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Home My WebLink About1990-07-09-1000AM-Special.v ~J 910 JUL -o V,' 3: 13 BRAZOS COUNTY .l 4.. BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING MONDAY 4LRE 9 1990 10:00 A.M. 1. Invocation. I 2. Pledge of Allegiance. 3. Consider and take action on proclamation by Commissioners' Court for "Brazos County Blood Day". 4. Consider and take action on final acceptance of Brazos County Water Control & Improvement District No. 1. 5. Consider and take action on telecommunications system for the new Health Department building. 6. Consider and take action on work outside of County rights-of- way for the enhancement of County Road Projects: a) Cheyenne Road in Precinct 1. 7. Consider and take action on personnel change of status. 8. Consider and take action on payment of claims. 9. Executive Session to discuss personnel 6252-17(2)(g). 10. Consider and take action on Executive Session. 11. Adjourn. VOL VJ PAGE a COMMISSIONERS' COURT SPECIAL MEETING JULY 9, 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 10:00 a.m. on Monday, July 9, 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: Commissioner Sims gave the invocation and led the pledge Ruth McLeod Carol Palmer Bea Green Rhonda Seaton Cheryl Turney A. H. Winder Mary Ann Ward Shelly Lambert Ken Bost Jim Hiney Bob Reese Duane Garner of allegiance. Executive Assistant Admin. Asst. to County Judge Secretary to Commissioners Auditor's Office Auditor's Office County Engineer County Clerk's Office Treasurer's Office Health Department Bryan/College Station Eagle Candidate for County Clerk Soil Conservation Service The County Judge read aloud a Proclamation proclaiming Wednesday, July 11, 1990 as "Brazos County Blood Day". The Court joins with the local Red Cross Chapter to make the community aware of its responsibility to see that blood is available in sufficient quantities to meet the needs of all hospital patients. On motion by Commissioner Turner, seconded by Commissioner Norton, the Court moved to proclaim Wednesday, July 11, 1990 as "Brazos County Blood Day" throughout Brazos County. The County Judge then presented the signed Proclamation to Mrs. Rhonda Seaton, representing the local Red Cross Chapter. The next matter before the Court was the final acceptance of the Brazos County Water Control and Improvement District VOL - VJ PAGE 530 i - ~ I Commissioners' Court meeting July 9, 1990 No. 1. The County Judge briefed the Court on the events leading up to the current matter. He explained that • approximately two (2) years ago the Commissioners' Court agreed to take over and maintain the drainage and flood retention structures that had been previously controlled by the Big Creek Water District. In return, the Court was to receive the balance of funds in the Big Creek Water District account. The interest earned on the funds will be used to maintain the structures. The problems that resulted with the disbanding of the district have now been resolved. On motion by Commissioner Wilcox, seconded by Commissioner Sims, the Court voted unanimously to authorize the County Judge to execute the agreement between Brazos County and the Brazos County Water Control and Improvement District No. 1, accept the balance of $23,043.62 and the assignment of all easements • regarding the flood control improvements. A copy of the Agreement and Assignment are attached hereto. The Court next considered awarding the following bids: Bid No. 90-541 - Telecommunications System for Health Department is INITIAL EXTENDED BIDDER PRICE WARRANTY WARRANTY * Brazos $15,237.40 1 yr $2,209/yr Valley Telephone $13,880.25 2 yr $1,656/yr * Tel-Tronics $15,660.50 5 yrs Main $ 975/yr 3 yrs Phone 1 yr Labor Labor Only $14,509.00 Same $ 850/yr * GTE $29,897.43 2 yrs $55/hr labor $18,238.19 2 yrs $1,696/yr * Lindsay $17,551.00 2 yrs Hdwr $1,596/yr Comm. 1 yr Labor $14,847.00 2 yrs both $1,596/yr * Original Bid Price Negotiated Bid Price Cheryl Turney, Purchasing Agent, recommended acceptance of the bid submitted by Brazos Valley Telephone. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Brazos Valley Telephone. 