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Home My WebLink About1990-02-19-0600PM-Specialf BRAZOS COUNTY -,w BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING MONDAY, FEBRUARY 19, 1990, 6:00 P.M. 1. Invocation. 2. Pledge of Allegiance. 3. Consider and take action of setting the date, time and place for Public Hearing on Brazos County Rural Fire Prevention District No.l and No.4. 4. Consider and take action on amending Commissioners Court Order adopted February 5, 1990 in regard to the County Retirement Program. 5.• Consider and take action on Resolution authorizing Brazos County to purchase computer printers on State Contract. 6. Consider and take action on Resolution authorizing application for grant to support Community Crime Prevention. 7. Consider and take action on Charter Document between the City of Bryan, Brazos County Emergency Communications District 9-1-1 and Brazos County. S. Consider and take action on request from GTE to install com- munication line in county right-of-way of Dogwood Trail in Precinct 4. 9. Consider and take action on work outside of county rights-of- ways for the enhancement of county road projects. 10. Consider and take action on personnel change of status. 11. Consider and take action on payment of claims. 12. Adjourn. 41 VOL. IX -PAGE-L74. u • • COMMISSION] SPECIAL ] FEBRUARY ] 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, February 19, 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, absent; 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 A. H. Winder County Engineer Sandie Walker Deputy Treasurer Mary Ann Ward Co. Clerk's office Ron Miller Sheriff Elizabeth Sharp Bryan/College Station Eagle Alice Brown KBTX-TV Andy Richardson KBTX-TV Ramiro Quintero- Brazos County Resident Jeff Haislet 9-1-1 District Christi L. Everett Student Lori Everett Student Clara Mounce Brazos County Resident Claude Mounce Brazos County Resident Michele Meade Pct. 1 V.F.D. L. G. Crum Brazos County Resident Commissioner Norton gave the invocation and led the pledge of allegiance. On motion by Commissioner Turner, seconded by Commissioner Norton, the Court voted unanimously to set the date and times for the Public Hearings on the Brazos County Rural Fire Prevention District No. 1 and No. 4. The Court set March 12, 1990 at 1:00 p.m. for District 1 and 1:30 p.m. for District 4. A copy of each notice is attached hereto. On motion by Commissioner Norton, seconded by Commissioner Turner, the Court voted unanimously to amend the effective date of the Court Order adopted February 5, 1990 including State and District officials in the Texas County and District Retirement System to extent of supplemental compensation paid by County. VOL PAG 7'' Commissioners' Court meeting February 19, 1990 Participation will begin on March 1, 1990. A copy of the Order is attached hereto. The Court next considered a Resolution approving the participation in the purchasing programs of the State Purchasing and General Services Commission and authorizing Sharon Fairchild or Rosalie Todaro to deliver all necessary requests and documents on behalf of Brazos County to said agency for the purchase of computer printers. On motion by Commissioner Wilcox seconded by Commissioner Turner, the Court voted unanimously to adopt the Resolution approving the participation and authorizing the Purchasing Agent to purchase computer printers Contract Class No. 203-A1. A full copy of the Resolution is attached hereto. The Court next considered adopting a Resolution authorizing application for a grant to support the Brazos County Crime Prevention Program that is administered by the Sheriff's office. Such grant to be in the total amount of $33,792; Sixty percent (608) or $19,874.00 to be funded by the County, forty percent (408) or $13,874.00 to be state funded. On motion by Commissioner Wilcox, seconded by Commissioner Norton, the Court voted unanimously to authorize the County Judge to make application on behalf of Brazos County to the Criminal Justice Division and accept on behalf of Brazos County such grant funds as may be tendered. A copy of the resolution is attached hereto. The next matter for consideration was the Charter Document between the City of Bryan, Brazos County Emergency Communi- cations District 9-1-1 and Brazos County. Central dispatching will be supervised by 9-1-1. Brazos County will supply three (3) dispatchers and one (1) supervisor. On motion by Commissioner Norton, seconded by Commissioner Wilcox, the Court voted unanimously to adopt the Charter Option 1 Phase 1. A copy of the Charter is attached hereto. The Court next considered the