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HomeMy WebLinkAbout1990-01-16-0530PM-SpecialTUESDAY, JANUARY 16, 19900 5:30 P.M. 1. Invocation. 2. Pledge of Allegiance. 3. Request from Ramiro Quintero to address Commissioners Court. 4. Request from James Garcia to address Commissioners Court. 5. Consider and take action on budget amendments. 6.. Consider and take action on the purchase of copiers for county offices. 7. Consider and take action on lease agreement between Texas 707 and Brazos County. 8. Consider and take action on exemption from competitive bidding requirements of local government code, Section 262.024(a)(7)(A) to lease ten (10) electronic monitoring units for Adult Probation. 9. Consider and take action on in-kind services at the Brazos Center to comply with grant. 10. Consider and take action on work outside of county rights- of-ways for the enhancement of county road projects. 11. Consider and take action on personnel change of status. 12. Consider and take action on payment of claims. 13. Adjourn. , VO PAG E.4-2-o- if s Gti V ` PaP BRAZOS COUNTY BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING t i U • i i f • l COMMISSIONERS' COURT SPECIAL MEETING JANUARY 16, 1990 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 5:30 p.m. on Tuesday, January 16, 1990, 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: t Ruth McLeod Executive Assistant Carol Palmer Admin. Asst, to County Judge Bea Green Secretary to Commissioners Rosalie Todaro Auditor's Office A. H. Winder County Engineer Travis Nelson District Clerk Sandie I•7alker Deputy Treasurer Ron Miller Sheriff Elizabeth Sharp Bryan/College Station Eagle i Alice Brown KBTX-TV Andy Richardson KBTX-TV Mary "Mike" Hatcher Junior League WTAW/KTSR Radio Ramiro Quintero Brazos County Resident Dick Britten Brazos County Resident Commissioner Sims gave the invocation and led the pledge of i allegiance. Ramiro Quintero asked the Court to table his presentation on the landfill until the next meeting. He explained that due to a death in his family he was not prepared to present his proposal. Mr. James Garcia did not appear to address the Court The Court next considered Budget Amendment #1 to the 1990 budget, which would transfer funds from the fund balance to the Oil & Gas fund'to pay for the minimum security jail, increase the funds budgeted for the Commissioners Court department by $2,883.00 to add benefits for one employee. 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. V z 7 Commissioners' Court meeting January 16, 1990 The Court next considered the purchase of copiers for the offices of Adult Probation, District Attorney, County Attorney, County Clerk and the Sheriff. The old copiers from these offices will be repaired then placed in other offices. On motion by Commissioner Norton, seconded by Commissioner- Sims, the Court voted unanimously to authorize the purchase of five (5) copiers from Texas Copy in the amount of $43,055.00. A copy of the proposal is attached hereto. The Court next considered renewal of a lease agreement between Brazos County and Texas 707 a Partnership for rental of offices for the Justices of the Peace Precinct 7 Places 1 and 2 in the 707 complex in College Station. Rent for the office space will made in a lump sum payment of $5,196.00 to cover twelve (12) months rental upon commencement of the lease term. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to renew the lease agreement for the period stated above. A copy of the lease agreement is attached. The Court next considered a Wavier of Competitive Bidding Requirements as provided in Local Government Code, Section 262.024(a) 7) (A) for the lease by the Adult Probation Department of ten (10) electronic monitoring units from Mitsubishi Electronic Sales America, Inc.. This was necessitated due to the supplier being a single source for the equipment. On motion by Commissioner Norton, seconded by Commissioner Turner, the Court voted unanimously to approve the Waiver of Competitive Bidding Requirements and authorized the payment for said costs at the rate of $5.00 per day per unit for the 243 day period from January 1, 1990 through August 31, 1990. