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Home My WebLink About1988-02-08-1000AM-Regular• • - r i + i i s ` i c L L U A141W O'clock A M FEB 5 1988 FRANK BORISKIE BR.AZOS COUNTY Cou Clerk er u t , WPM. X fly ty BRYAN. TRXA9 AGENDA FOR COMMISSIONERS' COURT MEETING - MONDAY, FEBRUARY 8, 1988, 10100 A.M. 1. Approval of minutes of the meeting held on December 14, 1987. 2. Consideration of budget amendments. 3. Consideration of the lease agreement between Brazos County and,Brazos Valley Art League. 4. Consideration of request of Louis Garcia for the appointment of Janice June Ainsworth as Deputy Constable for Precinct 4. 5. Request by Mr. Jim Mazurkewicz to address Commissioners' Court. 6. Request by Mr. Bill Turner to address Commissioners' Court. 7. Request from Mr. Howard Cargill to address Commissioners' Court. 8. Consider Intergovernmental Agreement between Brazos County, City of Bryan, City of College Station, and City of Wixon Valley. 9. Consideration of change in status of employees. 10. Payment of claims. 11. Other Business - Discussion Only - No Action To Be Taken. 12. Adjourn 7 . t 1 . a ii i 1 w t i VD PAG A 1 i i .r., r I , I I ~ I i~ COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 8, 1988 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 10100 a.m. on Monday, February 8, 1988, with the following members of the Court presents R. J. Holmgreen, County Judge, Presidingi Bill J. Cooley, Commissioner of Precinct 11 Walter Wilcox, Commissioner of Precinct 2, Absents Billy E. Beard, Commissioner of Precinct 31 Milton Turner, Commissioner of Precinct 4; Frank Boriskie, County Clerk. The following citizens and officials were in attendances Carol Snedeker Admin. Asst. to County Judge Rosalie Todaro Auditor's Office Rebecca Shults Purchasing Sandie Walker Treasurer Terri White Deputy Treasurer Travis Nelson District Clerk Ron Miller Sheriff Louis Garcia Constable Precinct 4 Cathy Bryan Engineer's Office Ronnie Crocker Bryan/College Station Eagle Alice Brown KBTX-TV Sal Rios KBTX-TV Ramiro Quintero Brazos County Resident L. G. Crum Candidate County Comm. Pct. 3 Marc Hamlin Candidate County Comm. Pct. 3 Bubba Moore Candidate County Comm. Pct. 3 Tony Taylor Candidate County Comm. Pct. 1 Ernest Freeman Tax Payer Howard Cargill Tax Payer Richard Rosas Rosas Trucking Mike McClure McClure Engineering The Court received, approved and ordered filed as submitted the following reports for January 1988s Jim Mazurkiewicz, County Extension Agent{ Carolyn Nobles, County Extension Agent{ Betsy Harkey, County Extension Agentl Monty Dozier, 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. The Court next considered approval of the minutes of the V09.` Commissioners' Court meeting held December 14, 1987. On motion by Commissioner Cooley, seconded by Commissioner Turner, the J I r-' . ...s it i.;,.~~ :rp. .r "FY ^__.7'_„~'^'-'^-:F`.~..~.. Y-. ~.~iR'^ • i u Commissioners' Court meeting February 8,1988 Court vote unanimously to approve the minutes as submitted. The Court next considered Budget Amendment #2, which would reallocate funds budgeted for the Road and Bridge Department and increase the budget for the Oil and Gas Fund. On motion by Commissioner Beard, seconded by Commissioner Turner, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court considered approval of a lease agreement between Brazos County and the Brazos Valley Art League for the lease of space in the Brazos Center for a term beginning March 1, 1988 and ending February 28, 1989. On motion by Commissioner Turner, seconded by Commissioner Beard, the Court voted unanimously to approve the lease agreement between Brazos County and the Brazos Valley Art League. The Court next heard a request from Constable Precinct 4, Louis Garcia, for the appointment of Janice June Ainsworth as Deputy Constable for Precinct 4. On motion by Commissioner