request by General Telephone Company to install a communication line across the right-of-way of Dogwood Trail in Precinct 4. On motion by Commissioner Wilcox, seconded by Commissioner Turner, the Court voted i VOL 0 PAGE /7P • • I r, Commissioners' Court meeting February 19, 1990 unanimously to approve the request of General Telephone Company and authorized the installation. A copy of the request is attached hereto. The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Taylor, Steven Sheriff Office Step Increase On motion by Commissioner Wilcox, 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 152588 thru 153028 20 Road & Bridge---------------Claims 153131 thru 153202 25 Capital Impro. Debt Ser----- Claims 153029 thru 153033 41 Court Master Grant----------Claims 153034 thru 43 Oil & Gas Fund--------------Claims 153035 thru 153037 54 Health Department-----------Claims 153052 thru 153074 61 Health & Life Ins-----------Claims 153075 thru 153080 70 Indigent Health Care--------Claims 153081 thru 153117 72 Bail Bond Board-------------Claims 153118 thru 90 Community Services Off------Claims 153119 thru 91 Juvenile Comm. Grant--------Claims 153120 thru 94 Victim Assistance Prog------ Claims 153121 thru 153122 95 Comm. Crime Prevention------Claims 153123 thru 97 Narc. Traf. Task Force------Claims 153124 thru 153130 On motion by Commissioner Turner, seconded by Commissioner Norton, 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 VOL U/ _PAGE /7f - The foregoing minut6a have been examined and arproved in open Court this the day of 19~ In Bryan, Brazos County, Texas. o m Teen County Judge I~r a ae qWQco x Commissioner, Precinct 2 P 1111ton Turner Commissioner, Precinct 4 VOL,_Jd-.PAGE$~ 4yo , Precinct 1 Ran y g Commiss oner, Precinct 3 l i Frall Bor s e CoUnt y Clerk Z' _N: o• ' 14 N • . ~1 r t d h; E t r NOTICE OF HEARING THE STATE OF TEXAS COUNTY OF BRAZOS The Commissioners Court of Biazos County, Texas will hold a public hearing to consider a petition for the creation of a Rural Fire Prevention District to be created and operated under the terms of Article III, Section 48-d of the Constitution of the State of Texas. The name of the proposed district shall be "BRAZOS COUNTY RURAL FIRE PREVENTION DISTRICT NO. 111. The designation of the boundaries of said proposed district are: Section 1: BEGINNING at the point of intersection of centerline of the Brazos River and the centerline of White Creek; • i .f • Thence Southward along the meanders of the centerline of the Brazos 'River (Brazos County- Burleson County and Brazos County- Washington County line) to its intersection with the centerline of the Navasota River; Thence Northwardly along the meanders of the centerline of the Navasota River (Brazos County- Grimes County line) to its intersection with the centerline of Carter Creek; Thence Northwestward along the meanders of the centerline of Carter Creek to its intersection with the College Station city limits line; Thence Southwestward following the meanders of the City of College Station city limits and Westwardly following the meanders of the City of College Station city limits until it intersects with the centerline of White Creek: Thence Southerly along the meanders of the centerline of White Creek to the point where it intersects with the centerline of the Brazos River thus returning to the point of the beginning. Section 2: WHEREAS also including the area of land bordered by Rock Prairie Road on the East, Greens Prairie Road on the South, and State Highway 6 on the West, excluding College Station Extraterrestrial Jurisdiction of 200 feet from the centerline and the Southeast corner of this section known as the College Station City Landfill as per attached map. VOL 0 PAGE l8/ The place of the hearing will be the Commissioners Courtroom, Brazos County Courthouse, 300 East 26th Street , Bryan, Texas. The date of the hearing will be March 12. 1990 , and the time of the hearing will be 1:0011P.M. All interested persons who may have an interest there n are invited to attend said hearing and present their grounds, if A\y, for or against the formation of said district. FRANK BORISKIE, COUNTY CLERK Brazos County, Texas I VOL. UJ PAGE (42/ Y ' • l t i t ,I i NOTICE OF NEARING THE STATE CF TE.,L.