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to provide in-kind services in an amount not to exceed $31,000.00. The in kind services would be in the way of ground preparation and dirt work for an addition at the Brazos Center for the Brazos Valley Museum. The Court next considered authorizing work outside of county rights-of-ways for the enhancement of county road projects. The is • 4 i Commissioners, Court meeting January 16, 1990 Road and Bridge Department requests permission to remove excess I material from an old spoil bank along the west side of I&GN Road on the Pete Gibbs property and reshape eroded and gullied areas along Koope Bridge Road ditches on the Mary Horn property. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to authorize the work. The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Cronin, Joseph Juvenile Service Resignation Mobley, Holly Co. Court at Law #1 Resignation Valenta, Laurie District Attorney Resignation West, Donna District Attorney Resignation Kaufman, Kimberlee District Attorney New Emp P/T Loepert, Sara Co. Court at Law #1 New Emp P/T McCoy, John Co Court at Law #2 New Emp P/T Langdon, Ellen Narc. Task Force Step Increase Ballew, Samuel Sheriff Office Step Increase Taylor, Jill Juvenile Service Promotion On motion by Commissioner Turner, seconded by Commissioner Wilcox, 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 150244 thru 150530 20 Road & Bridge---------------Claims 150648 thru 150671 22 Road & Bridge II------------Claims 150531 thru 150533 30 Capital Projects & Improvements: Proposition I---------Claims 150534 thru 150535 41 Court Master Grant----------Claims 150536 thru 150537 43 Oil & Gas Fund--------------Claims 150538 thru 54 Health Department-----------Claims 150544 thru 150560 55 Foster Care-----------------Claims 150561 thru 150597 60 Payroll-----------------------Claims 150598 thru 150609 61 Health & Life Ins-----------Claims 150610 thru 150611 70 Indigent Health Care--------Claims 150612 thru 150639 90 Community Services Off------Claims 150640 thru 91 Juvenile Comm. Grant--------Claims 150641 thru 94 Victim Assistance Prog------ Claims 150642 thru 95 Comm. Crime Prevention------Claims 150643 thru 97 Narc. Traf. Task Force------Claims 150644 thru 150647 On line checks - 59418-59421 I • I On motion by Commissioner Norton, seconded by Commissioner Turner, the Court voted unanimously to approve the Claims as submitted. There being no further business to come before the Court, the meeting was adjourned. i a,s% cam. 1 ' C ~L lti;t 'sue The foregoing minutte have been examined and approved in open Court this the c day of 191?0, in Bryan, nrazos County, Texas. R. J Ilo mgreen County Judge Walter w c Commissioner, Precinct 2 Hil" Turner Commissioner, Precinct 4 Gary Not n Commis er, Precinct 1 an ay s Commiss ner, Precinct 3 Ftai~k Boris e County Clerk • u ' M Vc PAG 77 • t E J • • { I I BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1990 BUDGET YEAR NO. 1 On this the 16th day of January 1990 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 January 16, 1990, the Court heard and approved a budget amendment for the 1990 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 22, 1989, the following amendment(s) to the original are hereby authorized, as described on the attached 1 page(s). ADOPTED AND APPROVED this the 16th day of January 1990 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 { 40i. l i i i i i VO PAG VOL---YJ-73 nn z• 00 ca 0 03 i Co z H C •11 i to M c to y to Z i in H t7 1 1 I O O O O O O 1 f7 ~ O 1 1 1 1 oooo' I 1.. I O ~ n H co co co co I 11 I ,p O OD r ~Inll1~ I ~ I W 1 sa 1 1' wwrt-r t. 