41 ~ F Commissioners' Court meeting July 9, 1990 The Court next considered authorizing work outside of county rights-of-way for the enhancement of county road projects. The Road and Bridge Department requests permission to enter the private property of Lewis Johnson to construct an outlet channel for a ditch along the west side of Cheyenne Drive and enter the private property of J. D. Hefley on Cheyenne Drive to clean an outlet channel east of Cheyenne Drive to Peach Creek to drain water from the County road. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to authorize the work. The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Mitchell, Willie Road & Bridge New Emp P/T Adams, Ronnie Road & Bridge New Emp P/T Robertson, Terri Dist. Attorney New Employee Brandon, Beth Sheriff Office Resignation Sweat, Judith Sheriff Office Resignation Mathis, Michael Sheriff Office Resignation Colford, Carmen Sheriff Office Resignation Caldwell, Alan Road & Bridge Step Increase Gutierrez, Jessie Read & Bridge Step Increase Washington, Harris Read & Bridge 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 162158 thru 162386 20 Road & Bridge---------------Claims 162416 thru 162475 22 Road & Bridge II------------Claims 162387 thru 162388 41 Court Master Grant----------Claims 162389 thru 162390 43 Oil & Gas Fund--------------Claims 162391 thru 162394 54 Health Department-----------Claims 162408 thru 162413 61 Health & Life Ins-----------Claims 162414 thru 92 Brazos Center Sp. Events----Claims 162415 thru On line checks - 64976 and 64809 Commissioner Sims questioned check number 64875 for the purchase of soft drinks. He was informed that juveniles on probation are involved in the adopt-a-road program. Soft drinks are purchased for the juveniles when they go out to pick up litter. On motion by Commissioner Norton, seconded by VOt- ~ PAG ,1-"-\ of C r • • - - Commissioners' Court meeting July 9, 1990 Commissioner Turner, the Court voted unanimously to approve the Claims as submitted. At 10:15 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in closed executive session to discuss personnel. At 10:19 a.m. the County Judge announced the meeting open to the public. On motion by Commissioner Norton, seconded by Commissioner Turner, the Court voted unanimously to approve the step increase from a pay group 4 step 1 to pay group 4 step 2 for Suzanne Ellison, employee in the District Clerk's office. The request to reclassify the same employee was tabled until budget time. There being no further business to come before the Court, the meeting was adjourned. VOL PAGE-~3 • • t M The foregoing minutts have been examined and approved in open Court this the day of , 19 ?0, i►► Bryan, Brazos County, Texas. . o m teen Mary or n County Judge Commisa o er, Precinct. 1 Waiter Wilcox Ran Y S ms Commissioner, Precinct Z Commissi er, Precinct 3 Hilton Turner ✓7~~ ran eor, s e Commissioner, Precinct 4 County Clerk 0 ' N i i VOL 1~-PAGE 40"3Y I AGREEMENT THE STATE OF TEXAS § COUNTY OF BRAZOS § `512 5 THIS AGREEMENT is entered into on the date last herei written between BRAZOS COUNTY, TEXAS ('Brazos"), acting by and through its duly authorized Commissioner's Court, and BRAZOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, BIG CREEK ("BIG CREEK") acting herein by and through its duly authorized Officers and Trustee Board in the name of the District. WITNESSETH: WHEREAS: A. BIG CREEK was validated for organization and creation by Act on June 27, 1959, Chapter 10, 1st C.S., §1-12, 1959 Tex. Gen. Laws 30, and under the legislative duties conferred by Tex. const., Art. XVI, §59; and B. A federal district court order has enjoined BIG CREEK from completing any further construction of flood control improvements or of carrying out its statutory purposes • until it has complied with applicable provisions of the National Environmental Policy Act ("NEPA") and the Environmental Quality Improvement Act by completing, in association with the Soil Conservation Service, a study of the water sheds within its boundaries; and C. BIG CREEK has found that the study and cost of the completion of improvements as necessitated by that study would be prohibitive; and D. BIG CREEK, because of continuous court proceedings and litigation, has not completed the flood control