%S COUNT': CF BRAZCS The Commissioners Court of Brazos County, Texas will hold a public tearing to consider a petition for the creation of a Rural Fire 2=eve:ltion Distr:.ct to be created and operated under the terms of ergo'-e Section 48-d of the Constitution of the State of Texas. The name of the proposed district shall be "BRAZOS COUNTY RURAL ?.RE ?Rr1ENTI0N DISTRICT NO. 4". The designation of the boundaries of said proposed district are: 7CT--'-rG ?RE'C=-T= 1 - SMET NA 3EGIVNI:TG at =,.e oc: nt :There an ex--ans:on of he centar_'_ze of FX _008 (Lecnar_ Road) :ntersec=s the =enter=one of `:e Brazos River; I'.c!TCZ gene---Ally nor--hwestarly along the meanders of the c_nterline of the Brazos River to the ooinc of _ntarsection wi~..h the common boundary line of Brazes and Rceer=sen Czuntles; T~.e~"`..JC ner- :east along said common boundary lize to its i.-itarsec=icn wi=h r. :e centerline of %Tumford Road; ONCE scut :eas:.ar=y along t.:e centa=liae of the X. =card Rcad _z `:e l=oin waers said' cantar'_ine intarsec-_s 3rrran l:mi:s 1i.-ie; =TCE ccntrzuinq in a southeast di_ecr_on along the ar-ran c:t-~ liai s line to Its intarsec rion :r_t,.h t:Q centerline of ?P! _6aa (Leonard Road); c= souL:west along the eentarline of nx :6aa to ",r the Ponir' OF BEG=TN=G. With pol:izq place at the S .2 S HALL at S:W'LvA. VOL_HJ - PAG ~,J Y3 • J M TOT LQ ?RE== 29 - 9RQSHT M==_== BEG=W=G at the point of intersection of the cantarline of the Brazos RR:ver and the centarl=ne of FM 1688 (Leonard Road); -%Wc= nor-=easterly along the centerline of said rm 1688 (Leonard Road) to the point where it intarsects the Brian C-4.ty limits line; E:TC sourherly along the Bryan Cit.1 limits -line to the point where it intarsec= w4 th `.he Callege Station City limits 1i.-le; ':'=CM southerly alonq the Ccl_ege Station City limits line to the point where it intersects with the centerline of Whita Creek; T=CE sourherly along the meanders of the centa.rline of Whita Creek to the point where it intersects with the centarline of the Brazos River; nor-.hwes Pawl.! al onq the meanders of the centerline of c1 a 3rszos liver to r :e ?0nr_" OF 3EGZ,M:.NG. With pol_inq ?.ace at 3RUSii CCM_**_[JNI':^i C°.`T'- R. •_7C=TG ~QrC:VC'^ ?0 - 'T7-ZCWSH--? Jaime tweet 9u_2d4ne1 3EGCYN_YG at tie Point of =e _ntarsec__on of ceztar__ne :-"A ZCC: and =!:e 3ra=os ZounvT-Rccer-=scn Czunt r scur».weszerly a.L-_nC a Brazos C'.zunt"l-Rcaer :son Czunt•y 1 :ne _o :.he no Tat :where _ _ Tatar sec-_3 with the centa:.1 ine of '.'U mford Road; .'3"`TCE scu;.heas:.arly along the cantar:ine of the :sumford Road to the Pcint where said centa:_ine intarsects Bryan C:zy Nits ~1ine: c TC: zor-.:er:y along r.:e Bryan City 1 ~_s !Lie to tie c int aner s i= latarsacts W' it!: :e cantar::.ze of -7.4 974; :'r?`':TCr zcr--erl•y along _:e caztarl_ne of _T.X 974 to =.:e point :where it intarsects ;with Pre centarl:.ne of --*m z2C3. T°TC= ::cr- :er' y a_cnq t=.e _antsrl:ne of F`! :zz3 zz =o OF 3E3S_`TN_ TG, hug excluding the par= of :.he sl:cwsa_, 3a__ trace on Taror Rcad :.-%clgded ..-s ?rscinc_ With the : ollr.q place at a :'r" = WSJ? =s-.-. 'West 3ui:d_-%q) . VOL_ IJ_PAGE 1 f i t • 01, The place of the hearing will be the Commissioners Courtroom, Brazos County Courthouse, 300 East 26th Street , Bryan, Texas. The date of the hearing will be /yw&,C,/ /a+ 19_ 90 , and the time of the hearing will be r P All interested persons who may have an interest the ein are invited to attend said hearing and present their grounds, if any, for or against the formation of said district. 4-e--k-6- Ile, 75 ~/v ezc FRANK BORISRIE, COUNTY CLERK Brazos County, Texas - V O L~O-PAGE/kr- 0 1 AMENDED •r TCDRS-D (Revtsed 1.2/89), TEXAS COUNTY AND DISTRICT RETIREHF,NT SYSTEII SUCCESTED FORH OF COMISSIONERS COURT ORDER INCLUDING STATE AND DISTRICT OFFICIALS IN TEXAS. COUNTY AND DISTRICT RETIREIIENT SYSTEM TO EXTENT OF ' SUPPLEHENTAL COMFENSATION PAID BY COUNTY THE STATE of TEXA$ ! COUNTY of Brazos ! On this the 19th day of February , 1990 . tile Commlostaners Court of Brazos County, Texas was convened in special session at a s Ren al Term of said Court, with the following members present, to wits :1 . R. J. llolmgreen . County Judge Cary Norton . Commissioner, Precinct it Walter Wilcox , Commissioner, Precinct 02 Randy Sims . Commissioner, Precinct 117 Hilton Turner , Commissioner, Precinct 04 Frank Boriskie , County Clerks and at such session. among other proceedings, tine following order wait pallsedl "Whereas, by virtue of an order of the Corrrnlseloners Court of Brazos County. Texas adopted on the 5th day of February , 19 90 , said County became a participating subdivision in the Texan County and District Retirement Systems and Whereas, at said date of participation persons holding state or District offices who receive supplemental compensation from County funds lie addittorr to the compensation received by them from tine State of Texas were not eligible to be included. and in consequence were not Included as employees of