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Nj A- W A-- fj ED U( O W N LA (D N LNl1 W (D W-4 O 9 N r~ --b N 9 ~I W to Lo) zp. -itoJ ^~N rn rn ~m 4- m°°~a) In m K)mA,wcOm w N ° m m i W Q) N O N F CT) (D m p (D m N p w Ul O (D ~ m (D 4- j-- °A-- to 0) m N CO O \ \ \ \ \ ~ \ N N N \O \ N O( O Q N CA N_ N N N S Co m m m m m co m CO m • m co m co co m m m m m m m m m m co co m m m (D to CD (D pD co (D (D (D (D (D m ao (D m ao m m co m Hz 1 1p ► 1 1 1 1 1 1 1 1 1 1 1 1 1( 1 1 1 1 1 1 1 1 G'f a N C3 a ° ((A (°p s r s r ~ O N ~ N 0 ~ (D s O S O S 0 0 ° cNilaa~m c^)D (°n c~a((oi((A co °go°m°pO m e m m m m n \ \ t\~~ 40w D (aw (o o a 0a m O~FowcowD(OD Q 000000 w VO U)~PAG E--kf s MACHINE INFORMATION s (MAINTENANCE AGREEMENT? ConrENTSs BRANDS LOCATIONs MODEL Is CANON J. P. DOBROVOLNY NP 2015 S A NO INITIAL READING t CANON J. P. HALL-BOYETT NP 2015 S A NO INITIAL READING CANON J. P. HORN NP 2015 S A NO INITIAL READING CANON J. P. TRUELOVE NP 2015 S A NO INITIAL READING CANON JAIL - BOOKING NP 2015 SF CANON ROAD & BRIDGE NP 2015 5 AF NO INITIAL READING CANON DATA PROCESSING NP 3725 AFC NO INITIAL READING CANON ADULT PROBATION NP 7550 PTS, MEDIA 6 LABOR *EXPIRED* NO BILLING TO 1/1/90 CANON COUNTY ATTORNEY NP 7550 PTS, DRUMS, & LABOR CANON COUNNTY EXTENSION NP 7550 PTS, DRUMS, & LABOR CANON COUNTY CLERK NP 7550 PTS, MEDIA 4 LABOR *EXPIRED* NO BILLING TO 1/1/90 CANON DISTRICT ATTORNEY NP 7550 PTS, MEDIA & LABOR *EXPIRED* NO BILLING TO 1/1/90 CANON JURY SERVICES NP 7550 PTS,MEDIA 4 LABOR *EXPIRED* NO BILLING TO 1/1/90 CANON SHERIFF'S OFFICE NP 7550 PTS, MEDIA & LABOR *EXPIRED* NO BILLING TO 1/1/90 HARRIS/3M GARCIA/PITTPIAN 3M 537AG NO INITIAL READING ! KONICA DISTRICT CLERK 2803 ZMR ALL BUT DRUM KONICA JUVENILE SERVICES 2803 ZMR NO RECORD -.SERVICE TO DATE ON WARRANTY BASIS ' KONICA TAX OFFICE 2803 ZMR ALL BUT DRUM MINOLTA BRAZOS CENTER EP310 EXEMPT: FUSER ROLLERS,DEVELOPER,DRUMS,WIPERBLADES, RICOH HEALTH DEPARTMENT 4085 NO TERMS ON FILE RICOH HE;L TH DEPARTMENT 4420 (USED) TOSHIBA AUDITOR/TREASURER BD 5511 NO DEVELOPER TOSHIBA BETH DISTRICT COURT BD 5511 NO DEVELOPER TOSHIBA PERSONNEL BD 5511 NO DEVELOPER TOSHIBA 272`+0 DISTRICT COURT BD 5511 NO DEVELOPER ' TOSHIBA J. P. HENSARLING BD 5511 NO DEVELOPER CCrPILED 01/08/90 -ft vo PAG" l/'_--'~ I y ti 4 , i THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL . r ~~c 1 ..c ii.,~`t~'•'a~,~C`n1~TR+~yt~+,.s.+;,'rs.~ : • gc ;TATE OF TEXAS 'OUNTY OF BRAZOS 0 L E A S E A G R E E M E. N T This lease agreement is made and entered into this 20th day of December, 1989, Iz, mid betweeit TI.XAS 707. a Partnership, 707 Texas Avenue South, College Station, Texas, hereinafter referred to as LESSOR, and 13RAZOS COUNTY, herein- after referred to as LESSEE. lit consideration of tile mutual covenants and agreements herein scat forth, and other good and valuable c:oitsideratioits, i:ESSOR does hereby demise and lease to LESSEE., anti LESSEE does hereby lease from LESSOR, Suite Number 306-C t-nn i a i ii i ttg 626 square feet, located at 707 Texas Aveittie Cc►0h, College Station, Texas. 4P ARTICLE 1. TERM The term of this lease shall be twelve (12) months., commencing on January 1, 1990, wid ending oil Dece_mbvi- 31o, 1990, unless sooner terminated as herein provided. ARTICLE 2. RENT 2.01. LESSEE. wi 1 I pay to LESSOR, at the Maiiagrmeitt Office of the Complex, as reii t for the leased premises, the sum of FIVE THOUSAND ONE HUNDRED NINETY-SIX AND NO/100 DOLLARS ($5,196.00) to cover twelve (•12 months) r eii t a t, said rental payment to he oracle ill trite (1) i timp s tint upon commencement of the tease term. ARTICLE 3. USE OF PREMISES I LESSEE will use the leased premises only rot• office purposes, unless LESSOR shall give 1.1?SSEE prior wri ttett econ- seitt for a cli f ferent use. In coititect iott %Vi tit its Itse and activitiFs it) and about the leasvd premises aiid ilia complex, LESSEE, at its expense, wi i 1 comp Iy, attcl wi I 1 caitse i is employees, agents, and invi tees to comply lei tit al I appl icable laws and ordinances, with all applicable i iilt-. at►,1 egolt latioits of governmental agencies, and LESSEE will conduct itself and eatise its employees, ageitls, and invitees tco conduct themselves, with fii I i regard for the rights, con- venience, and welfare of all other tenants in the Complex. Provided LESSEE has performed a] I of the terms, covenants, agreemc-itts, anti conclitioils of this lease, iticluding the payment of rent, to be performed by LEISSEE". LESSEE shall peaceably and quietly hold and enjoy the premises for the term hereof, without hinderance from LESSOR, subject to the terms and coiid i t i on:: of this