Beard, seconded by Commissioner Turner, the Court voted unanimously to approve the appointment of Janice June Ainsworth as Deputy Constable for Precinct 4. The County Judge announced that due to a cancelation of plans, Mr. Jim Mazurkeiwicz would not be addressing the Court. The Court next considered a request from District Attorney, Bill Turner for approval for payment of out of state travel expenses for Laurie Hubbell and Elizabeth Holbert. Me. Hubbell would be traveling to Los Angeles to attend a seminar on Child Abuse and Exploitation and Ms. Holbert would be traveling to New Orleans to attend a seminar on Prosecuting Drug Cases. Attendance at seminars is in compliance with the continuing education requirements for prosecuting attorneys. On motion by Commissioner Beard, seconded by Commissioner Turner, the Court voted unanimously to approve the request of the District Attorney for out of state travel expenses for Ms. Hubbell and Ms. Holbert. The County Judge recognized Mr. Howard Cargill who had asked to address the Court concerning Steep Hollow Road in Precinct 3. t 4 t~ t i i ,I I t t V ® P fl. a h I ~ Commissioners' Court meeting February 8,1988 V® Mr. Cargill presented a signed petition with the names of approx- imately 200 to 250 residents in the area requesting something be done towards repairing the 2 1/2 mile section of road. Mr. Cargill made several recommendations that would aid in finding a solution to the problem. Commissioner Beard informed Mr. Cargill that work would begin the last part of this summer of 1988 and hoped widening could be done if he could get the right- of-way from the landowners. Mr. Cargill challenged Mr. Beard to accomplish this before the end of 1988. The County Judge thanked Mr. Cargill for bringing this to the attention of the Court. The next matter for consideration by the Court was approval of an Intergovernmental Agreement between Brazos County, the City of Bryan, the City of College Station and the City of Wixon Valley for the maintenance, operation and common use of certain roads lying within the jurisdiction of the cities. Brazos County would be responsible for the construction, operation, maintenance, and administration of the roads in exchange for the cities' providing certain similar aid, assistance or compensation to the County. On motion by Commissioner Beard, seconded by Commissioner Cooley, the Court voted unanimously to enter into agreement with the cities of Bryan, College Station and Wixon Valley for the construction, operation, maintenance, and administration of the roads in exchange for the cities' providing certain similar aid, assistance or compensation to the County. The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Wilkening, Michael Sheriff Office Step Increase Scott, Bradley Sheriff Office Step Increase On motion by Commissioner Turner, seconded by Commissioner Beard, the Court voted unanimously to approve the changes as submitted. PAG 26(1 ~l i~ l I , lj t~ 111 (1 k ii I • • Commissioners' Court meeting February 8,1988 The Court next considered the following Claims as submitted by the County Treasurer for payments 10 General Fund------------Claims 98697 thru 98976 20 Road & Bridge-----------Claims 99027 thru 99129 30 Capital Projects & Improvementsi N Proposition I-----Claims 98977 thru 98982 40 Law Library-------------Claims 98983 thru 98986 54 Health Department-------Claims 99003 thru 99012 55 Foster Care-------------Claims 99013 thru 99019 70 Indigent Health Care----Claims 99020 thru 99026 On motion by Commissioner Turner, seconded by Commissioner Beard, the Court voted unanimously to approve the Claims as submitted. • Under other business the County Judge informed the Court that he had received a letter from the 85th District Judge, requesting approval for out of state travel for his court coordinator to attend a work shop in