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BRAZOS COUNTY
BRYAN. TEXAS
r'9 Ro'.1 10 P.: i C: 54
A AGENDA
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BRAZOS COUNTY COMMISSIONERS' COURT MEETING
MONDAY, NOVEMBER 13, 1989, 10:00 A.M.
1. Invocation.
2. Pledge of Allegiance.
3.• Canvess the results of the November 7, 1989 Constitutional
Amendment Election.
4. Consider and take action on budget amendment.
5. Consider and take action on order appointing James A. Amis,
Jr. to sit as Special Judge for County Court at Law No. 1.
6. Consider and take action on the extension of County Indig-
ent Health Care Contract between Brazos County and Brazos
Valley Development Council.
7. Consider and take action on paper recycling program for all
Brazos County offices.
•8. Consider and take action on request from Wixon Water Supply
to install water line in county rights-of-ways of Ranchero
Road in Precinct 3.
9. Consider and take action on work outside of County rights-
of-ways for the enhancement of county road projects.
10. Acknowledge receipt of Extension Service, County and Pre-
cinct Office Reports.
11. Consider and take action on personnel change of status.
12. Consider and take action on payment of claims.
13. Executive Session to discuss personnel 6252-17(2)(g).
14. Consider and take action on Executive Session.
15. Adjourn.
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COMMISSIONERS' COURT
REGULAR MEETING
NOVEMBER 13, 1989
A regular meeting bf the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan,ABrazos County, Texas, beginning at 10:00
a.m. on Monday, November 13, 1989, with the following members of
the Court present:
R. J. Holmgreen, County Judge, Presiding;
Gary Norton, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Milton Turner., Commissioner of Precinct 4;
Frank Boriskie, County Clerk, Absent.
The following citizens and officials were in attendance:
Ruth McLeod Executive Assistant
Carol Palmer Admin. Asst. to County Judge
Bea Green Secretary to Commissioners
Rosalie Todaro Auditor's Office
Karen McQueen Co. Clerk's Office
Shirley Hartman Co. Clerk's Office
Shelley Lambert Treasurer's Office
Jeridan Strong Civil Defense Office
Chris Carter Civil Defense Office
Elizabeth Sharp Bryan/College Station Eagle
Alice Brown KBTX-TV
Joe Larger KBTX-TV
Ramiro Quintero Brazos County Resident
Joe Bruegging Bruegging Paper Stock
E. E. Burns Brazos Co. Civil Defense
Jake Cangelose Brazos Co. Civil Defense
Commissioner Sims gave the invocation and led the pledge of
allegiance.
The County Judge announced he would deviate from the agenda
to honor Mr. E. E. Burns, who since 1959 has served as Deputy
Coordinator of the Brazos County Civil Defense Unit. For thirty
years Mr. Burns has generously donated time, energy and effort to
the County. The County Judge continued by saying that it was an
honor to present him with a plaque commemorating his thirty years
of service.
The next item on the agenda was to canvas the results of the
Constitutional Amendment Election held November 7, 1989 to vote
on 21 amendments to the State Constitution. The totals are as
follows:
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Commissioners' Court meeting November 13, 1989
Amendment No.
1
Amendment No.
11
For
1,653
For
2,009
Against
4,090
Against
3,676
Amendment No.
2
Amendment No.
12
For
2,331
For
1,911
Against
3,354
Against
3,793
Amendment No.
3
Amendment No.
13
For
2,222
For
4,401
Against
3,518
Against
1,319
Amendment No.
4
Amendment No.
14
For
3,674
For
3,890
Against
2,089
Against
1,412
• Amendment No.
5
Amendment No.
15
For
3,598
For
3,721
Against
2,095
Against
1,984
Amendment No.
6
Amendment No.
16
For
4,085
For
4,058
Against
1,536
Against
1,530
Amendment No.
7
Amendment No.
17
For
3,481
For
2,503
Against
2,287
Against
3,192
Amendment No.
8
Amendment No.
18
For
2,959
For
1,871
Against
2,765
Against
3,528
Amendment No.