and drainage structures commenced in 1972; and vol~_ PArzE.r- voi. I(A PAGE 527 • r i i E♦ BIG CREEK did build and has maintained certain drainages and flood retention structures and now desires to contract with BRAZOS to operate, maintain, and repair these improvements and structures; and F. BRAZOS is willing to assume responsibility for the aforementioned improvements and structures and to operate, maintain, and repair the same on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto, each in consideration of the promises and agreements of the other, mutually agree as follows: 1. TRANSFER OF THE BIG CREEK ASSETS BIG CREEK hereby assigns, transfers and conveys to BRAZOS all assets of BIG CREEK of whatever kind, including, but not limited to, those items listed on Schedule "A" attached hereto and made a part hereof for all purposes. BIG CREEK further agrees to execute all such other documents as may be necessary to effect such conveyance. 2. OPERATION AND MAINTAINING OF BIG CREEK IMPROVEMENTS In connection with its statutorily-prescribed purpose, BIG CREEK has completed certain flood control and drainage structures including channel improvements, dams and levees. BRAZOS, as consideration of the conveyance of the aforementioned assets and as part of its governmental functions on behalf of its citizens, hereby agrees to operate, repair and maintain said structures in a safe and reasonable manner and to incur such reasonable expenses as prove necessary to accomplish this operation and maintenance. 3. BIG CREEK BOND INDEBTEDNESS AND SURPLUS FUNDS BIG CREEK warrants that issued bonds and other obligations to fund the above-referenced drainage and flood control structures have been retired or funds are 2 VOL (RrAu 528 10 .4k 1 J t • • • available to retire all outstanding BIG CREEK obligations and anticipated expenses. Those funds remaining after such payments, BRAZOS has agreed, in compliance with §51.791 of the Texas Water Code, as is a part of Paragraph 1 of this agreement, to pay such excess funds to the County Treasurer of Brazos County, the county in which BIG CREEK is located for use as the Commissioner Court lawfully directs. 4. APPROVAL OF COMPLETED PROJECTS BY VARIOUS GOVERNMENTAL AGENCIES BRAZOS' assumption of BIG CREEK's obligations relating to the operation and maintenance of the completed BIG CREEK flood control and drainage projects will be subject to such supervision and approval of the Soil Conservation Service, as required by Federal statute and regulation. 5. TIME OF COMMENCEMENT The rights and duties of the parties under this Agreement shall commence on the day of 19~&), and shall continue until all BIG CREEK obligations as to its improvements have been discharged by BRAZOS' assumption of the obligation to operate and maintain the above-mentioned flood control and drainage structures. 6. DISSOLUTION OF BIG CREEK BIG CREEK, by and through its Board has complied with all the require- ments for the dissolution of BIG CREEK, including, but not limited to, Subchapter P of Chapter 51 of the Texas Water Code. BIG CREEK has taken all actions necessary to dissolve BIG CREEK and transfer all BIG CREEK assets to BRAZOS. In addition, by BRAZOS' and BIG CREEK'S action they have obtained the attached Attorney General 3 VOL 1.207 mu 529 VOL LPAGEJ__Y a 7 Opinion as to the authority, method and manner of dissolution of BIG CREEK and the assumption by BRAZOS of its assets and obligations. 7. WARRANTIES BIG CREEK does hereby represent and warrant unto BRAZOS the following: (a) There are no actions pending in State or Federal courts involving BIG CREEK. (b) There are no outstanding State of Federal court orders, either from a court of law or an administrative law court, requiring affirmative action by BRAZOS in order to discharge any environmental obligations imposed on BIG CREEK with regard to the water projects to be assumed hereby. (c) BRAZOS shall not be required to undertake any new construction in order to fulfill its obligation pursuant to this Contract. (d) There are no outstanding and unpaid debts of BIG CREEK. (e) BIG CREEK has ceased collecting taxes, which it was authorized to collect by law, to carry out the purposes for which it