent for the leased
premises the sum of Three Hundred Fifty and no/100 Dollars
($350.00) per month on the first of each month.
USE
The leased premises shall be used only as an office and
' Lessee shall not permit the leased premises or any part thereof
to be used for: (a) the conduct of any offensive, noisy, or
dangerous activity that would increase the premiums for fire
insurance on the leased premises; (b) the creation or
11 •
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maintenance of a public nuisance; (c) anything which is against
public regulations or rule of any public authority at any time
applicable to the leased premises; or (d) any purpose or in any
manner which will obstruct, interfere with, or infringe on the
rights of other tenants of adjoining property owned by Lessor,
nor shall the leased premises be occupied by any person or
persons other than the person or persons authorized by Lessee.
INDEMNITY AGREEMENT
Lessee agrees to indemnify and hold Lessor and the property
of Lessor, including the leased premises, free and harmless, from
any and all liability for injury to, or death of, any person,
including employees of Lessee or for damage to property arming
from the use and occupancy of the leased premises by Lessee or
from the act or omission of any person, or persons, including
employees of Lessee, in or about the leased premises with the
express or implied consent of Lessee; provided that nothing in
this agreement shall expand or enlarge the liability of Lessee
greater than that of Lessee under the Texas Tort Claims Act.
ALTERATION AND IMPROVEMENTS
Lessee shall make no alterations to the building on the
leased premises nor construct any buildings or other improvements
on the leased premises without first having obtained the written
consent of Lessor.
LESSOR REPAIRS
Lessor shall, after notice and at his expense, make all
roof, floor (other than surface material) ;•pavement, electrical,
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plumbing, air-conditioning, heating, structural repairs and
replacements, including but not limited to those required by
public authorities, all repairs and replacements to and painting
of the exterior walls (outside doors and overhead doors are
considered as outside walls). Lessor shall replace all broken
window and plate glass except damage resulting from negligence of
Lessee. If Lessor fails or neglects within a reasonable time to
make repairs or corrections which, under the terms hereof Lessor
is required to make after written notice to Lessor by Lessee, or
having started such repairs or corrections, Lessor fails to
complete theht within a reasonable time, Lessee may cause such
repairs or corrections to be made or completed at Lessor's cost
and expense and may deduct from subsequent installments of rent
an amount sufficient to reimburse itself for costs and expenses
incurred. Unless otherwise herein provided, all normal repairs,
painting and replacements to the inside of buildings shall be
made at the expense of Lessee which shall surrender the same at
the end of the Lease term or any extension thereof in
substantially as good condition as when received, ordinary wear
and tear, damage by fire or the elements and unavoidable
casualties excepted.
DESTRUCTION OF PREMISES
Should any buildings or improvements on the leased premises
be damaged or destroyed by fire, the elements, acts of God, or
other causes not the fault of Lessee or any person in or about
the leased premises with the express or implied consent of
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Lessee, they shall be repaired or replaced by Lessor at his own
cost and expense and the rent payable by Lessee pursuant to this
lease shall be abated to the extent such damage or destruction
renders the leased premises uninhabitable by Lessee. Provided
however, should the cost of repairing or restoring any buildings
or improvements so damaged or destroyed exceed twenty-five
percent (25%) of the replacement cost of all buildings and
improvements now located on the leased premises, or if more than
fifty percent (50%) of the total floor space of the leased
premises shall be rendered unfit for Lessee"s occupancy this
lease may be terminated by either party by ten (10) days written
notice. If less than fifty percent (50%) of the total floor
space of leased premises shall be uninhabitable and repair and
restoration can be accomplished within ninety (90) days, Lessor
may, at his option, either repair and restore the damaged
buildings and improvements or cancel this lease and return any
unearned rent previously paid by Lessee under this lease.
CONDITION OF PREMISES
Lessee stipulates that the leased premises, as well as all
buildings and improvements located thereon, are at the date of
this lease in good order, repair and a safe and clean condition.
UTILITIES, INSURANCE AND TAXES
All charges for electricity, water and other utility
services shall be paid by Lessor. Lessor shall pay all fire and
extended coverage insurance premiums on the premises and all real
estate taxes and assessments levied and payable thereon,-
4
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IMPROVEMENTS PROPERTY OF LESSOR
All alterations, changes and improvements built,
constructed, or placed in the leased premises by Lessee, other
than movable personal property shall, unless otherwise provided
by written agreement between Lessor and Lessee, be the property
of Lessor and remain in the leased premises at the expiration or
sooner termination of this lease. Lessee at the termination of
the lease shall not be required to restore the improvements to
their original condition. Nothing contained in this paragraph,
however, Shall authorize Lessee to make or place any such
alteration, change, or improvements on the leased premises
without having first obtained the written consent of Lessor.