9
Amendment No.
19
For
4,133
For
2,530
Against
1,539
Against
2,936
Amendment No.
10
Amendment No.
20
For
3,704
For
4,011
Against
1,979
Against
1,232
Amendment
No. 21
For
2,569
Against
3,022
On motion by Commissioner Norton,
seconded by Commis
sioner Sims,
the Court voted u
nanimously to
accept as true the cumulative
county-wide totals
and ordered the results be certi
fied to the
Secretary of State
and recorded in the Official Elec
tion Records
of Brazos County.
The Court next considered Budget Amendment #13,
which would
reallocate funds budgeted for the
Sheriff's Department, office of
Constable Precinct
4 and decrease
the budgets in the offices of
Justice of the Peace Precinct 7 Pl
ace 1 and Precinct
7 Place 2 by
$466.00 each. On motion by Commissioner Turner,
seconded by
Commissioner Wilco
x, the Court vo
ted unanimously to
approve the
budget amendment
as submitted,
a copy of which
is attached
hereto.
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Commissioners' Court meeting November 13, 1989
The Court next considered an order appointing James A.
Amis, Jr. to sit as Special Judge in County Court at Law I on
November 14, 15, 16 and 17, 1989 to allow Judge Davis to take
vacation time. On motion by Commissioner Sims, seconded by
Commissioner Wilcox, the Court voted unanimously to approve the
order naming James A. Amis, Jr. as Special Judge for County
' Court at Law I for the dates of November 14, 1989 through
November 17, 1989. A full copy of the Order is attached to and
made a part of these minutes.
The next matter for consideration was the extension of the
County Indigent Health Care contract between Brazos County and
the Brazos Valley Development Council. By mutual agreement, the
contract period has been extended to cover the period October 1,
1989 through September 30, 1990 for an annual cost of $48,00.00.
All other terms and conditions of the original contract shall
remain the same. On motion by Commissioner Sims, seconded by
Commissioner Wilcox, the Court voted unanimously to approve the
contract extension. A copy of the contract is attached hereto.
Commissioner Norton addressed the Court on the need to
expand,our current recycling program by asking each Department to
save all paper and paper products. He stated this could be
accomplished by separating all stapled materials from single
sheets or computer forms and placing it in boxes that will be
picked up on a regular schedule. Commissioner Sims then moved to
expand the program to all county offices. The motion was
seconded by Commissioner Norton and carried unanimously. Mr. Joe
Bruegging, of Bruegging Paper Stock, asked to meet later with
someone with a proposal to buy the paper.
It was the consensus of the Court to table consideration of
the proposed water line installation in the right-of-way of
Ranchero Road that was submitted by Wixon Water. Ranchero Road
is a hard surfaced road requiring any installation to be bored
under the roadbed rather than cut across it as requested.
On motion by Commissioner Turner, seconded by Commissioner
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Commissioners' Court meeting November 13, 1989
Wilcox, the Court voted unanimously to authorize the following
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work outside the county right-of-way.
1. Ransom property on the north side of Mancuso Road clean
existing outlet.
2. Mieth property on north side of Luza Lane stockpile
• materials.
3. Bonifazi property on the east side of Dilly Shaw Tap
Road store two railroad flat cars.
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reports for October 1989 and receipt of reports from County and
Precinct offices showing revenues collected and remitted to the
County Treasurer. An excerpt from those reports is attached
hereto.
The Court proceeded to consider the change of status of the
following employees.
NAME
Crossman, Pamela
Williamson, J.
Patin, Don
Warner, Donald
Pittman, Steven
Data Processing
Tax Office
Juvenile Serv.
Sheriff Office
Sheriff Office
REASON
Resignation
Termination
New Employee
New Employee
Step Increase
On motion by Commissioner Turner, seconded by Commissioner
Norton, the Court voted unanimously to approve-the changes as
submitted.