was formed. (f) The easements assigned as part of this Agreement and listed on Exhibit "A" hereto are in full force and effect and have not been violated or breached by BIG CREEK. (g) BIG CREEK has taken all steps legally necessary to dissolve. BIG CREEK acknowledges that BRAZOS is relying on the warranties and representations stated above and would not enter into this Agreement but for such warranties and representations. VOL 1207PAGr 530 4 VOL- W---PAGE---5-~~L no, I ` ~ f I } t • • • 8. ENTIRE AGREEMENT THIS AGREEMENT constitutes the full and complete understanding between the parties hereto and no other agreements or understandings shall have any legal effect whatsoever. All amendments and any new agreement hereafter reached by the parties shall not be effective unless reduced to writing and duly executed by each of the parties hereto. 8. APPLICABLE LAW THIS AGREEMENT is entered into and shall be interpreted under the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on this the day of ATTEST,: BRAZOS COUNTY, TEXAS • : By: P ki ty e, Co nt Judge &kl ' Cierk *Vill BRAZOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, BIG CREEK 1,7 ~ By: I~ E f' ~y S VOL 1207PAGf 531 r • - ~ - ~ ter.. . EXHIBIT "A" All cash balances in the accounts of BRAZOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, BIG CREEK, said accounts being as follows: A. Cash from accounts now held in the First Bank, Navasota, Texas in the amount of TWENTY THOUSAND SIX HUNDRED SIXTEEN AND 74/100 DOLLARS ($20,616.74). B. Al right, title and interest in and to judgment awarded to BRAZOS COUNTY on its own behalf and on behalf of BRAZOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, 361st Judicial District, Brazos County, Texas, styled BRAZOS COUNTY VS. T. P. ROTELLO, ET UX, ET AL in the original principal amount of TWENTY-FIVE THOUSAND SIX HUNDRED THREE AND 93/100 DOLLARS ($25,603.93) entered therein in September 1988, all of which judgment remains unpaid as of the date of this Agreement. C. All right, title and interest in and to the following flowage, flood and construction easements granted to BRAZOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, BIG CREEK along Big Creek Slough and Big Creek in Brazos County, Texas: 1. Ruth H. Moore, Individually and as Independent Executrix of the Estate of W. S. Moore, Deceased, dated December 1, 1967 recorded in Volume 273, Page 771, of the Deed Records of Brazos County, Texas. V0~ 1207PAGE 532 VCS PAGE 6-qO 6 I I% P • U • Martha Quinn dated October 19, 1967, recorded in Volume 273, Page 789, of the Deed Records of Brazos County, Texas. Victor Carter, Jr. and Mrs. Jessie Eugenia Carter Gunn, dated October 8, 1969, recorded in Volume 284, Page 196, of the Deed Records of 3razos County, Texas. r. T. Walton dated July 14, 1967, recorded in Volume 263, Page 134, if the Deed Records of Brazos County, Texas. ?asement granted in Cause No. 222-A, styled BRAZOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 VS. .ENA BERLE HODGES DICKSON, in the County Court At Law, Brazos County, Texas. Final Order entered on May 17, 1990. Judgment of Easement against James Hester and/or his unknown heirs granted in Cause No. 223-A, styled BRAZOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 VS. JAMES HESTER, ET AL in the County Court at Law, Brazos County, Texas. Final Order entered on May 17, 1990. 7. Easement of deed from Ruth Moore dated June 9, 1967, recorded in Volume 263, Page 138, of the Deed Records of Brazos County, Texas. 8. Any and all taxes due and/or tax account receivables due and assessed by the District prior to its dissolution on December 19, 1988. 