HomeMy WebLinkAbout1990-07-23-1000AM-Special1
90 JUL 20 9: 1,2
BRAZOS COUNTY
BRYAN, TEXAS
0 AGENDA
BRAZOS_COUNTY COMMISSIONERS' COURT MEETING
MONDAY, JULY 23, 1990, 10:00 A.M.
1. Invocation.
1 2. Pledge of Allegiance.
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3. Consider and take action on the approval of the minutes
of the meetings held on May 29, 1990, June 4, 1990,
June 11, 1990, June 18, 1990, June 25, 1990, July 2, 1990,
July 9, 1990 and July 10, 1990.
4. Consider and take action on budget amendments.
5. Consider and take action on the reappointment of R. J.
Holmgreen to the Brazos Valley Development Council Board
of Directors.
6. Consider and take action on Cooperative Agreement between
the office of the Attorney General and Brazos County.
7. Consider and take action on proposed insurance renewal
rates for PCA Health Plans of Texas, Inc. and Northwestern
National Life Insurance Company.
8. Consider and take action on request from Wixon Water to
install a water service drop in county right-of-way of
Reed Road in Precinct 2.
9. Consider and take action on request from Wickson Creek
Utility District to install waterline in county right-of-
way of Mancuso Road in Precinct 2.
10. Consider and take action on request from Wickson Creek
Utility District to install a water service drop across
county right-of-way of Oak Hollow Circle in Precinct 3.
11. Consider and take action on work outside of county rights-
of-ways for the enhancement of county road projects.
12. Acknowledge receipt of Treasurer's Report.
13. Consider and take action on personnel change of status.
14. Consider and take action on payment of claims.
15. Adjourn.
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COMMISSIONERS' COURT
SPECIAL MEETING
JULY 23, 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 23, 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:
Ruth McLeod Executive Assistant
Carol Palmer Admin. Asst. to County Judge
Bea Green Secretary to Commissioners
Rosalie Todaro Auditor's Office
Cheryl Turney Auditor's Office
Mary Ann Ward County Clerk's Office
Terri White Deputy Treasurer
Jim Hiney Bryan/College Station Eagle
Alice Brown KBTX-TV
Mike Humphries KBTX-TV
Ramiro Quintero Brazos County Resident
Bob Reese Candidate for County Clerk
Bill McGuire Brazos Co. Democratic Party
Kent B. Datson Wickson Creek Utility
Commissioner Sims gave the invocation and led the pledge
of allegiance.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held May 29, 1990, June 4, 1990,
June 11, 1990, June 18, 1990, June 25,1990, July 2, 1990, July
9, 1990 and July 10, 1990. On motion by Commissioner Turner,
seconded by Commissioner Sims, the Court voted unanimously to
approve the minutes as submitted.
The Court next considered Budget Amendment #11, which
would transfer funds budgeted for the oil and Gas fund to the
Non-Departmental department and increase the budget of the
Welfare department by $2,910.00. On motion by commissioner
Sims, seconded by Commissioner Wilcox, the Court voted
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mmissioners' Court meeting July 23, 1990
unanimously to approve the budget amendment as submitted, a
copy of which is attached hereto.
On motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to reappoint R. J.
• Holmgreen to the Board of Directors of the Brazos Valley
Development Council.
The Court next considered a Cooperative Agreement between
the Office of the Attorney General and Brazos County for the
continuation of the contract for the Master's program. The
contract period will begin on September 1, 1990 to run through
August 31, 1991. On motion by the County Judge, seconded by
Commissioner Sims, the Court voted unanimously to authorize
the County Judge to execute the contract on behalf of Brazos
County. A copy of the contract is attached hereto.
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The Court next considered proposed insurance renewal
rates for the PCA Health Plans of Texas, Inc. and Northwestern
National Life Insurance Company. Commissioner Norton read
aloud the following rates:
NORTHWESTERN NATIONAL LIFE
Current
Rates
Employee only $134.31
Child(ren) Only $ 86.19
Spouse (Only) $157.64
Fam.(Child/Spouse) $201.58
Proposed
Rates
$175.95
$112.91
$187.42
$282.05
Percent
Increase
31%
31%
19%
40%
Northwestern National Life's proposed rate increase are based
on experience rating.