ASSIGNMENT AND SUBLETTING
Lessee shall not assign this lease nor sublet the leased
premises or any interest therein without first obtaining the
written consent of Lessor, which consent shall not be
unreasonably withheld. A consent by Lessor to one assignment or
subletting shall not be deemed to be a consent to any subsequent
assignment or subletting. An assignment or subletting without
the written consent of Lessor, shall be void and shall, at the
option of the Lessor, terminate the lease.
LESSEE'S RIGHT TO PERFORM
In the event Lessor violates or fails to perform any
provisions or agreements of the lease to be performed or complied
with by Lessor, and such violation or failure continues for
fifteen (15) days after written notice thereof to Lessor, Lessee
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may, in addition to all remedies available to it, be entitled to
perform on behalf of Lessor and deduct all such payments from the
rent.
DEFAULT BY LESSEE
Should Lessee be in default for a period of more than ten
(10) days in the payment of any rent payable under this lease or
in the performance of any other provision of this lease and such
default continues for thirty (30) days after written notice,
Lessor may terminate this lease and regain possession of the
leased premises in the manner provided by the laws of the State
of Texas in effect at the date of such default.
HOLD OVER
At the expiration of this lease, should Lessee hold over for
any reason whatsoever, it is hereby agreed that in the absence of
a written agreement to the contrary, such tenancy shall be from
month to month only under the same conditions and at the same
monthly rental as provided herein.
SUBORDINATION OF LEASE
This lease and Lessee's leasehold interest under this lease
are and shall be subject, subordinate, and inferior to any lien
or encumbrance now on the leased premises by Lessor.
RIGHT OF INSPECTION
Lessor and his agents have the right at all reasonable times
during the term of this lease to enter the leased premises for
the purpose of inspecting them and all buildings and improvements
thereon; provided however that the right of inspection shall not
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extend to any record, the disclosure of which is prohibited by
law.
PARKING
Ample space will be provided for parking vehicles.
NOTICES
Any and all notices or other communication required or
permitted by this lease to be served on or given to either party
to this lease by the other party hereto shall be in writing and
shall be deemed duly served and given when personally delivered
to the party to whom it is directed, or in lieu of such personal
service, when deposited in the United States Mail, postage
prepaid, addressed to Lessor, Randy Britten, at P. O. Box 563,
Bryan, Texas, 77806; addressed to Lessee, Brazos County, 300 East
26th Street, Bryan, Texas, 77803, until otherwise notified.
Either party hereto may change his address for the purpose of
this paragraph by giving written notice of such change to the
other party in the manner provided for in this paragraph.
USE OF OFFICES
The leased premises are to be used as office space for the
Justice of the Peace for Precinct Five (5) of Brazos County.
LOCATION FOR RENT PAYMENT
Unless changed by written notice pursuant to the provision
in the above heading under Notices, all rent payable under this
lease shall be paid to Lessor at P. O. Box 563, Bryan, Texas,
77806.
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ATTORNEY'S FEES
Should any litigation be commenced between the parties
hereto concerning the leased premises, this lease, or the rights
and duties of either party in relation thereto, the party
prevailing in such litigation shall be entitled, in addition to
such relief as may be granted, to a reasonable sum as and for his
attorney's fees in such litigation.
TEXAS LAW TO APPLY
This agreement shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Brazos County.
LEGAL CONSTRUCTION
In case any one or more of the provisions contained in the
agreement shall for any reason be held to be invalid, illegal or
unenforceable it shall not affect any other provision thereof and
this agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreements between the parties respecting the
within subject matter.
AMENDMENT
No amendment, modification, or alteration of the terms
hereof shall be binding unless the same be in writing, dated
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subsequent to the date hereof, and duly executed by the parties
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hereto.
OPTION TO RENEW
Lessee may renew this lease for four (4) successive one-year
terms by giving Lessor written notice of such renewal at least
thirty (30) days prior to the expiration of the then current
term.. Each such renewal shall be upon the same terms and
conditions.
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LESSOR
RANDY BR IJ,
By: ?G/
• LESSEE:
ATTEST: BRAZOS COUNTY
By:
-Lad= A
Judg R. J. Hol reen
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DOC: Dafoe3/300EA013
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
AGREEMENT
THIS AGREEMENT, made and entered into as of the 26thday
of October , 1987, by and between MOBIL PIPE LINE COMPANY, a Texas
corporation, hereinafter referred to as "MOBIL", and THE COUNTY OF BRAZOS,
TEXAS, hereinafter referred to as BRAZOS COUNTY.