said County in the Texas County and District Retirement Systems and Whereas, by enactment of Chapter 522. Acts Regular SessLon, 62nd Leginla- ture, the County line now been authorized on the terms therein stated to prnvlde for Inclusion of such State and District offices lie the Texas County and Dis- trict Retirement System to the extent of the compennotloo paid each Ruch person by the County, and the Commissioners Court of Brazos County Ilan determined that it is to the public interest that such officials be so included) it is therefore. ORDERED BY THE COIRIISSIONERS COURT OF BRAZOS COUNTY, TEXASr "1. Pursuant to the provisions of Section 842.201 of Texas Government Code. Title 6, Subtitle F, Revised Clvll Statutes, gram County hereby elects to Include in tire Texas County and District Retirement System effective the 1st day of March . 1990 (tire effective date of tills order) all persons regularly engaged in tine performance of the duties of an elective or appointive state or Olatrict office (and w1on are mRndrrrn of Judicial Retirement system) who, in addition to the compensation received from the State of Texas, are paid supplemental compensation from Currrrty funds of said Countys and all such persons shall be considered to the extent of the compensation paid to such person by tine County, to be employees of nald County within the meaning of said Act, and an such eligible for membershIp lie the Texas County and District Retirement System. YO PAG E(86 - - r~ page 2 (TCDRS-D) • • "2.(a) Every person who is, on the effective date of title order as above specified, within the class designated by this order to be included LII the Texas County and District Retirement System, shall h-come a member of said i System, as aII'employee of Brazos County, unless such person, within thirty (30) days from the effective data of this order, sliall execute and file with the Director of said System a written waiver of membership, in such form as the Board of Trustees of said System may prescribe. Any person who tiles a waiver of membership as herelnabove provided. may snllaegllelltly ripply for membership In said System as of the first day of any month thereafter -and, if such person would then be eligible for membership In the System as a beginning employee of said County, may thereupon become a member of the System at that date but without credit for any service antedating the date of membership. "(b) Every person who subsequent to the effective dnte of this order becomes for the first time an employee of said County by reason of an employment described hereinabove, shall become a member of Texas County and District Retirement System at the date of such employment. "3. Any person who becomes a member of Texas County and Dintrlct Retire- ment System pursuant to this order shall not be allowed credit for service rendered prior to the effective date of this order, entese--with1n-elnety-(96) daysefte"he -r.~- lfeet! aie of aa#d-erder-i -6t161F-I►@ rA@n-p@ F f AF RIP. ~I-IIPFY 1 @p A-A a Fps- eaeJi -an ink am GIMPi9yee of said County between kite-Cffee't! a date of this eenW-*-part4ei- patWn-4:.- -Te*o@ County --end-Btstrtet-Ret4;emen"ys-Eels-end-Nt"f4eee4v.ate rof--this--orders-such -pe"e and deposit =CIF eatd-Sy+Item--a-auw equal--is-%h@-dap o-ita wMah-a-member. of k i"ye-tem dr-ew""ie-eame-eompelsaatiell fcola-the-Countf-du*Ug-the-@am@ period nit re~u4*ed-t-e--me yp"mj and 11(b) -County-vllhin-lhe-nlnely-(99)-day-pert"d f com-tha-a-E-feu-E~-+ve-date-eg--llr~e-er-der-el►a~l--coTrt-r4b I . yaFeIR~1- n~wmwu+rt equal !n- and for the ptizpoeia of lag, %it p n'te-egpde-b"he-member puFnionvit to--pav-agraph-4(a)-T--above. "Lu-%J►o--eventtlto d pan' to made with4o--lhe speellied, the @ue so pen t te@l by t te-member-sh*4 -he ng-Finns oF tits -em, -avid sue arvlee _ edi• Wr #4ch his--e rid -the--+ontekMs depeoLke made hy the County shall be deposited to Its Ftinid of 6-he @!@too. 1 t ,I VOLJ---~_pAGE a,7 I I / page 7 (TCDRS-D) n ."n-, .1 OR 1khA . wise ah-24 make end --de / he--drpostE-a e, by a' owed, aredit for a n witoidefell to - thin Ceus►0 y Awl- Ls-alese Wow to its as-ttaL n-<►f-1►~a --P"or -serviee-its 0 e-manner-prer4ded- by lwv--and-Ehc--Reles-end-RegulatLoma-of-aald 11"tear--she ed it -deEe+nrL~+ed-M-Rhe aAwa•-manaee-and-en-El►e-came-per-aer►Lsso of-IIFI i►num-pf-Ler-Sew Lee-C"df-"a woor'-deed-- "eEertetwin"te-41-teested-Rr-4er gervLee-6red4E-ef--Ehoae-ampMyeas ove"11 -County-wi-a 16oeaae-wee►befa-e swLd-Syr em-en-ti►a-dace-a'~•.'aLw-c:ouu~y=w portte-Epelten-!herein: "Saal, suah em "priev •r er-wepv-ie"V5161W.