lease. THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL ARTICLE 4. MAINTENANCE AND SURRENDER Janitorial Service 4.01. So long as LESSEE. is not in default hereunder, LESSOR shall make available to the leased premises during reasonable and usual business lloltrs ustta 1 Janitorial and maintenance service, inchiding vnctitimitig of floors and replacement of light globes or f 1tiorescenl tubes in the standard lighting fixtures installed in the INi Icling by LESSOR. LESSOR shall maintain acid keep the pub 1 i e and co1n111o11 areas of the Buildi11g, such as lobbies, stairs, corriclors, and restrooms in rensoiiably good ortler and condition, except for damage occasioned by LESSEE, or its employees, agents, or invitees. This service S11.111 I,(- :;I LESSOR'S expense. Utilities 4.02. So long as LESSEE is not in defatil l I erelttlc ere LESSOR sha1I make available to the tensed pr emi ses, (Wring reasonable and usual bits i tiess hotar• (lie following services at LESSOR'S sole expense: t F (a) IleaI and :air conditioning during the customary periods of the year when and to the same extern LESSOR furnishes licat :alit] air cuiatli- tioning for other portions of the Btii Icling. LESSOR is responsible for all r•rpa ir•s to the heating and air conditioning egii i pmen t . (b) Electric ctrrrerit cotisisting or 110 volts service for lighting and ordinary hit::itess appliances. ( c) Water, gew;ig(!, • anti g:arhngr. p i ckttii, Ota I also be made Sava i 1 nbl a by LESSOR. 'l'iar LESSOR shall riot in any way he liable or responsible to LESSEE f or any loss, tliainitge1 111' vV11vIt!;v Wh i ell Ili(. I.ESSt:I: may sustain iiy reasotl of itlter•t•trlltiota or titiIily see-vice for niiy reason trot attribtitable to tilt, 1.ESS1)It. (d) Tlac utility charges will I,c,- paid by LESSOR. Maintenance 4.03. LESSEE shall, throughout the lease term, main- Wit the leased premises abet herp them free from waste or nuisance, and slaw 1 1 deliver tip the preini srs Ili a eleaii and sniii tary cotidi t luti al the termitiat ion of this lease In good repair field coi111 i t i ore, reasonable wear iailti t rear and daninge 11y fire, tornado, or other viistiia 1 1 y vxerpl rel. In the event LESSEE slit1111d iieglect to rensoiinbly maintain the leased premises, LESSOR shall have the right, 11111 riot the obligation, to cause repairs, or corrections to be iniade, aild any reasonable costs therefor shall lit- payable lay I.ESSEE to LESSOR as additional rental oil the next retital instnllment date. -2- V0~ LAJ 4 l THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL ` ,cq t~ f .a. C Attorney's Fees 4.04. In the event LESSOR or LESSEE breaches arty of the terms of this agreement r.-hereby the party not in cleratrll employs attorneys to protect or- enforce its r igist.s heretrnder• and prevails, thers tine ltreva i I i rt6 pa r• ty shall be paid by tine other party reasonable attorney's fees so incurrecl by such prevai 1 ing party. Special Provisions 4.05. In addition to special provision for the payment of rent as set forth in Article 2. Rent, LESSOR herewith agrees to install new carpeting at LESSOR'S expense. LESSEE will have a choice of color from approved samples provided by LESSOR. Alterations. Additions. and Improvements 4.Oti. LESSEE shall not make arty alterations, addi- t ions, or improvements to the lea.-,vd I)rcmi!;c•!: wi thotrt the prior written consent of LESSOR. Consent fnr nonstrtrctttr•al alterations, additions, or itnl>r•ovemcrtts Sha1I slot be unreasonably withheld by LESSOR. LESSEE shall have the right at al 1 times to erect or instal 1 fii rit i titre and f ixtttres, provided that LESSEE c:ompl ies wi th al l app] ivable governmental laws, ordinances, and regulations. LESSEr shall have the right to remove, at iiie tc•r•minat iov, or this lest^c. such items so i rtti t a l l eti, prov itied l,l?ssi:l: is not in clef air 1 1: however, 1,I'SSEE shall, prior to IIt(• termiit atiott of this lease, repair any damage caused by such removal at LESSrp'S sole expense. No property deposit shat I I) e re(wirecl cir LESSEE. Signs 4.07. Any sign to be used by LESSEE ,,hall conform in color and design to other signs its the Complex and