7 vo-, 1207 PALE 533 VO A) PAGE IVI r ASSIGNMENT THE STATE OF TEXAS AUNTY OF BRAZOS $ WHEREAS, BRAZOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, BIG CREEK ("Assignor') acquired certain easements in real property from various residents of Brazos County, Texas in order to construct flood control improvements in the County; and WHEREAS, Assignor has entered into an agreement with BRAZOS COUNTY, TEXAS ("Assignee"), to assume all of Assignor's assets, rights, interests and obligations with regard to the easements and with regard to the flood control improvements; and WHEREAS, it is the desire of Assignor in connection with such Agreement to , i 1 transfer all rights it has acquired in the easement grants and the flood control projects to i Assignee. k NOW, KNOW ALL MEN BY THESE PRESENTS that Assignor for Ten and j No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid, has TRANSFERRED, ASSIGNED, SET OVER and CONVEYED and by these presents does ti hereby TRANSFER, ASSIGN, SET OVER and CONVEY unto Assignee, all of its rights, } interests, benefits, and privileges acquired through the following described legal instruments or proceedings: f 1. Ruth H. Moore, Individually and as Independent Executrix of the Estate of W. S. Moore, Deceased, dated December 1, 1967 recorded j in Volume 273, Page 771, of the Deed Records of Brazos County, Texas. 2. Martha Quinn dated October 19, 1967, recorded in Volume 273, Page 789, of the Deed Records of Brazos County, Texas. VOL 1207 PACE 534 VOL PAGE-~-Z I 19 • r1 r! 3. Victor Carter, Jr. and Mrs. Jessie Eugenia Carter Gunn, dated October 28, 1969, recorded in Volume 284, Page 196, of the Deed Records of Brazos County, Texas. 4. T. T. Walton dated July 14, 1967, recorded in Volume 263, Page 134, of the Deed Records of Brazos County, Texas. 5. Easement granted in Cause No. 222-A, styled BRAZOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 VS. LENA BERLE HODGES DICKSON, in the County Court At Law, Brazos County, Texas. Final Order entered on May 17, 1990. 6. Judgment of Easement against James Hester and/or his unknown heirs granted in Cause No. 223-A, styled BRAZOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 VS. JAMES HESTER, ET AL in the County Court at Law, Brazos County, Texas. Final Order entered on May 17, 1990. 7. Easement of deed from Ruth Moore dated June 9, 1967, recorded in Volume 263, Page 138, of the Deed Records of Brazos County, Texas. This Assignment, together with the covenants contained therein shall inure to the benefit of Assignee, its successors and assigns and shall be binding upon the Assignor, its successors and assigns. • EXECUTED this day of ~i..a e. . 1990. BRAZOS COUNTY WATER CONTROL AND IMPROVE- MENT DISTRICT NO. 1 BIG CREEK % ATIT-ST.- 1q.. ~t/C~ ~llGSr ; ~I By: x oL 2 VOL 1207 pa-'E 535 VOL ULPAGf-Vi-3 • • V i'HE STATE OF TEXAS § COUNTY OF BRAZOS This instrument was acknowledged before me, a notary public,'on this the Aa day of 1990, by R . m : e_hs#./ Y7r mp ke4-' de_.at of the BRAZOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 BIG CREEK. Notary Public, State of Texas Printed Name: leate-Q P6_tA.4Lr k KAREN PFCHACEK Commission Expires: 111A19 I Nolnry F,ew Stator! Tuns Lt' Co~$.' -fires J1, 12 b c~ 3 VOL Pw~ ND JOAG I . 1 ra BIB. CREEK WATERSHED Brazos County, Texas The provisions..of the original Operation and Maintenance Agreement and attached plan are amended as follows: 1. The Brazos County Commissioners Court is added as a party to this agreement and will assune the operation and maintenance responsibilities previously assigned to Brazos County Water Control and Improvement District No. 1, Big Creek. 2. Brazos County Water Control and Improvement District No. 1, Big Creek, is removed as a participant to this agreement. 3. The measures covered by this agreement are identified as: Sites 5 and 6, Big Creek Watershed, Brazos County, Texas • • Purpose: Add Brazos County Commissioners Court as a participant to the 0&M Agreement and remove Brazos County Water Control and Improvement District No. 1, Big Creek, as a participant to sane. Brazos County Soil and Water Conservation District By: Title: 1 Date: ']rIq I qo ~ Soil Conservation Service U.S. Department of Agriculture By 000. 'V A ) 4"(7A Title: State Conservationist Date: AUG 2 1990 Brazos County Water Control and Improvement District No. 1, Bi Cre By : Tit Da t Brazos County Commissioners Court This action authorized at an By: official meeting of the Brazos Cou ty Commissioners Court on Title :k4j &S COq~YV ZU D&~ day of I ell at Bryan, Texas. Date: ho Va:.1?07°A 531 Can, -a- 0.4 V 51s r PAG E R zos coin Tcr~ G~ ltl AMENDMEUT NO. 1 OPERATION AND MAINTENANCE AGREEMENT j t 1 i i MEN ROAD PROJECTS 1 of 1 Date Agreemen Page /cj:WKRG90 L ed 9/90 2/90 V~ 1 L7 d Cs;4 ..6 7 4