The Court next considered the following Claims as submitted
by the County Treasurer for payment:
10 General Fund----------------Claims 146124 thru 146396
20 Road & Bridge---------------Claims 146528 thru 146609
21 Boonville Cemetery----------Claims 146397 thru 146398
22 Road & Bridge II------------Claims 146399 thru 146400
24 C.O. Debt Service-----------Claims 146401 thru 146403
30 Capital Projects & Improvements:
Proposition I---------Claims 146404 thru 146405
43 Oil & Gas Fund--------------Claims 146406 thru 146409
54 Health Department-----------Claims 146419 thru 146442
55 Foster Care-----------------Claims 146443 thru 146497
61 Health & Life Ins-----------Claims 146498 thru
70 Indigent Health Care--------Claims 146499 thru 146522
92 Brazos Center Sp. Events----Claims 146523 thru
94 Victim Assistance Prog------ Claims 146524 thru
97 Narc. Traf. Task Force------Claims 146525 thru 146527
. On motion by Commissioner Turner, seconded by Commissioner
Sims, the Court voted unanimously to approve the Claims as
submitted.
At 10:20 a.m. the County Judge announced the meeting closed
to the public so that the Court could meet in closed executive
session to discuss personnel.
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Commissioners' Court meeting November 13, 1989
At 10:38 a.m. the County Judge announced the meeting open to
the public. On motion by Commissioner Sims, seconded by Commis-
sioner Norton, the Court voted unanimously to promote the
maintenance night supervisor to a group 8 step 4 position as of
January 1, 1990, on motion by Commissioner Sims, seconded by
Commissioner Norton, the Court voted unanimously to deny the
request of the County Attorney to reclassify an intake secretary.
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 day of , 19a, in
Bryan, Brazos County, Texas.
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R. J Fi mgrs n
Cou y Judge
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Walter Wilcox
Commissioner, Precinct Z
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Mto'n Turner
Commissioner, Precinct 4
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Gary N on
Comma/J over, Precinct 1
Raney S WS
Commis oner, Precinct 3
Frank Borftne
County Clerk
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1989 BUDGET YEAR
f NO. 13
On this the 13th day of November 1989 at a special meeting of the
Commissioners' Court, the following members were present:
R. J. Holmgreen, County Judge, Presiding
Gary Norton, Commissioner, Precinct 1;
Walter Wilcox, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Milton Turner, Commissioner, Precinct 4;
Frank Boriskie, County Clerk.
The following proceedings were held:
THAT WHEREAS, on November 13, 1989, the Court heard and
approved a budget amendment for the 1989 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
September 29, 1988, the following amendment(s) to the original
are hereby authorized, as described on the attached 1 page(s).
ADOPTED AND APPROVED this the 13th day of November 1989
THE COMMISSIONERS' COURT OF BRAZOS 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 Amendment S 13 11-13-89
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Account No. Department
Reason Increase (Decrease)
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10-31-6210 Sheriff
Reallocation
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Off Furn/Eq.
of funds 866
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10-31-5511
Reallocation
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..Print/Filming
of funds
( 866)
NO INCREASE
TO DEPARTMENT BUDGET
10-55-5413 Constable
Reallocation
R/M Vehicle Pct. 4
of funds 2,500
10-55-6210
Reallocation
off furn /equip
of funds
( 500)
10-55-6221
Reallocation
Radio equip
of funds
(2,000)
NO INCREASE
TO DEPARTMENT BUDGET
10-37-6210 J. P.
For the purchase
off furn/eq. Pct. 7-1
of typewriter
(466)
DECREASE TO D
EPARTMENT BUDGET ($466)
10-38-6210 J.P
For the purchase
Off furn/eq: Pct 7-2
of typewriter
(466)
DECREASE TO D
EPARTMENT BUDGET ($466)
DECREASE TO GENERAL FUND BUDGET ($932)
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IN THE COMMISSIONERS COURT
OF
• BRUOS COUNTY, TEXAS
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On this the /3d. day of , 1989, the Commissioners
Court of Brazos County, Texas, convened in Regular Session at the
term of the Court, at the Brazos County Courthouse, in the City
of Bryan, Texas, with the following members present, to-wit:
R. J. Holmgreen, County Judge
Gary Norton, County Commissioner, Precinct No. 1
Walter Wilcox, County Commissioner, Precinct No. 2
Randy Sims, County Commissioner, Precinct No. 3
Milton Turner, County Commissioner, Precinct No. 4
Among other proceedings had, the following proposed order was
submitted:
"WHEREAS, The Honorable Claude D. Davis, Judge of the County Court
at Law No. 1 of Brazos County, Texas, having made known to the Commissioners
Court of Brazos County, Texas, that on November 14, 15, 16, and 17, 1989,
he will be absent from the bench because he will be on vacation.