-Od be torte-tha-eUsot4ve-date- sl- paft 4a1 have---alto 1 l-prompt.1 y ti-le-with the 1 a detailed tatement Goa-eaalF-forms aa-are-p"o-vibed-by-of-under the-direatUn-e`f kit -lleardat-Tra+aEres-wt-the System"E-a-U-reek-pr-ter-ser4ee.- The 1 +~_I►acah autl►os-Lssd % end-dtreete"cs ver4"aelt ueh-statement-ef prier-ser-v-Lee-e[aimed "sod -upon being-s-aL1s1Ud-tlaat-tl+ eat•,-I;9-eer-tI,f Ee-ihe-Aoard-el-~rnsteen of-41►e-Syetem en-bales! leng- l►-e-V2pr"r-servlee-"for vhLob-ofed hie-County-to the-emp4eyee=a►embef-latated-En-E+fraa of -oaths Of sualt eneirvice). and 4b) +e-"avevege-prior -sew•Lee-eempenaaE 1 nit" of the amp-Loyea-somember, to be puled-and-reperted-an dtreeted by--N►e-Bealed em. "S. Member contributions of each person who becomes a member of Texan County and District Retirement System by virtue of this order shall be made to the System for each payroll period from and after the effective date of this order, at the rate of contribution prescribed for all employees or thin County. upon all compensation (not exceeding the maximum compensation for the period applicable to other employees of the County) which raid person receives out of County fundsl and the Co. Treasurer 2 eliall collect nucl► member deposits, and shall tranamlt the same to the System, an provided In Sections 845.402 and 845.403 of Texan Government Code, Title 8, Subtitle F, Revised Civil Statutes, as amended." The above order being read, It was moved and seconded that the same do ! pass and be adopted. Thereupon. the question being called for, the following members voted Ayes Norton , Sims _ Turner and Wilcox l and the following voted floe no one 11naert title of officer who is to verify and certify prior service records, a►►ch as "County Auditor" or "County Clerk". If more than one, Include elicit officer by title. atal .heefry thA fone►ll►n RnOt Is In pearfnem fair lion r:nn"ly lie Ibo matter. i =Insert payroll officer. VO RAG - - - _ ; t: page 4 Crc m-b) Witness our hands officially on this 19th day of February • i i t 4 ATTESTt County Clerk and Rx-Officio Clerk of the Commissioners Court. _ araj-ns_ County, Texas J • Commies one ~ Precinct /l- 6m-miesioner, Precinct ~Z ABSENT Commissioner. Precinct /3 Coassiisioner. Precinct 04 O-PAGE ~ 1990 Sample Resolution T!e law requires the governing body of each political subdivision to adopt a resolution each year, perhaps similar to this sample. RESOLUTION STATE OF TEXAS ) TO THE STATE PURCHASING AND COUNTY OF Brazos GENERAL SERVICES COMMISSION WHEREAS, the 0 Commissioners Court of Brazos County . Texas. pursuant to the authority granted by Sections 271.081.271.083 Local Government Code. V.T.C.A., as amended, desires to participate in described purchasing programs of the Sate Purchasing and General Services Commission. and WHEREAS, the • Commissioners Court a in the opinion that participation in these programs will be highly beneficial to the taxpayers of this (County, City, etc.), through the anticipated savings to be realized; now, therefore. be it RESOLVED, that the• Commissioners Courtof Brazos County does request that the State Purchasing and General Services Commission to include its stated need for (Contract Class No(s). 203-A1 on the Commission's annual contracts for those items, whereby (name of official)Cha rnn ra i rrhi 1 d pr Rnc,,.a i ;e,Todaro (title of official) County Auditor , is authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of (name of County, City, etc.) Brazos County I certify that the foregoing is a true and correct copy of the resolution duly adopted by the • Commissioners Court of Brazos County on the 19th, day of February . 19 90 , and that the same now appears of record in my office. In witness thereof. I have hereunto set my hand and affixed my official seal this 19th. day of February ,19 90 By: j Rrazns Cnunty (Si e) (Name of Political Subdivision) Brazos County Judge (Name dt Title of Official Signing) Frank Boriskie (Name of Custodian of Record) County Clerk (Title of Custodian of Record) *Governing Body: Commissianer's Court, City Council, School Board. etc. VCi arsase► ran i I s• e E r 5 State of Texas s f C minty of Brazos A Resolution Authorizing application for Grant To Support .Community Cr.ime Prevention WHEREAS, the Governor of Texas, through the Justice i Assistanr•e Arts, has a wide range of programs to provide funding for improvements in our rriminal justice system; and WHEREAS, in implementing the aforementioned programs, the Governor is making grant fund-:z available for the support of community crime prevention programs; and WHEREAS, Brazos Cn,inty has a rnntinuing need for a wide range of services to he provided through these programs, NnW