LESSOR shall have final de t ermi tta t i on over s i Rtt ties i git and placement. Damage or Destruction 4.08. If the 13th lding or the leased premises ^Itottld be totally destroyed by fire, tornado, or other casualty, or if they shots 1 d be so damaged that rebii i 1 d i rig or repairs rannol r•easottably be complete(] within thirty (:111) %M k i ng (lays from the date of the occurrence or file damage, this lease shall terminate and rent shall he abated for tite unexpired portion of this lease, effective as of the date of said occurrence. I rupee l i on 4.09. LESSOR, or its officers, agents, and repre- sentatives, shall have lire right to enter into and upon any and all parts of the premirms at all reasonable hours to: -3- S ss~ . A z THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL D f ~ i• t a ' (a) inspect same or clean or make repairs or alterations or additions as LESSOR may deem necessary (but without any obligation to do so, except as expressly provided for herein), or: (b) show the premises to prospective tenants, purchasers, or lenders; and LESSEM steal 1 not be entitled to any abit Cement or reduction of rent by reason thereof, nor shall such he deemed to be an actual or constructive eviction. Parking 4.10. LESSEE, and its employees, agrees to abide by the parking scheme provided by LESSOR for the entire Complex. A continued violation of this scheme shall be construed an event of default. ARTICLE 5. INDEMNITY LESSEE agrees to indemnify and hold LESSOR harmless against any- and all claims, demands, damages, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from the coirtl:rct or mannvinent or LESSEE'S business or its ,i:,# of the leased pr vnii sees or from any breach on the part of LESSEE of any conditions of this lease, or from any act of negligence of IJ.SSEE, its agents, contractors, employees, sub-tenants, guests, or invi t-es- iii or about the leased premises. In case of ally- act init or proceeding hrough t against LESSOR by reason of any ,rir.h claim, IXSSEE, upon notice from LESSOR, covenants to cterviid such action or proceeding by counsel acceptable to LESSOR. ARTICLE 6.. WAIVER OF SUBROGATION R 1 GIITS ti s E r Anything in this lease to the contrary notwi tlistanding, LESSOR and LESSEE each hereby waives airy and all rights of recovery, c I a i m, act ion or cause of act i on, against the other, its agents, officers, or employ~-e~:, for any loss or damages that may occur to lire 1 ea_scc] preini ;es (or any improvements thereto), or to said 11„i 'ding of which lire- leased premises are a part (or any improvement!-, lhereto), or airy personal property of such party tliereiti, by reason of fire, the elements, or any other cause which could he iiistrred aga ins t under the t erms of s I -I II cas (I r i rr aio cox i ~ir•l~•c1 coverage itrsurance poi icier, r^gar•ciless or cgii'sc• Or or IgiIt , including negligence of the other party hereto, its agents, officers or employees, and covenants that no i►:•-irt hold any right of subrogation against sucli other part. ARTICLE 7. ASSIGNMENT AND SUBLEASE 7.01. Ll"SSEE. shall have fire right, burl only will' Ilia prior writtet' consent of LESSOR, to assign tl'is lease, and any interest therein, and to sublet the leased premises (or any part thereof), or any right or privilege pertinent thereto, provided each -assignee assumes in writing all of LESSEE'S obligations under this lease, and 1.r5Srr shall reinai'i liable for each and even obl igat io'r molder this -4- VOW THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL .r lease. At LESSOR'S option, the sub-tenant will be made primarily liable on a new lease of the premises at current rental rates. In the event of such election by iESSUR, file original LESSEE shall have no further liability on the original lease or the new le-l.