HomeMy WebLinkAbout1989-12-18-0600PM-Speciali
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BR.AZOS COUN
BRYAN. TEXA6
AGENDA
BRAZOS COUNTY COMMISSIONERS' COURT MEETING
MONDAY, DECEMBER 18, 19899 6:00 P.M.
1. Invocation.
2. Pledge of Allegiance.
3. Consider and take action on the establishment of additional
absentee boxes in Brazos County.
4. Consider and take action on budget amendments.
5. Consider and take action on work outside of county rights-
of-ways for the enhancement of county road projects.
6.• Consider and take action on request from United Telephone
Company of Texas, inc. to install cable in county rights-
of-ways in Precinct 1.
7. Consider and take action on the acceptance of roads and
drainage for maintenance by Brazos County in Deer Trail
Subdivision and Deer Crossing Subdivision in Precinct 4.
8. Consider and take'action on request from the Brazos County
Sheriff authorizing him to enter into a law enforcement
mutual assistance agreement with Chief of Police - College
Station, Chief of Police - Bryan and Chief of Police -
Texas A&M University.
9. Consider and take action on local agreement between the
Brazos County Sheriff's Department and the Prosecuting
Attorney in regard to disposition of forfeited property.
10. Acknowledge letter from Sheriff Ronnie Miller in regard
to the recently installed pay phones in the county jail.
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), and
litigation 6252-17(2)(e).
14. Consider and take action on Executive Session.
15. Adjourn.
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COMMISSIONERS' COURT
SPECIAL MEETING
DECEMBER 18, 1989
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 6:00 p.m.
on Monday, December 18, 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.
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
Sandie Walker Deputy Treasurer
Travis Nelson District Clerk
Ernie Wentrcek Juvenile Services
Elizabeth Sharp Bryan/College Station Eagle
Alice Brown KBTX-TV
Ashely Bracken KBTX-TV
Dick Britten Candidate Co. Commissioner Pct. 4
Jim Allison Allison & Associates
Lisa Roberts Allison & Associates
Ron Gay B. C. Democratic Party
Rodger Lewis B. C. Republican Party
Commissioner Sims gave the invocation and led the pledge of
allegiance.
The first matter before the court was an Order for the
establishment of temporary branch absentee polling places within
the cities of Bryan and College Station. Commissioner Sims made
a motion to establish three (3) temporary branch absentee polling
places, 1) at Santa Teresa Church on Lucky Street in Bryan, 2) at
the MSC on the TAMU campus and 3) at the A&M Consolidated School
Offices on Welch Street in College station. The motion was
seconded by Commissioner Norton. Commissioner Turner asked why a
branch was proposed that was only 7/10 of a mile from the
Courthouse. He asked to amend the motion of Commissioner Sims to
place the box at the Milam School rather than Santa Teresa
Church. Commissioner Sims accepted the amended motion,
Commissioner Norton seconded the amended motion. In a show of
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Commissioners' Court meeting December 18, 1989
hands Commissioners Wilcox, Sims and Norton and the County Judge
voted •Aye• Commissioner Turner voted 'No'. The County Judge
declared the motion carried. A copy of the Order Establishing
Temporary Branch Absentee Polling Places is attached to and made
a part of these minutes.
The Court next considered Budget Amendment #19, which would
increase the budgets of Veteran Service office, Civil Defense,
361st District Court, Fire Protection, Juvenile Services and
County Attorney with no increase to the General Fund. On motion
by Commissioner Turner, seconded by Commissioner Sims, the Court
voted unanimously to approve the budget amendment as submitted, a
copy of which is attached hereto.
The Court next considered authorizing work outside of county
rights-of-ways for the enhancement of county road projects. The
Road and Bridge Department requests permission to enter the
private property of Pete Clary on Locke Road for the burial of a
dead cow for health reasons. On motion by Commissioner Sims,
seconded by Commissioner Norton, the Court voted unanimously to
authorize the work.