THEREFORE, BE IT REsnLVF.D BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY at its meeting on the day of 1990 that: 1. The County Judge of Brazos County, actipg in behalf of Rrazns rolinty he 'authorized to make' application to the Criminal Justice' Division, Office of the Governor, for grant finds to he Used for the support of cnmmunity crime prevention under category 90-AOS, and 2. The County Judge he authorized to accept such grant fends should they be tendered; and 3. This resolution becomes effective upon its adoption. Halmgreen County Judge Brazos County, Texas ATTEST: ' ink Borisk County Clerk Brazos County, Texas ~g)i Id PAS 1 1 STATE OF TEXAS COUNTY OF BRAZOS This Charter Document is entered into and executed on behalf of the City of Bryan, the Brazos County Emergency Communications District 9-1-1, and Brazos County, hereinafter called parties, for the express purpose of cooperating amongst themselves and other public safety agencies in the Brazos County area to provide centralized dispatching and communications operations for emergency services so as to benefit mutually and equally the citizens of the parties. WHEREAS, each of the parties are political subdivisions of and responsible to the State of Texas; and, WHEREAS, the parties are desirous of entering into this Charter Document for the establishment, operation, and funding of a centralized dispatching and communications center for emergency services for all of their citizens; and, WHEREAS, the operations envisioned by this Charter Document shall be subject to the Brazos County Emergency Communications District 9-1-1 as organized in accordance with Article 1432e Vernon's Tex. Ann. Civ. St. except as hereinafter specifically provided for; and, WHEREAS, the parties are authorized to make and enter into this contract under the Interlocal Government Cooperative Agreement Act, Article 4413(32c) Vernon's Tex. Ann. Civ. St. and other applicable laws and resolutions for the creation and operation of the centralized communications center; and, VO PAQE. • • WHEREAS, the parties also desire to operate a centralized communications center under the authority of the criminal justice agencies of the parties insofar as the operations affect the integrity of the National Crime Information Center computer network; and, WHEREAS, the parties desire to establish and empower a policy making and governing board specifically for the communications center access as required to the National Crime Information Center network; and, WHEREAS, the parties expect to achieve cost saving efficiencies over time along with quickened emergency services responses to citizen needs; and, WHEREAS, the governing body of each party to this Charter Document has duly adopted a resolution authorizing the execution of this Charter Document; NOW THEREFORE for and in CONSIDERATION of the mutual promises and covenants herein expressed the parties agree to the following: ARTICLE I. DEFINITIONS Words and phrases used in this Charter Document shall have their normal and usual meaning unless otherwise indicated by the context or as provided for as follows: Brazos County Centralized Communications Center for Emergency Services (COMCNSRV) means the office, equipment, and personnel of the consolidated communications and dispatching center created in this Charter Document. 2 VOL-kJ PAGa 2 3 • I it i Executive Director means the Director of Communications or Executive Director of the Brazos County Emergency Communications District 9-1-1. Crime Information Center Managers Board (CICMB) shall mean that group of criminal justice agency chiefs or heads established by this Charter Document so as to govern and control the COMCNSRV insofar as the operations affect access to the National Crime Information Center network and records. Management Authority shall mean that power and control granted to set and enforce priorities; standards for the selection, supervision, and termination of personnel; and policy governing the operation of the center insofar as the operations affect the TELETS interface and information derived from TELETS and associated systems. Management Authority includes, but is not limited to, the supervision of equipment, systems design, programming, and operating procedures necessary for the development and implementation of the computerized criminal history program. ARTICLE II. ESTABLISHMENT There is hereby established the Brazos County Centralized Communications Center,for Emergency Services (COMCNSRV). The COMCNSRV shall be responsible in its operations to the Board of Managers of the Brazos County Emergency Communications District 9-1-1 or its Chief Administrative Officer, the Executive Director. 