PCA HEALTH PLANS
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Current
Proposed
Percent
Rates
Rates
Increase
Employee only
$105.99
$119.90
9%
Child(ren) Only
$ 87.34
$108.69
24%
Spouse (Only)
$133.13
$160.50
21%
Fam.(Child/Spouse)
$209.00
$252.67
21%
PCA's proposed rate increases are based on community rating by
service area
on motion by Commissioner Norton, seconded by Commissioner
Sims, the Court voted unanimously to adopt the new insurance
rates for the plan year September 1, 1990 through August 31,
1991.
Commissioners' Court meeting July 23, 1990
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The Court next considered the request by Wixon Water to
place a water service drop within the right-of-way of Reed
Road in Precinct 2. The Court also considered two requests
from Wickson Creek Utilities District to place a water line
within the right-of-way of Mancuso Road in Precinct 2 and to
place a water service drop across the right-of-way of Oak
Hollow Circle in Precinct 3. On motion by Commissioner
Wilcox, seconded by commissioner Sims, the Court voted
unanimously to approve the requests of Wixon Water and Wickson
Creek Utilities District and authorized the installations.
Copies of the requests are attached hereto..
The Court next considered authorizing work outside of
county rights-of-ways for the enhancement of county road
projects. The Road and Bridge Department requests permission
to enter the private property of Michael and Beverly Newman on
Benchley Drive to excavate an outlet channel to allow the
ditch to drain properly and to enter the private property of
Lee Adams on Benchley Drive to excavate and outlet channel to
allow the ditch to drain properly. On motion by Commissioner
Turner, seconded by Commissioner Sims, the Court voted
unanimously to authorize the work.
The Court received, approved and ordered filed as
submitted the Treasurer's report for June 1990. A copy of
which is attached to and made a part of these minutes.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
Barkley, Laeta Tax Office Resignation
Sanders, Patsy District Clerk Resignation
Hawkins, Daniel Road & Bridge New Emp P/T
Davis, Travis Road & Bridge New Emp P/T
Arnold, Zula District Atty. Transfer
Hogan, Renee District Atty. Transfer
on motion by Commissioner Norton, seconded by Commissioner
Turner, the Court voted unanimously to approve the changes as
submitted.
It,
:ommissioners' Court meeting July 23, 1990
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
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General Fund----------------Claims
163123
thru
163503
20
Road & Bridge---------------Claims
163646
thru
163757
21
Boonville Cemetery----------Claims
163504
thru
163505
22
Road & Bridge II------------Claims
163506
thru
163507
40
Law Library-----------------Claims
163508
thru
163516
41
Court Master Grant----------Claims
163517
thru
163518
43
oil & Gas Fund--------------Claims
163519
thru
163523
45
Omnibus Crime Control-------Claims
163524
thru
54
Health Department-----------Claims
163542
thru
163551
60
Payroll---------------------Claims
163552
thru
61
Health & Life Ins-----------Claims
163553
thru
163559
62
Flex Plan-------------------Claims
163560
thru
70
Indigent Health Care--------Claims
163561
thru
163592
90
Community Services off------Claims
163593
thru
163595
91
Juvenile Comm. Grant--------Claims
163596
thru
163598
94
Victim Assistance Prog------ Claims
163599
thru
163603
95
Comm. Crime Prevention------Claims
163604
thru
163605
97
Narc. Traf. Task Force------Claims
163606
thru
163645
Commissioner Sims suggested looking into the contract for
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transcription of audio tapes entered into by District Judge
John Delaney. Commissioner Sims noted that there were two (2)
different rates for transcription services, then suggested
this should be addressed at budget time. on motion by
Commissioner Norton, seconded by Commissioner Wilcox, 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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The foregoing minutes have been examined and approved in
open Coutt this the day of
19VO, in ~
Bryan, Brazos County, Texas.
