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.
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BRAZOS COUNTY
BRYAN. TEXAS
AGENDA
BRAZOS COUNTY COMMISSIONERS' COURT MEETING
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.
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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:
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(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
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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
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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
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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
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VO IA PAC3
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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
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~ 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
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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.
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