Boston. Mrs. Sprouse is the recipient of the Jack Dillard Scholarship to the Institute for Court Management of the National Center for State Courts. This is a full scholar- ship to attend a one week work shop. It was the consensus of the Court that it be placed on the agenda for the next Commissioners Court meeting. Sheriff Ron Miller asked the Court the status of the Minimum Security Jail. The County Judge replied that the proposals would be sent out this week to the architects. Sheriff Miller read aloud the jail status report. On February 5, 1988 there were 168 inmates in the County Jail with 16 of them sleeping on the floor. On February 6, 1988 there were 179 inmates in the County Jail with 25 sleeping on the floor. On February 7, 1988 there were 180 inmates in the County Jail with 28 sleeping on the floor. The Sheriff informed the Court that he was currently holding 40 prisoners in the County Jail that had been sentenced to the Texas Department of Correction. Commissioner Cooley inquired about the tract of land located in Bryan on South College Avenue as a possible site for a minimum security jail. The Sheriff indicated there would be considerable opposition from the residents of the neighborhood. Commissioner Turner informed the Court that he had already encountered opposition to a minimum security jail from the people living near the newly purchased Viking Property. The County Judge VOL--.4/ PAG 7 ~r { 1` ~~+-~-•+r~.+-rT+~~w_>'~'~wwrsA'~'~FiwVr+.-~•--.r.+r. 1.-.~ - • '~1` ~-~'+n~-+'. rte,. T~--.tp~-~_ _ Lh 4 i Commissioners' Court meeting February 8,1988 stated there are other options to explore and that a thorough study needed to be made before they committed to anything. He vent on to say that he did not want to end up with a facility that would supposedly serve the needs of the County for ten years or more and have it become over crowded in two years time as has occurred with the County Jail. There being no further business to come before the Court, the meeting was adjourned. I 4 i 9 • The foregoing minutes have been examined and approved in open Court this the day of , 19g0 , in Bryan, Brazos County, Texas. R. J 'Bill J mg een oo ey Count Judge Commi isioner, Precinct 1 ~ ~~Z Walter Wilcox Commissioner, Precinct 2 Commissi ' r k==_ - - - 7 .1 J Mi ton urner ran Boris e Commissioner, Precinct 4 County Clerk • PAGE V®L i a 2 1 yl r 1 - - - wi. a r - ' 1 , OFFICERS REPORTS JANUARY 1988 FRANK BORISKIE, COUNTY CLERK Fees Trial Fee County Judge Fees County Attorney Fees Sheriff's Fees Arrest Fees Bond Service Fees Fees-Bryan/College Station Criminal Justice Planning Law Enforcement Fees Victims of Crime Judicial Court Training Law Library Fees Road and Bridge Fines Appellate Court Fees Other/Judges Education Interest/Bail Bond Account TOTAL TRAVIS NELSON, DISTRICT CLERK Fees Trial & Jury Fee Sheriff's Fees Sheriff's Jury Fees District Attorney Fees DPS Arrest Fees Criminal Justice Planning Law Enforcement Fund Victims of Crime Fund Judicial Court Training Road and Bridge Fines Law Library Fees Appellate Court Fees TOTAL B.H. DEWEY, JR., JUSTICE OF PEACE PRECINCT 4, PLACE 1 Fines Small Claims Civil Claims Sheriff's Fees Constable Fees-Pct. 4 Citation Fees Jury Fee Copies/Abstracts of Judgement Other TOTAL j $24,000.25 375.00 121.00 2,852.00 899.50 888.00 444.00 0.00 750.00 75.00 1,125.00 74.00 142.50 13,436.00 15.00 48.00 0.00 $45,245.25 ;1 i ~ s , I a ,t .s i $15,251.20 155.00 1,718.30 685.00 147.60 0.00 60.00 3.00 55.00 2.00 801.55 1,027.50 645.00 $20,551.15 $0.00 56.00 505.00 0.00 1,765.00 111.00 3.00 35.00 12.15 $2,487.15 ,r Q V®L PAG_ _i r , OFFICERS REPORTS JANUARY 1988 t CAROLYN M. HF.NSARLING, JUSTICE OF PEACE, PRECINCT 4, PLACE 2 Fines (County Share) $8,792.70 i Sheriff Fees 37.00 Brazos County - Arrest Fee 3.00 TABC - Arrest Fee 30.00 t DPS-Arrest Fee 501.00 Parks & Wildlife-Arrest Fee 