^.c. Assignment by LESSOR 7.02. LESSOR is expressly t; i %-viv f lee t i gisl 10 :ss:: il;n any or all of its interest iinder list- term; of this lease. ARTICLE 8. U1:1- At! I,T Events of Default 8.01. The following events shall be cieemecl to be events of default by LESSEE under this lease: 01. (a) LESSEE shall fail to pay -lily installment of the rent hereby reserved at►cl sash failure shall continue for a period or tell (10) clays. (b) LESSEE steal l fai i to comply wi tit any terns. provision, or covenant of this lease, other than tite payment of rent, and shall not curs sash failure within twenty (20) clays aftet• wri t tell not ice thereof to LESSEE. (c) LESSEE shall make an assignment for the benefit of creditors. (d) LESSEE steal1 fife a petition under any sect ion or chapter or. I.hv "at iottaI Bankruptcy Act, as amended, or under any similar law or stntute of the saki Ied States or ally ::late thereof; or LESSEE shall be adjudged bankrupt or insolvent in proceed i wigs f i 1 ed against LESSEE thercttttcler atid -:itt•it adjudication sha11 not be vaca Ied or set a::icle or stayed within the time permitted by law. (e) A receiver or trustee shall be appointed for all or substatstially all of the assets of LESSEE and such receivership shall not be terminated or stayed within the time permitted by law. ( f) 1,i,SSI?1: steal 1 cleser t or VaCa 1 e ally substantial port ion of tlse premises for a period of f ive (5) or more clays. P.emedi es -10 8.02. Upon the occurrence of any evviii of cieraull specified in Section 11.01 hereof, LESSOR slsalI enter upon and take possession of the premises and expel or remove LESSEE aml ally other person who may be occupying tite premises or any part thereof, by force, if ttec:esnary, without being liable for prosecution or any claim for damages there- for, and if LESSOR so elects, relet the premises on such terms as LESSOR shall deem advisable and receive the rust -5- r THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL .r 8 E thereof; and LESSEE agrees to pay to LESSOR, on demand, any deficiency that may arise by reason of such reletting. 8.03. No reentry or taking possession of the premises by LESSOR shall be construed as an PIevIion on its part to terminate this lease, unless a %YriIten notice of Stich intention be given to LESSEE. Notwithstanding aiiy Stich reletting or reentry or taking pos session, LESSOR may at arty time mervaf ter elect to terminate this lease for a previoiis default. ARTICLE 9. MISCELLANEOUS Notices and Addresses 9.01. All notices provided to he given under this agreement shall be given by certified mail or registered mail, addressed to the proper party, at the following address: LESSOR TEXAS 707 707 Texas Avenue #102-A College Station, TX 77840 LESSEE BRAZOS COUNTY County Court (louse Bryan, Texas 77801 ATTN: Richard .1. Ilolmgreen, County Judge Gender ' 9.02. Words of any gender used in this lease shall be held and construed to incl!ido any other gander, and words in the singular number shall be held to ineltide the plural, unless the context otherwise requires. Parties Bound 9.03. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, If`~,•,i repre- sentatives, successors, and assigns where permitted by this agreement. Texas Law to Apply 9.04. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. Legal Construction 9.05. In case any one or more of the provisions contained in this agreement shall for any reason be held to be inval id, i l legal, or unenf-orepable in ' j any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this i i VO IA PAC3 i~ 1111"~ THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF ORIGINAL ~ •r - s" 1 agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Si,perseded •9.06. This agreement cons t i hi t c - Ili( sOl a aild only agreement of the parties hereto and supersedes' arty prior understandings or written or oral agreements between the parties respecting the within subject matter. Amendmen t CJ 9.07. No amendment, modification, or alteration of the terms hereof shall be hincling unless the same be in writing, elated subsectcrent to the date livreof and duly executed by the parties hereto. Rights and Remedies (;icmi11 .1 t i v e 9.08. The rights and remetlivs provided by this Ivase agreement are eiimulative artcl the use of arty one right or remedy by either party shall not preclude or -%nive its right to use any or all other remedies. Said rights and remedies ar^ given in addition to any ctlivr rights the parties may have by law, statute, ordinance, or otherwise. Waiver of 1)ef,-%Ul t 9.09. No waiver by the parties livrelo of arty clef.