The Court next considered the request by United Telephone
Company to install buried Communications Cable upon and along the
right-of-way of McCrory Road in Precinct 1. On motion by
Commissioner Norton, seconded by Commissioner Sims, the Court
voted unanimously to approve the request of United Telephone
Company and authorized the installation. A copy of the request
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is attached hereto.
s The Court next considered acceptance for maintenance the
roads in the Deer Trail Subdivision in Precinct 4. On motion by
Commissioner Turner, seconded by Commissioner Sims, the Court
unanimously accepted the roads in the Deer Trail Subdivision for
maintenance.
On motion by Commissioner Turner, seconded by Commissioner
Sims, the Court voted unanimously to approve the request of the
Sheriff to enter into and execute a Law Enforcement Mutual
Assistance Agreement with the City of College Station Police
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Commissioners' Court meeting December 18, 1989
Department. A copy of the agreement is attached.
On motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to authorize the Sheriff to
enter into and execute an agreement with the District Attorney
regarding the disposition of funds generated from seized property
pursuant to Chapter 59 of the Code of Criminal Procedure. A copy
of the agreement is attached hereto.
The Court next heard from Sheriff Miller regarding the
recently installed pay phones in the county jail. Sheriff Miller
informed the court that from November 9, 1989 until November 28,
1989 the county earned $1,325.74 in commissions on the telephone
system. This represented a nineteen (19) day period. Future
checks will cover thirty day periods. The members of the Court
congratulated the Sheriff on a job well done.
The Court proceeded to consider the change of status of the
following employees.
NAME DEPARTMENT REASON
Stegal, Susan County Attorney Resignation
Munguia, Rosalinda Data Processing , Step Increase
Kohler, Jeannine Tax Office Reclassify
Greenlee, Susan Tax Office Reclassify
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On motion by Commissioner Norton, seconded by -Commissioner
Turner, 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 148644 thru 149062
20 Road & Bridge---------------Claims 149228 thru 149295
22 Road & Bridge II------------Claims 149063 thru 149064
30 Capital Projects & Improvements:
Proposition I---------Claims 149065 thru 149066
40 Law Library-----------------Claims 149067 thru 149069
41 Court Master Grant----------Claims 149070 thru 149072
54 Health Department-----------Claims 149090 thru 149119
55 Foster Care-----------------Claims 149120 thru 149123
60 Payroll---------------------Claims 149124 thru 149137
61 Health & Life Ins-----------Claims 149138 thru 149144
70 Indigent Health Care--------Claims 149145 thru 149198
90 Community Services Off------Claims 149212 thru 149213
91 Juvenile Comm. Grant--------Claims 149214 thru 149215
92 Brazos Center Sp. Events----Claims 149216 thru
94 Victim Assistance Prog------ Claims 149217 thru 4921
95 Comm. Crime Prevention------Claims 149220 thru 149221
97 Narc. Traf. Task Force------Claims 14 22 thru-'1-43-2-27
On line checks - 149065
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Commissioners' Court meeting December 18, 1989
On motion by Commissioner Turner, seconded by Commissioner
Norton, the Court voted unanimously to approve the Claims as
submitted.
At 6:35 p.m. the County Judge announced the meeting closed
to the public so that the Court could meet in closed executive
session to discuss personnel.
At 6:38 p.m. the County Judge announced the meeting open to
the public. On motion by Commissioner Norton, seconded by
Commissioner Sims, the Court voted unanimously to deny the
request of the Tax Office to give a six month step increase from
a step 2 to a step 3.
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
p~~ in
Bryan, Brazos County, Texas.