18.00 Deferred Adjudication Fee 13.50 Jury/Citation Fees 0.00 Driving Safety/Insurance Fees 350.00 Certified Copies/Abstracts 0.00 Checking Account Interest 59.57 Criminal Justice Planning 965.00 ' Law Enforcement Fees 280.50 Crime Victims Compensation 633.00 Judicial Court Training 187.00 Operators/Chauf. License Fund 75.00 TOTAL $11,945.27 MICHAEL B. CALLIHAM, JUSTICE OF PEACE, PRECINCT 7, PLACE 1 Fines (County Share) $0.00 Constable-Fees - Pct. 7 0.00 TAMU-Arrest Fee 0.00 Parks & Wildlife-Arrest Fee 0.00 Other (TABC-Arrest Fee) 0.00 • Small Claims/Civil Fees 0.00 Certified Copies/Abstracts 0.00 Jury/Citation Fees 0.00 Driving Safety/Insurance Fees 0.00 Checking Account Interest 0.00 Criminal Justice Planning 0.00 Law Enforcement Fees 0.00 , Crime Victims Compensation 0.00 Judicial Court Training 0.00 Operators/Chauf. License Fund 0.00 TOTAL $0.00 WES HALL, JUSTICE OF PEACE, J PRECINCT 7, PLACE 2 Fines (County Share) $2,462.00 Constable Fees - Pct. 7 280.00 , Other (TABC-Arrest Fee) 0.00 Parks & Wildlife-Arrest Fee 0.00 TAMU-Arrest Fee 165.00 DPS-Arrest Fee 15.00 Small Claims/Civil Fees 119.00 ` u Certified Copies/Abstracts 0.00 ' Jury/Citation Fees 0.00 Driving Safety/Insurance Fees 160.00 1 Checking Account Interest 15.45 y Criminal Justice Planning Law Enforcement Fees 300.00 81.00 Crime Victims Compensation 180.00 Judicial Court Training 60.00 Operators/Chauf. License Fund 0.00 TOTAL $3,837.45 3 vo~~-PAGe_2.7M- j r I, - e . OFFICERS REPORTS JANUARY 1988 I ' MARY HORN, JUSTICE OF PEACE, PRECINCT 2 Fines (County Share) Sheriff Fees Constable Fees DPS-Arrest Fee Parke & Wildlife-Arrest Fee TABC-Arrest Fee Civil Fees/Small Claims Certified Copies/Abstracts Jury/Citation Fees Driving Safety/Insurance Fees Checking Account Interest Court Fee Criminal Justice Planning Law Enforcement Fees Crime Victims Compensation Judicial Court Training Operators/Chauf. License Fund TOTAL TOMMY LYONS, JUSTICE OF PEACE, PRECINCT 1 Fines (County Share) Sheriff Fees Constable Fees DPS-Arrest Fee Parks & Wildlife-Arrest Fee Civil Fees/Small Claims Certified Copies/Abstracts Jury/Citation Fees Driving Safety/Insurance Fees Checking Account Interest Criminal Justice Planning Law Enforcement Fees Crime Victims Compensation Judicial Court Training Operators/Chauf. License Fund TOTAL RAY TRUELOVE, JUSTICE OF PEACE, PRECINCT 3 Fines (County Share) Sheriff Fees Constable Fees Pct. 3 DPS-Arrest Fee Parks & Wildlife-Arrest Fee Civil Feea/Small Claims Certified Copies/Abstracts Jury/Citation Fees Driving Safety/Insurance Fees Checking Account Interest Criminal Justice Planning Law Enforcement Fees Crime Victims Compensation Judicial Court Training Operators/Chauf. License Fund TOTAL VI PAGE_ 21.2"' $3,125.30 6.00 35.00 204.00 3.00 12.00 7.00 7.50 5.00 315.00 53.07 0.00 380.00 110.00 237.00 75.00 0.00 $4,574.87 $1,792.00 0.00 0.00 126.00 0.00 0.00 0.00 0.00 180.00 16.47 210.00 60.00 126.00 42.00 75.00 $2,627.47 $5,741.50 3.00 35.00 360.00 0.00 15.00 25.50 5.00 340.00 22.12 605.00 176.50 363.00 121.00 300.00 $8,112.62 r ,31 1 OFFICERS REPORTS JANUARY 1988 ANTONE DOBROVOLNY, JUSTICE OF PEACE, PRECINCT 5 ' Fines (County Share) Sheriff Fees Constable Fees-Pct. 5 DPS-Arrest Fee Parke & Wildlife-Arrest Fee Civil Fees/Small Claims Certified Copies/Abstracts Jury/Citation Fees Driving Safety/Insurance Fees Checking Account Interest Criminal Justice Planning Law Enforcement Fees Crime Victims Compensation Judicial Court Training Operators/Chauf. License Fund TOTAL RAYMOND DAY, CONSTABLE, PRECINCT 1 Fees JOHNNY BURKHALTER, CONSTABLE, PRECINCT 2 Fees MERL SMITH, CONSTABLE, PRECINCT 3 • Fees LOUIS GARCIA, CONSTABLE, PRECINCT 4 Fees Interest Total SAM FACHORN, CONSTABLE, PRECINCT 5 Fees WINFRED PITTMAN, CONSTABLE, PRECINCT 7 f Fees BRAZOS CENTER Fees Interest TOTAL • $7,460.43 0.00 0.00 444.00 3.00 0.00 25.50 6.00 500.00 41.95 755.00 212.50 453.00 151.00 0.00 $10,052.38 $0.00 $0.00 $70.00 $2,241.00 244.33 $2,485.33 $245.00 $0.00 $6,127.00 100.57 $6,227.57 ,I i IT v N w 1 V® PAG i . 