3 _-W VO 10 u j • T There is also hereby established the National Crime I Information Center Managers Board (CICBD). This Board shall be I made up of the Chief of Police of the City of Bryan and the Sheriff of Brazos County. This Board shall exercise management authority only insofar as it affects the TELETS. ARTICLE III. OPERATION, MANAGEMENT, AND FINANCE General operational and management authority over the COMCNSRV shall be vested in the Executive Director of the Brazos County Emergency Communications District 9-1-1 except as specifically provided for hereinafter. The Crime Information Center Managers Board shall have management authority, with full authority to monitor, audit, and review all operations of the COMCNSRV insofar as those operations effect the National Crime Information Center communications network. The CICBD may prevent or deny access, for cause, of any person to the COMCNSRV. All personnel of the COMCNSRV shall be required to be screened for an appropriate background investigation by a criminal justice agency prior to their employment and an unsatisfactory screening result shall be absolute grounds for non-employment. It is the intention of the parties that only qualified, professional personnel be employed for telecommunications dispatching or work in the COMCNSRV. The COMCNSRV may choose to enter into other agreements for the purpose of taking employment applications and 4 V ®L k) PAG 0 v interviewing people to be hired. The final determination for hiring shall be at the discretion of the Executive Director or his designee with the express exception as noted herein for personnel under the management authority of the CICBD. All telecommunications employees shall be required, as a condition of continued employment, to sign a commitment to keep confidential the criminal justice agency information which they shall come to know of, including but not limited to, the National Crime Information Center materials. The Executive Director agrees to abide by and ensure that all COMCNSRV employees abide by the rules and regulations for the National Crime Information Center network or terminals as promulgated by the CICBD. The CICBD shall be the sole authority for the establishment of operational policies and instructions regarding the National Crime Information Center terminals, access to them and their data entry, update, or retrieval. All policies and instructions shall be issued through the Executive Director. The COMCNSRV shall be financed by money payments from each of the participating parties or agencies. Such payments shall be based on the funding formula in the Centralized Communications Center Proposal dated February 6, 1990 as prepared by the Brazos County Emergency Communications District Staff. The philosophy and guidance of said proposal is adopted herein by this reference for all purposes. Each of the parties declare that it is their intention by entering into this Charter Document to participate jointly in the 5 VOL Q- PAGUE- 10 i I f 3 • COMCNSRV; including but not limited to, the operation and funding of the so-called E911 system and the Centralized or Consolidated dispatching center for emergency services. The initial term of this Charter Document is for five (5) years from the date of execution. It shall automatically renew itself by this provision annually thereafter subject to funding from the parties. After the initial term of this Charter Document, any party may withdraw from the COMCNSRV upon six months prior written notice to the Executive Director. The debts and obligations of the party shall cease as of the termination date. Brazos County shall act as the representative of the • unincorporated areas of the county wherein the Brazos County Sheriff provides law enforcement services. As other incorporated units in the County not parties to this initial agreement assume the public safety responsibility for their citizens, they shall be eligible to join in this charter Document upon favorable majority vote of their governing body. Operational and funding contributions of such units shall be as mutually agreed upon between the Executive Director, the Board of Managers of the Brazos County Emergency Communications District 9-1-1, and the incorporated unit. ARTICLE IV. GENERAL PROVISIONS The undersigned parties agree to indemnify and hold each other harmless from any claim or cause of action of whatever nature or kind which may arise out, of the actions or omissions of their 6 l/ V O L -FACE'l/917 0 i agents, officers, or employees in the fulfillment of that