A13Sf I~t
R. J. Hoolmgreen
County Judge
a Iter Wilcox
Commissioner, Precinct 2
Hilton Turner
Commissioner, Precinct 4
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Gary o n
Commiss net, Precinct 1
.I~1 f
Ran y S s
Commis ioner, Precinct 3
Fran Bot s
County Clerk
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BRiAZOS COUNTY
BRYAN. TEXAS
(WER ESTABLISEUNG TEIPPORARY BRANCH ABSEMM POLLING PLACES
WHEREAS, the Commissioners Court of Brazos County,
Texas has considered the establishment of three branch absentee
polling places in various locations in Brazos County; and
WHEREAS, the Republican Party of Brazos County has
officially requested that a branch absentee polling place be
established on the Texas A&M Campus in the Memorial Student
Center, College Station, Texas; and
WHEREAS, the Commissioners Court is desirous of
treating all voters of Brazos County equally; and
WHEREAS, the Commissioners Court is desirous of
increasing voter participation and in furthering the convenience
to all voters who wish to vote absentee; and
WHEREAS, the designation of additional branch absentee
polling places will encourage greater voter participation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS
COURT OF BRAZOS COUNTY, TEXAS, THAT:
Pursuant to section 85.062(a)(1) that three temporary
branch absentee polling places be established in Brazos County
to wit:
(1) THAT one temporary branch absentee polling place
be located in the Milam Elementary School located at 1201
j Ridgedale Street, Bryan, Texas; and
(2) THAT one temporary branch absentee polling place
be located in the Memorial Student Center located on the Texas
A&M campus, College Station, Texas; and
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• (3) THAT one temporary branch absentee polling place
be located in the College Station Independent Schoold District
Administration offices located at 1812 Welch Street, College
Station, Texas; and
(4) THAT absentee voting is to be conducted on the
same days and during the same hours as voting is conducted at the
main absentee polling place; and
(5) THAT submission be made to the Assistant Attorney
General, Civil Rights Division, Voting Section, Department of
Justice, Washington D. C. requesting the preclearance of this 1►
Order pursuant to Section 5 of the Federal Voting Rights Act.
ADOPTED this 18th day of December, 1989 by a vote of
four AYES and one NAYS.
• ATTEST: - ~
R. J. olmgreen, Co y Judge
Frank Boz skie, County Clerk
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ORDER ESTABLECIENDO SITIOS TENPORARIOS
DR VOTACION EN AUSENCIA
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POR CONSIGUIENTE, la corte de comisionarios del condado de
Brazos, estado de Texas ha considerado el establecimiento de
casillas de votacion en ausencia en tres sitios en el condado de
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Brazos; y
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POR CONSIGUIENTE, el partido republicano del condado de
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Brazos ha pedido que una casilla de votacion en ausencia sea
establecida en el campo de Texas A&M University en el edificio
Memorial Student Center en College Station; y
POR CONSIGUIENTE, la corte de comisionarios del condado de
Brazos desea tratar todos a los votantes del condado igualmente;
y
POR CONSIGUIENTE, la corte de comisionarios del condado de
Brazos desea aumentar la participacion de los votantes y promover
la oportunidad a todos los votantes que desean votar en ausensia;
y
POR CONSIGUIENTE, el nobramiento de ramos adicionals de
votacion en ausencia va animar mas participacion de los votantes;
AHORA, ORDENADO, ADJUDTCADO Y DELARADO POR LA CORTE DE
COMISIONARIOS DEL CONDADO DE BRAZOS, EL ESTADO DE TEXAS, QUE:
En acuerco con seccion 85.062 (a)(1) que tres ramos temporarios
de casillas de votacion en ausencia sean establecidos en el
condado de Brazos sean:
1. QUE una casilla temporaria de votacion en ausencia sea
establecida en el Milam Elementary School en 1201 Ridgedale
Street, Bryan, Texas; y
2. QUE una casilla temporaria de votacion en ausencia sea
establecida en el Memorial Student Center en el campo de Texas
A&M University en College Station, Texas; y
3. QUE una casilla temporaria de votacion en ausencia sea
establecida en las oficinas del College Station Independent
School District Administration Offices en 1812 Welch Street,
Colege Station, Texas; y
4. QUE la votacion en ausencia se lleve a cabo los mismo
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dias y durante las mismas horas que la votacion se lleve a cabo
en la casilla principal de votacion en ausensia; y
5. QUE la sumision sea hecha al Ayudante Procurador
General, Oficina de Derechos Civiles, Seccion de Votacion,
Departamento de Justicia, Washington D.C. pidiendo despejo de
esta orden en acuerdo con Seccion 5 de del Acta Federal de
Derechos de Votacion.
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ADOPTADO este dia el 18 de deciembre de 1989 con el voto de
cuatro respuestas afirmativas y una respuesta negative.