4 J r OFFICERS REPORTS JANUARY 1988 RONNIE MILLER, SHERIFF + Bail Bond Fees $260.00 Civil Fees 793.00 Meal Reimbursement 4,290.00 Bail Bond Board Interest 143.69 TOTAL $5,486.69 E. A. WENTRCEK, ' JUVENILE PROBATION Fees $1,158.19 Interest 30.61 , Total $1,188.80 DAN BETO, ADULT PROBATION Fines $0.00 Court Coate 0.00 TOTAL $0.00 JIM KUBOVIAK, COUNTY ATTORNEY Check Collection Fees $0.00 Check Subcription Fees 0.00 Investigator Fees 0.00 TOTAL $0.00 GERALD L. WINN, TAX ASSESSOR/ COLLECTOR Ad Valorem $0.00 Fees 0.00 1 TOTAL $0.00 i 74 V®d. PAG I ya' . Y ~i BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1988 BUDGET YEAR NO. 2 • ; ail r on this the •day of February 1988 at a regular meeting of the Commissioners' Court, the following members were presents , R. J. Holmgreen, County Judge, Presiding, ; Bill J. Cooley, Commissioner, Precinct li Walter Wilcox, Commissioner, Precinct 21 Billy E. Beard, Commissioner, Precinct 31 Milton Turner, Commissioner, Precinct 41 The following proceedings were heldi THAT WHEREAS, on February 1988, the Court heard and approved . a budget amendment for the 1988 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, 1987, the following amendment(s) to the original nre hereby authorized, as described on the attached 1 page(s). ADOPTED AND APPROVED this the JA-th day of February 1988 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. 1 Bys Holmgreen, County Judge Originals County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File .i i } Vp PAGE ij 1 , d t # 2 d 2- 88 men get Amen Bu Account No. Department Reason Increase (Decrease) 20-40-5117 Road 6 Bridge Reallocation Laborer-Other of funds 13,055 20-40-5120 Reallocation Retirement of funds 914 20-40-5121 Reallocation Social Security of funds 981 20-40-5122 Reallocation Group Insurance of funds 1,212 20-40-5123 Reallocation Workers Comp of funds 3,904 20-40-5124 Reallocation Unemp. Insurance of funds 60 20-40-6230 Reallocation Maj. R&B Projects of funds (16,227) NO INCREASE TO DEPARTMENT BUDGET 43-67-5641 Oil & Gas Clerical Error Cont. Services No funds bud. for EMS radio at St. Joseph Hoop. 1,000 INCREASE TO OIL AND GAS FUND BUDGET $1,000 i 4--PAGE,216 , i i r'-•^-^-C•±r-7e!~T.T;iKn"ST`.'7~~T~~._T•,..~-r..~•-,f.~, ~...t :.-,-~T +w~~-r.1T".~.-..~ n,.~.r„__..Zi+~"-~~ „ - • T ~ 'ti"' • i • • STATE OF TEXAS COUNTY OF BRAZOS LEASE AGREEMENT This agreement is made between BRAZOS COUNTY, TEXAS, hereinafter called Lessor, and BRAZOS VALLEY ART LEAGUE, hereinafter called Lessee is as follows: Lessor, the Owner of the Brazos Center, a multi-use building and the adjacent grounds has agreed and,does hereby agree, to lease and demise unto lessee, a portion of the Brazos Center, hereinafter described, upon the following terms and conditions. 1. Lessee shall be entitled to the space allocated to it by the Director of the Center for a term beginning March 1, 1988 and ending February 28, 1989. The space allocated to lessee is de- scribed in Attachment "A" hereto, which has been signed by the Director of the Center. 2. A. In consideration therefore, Lessee agrees to pay the Lessor on the first day of each calendar month during the term hereof, in advance, the sum of $50 representing the agreed monthly rental for use of such space as herein set forth. B. In addition Lessee has permission to use Concourse space, as scheduled with (and convenient to more extensive uses of) the Brazos Center for three art shows per year, namely tile nnnunlly held Juried Art Show, the Nature in Art Show and the Youth Art Show. Other space used in conjunction with either allow shall require satisfactory payment for additional space. 