-"rl I or breach of any term, Cnrtcl i t ion, or covettartt of this lease shall be deemed to be waiver of any other breach of the same or any other term, rortdi 1 iort, or cove•rt:trtt contained Herein. IN WITNESS WHEREOF, the undersigned LESSOR and LESSEE hereto execute this agreement as of the clay nerd year f i r!:1 above written. TEXAS 707 By* Kathleen Reese, Agent LESSOR BRAZOS COUNTY Richa cl J. Ilolmgreen, County Judge I.E..SSE.E ATTESTED: r Frank Boriskie, County CCl-rk L---LA) q MEMO To: Sharon Fairchild, County Auditor From: R. J. Holmgreen, County Judge RE: EXEMPTION FROM 0 BIDDING REQUIREMENTS OF IWAL GOV RN MEN T CODE, SPX,'FION 262.024(a)(7)(A) Please be advised that on this 16th day of January, 1990, at a Regular Session of Commissioners' Court on which the following members were present: R. J. Holm green "4JAAA-' unty Judge Gar Norton Commissioner, Pct. 1 Walter Wilcox ✓ ZCommissioner, Pct. 2 Rand Sims mmissioner, Pct. 3 /-;-"/11'z Z'~3~ Milton Turner f Commissioner, Pct. 4 10 The Commissioners' Court has determined that there is only one source and hereby grants an exemption from the competitive bidding requirement for the following items for which competition is precluded because of the existence of patents, copyrights, secret processes, or other natural monopolies: to lease _ten (10) electronic monitoring units (visual verification method); from the following vendor: Mitsubishi Electronic Sales America, Inc. as provided in the Local Government Code, Section 262.024(a)(7)(A). The court acknowledges receipt of a signed statement from ban Richard Beto, Chief Probation Officer, as to the existence of only one source. The court hereby approves payment for said costs at the rate of $ 5.00 per day per unit for the 243 day period from January 1, 1990 thru August 31, 1990. J t f V+ r ` ~ PIT E 0 BRAZOS COUNTY ADULT PROBATION DEPARTMENT P.O. BOX 2015 BRYAN. TEXAS 770W2015 (409) 361.4410 W. T. MCDONALD. IR. JUDGE DAN RICHARD BETO 85th JUDICIAL DISTRICT .T S 1990 CHIEF PROBATION OFFICER 0 1 1 75 JOHN M. DELANEY. JUDGE 8nuary , 272nd JUDICIAL DISTRICT CAROLYN L RUFFINO. JUDGE 3619 JUDICIAL DISTRICT Brazos County Commissioners Court Brazos County Courthouse Bryan, Texas 77803 Re: Lease of Electronic Monitoring Equipment . Gentlemen: The Brazos County Adult Probation Department is desirous of leasing ten (10) units of electronic monitoring equipment (visual verification method) from Mitsubishi Electronic Sales America, Inc., at a rate of $5.00 per day per unit for the 243 day period from January 1, 19909 through August 31', 1990. Funding for the entire cost of this equipment will be provided by the Community Justice Assistance Division (formerly the Texas Adult Probation Commission) of the Texas Department of Criminal Justice. To the best of my knowledge this equipment is available only from the source mentioned above and is subject to an exemption from the competitive bidding requirements as provided in Section 262.024, Subsection (a)(7), Vernon's Local Government Code. Consequently, it is requested that the Commissioners Court grant an exemption from the competitive bidding requirements in accordance with Section 262.0249 Vernon's Local Government Code. Very truly yours, DAN RICHARD B Chief Probation Officer DRB:se i 1 ■ a 1! i r nj Pry tl ~ ~ `awl THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY 1 OF ORIGINAL i I B WORK OUTSIDE COUNTY RICITTS-07-WAYS FM THE KNBANCENENr OF COUNTY ROAD PROJECTS - Pap 1 of 1 Owner I Address or Phone 1 Location of York to be Done 1 Description of York to be Done Date Agreement Signed GIBBS, 5112 Bahia Dr. 0.1 mi. S of Capstone Dr. on Remove excess material from old 01111190 Pete College Station 77840 Y side of I[CN Rd. spoil bank along Y side of IICN Rd. 8M, Phone 690-0116 Koppe Bridge Rd., approx. 0.1 Re-shape eroded and Sullied areas 01111190 Mary =I. Y of Batts Perm Rd. Inter along Koppe Bridge Rd, ditches. Remove fence, clear site and re- build fence to be done by landowner. Brun Canty vill re-shape Sullied area only. 'f O' Oa C P_ 7