TESTIGO:
R.
nk Boriskie; County Cler
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BRA20S COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1989 BUDGET YEAR
NO. 19
On this the 18th day of December 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 December 18, 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 18th day of December 1989 !
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. I~
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By: ~ R. J. Holmgreen, County Judge
Original: County Clerk's office and attached to the original I f
budget
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Copies: County Auditor I
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
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Budget Amendment # 19 12-18-89
Account No Department
Reason
Increase (Decrease)
10-12-5110 Veteran
Increase in
Vet Serv Off. Serv. Off.
expenses
620
10-12-5121
Increase in
Soc. Security
expenses
50
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INCREASE TO
DEPARTMENT BUDGET
$670
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10-13-5115 Civil
Increase in
Sec/Clerical Defense
expenses
9,790
10-13-5120
Increase in
Retirement
expenses
685
10-13-5121
Increase in
Soc. Security
expenses
470
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10-13-5122
Increase in
!
Group ins.
expenses
810
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10-13-5119
Reallocation
Part time
of funds
(2,650)
INCREASE TO
DEPARTMENT BUDGET
$9,105
10-20-6215 361st Dist
Reallocation
Comp. Software Court
of funds
240
10-20-5530
Reallocation
Trv/Meals/Lodging
of funds
(240)
NO INCREASE TO DEPARTMENT BUDGET ******i
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10-29-5420 Fire Prot.
Increase in
Fire Protection
expenses
4,000
4
INCREASE TO
DEPARTMENT BUDGET
$4,000
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10-32-5212 Juvenile
Increase in
Food Items Services
expenses
5,000
10-32-5215
Increase in
Detention Supplies
expenses
3,000
10-32-5218
Increase in
Dot. Educ. Supplies
expenses
115
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Budget Amendment E 19 12-18-89
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Account No. Department
Reason
Increase (Decrease)
10-32-5511
Increase in
Print/Film
expenses
1,000
10-32-5517
Increase in
Juvenile Exp
expenses
35,000
10-32-5530
Increase in
Trv/Meals/Lodging
expenses
1,000
10-32-5611
Increase in
Ins. 6 Bonds
expenses
71
10-32-5615
Increase in
Equip-Rent/Lease
expenses
200
10-32-5639
Increase in
Contract placement
expenses
20,000
10-32-5648
Increase in
TJPC Grant
expenses
32,000
INCREASE TO
DEPARTMENT BUDGET
$97,386
10-21-5112 County
Reallocation
Other Sal. Attorney
of funds
8,810
10-21-5115
Reallocation
Sec./Clerical
of funds
29,500
10-21-5118
Reallocation
Extra Help
of funds
6,015
10-21-5119
Reallocation
Part time
of funds
1,600
10-21-5120
Reallocation
Retirement
of funds
3,000
10-21-5121
Reallocation
Soc. Security
of funds
3,500
10-21-6210
Reallocation
Off. Furn/Equip
of funds
2,210
10-21-8114
Reallocation
Interfund Transfer
of funds
10,290
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Account No. Department Reason Increase (Decrease)
10-21-8117 Reallocation
Interdep. Transfer of funds (64,925,
NO INCREASE TO DEPARTMENT BUDGET
10-00-4620 GF Revenue Increase in
Interest Earnings - revenue (111,161)
******4**+ INCREASE TO GENERAL FUND REVENUE $111,161
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YORE OUTSIDE COURTF RIGIRf-(W-"TS
FOR THE ERRARCDOIlIT Or COUYTF ROAD PROJi n
page 1 of 1
Looatlon of York
Duerlptlom of York
Date A{ceeee6t
Owner
Address or Phone
to be Dona
to be Done
S1Anad
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Locke Rod
Gory dead cow for baaltk
12111109
Pate
reuoos.