3. Lessee agrees to arrange and hang work of local artists on a continual basis in Showcase III. Artists works chosen to be spotlighted are the sole responsibility of Lessee. At least ten artists per year will be featured. 4. Lessor shall furnish all utilities, including gas, water and electricity. 5. Lessee will pay the regular User fees for space used by it, other than space allocated to it under this agreement. 6. Lessor does not provide and will not provide furnishings, cust- odial care, or maintenance of the space allocated to Lessee under this agreement. 7. Lessee shall take good care of the space allocated to it, reason- able wear and tear only excepted, and shall surrender the premises at the termination of this agreement. 8. Lessee agrees that no improvements to or alterations to the space shall be made without the consent of Lessor in writing. 9. Risk of loss of all property owned by Lessee shall remain with Lessee, it being understood that Lessor will maintain no in- surance on such property. Any insurance desired by Lessee on Lessee's property shall be purchased by Lessee at its expense. d , 1 i 'S i i 9 VOL AGE eP 77 r rt"' ~ ~ r _ ~-.-Y O..-R~v*~ -.-~-~..`~ro ---ter.--+e~-i+~n -.a+.n- r-.+ -a c v~ 1 10. Lessor shall not be liable to Lessee or the Lessee's employees for any damage to person or property caused by the negligent act of Lessor, is agent, servants, or employees or due to the act of any other tenant in the building, or due to any defect or want of repair in any part of the building of which the allocated space forms a part. Lessee agrees to hold Lessor harmless from any and all claims, damages, expenses, including attorney's fees, growing out of or arising from any negligent act on the part of Lessee, its agents, servants or employees. 12. No sign shall be placed at, on, or about the premises by Lessee except with the approval of the Center Director in writing. IN TESTIMONY WHEREOF, the parties to this agreement have hereunto set their hands in duplicate, the day and year written below. BRAZOS COUNTY, TEXAS R.J. 0 REEN, RAZ S COUNTY JUDGE LESS e DATE BRAZOS VALLEY ART LEAGUE - d6ei:~~ 6~ 1 ' PRESIDENT, BRAZOS VALLEY ART LEAGUE LESSEE z-J - FV DATE i i i VOL -PAGE 221- 0 1 • lu• IU STORAGE NALL { ,~LJ. STORAGE SERVERY JAMTOR ~7 { , V ~~...f~.'^s {U IOTCNEN MEN I R J UNLOADING N WOMEN @ I f 1 STORAGE I RECENNG - _ d r RAAp M ryL- STORAGE of I E J 12 t 108 106 104 N<l } 1 ca H U S U M Studio Studio II Studio la o ..1 PLATFORM I r„~' III ASSEMBLY I ASSEMBLY II STAGE " WOIIFROOM > CORRIDOR z ToR ~ ~ 105 I'S CLASSROOM aA95R00A1 I 11 o"PE c { rl - aA S OOV CT i ~NEARSA-- " s c 102 ' S S u " I OFFICE RECEPTION OFFICE SiORAG'E - C '•L L DISPLAY DISPyAI I~ ' I DI:P~AI DISPLAY r,7~ UT G w ` CONCOURSE DISPLAY CONCOURSE DISPLAY ~ VENDwG m VQ k n AF►A5 ' ( N I VESflBIAE JAN y VESTIB.:LE FN`Rr VESrFULE JAN > ~ - +ESY E ~ TICS 4.ES • CONff S✓JIS SALES MEN WOMEN MEN WLMICN I .•i e n STORAGE STORAGE d r \ - _ o A 1\ •~rMt J"M ~1r) i I I ~r~r. .iy P`r'!t i l 1 f , 1 F ~ ' • 1 ~ U •1 • • • THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS, THAT: COUNTY OF BRAZOS § This Agreement, made and entered into this day of , 1987, by and between BRAZOS COUNTY, TEXAS, a body politic, hereinafter referred to as "County", the City of Bryan, hereinafter referred to as "Bryan", the City of College Station, hereinafter referred to as "College Station", and the City of Wixon Valley, hereinafter referred to as "Wixon" (hereinafter sometimes collectively referred to as the "Cities"). W I T N E S S E T H: 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 maintenance, operation and common use of certain roads lying within the jurisdiction of Cities; and WHEREAS, County has constructed and presently maintains the roads more particularly described on °_xhibit "A", (herein the "Roads") attached hereto and made a part hereof, which Roads are within the jurisdiction of the cities; and ! gHEREAS, it