party's portion of this Charter Document. Such claims or causes of action shall be the sole responsibility of the party incurring same. This Charter Document shall be interpreted and enforced in accordance with the law of the State of Texas and in Brazos County, Texas. Each of the undersigned agrees to execute, without unreasonable delay, any contract or agreement as may be required to complete the stated intentions herein. All of the parties hereto agree to comply with any applicable Federal, State, or local rules, regulations, or laws. The COMCNSRV expresses its firm commitment that it shall not discriminate against any qualified applicant for employment with respect to his or her hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of race, religion, color, sex, handicap, natural origin, or ancestry. To the extent permitted by law, the COMCNSRV shall maintain the confidentiality of its records, while at the same time, keeping its records accessible to any proper party in accordance with law. The COMCNSRV shall keep proper records and maintain such for a period of at least three (3) years. All written materials, records or documents shall be presumed to be the property of the COMCNSRV. The promotional use by any person or business of the actions, equipment or activities of the COMCNSRV shall only be with the prior written consent of the Executive Director. 7 VOL ; 1 This Charter Document represents the entire understanding of the parties and any benefit or duty is not assignable without the prior written consent of the Board of Managers of the Brazos County Emergency Communications District 9-1-1. Should any word, paragraph or portion of this Charter Document be held to be invalid by a court of competent jurisdiction, such action shall not have any effect upon any other word, paragraph or portion of this Charter Document. written notices shall be effective as to the parties hereto if mailed postage prepaid, return-receipt requested to the following addresses: City of Bryan Attn: City Manager P.O. Box 1000 Bryan, TX 77805 9-1-1 District Attn: Executive Director P.O. Box 2291 Bryan, TX 77806 Brazos County Attn: County Judge 300 E. 26th St., Suite 114 Bryan, Texas 77803 COMCNSRV Attn: Executive Director P.O. Box 2291 Bryan, TX 77806 Change of written notification address may be made by any party upon ten days prior written notice to the other parties. The Executive Director shall have investigative authority for • any calls which may result in unsatisfactory performance of emergency response. Each party to this Charter Document whose signature appears below agrees to cooperatively commit itself and its resources to the carrying out of the intents expressed herein. This Charter Document may be executed in multiple originals for the convenience of the parties; however, this shall not be held 8 U0 S PAG 0 to adversely affect the validity of the Charter Document in any way. This Charter Document may be changed or amended only by a written memorandum signed by all the parties thereto . SIGNED THIS THE DAY OF Febrwar:~ , A. D. 19A. CITY OF BRYAN BRAZOS COUNTY Y r' By: r"!-,~Vate, Mayor R. J. "Dick" Ho mgreen 1w r County Judge T,. BRAZOS COUNTY EMERGENCY By COMMUNICATIONS DISTRICT 9-1-1 City Secre ary APPROVED AS TO FORM: By: Ch irman, 8 and of Managers By. City Attorney i I i 4 9 VOL PAGE 1•"' IL Form ED-135 (Rev. 4-83) HC 600647 i NOTICE OF COMMUNICATION LINE INSTALLATION 2/12/90 DATE. TO THE COMMISSIONER'S COURT OF Brazos COUNTY • ATTENTION COUNTY JUDGE: Formal notice is hereby given that GENERAL TELEPHONE COMPANY of the SOUTHWEST will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Approximately 1/4 mile North of its intersection with River Road, a bore is planned across Dogwood Trail. Then from the west side of the right-of- way at this bore to bury drop wire north for 250' to applicant to be placed a minimum of 30" deep and within 3' of the right-of-way. • The location and description of this line and associated appurtenances is more fully shown by two copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the General Telephone Company of the Southwest does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after Feb. 15, 19 90 General Telephone Company of the Southwest BY c - z Project Coordinator ADDRESS GTE Southwest Incorporated Engineering Department P. 0. Box 3158 Bryan, TX 77805 S.O. T037634 VO L_ • ) RIVER 'RDO • LAc it NE oaT a o. v •V 40 f ~ C1 " oa &Rr, 50 V i -A N • 93 4~C co , ' Q Q V • p o t VOL k)~.-PAGE---gO t } I 3 - - r- r. v ♦ i_.t. ..__..J r u-. J.. .a._.. _1 a._.~ ~n a....i.. .r'•"' _ H't. ,:l .a- .~.il. t'.t. ' 1 ! .,..r. w i... A ,