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-Mr. Holland Winder WO 40819561
. 9razos County Engineer
2617 W. Hwy. 21
Bryan. Texas 77803
Dear Sire
Formal notice is hereby given that the United Telephone Company of Texas,
Inc. proposes to install buried communications Cable upon and along the
right-of-way of county roads in Brazos County, Texas,
as follows:
IMPROVED ROADS (paved) - The contractor will plow cable in backslope with
8' of right-of-way line. Pipe will be bored under all paved county roads
extending from ditch line to ditch line with a minimum of ~.48"
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IMPROVED ROADS (gravel) - The contractor will plow cable in the backslope
of the road, one track of the plow tractor on the backslope the other may
come to the shoulder of the road neither whole tractor nor plow will be on
the road surface.
UNIMPROVED ROADS (dirt) - Same as improved, unless, because of ditches,
trees, and other terrian features, it is more practical to plow in center
of road. In these cases, the cable will be plowed in the center of the
road. Not applicable in County.
BRUSH DISPOSAL - Any brush, trees, etc., that are cut will be burned or
disposed of and not left in the ditch. Rocks brought up by tractor or
plow will be disposed of.
DEPTH OF CABLE - All cables will be placed at a minimum depth of-t'48"
except where crossing dams or ditches, at which locations the depth cable
will be at a minimum of r~
The following are requirements which are made on the contractors
1. The plowing equipment shall be subject to the approval of the
Engineer and the Public Authorities having jurisdiction over highway
and road rights-of-way.
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2. The equipment and constructions methods use by the constractor shall
be such as to cause minimum displacement of the soil. The slot made
in the soil by the cable.
3. Damage to banks, ditches, driveways, and roads caused by the equipment
shall be immediately repaired to the satisfaction of the Engineer and
Public Authorities having jurisdiction over highway and road right-of-
way where involved.
4. Trenches shall be promptly back-filled with earth, and mechanically
tamped at six (d) inch lifts so that the earth is restored to original
grade to assure no hazzard to vehicular, animal, or pedestrian traffic.
No trenches shall be left open overnight.
S. The usual 10% fees withheld from contractor until repairs are made
satisfactory with engineer and Public Authorities have jurisdiction of
right-of-way involved.
RITEWAV.FRM
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WO 40819361
BRAZOS County will not be held liable at any future
date for accidental damages to the buried cable plant by road working
equipment such as maintainers, hole diggers, etc. In the event of
such damages the Telephone Company will be notifited immediately.
The County Commissioners Court may require the owners to relocate this
line, for valid reasons under the law, by giving thirty (30) days
written notice.
a. Where communication facilities are located on county
road ROW the Telephone Company will relocate said
facilities at no expense to the County.
b. Where communication facilities are located on private
property the County will reimburse the Telephone Company
for the relocation of said facilities.
At any place where a communications line crosses over a county road, it
shall be constructed and maintained at least eighteen (18) feet above
the surface of the traffic lane.
Please notify W.T. (Cat) Gilbert, Road Supt. (409)822-212;Orty-eight (48)
hours prior to starting construction of the line, in order that a
representative may be present.
The locations of the proposed lines are more fully shown by the copies
attached to this notice.
Construction of this line will begin on or after the 2ND day of
JANUARY , 1990.
OPEN CUTS ON ANY/ALL COUNTY ROADS ARE NOT ALLOWED!
UN I C E D
T E L
E P H O N E C O M P A N Y OF T E X
A S, I N C.
BY
Date _NOVEMBER
1. 1989
Title O.S.
P. ENGI
NEER II
GATESVILLE,
TEXAS
~i ki ExC eP r
817-865-2291
~S NoriO //J
APPROVED 3
Cp vCIL I6rr-F,L
County Judge for Commissioner's Court
Brazos County
/C/
Date December 18, 1989
voL-W-r;1%GE-
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CITY OF COLLEGE STATION
POLICE DEPARTMENT
INTERAGENCY MUTUAL ASSISTANCE AGREEMENT
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RECEIVED
JAN 16 1990
BRAZOS COUNTY SHERIFF
Whereas, the College Station Police Department desires to form a mutual aid law enforcement agreement to
cooperate in the investigation of criminal activity and enforcement of the laws of this state, and to provide additional
law enforcement officers to protect health, life. and property against riot, unlawful assembly accompanied by the use
of force and violence, and during times of natural disaster or man-made calamity.