WHEREAS, he has requested the appointment of James A. Amis, Jr. to
sit as Special Judge of the County Court at Law No. 1 of Brazos County,
Texas on the above mentioned date in all matters that are, or may be,
docketed on the Court's dockets for those days, and to have and exercise all
powers of a Special Judge in relation to matters involved, it is, therefore,
ORDERED, ADJUDGED AND DECREED, Pursuant to authority of Article
30.03, Section 2, Code of Criminal Procedure, that James A. Amis, Jr., a
former Judge of the County Court at Law of Brazos County, Texas, to sit and
hear all matters that are, or may be, docketed on any of the Court's dockets
on the above-mentioned days and shall have and exercise all powers of such
Special Judge in relation to the matters involved;
WHEREAS, the Court having considered the proposed order and deeming
that it should be approved; it is; therefore,
ORDERED, ADJUDGED AND DECREED by the Commissioners Court of Brazos
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'ounty, Texas, that the order as submitted having been read, it was moved
nd seconded that same should be approved. Thereupon, the question being
alled for, the following members of the Court voted AYE:
Judge R. J. Holmgreen Randy Sims - Pct. 3
Gary Morton - Pct. 1 Milton Turner - Pct. 4
Walter Wilcox - Pct. 2
and the following voted NO:
NONE
R. J OLMGREEN
County Judge - a;4
` • r n(c Borl. kie
County,. - Clerk
Pursuant to Article 30.05, Code of Criminal Procedure, the Clerk
tntered in the minutes as a part of the proceedings a record showing that
the oath of office prescribed by law was duly administered to James A. Amis,
Jr., as such Special Judge.
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R. J. HOLMGREEN
County Judge
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EXTENSION OF COUNTY INDIGENT HEALTH CARE PROGRA14
BETWEEN BRAZOS COUNTY
AND BRAZOS VALLEY DEVELOPMENT COUNCIL
October 1, 1989 - September 30, 1990
The contract between the Brazos Valley Development Council and Brazos
County for the County Indigent Health Care Program has been extended by
mutual agreement to cover the period October 1, 1989 - September 30,
1990, for an additional $48,000. All other terms and conditions of the
original contract shall remain the same.
Signed:
X+- 4 i0r een enn . o
ounty Judge, Brazos s County Executive Director
Brazos Valley Development Council
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As approved by the Executive
Committee at the July 14, 1988 meeting,
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the contract between Brazos
Valley Development Council and Brazos
County for the County Indigent
Health Care Program has been extended by
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S mutual agreement to cover the
period October 1, 1988 - September 30,
1989, for an additional $48,00
0. Al'I other terms and conditions of the
original contract shall remain
the same.
Signed:
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/ 'R. J. olmgreen
Glenn J Cook
,
County Judge, Brazos County
Executive Director
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Brazos Valley Development Council
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THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE
TEXAS GENERAL ARBITRATION ACT
CONTRACT
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
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
$ 48000.00 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.
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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.
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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
leas 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
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.
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5. Accept ultimate responsibility for
payment of services which may be
determined through an audit to have been
an ineligible expense.
5. Provido 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
This Contract shall continue in force and effect for a
term of one (1) year commencing on the first (1st) day l
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 }
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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.
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CANCELLATION '
This Contract may be cancelled by either of the parties
hereto upon sixty (60) days written notice as provided
herein.
INDEMNITY
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.
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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 VA DEVEL ENT COUNCIL
By:
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