WHEREAS, BRAZOS COUNTY desires to construct Pate Road across MOBIL's
Pipeline Easement in the Maria Kegan Survey, A-28, Brazos County, Texas,
recorded October 31, 1946, in Volume 127, Page 397, of the Deed of Records of
Brazos County, Texas, and amended by Partial Release Agreement dated October
20, 1976, recorded in Volume 82, Page 571 of the Deed of Records of Brazos
County, Texas, and desires to obtain the authority and consent from MOBIL to
use a part of the surface area above such pipeline to construct such Pate Road
and
WHEREAS, MOBIL is willing to grant to BRAZOS COUNTY its consent to make
use of such part of the surface area on such Easement, such area being in the
public right-of-way of Pate Road, for the purposes and uses herein expressly
stated, subject to certain conditions and agreements.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, for and in
consideration of the premises and of the mutual agreement by and between the
parties hereto, as well as the sum of Ten and no/100 Dollars ($10.00) paid by
BRAZOS COUNTY to MOBIL, the receipt and sufficiency of which are hereby
acknowledged and confessed, MOBIL hereby grants and conveys, insofar as MOBIL
has the right to do so, to BRAZOS COUNTY the right to construct Pate Road
across MOBIL' Easement in Brazos County, Texas: this agreement however, being
subject to the following conditions and agreements between the parties to wit:
1. MOBIL shall inspect or cause to be inspected, that portion of
MOBIL's said Easement that crosses said Pate Road in accordance with standard
specifications and at the expense of BRAZOS COUNTY. MOBIL estimates that the
total cost for inspection of said Pipeline for Pate Road shall be approximate-
ly SIX THOUSAND FOUR HUNDRED TWENTY DOLLARS ($6,420.00), which amount has been
this day delivered to MOBIL by BRAZOS COUNTY; however, it is agreed by MOBIL
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and BRAZOS COUNTY that BRAZOS COUNTY shall pay the actual cost of such
whether more or less than $6420.00 and additional payments to MOBIL,
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2. MOBIL agrees that any routine inspection or other maintenance
work with respect to its said pipeline shall be performed in a manner that
will minimize, to the extent reasonably possible for the type work then
required, the damage to the surface area of said Pate Road which may be
affected by an excavation including settlement of back fill or maintenance
work across MOBIL's Pipeline Easement. MOBIL acknowledges that and Pate Road
is a public rights-of-way owned by Brazos County and any work within said
rights-o.f-way shall be subject to the appropriate governing authority.
3. If necessary in MOBIL's sole opinion, MOBIL shall have the right
to excavate and cut through said Pate Road to its pipeline for servicing to
remedy the situation as then may exist; provided however, such time and area
utilization of said Pate Road shall be reduced as much as it is reasonably
possible for the type of work required that the public may resume full use of
said Pate Road.
4. It is understood and agreed with regard to the right-of-way
claimed by MOBIL to which MOBIL has no right to grant an easement but may
consent to construction of Pate Road, MOBIL hereby grants such right or
permission.
5. The terms, conditions and agreements hereof shall bind each of
the parties hereto and their successors and assigns.
6. BRAZOS COUNTY agrees to indemnify and hold MOBIL harmless from
and against any and all claims, losse41 expenses or causes of action arising
out of the negligence of BRAZOS COUNTY, its agents, servants, employees or
contractors with relation to MOBIL's Pipeline Easement .
7. MOBIL agrees to indemnify and hold BRAZOS COUNTY harmless from
and against any and all claims, losses, expenses or causes of action arising
out of the negligence of MOBIL, its agents, servants, employees or contractors
with relation to MOBIL's said Pipeline Easement.
8. Zbtal cost to Brazos County shall not exceed $7,704.00.
9. Mobil agrees to complete work within 60 days.
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IN WITNESS WHEREOF, the parties hereto through their authorized officers
and agents have executed this instrument on the day first above written.
COUNTY OF BRAZOS
J i
Judge THo mgreen
"BRAZOS COUNTY"
MOBIL PIPE LINE COMPANY
. <<ti<< 1 CI
ennar - ce res en
"MOBIL"
THE STATE OF TEXAS §
4
COUNTY OF HARRIS §
This instrument was acknowledged before me on the i day
of octo r 1987 by R. J. HolMreen
Notary Public in a or
The State of I,
My Commission Expires
Printed Name i , . i ! , i
THE STATt •OF -TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the
day
of 1987 by 7.). L
Notary Public in an or
The State of J -e---
My Comnision Expires I44, , iy y i
Pri nted Name r J ".4 i, . s tit
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