Now, therefore, it is mutually agreed by the parties that:
L
The following terms shall have the following meanings when used in the agreement:
(a) "LAW ENFORCEMENT OFFICER" means any police officer, sheriff or deputy sheriff, constable
or deputy constable, marshal or deputy marshal, or officers of the Texas Department of Public
Safety.
(b) "POLICE PERSONNEL" means any sworn law enforcement officer as described in (a) above.
(c) "MEMBER" means any county or municipality, or slate law enforcement agency which is a party
to this agreement.
(d) "CHIEF LAW ENFORCEMENT OFFICER" means the chief of police of a municipality, the
sheriff of a county, the director of the university police; Texas A&M University, a constable, or
the director of the Texas Department of Public Safety. This term also applies to any person
designated by the chief law enforcement officer to act on his behalf in regards to this agreement.
(e) "CHIEF ADMINISTRATIVE OFFICER" means the mayor or city manager of a municipality or
the county judge of a county or the president of Texas A&M University.
(f) "REQUESTING AGENCY" means the member law enforcement agency that is requesting
assistance from another member agency.
(g) "PROVIDER AGENCY" means the member law enforcement agency that is providing assistance
to another member agency.
it.
The members agree to form and by this document do form a mutual aid law enforcement assistance agreement.
III.
The purpose of this agreement is to cooperate in the investigation of criminal activity and enforcement of the laws of
this state, and to assist in providing additional law enforcement officers to protect health, life, and property against
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riot, unlawful assembly characterized by the use of force and violence, and during times of natural disasters or man-
made calamity.
IV.
A member will assign its law enforcement officers to perform law enforcement duties, including police protection
and detention services, outside its territorial limits, subject to the determination of availability of personnel and
discretion as to participation when :
(a) The chief law enforcement officer of the requesting agency or his designee has requested that
assistance through the chief law enforcement officer of the provider agency or his designee.
(b) The chief law enforcement officer of the provider agency or his designee has determined, in his
sole discretion, that the assignment is necessary for the investigation of criminal activity and for
law enforcement.
V.
Law enforcement officers assigned to a requesting agency shall remain under the ultimate command of the provider
agency.
VI.
Any request for aid under this agreement shall include a statement of the amount and type of equipment and number
of personnel requested, and shall specify the location to which the equipment and personnel are to be dispatched, but
the amount and type of equipment and number of personnel to be furnished shall be determined by the chief law
enforcement officer of the responding agency. Communications between member agencies shall be determined by
the requesting agency's officer in tactical control of the situation. When practical, the primary means of
communication shall be by inter-city radio frequency, either mobile to mobile or mobile to base with requesting
agency providing communication center coordination. When the need exists, responding agency personnel may be
assigned to processing and transporting arrestees from the scene of incidents to designated detention facilities. If
temporary detention facilities are necessary and are deemed inadequate by design, continuous supervision shall be
provided for until permanent facilities are located.
VII.
Police personnel of the responding agency shall report to the requesting agency's officer in tactical control at the
location to which they have been assigned, and shall be under the command of the requesting member's chief law
enforcement officer.
VIII.
Police personnel of the responding agency will be released by the• requesting agency when their services are no
longer needed.
Lx.
The chief law enforcement officer of the responding agency, in his sole discretion, at any time may withdraw Iris
personnel or equipment or discontinue participation in any activity initiated pursuant to this agreement.
,ay .yi, ~'~!J •7 , ~'1T~-•`11 ;-~-;1"_ - ' _ ~-^r • - - • i' *'i, .,n: ter, , :
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While any law enforcement officer regularly employed as such by a responding agency Is in the service of the
requesting agency, he shall be a peace officer of the requesting agency and be under the command of the requesting
agency/s chief law enforcement officer. with all the powers of a regular law enforcement officer of the requesting
agency, as fully as though he were within the territorial limits of the governmental entity where he is regularly
employed and his qualifications, respectively, for officer where regularly employed shall constitute his qualification
for officer within the territorial limits of the requesting agency. and no other oath, bond, or compensation need be
made. If a peace officer is requested to do any illegal act, the officer shall be entitled to decline or refuse to act.