is the intent of the parries hereto that the Count.i will ce responsible for the construction, operation, maintenance, and administration of the Roads in exchange for the Cities' providing certain similar aid, assistance or compensation to the =ounty, V®L PSGL- 1 1 t r - • 1 • I NOW, THEREFORE, for and in consideration of the mutual covenants herein recited the parties hereby 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 Roads; and WHEREAS, the parties hereto agree as follows: 1. POWERS OF THE CORPORATION. That the County shall be empowered with the authority and on its own behalf or pursuant to a written contract with third parties, to improve, construct, maintain, repair, control, regulate, administer and operate the Roads for the use and benefit of the parties to this agreement. In exchange for such maintenance, operation and administration of the Roads, the Cities shall provide the County with assistance including, but not limited to, permitting the County to use special equipment and machinery owned by the Cities, provision of labor for special jobs undertaken by the County, aid the County in environmental work necessitated by the creation or maintenance of rights-of-way, aid with any administrative duties connected with such road system and any and all other aid, assistance or compensation upon which the parties =an agree. 2. BOOKS AND RECORDS. County shall maintain or cause to be maintained, adequate and correct accounts of the !unds expended by the County to maintain the Roads, which accounts 7 2 1 ' AT4CA ot•7"-,ice f+T"T^'.V~•'Ll.l~'^."::~l.~S`F:C1~T:16"..^n.~'.7 ~T..-'.-+.~.--+.-.. .+..'^wT+'~~f :n.•tT_.-.r~-r.-.r+< r Y • l~J i , shall be open to inspection at any reasonable time by the parties hereto, their attorneys, or their agents. 3. DEFAULT IN PERFORMANCE. In the event any party hereto fails to perform any of its covenants and undertakings under this agreement, County shall cause written notice to be given to such defaulting party, of its intention to terminate said agreement 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 County shall cease to bear the cost of repair, maintenance and operation of those Roads within the defaulting party's jurisdiction. 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. 4. T` MINATION OF AGREEMENT. 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 5 of this agreement or until sooner terminated by a majority of the parties hereto. Except pursuant to a mutual agreement by all parties to this agreement, in the event that any party hereto elects to terminate its rarricipation in this agreement prior to the end of any period this agreement, such party shall be considered in default of this agreement and accordingly sham forfeit its fight to .ave the Roads in its jurisdiction maintained by the County. VOL PAGE a83 , a r 4 , 5. 8MEN12 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 of the parties. 6. SEVERABILITY CLAUSE. If any provisions of this agreement or the application thereof to any party or circum- stances is held invalid, such invalidity shall not affect other provisions or applications of the agreement which can be givecl effect without the invalid provision or application, and to this and the provisions of the agreement are declared to be severable. 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, TEXAS By: Judge R. J. Holmgreen ATTEST: CITY OF BRYAN By: Marvin Tate, Mayor APPROVED AS TO FORM By: 11 , 1 r• VOL PAGE APPROVED AS TO SUBSTANCE By: 4 I ~ ~I I r I n u • n. ~ - - ' .T^~__.st•L'l'R'^ .A:n^hr, X^~•.V•..t~.flw-•~. TR^ -••_'T r--eS••-!••Ff11. ~1 .`.Z",~'R._'71'°.. -.T., rc,. AFA 1, 1 ~ • 1 • 7 ATTEST: CITY OF COLLEGE STATION r By' Mayor APPROVED AS TO FORM By: APPROVED AS TO SUBSTANCE BY: ATTEST: CITY OF WIXON VALLEY By. Mayor APPROVED AS TO FORM APPROVED AS TO SUBSTANCE By: By: 87-3055P/PEM:dlp 5 VOL PAGE