XI.
Each party to this agreement expressly waives the right granted by article 999b, section S, Texas Revised Civil
Statutes Annotated to request reimbursement for services performed under this agreement.
Xil.
Any law enforcement officer or other person who is assigned, designated, or ordered by the chief law enforcement
officer of the agency which regularly employs him to perform police or peace officer duties pursuant to this
agreement, shall receive the same wage, salary, pension, and all other compensation and all other rights for such
service, including injury or death benefits, and workers compensation benefits, the same as though the service had
been rendered within the limits of the agency where he is regularly employed. Moreover, all pension payments,
damage to equipment and clothing, medical expenses and expenses for travel, food, and lodging shall be paid by the
member which regularly employs such persons in the same manner as though the service had been rendered within
the limits of the agency where he is regularly employed.
XIII.
In the event that any person performing law enforcement, police protection, or detention services pursuant to this
agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of the performance of those
services, he shall be entitled to the same benefits that he would be entitled to receive if such civil action has arisen
out of his duties as a member of the department where he is regularly employed and in the jurisdiction of the agency
by which he is regularly employed.
XIV.
Each party to this agreement expressly waives all claims against every other party for compensation for any loss,
damage, personal injury, or death occurring as a consequence of the performance of this agreement.
XV.
Third party claims against members shall be governed by the Texas Tort Claims Act or other appropriate statutes,
ordinances, or laws of the State of Texas.
XVI.
It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed
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II.
Each party to this agreement agrees that if legal action is brought under this agreement, exclusive venue shall be in
the county in which the defendant member is located, and if located in more than one county, in the county in which
the principal offices of the defendant member are located.
XVIQ.
The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties
hereunder, shall be governed by the laws of the State of Texas.
XIX.
In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall not effect any of the
provisions thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provisions had
never been contained herein.
XX.
Any party to this agreement may terminate this agreement by giving thirty (30) days written notice mailed by
certified mail to the chief law enforcement officer of each member.
XXI.
This agreement shall become effective between the parties hereto on the day following execution of the agreement
by a party, and shall continue in effect until it has been terminated according to this agreement.
XXQ.
This agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached
to and incorporated into this agreement.
XXIQ.
This instrument contains all commitments and agreements of the parties, and oral and written commitments not
contained herein shall have no force or effect to alter any terms or conditions of this agreement.
XXIV.
This agreement shall be executed by the duly authorized official(s) of the party as expressed in the approving
resolution or order of the governing body of such party, a copy of which is attached hereto, and this agreement shall
remain in effect until rescinded by resolution or order of such governing body and notice of that action is transmitted
in writing to all other parties to this agreement.
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AAV.
The parties agree that their collective agreement tray be evidenced by the execution of an Identical counterpart of
this instrument by the duly authorized official of each participant, mW the failure of any member to enter into the
agreement shall not effect the agreement between and among the parties executing the agreement.
Michael L Strope Date
Chief of Police, College Station, Texas
c
`O
Ch les Phelps Date
Chief of Police, Bryan, Texas
"00" - -
Robert E. Wiatt
Director of University Police, Texas A&M University
A •
• 51W6 a MaAUF6114. wA a uMunc cuw l1aJ11AU163Ual6%Jn, 1IUA0.7
Ronnie Miller
Sheriff, Brazos County Texas
CITY OF BRYAN
1
BY-. ;7~- / Marvin Tate, Mayor
ATTEST :
vororny L) i ierr., city secrerary
APPROVED AS TO FORM:
Ro rt D. Andron City A.t-orney
VOL
90
Date
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Date
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tte
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STATE OF TEXAS
COUM OF BRAZOS
7
LOCAL ACS
i
This LOCAL AGREE1v MP is made and entered into by and between the BRAZOS
COUNTY SHERIFF'S OFFICE, located in Brazos County, Texas, and hereinafter
called "Sheriff's Department" and the Criminal District Attorney of Brazos
County, Texas; hereinafter called "Prosecuting Attorney."
W I T N E S S E T H:
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WHEREAS, The Sheriff's Department and Prosecuting Attorney desire to enter
into an agreement regarding disposition of forfeited contraband seized under
Chapter 59 of the Texas Code of Criminal Procedure;
WHEREAS, Chapter 59 of the Texas Code of Criminal Procedure provides for the
forfeiture to the State of Texas of property found to be "contraband" as
defined by Chapter 59 of the Texas Code of Criminal Procedure; and
WHEREAS, the Prosecuting Attorney of Brazos County, Texas, represents the
State of Texas regarding forfeiture of contraband seized pursuant to Chapter
59 of the Code of Criminal Procedure.
NOW THEREFORE, THIS LOCAL AGREEMENT is heveby made and entered into by the
Brazos County Sheriff's Department and the Criminal District Attorney of
Brazos County for the mutual considerations stated herein:
As Article 59.06 of Chapter 59 of the Texas Code of Criminal Procedure
mandates that a local agreement be reached between the attorney representing
the State and the law enforcement agency to effect the disposition of
contraband forfeited to the State, both parties therefore agree that:
In consideration for the services associated with the forfeiture of
contraband, the Sheriff's Department agrees that thirty percent (30%) of all
money forfeited shall be retained by Prosecuting Attorney to be used for the
official purposes of the office. If the money is forfeited without a
contested hearing, twenty-five percent (25x) of all money forfeited shall be
retained by Prosecuting Attorney.
7hirty percent (30x) of all the final sum received from the sale of
real estate shall be retained by Prosecuting Attorney to be used for the
official purposes of the office.
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Automobiles that are forfeited shall initially be evaluated for their
usefulness in an undercover capacity. If not to be used in an undercover
capacity then upon their sale, thirty percent (30X) of the proceeds will be
retained by Prosecuting Attorney to be used for the official purposes of the
office. If the automobile is forfeited without a contested hearing, then
twenty-five percent (25X) of the proceeds shall be retained by the
Prosecuting Attorney.
The Prosecuting Attorney agrees that the final sum received from all
other contraband shall be divided as follows: thirty percent (30X) shall be
retained by Prosecuting Attorney. If the proceeds are forfeited without a
contested hearing then twenty-five percent (25X) of the proceeds shall be
retained by the Prosecuting Attorney.
This agreement shall apply to money or property seized by The Sheriff's
Department on or after October 18, 1989. All money subject to forfeiture
shall be deposited with the Brazos County Auditor's Office. All interest
earned from the seizure pending account will be retained by the Prosecuting
Attorney's Office. If the amount of money seized is greater than $50,000,
then the interest earned will be divided between The Sheriff's Department
and Prosecuting Attorney according with the division of the principal. All
other property, other than real property, subject to forfeiture will be
stored by The Sheriff's Department. All costs of court proceedings shall be
deducted fran the proceeds of all forfeitures including the cost of titles
searched and title policies issued. Money and property shall be considered
forfeited to the State once a forfeiture judgnent has becane final and no
Motion for New Trial or Notice of Appeal has been taken. Payments will be
made by the Brazos County Auditor's Office when the property is considered
forfeited.
The term of this. Agreement shall be for a period of one (1) year from
October 18, 1989. This Agreement shall autanatically be renewed on a yearly
basis after the initial one (1) year term. This Agreement may be terminated
by either. party upon thirty (30) days prior written notice thereof to the
other of its intention to'terminate upon the date specified in such notice.
Any pending forfeitures under this Agreement filed prior to the termination
date, however, shall not be affected by such notices.
Any notice, payment, statement, or demand required or permitted to be
given hereunder by either party to the other may be effected by personal
delivery in writing or, by mail, postage prepaid. Mailed notices shall be
addressed to the parties at the addresses appearing below, but each party
may change its address by written notice in accordance with this section.
Mailcd nutices shall be, deemed communicated as of three days after mailing.
SIGNED, this /ate day of 1990.
riminal District Attorney Sheriff
Brazos County, Texas Brazos County Courthouse
300 East 26th, Suite 310 300 East 26th
Bryan, Texas 77803 Bryan, Texas 77850