4OsE/7-
tR J.-A10mgreen
County Judge
Walter wrrc--Ox'-~
Commissioner, Precinct Z
Milton Turvier
Commissioner, Precinct 4
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VoLI_PAG€Out Y--
aty o n
Commis i net, Precinct. 1
Ranay Sim
Commies ner, Precinct 3
Frank HoC S e '
County Clerk
1.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1990 BUDGET YEAR
NO. 11
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On this the 23rd day of July 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 July 23, 1990, the Court heard and approved
a budget amendment for the 1990 budget year for Brazos County,
Texas.
WHEREAS, an expenditure is necessary due to the 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 23rd day of July 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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07-23-90 Budget Amendment No.11
DEPARTMENT ACCOUNT # ACCOUNT NAME INCREASE
Non Depart 10-14-8114 Interfund Transfer 500,000
**INCREASE TO DEPT BUDGET $500,000
welfare 10-46-5644 DHR-TERP-Co. welfare 2,910
**INCREASE TO DEPT BUDGET $2,910
**INCREASE TO GF BUDGET $502,910
(DECREASE) REASON
Transfer to
Oil & Gas
fund
State match
to Co. budget
funds
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COOPERATIVE AGREEMENT
FOR TITLE IV-D EXPEDITED PROCESS PROGRAM
BETWEEN
THE OFFICE OF THE TEXAS ATTORNEY GENERAL
AND
BRAZOS COUNTY, TEXAS
STATE OF TEXAS f
f
COUNTY OF TRAVIS f
SECTION 1. PARTIES
This contract and agreement is made and entered into by and
between the Office of the Attorney General of the State of Texas,
hereinafter referred to as "Attorney General", and the County of
Brazos, Texas, hereinafter referred to as "County". The parties
hereto have severally and collectively agreed and by the execution
hereof are bound to the mutual obligations and to performance and
accomplishment of the tasks hereinafter described.
SECTION 2. CONTRACT PERIOD
This contract shall commence September 1, 1990, and shall
terminate August 31, 1991, unless terminated at an earlier date
pursuant to the provisions of Section 15 of this contract.
SECTION 3. ATTENDANT CIRCUMSTANCES
Attorney General, as the state agency designated by Chapter
76 of the Texas Human Resources Code to administer a statewide
plan for child support enforcement in compliance with Title IV,
Part D, of the federal Social Security Act and the regulations
promulgated thereunder, is interested in obtaining the
performances contemplated of County by this contract as a means of
meeting certain requirements of federal law pertaining to the
administration of such child support enforcement program. County
is required by state law to implement certain measures relating to
the use of masters in the adjudication of legal actions for child
support and may partially satisfy such requirements by rendering
the performances contemplated of County by this contract.
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SECTION 4. COUNTY PERFORMANCE
A. GENERAL
County, in compliance with Subchapter D of Chapter 14 of the
Texas Family Code, shall employ masters and other personnel as may
be required and shall provide services necessary to assure the
timely disposition of cases involving child support obligations,
the establishment and enforcement of which are being conducted
pursuant to Title IV, Part D, of the federal Social Security Act.
The amount of time for which a master is employed pursuant to this
agreement (i.e., full time, half time or quarter time) shall be
devoted exclusively to the adjudication of the aforementioned
child support cases.
B. FEDERAL LAW
It is expressly understood and agreed by the parties hereto
that the performances rendered by County hereunder are for the
purpose of effecting full compliance by the State of Texas with
requirements for expedited processes required by Title IV, Part D,
of the federal Social Security Act and the regulations promulgated
thereunder. All performances by County hereunder shall be
rendered so as to achieve full compliance with the requirements
for the Expedited Process Program contained in Title IV, Part D,
of the federal Social Security Act and the rules and regulations
promulgated thereunder.
The parties understand and agree that the presiding judge of
the administrative judicial region may appoint a master pursuant
to Subchapter D of Chapter 14, Texas Family Code, to serve more
than one county. County agrees that it shall be the employer of
any and all masters, and any and all personnel, employed to carry
out the terms of this contract for the following jurisdictions
Second Administrative Judicial Region of Texas.
C. ENUMERATED FUNCTIONS
County shall perform such functions as may be necessary and
appropriate to fulfill its obligations pursuant to Subsection A of
this section including, but not limited to, the following
enumerated functions with respect to the Expedited Process Program
rendered hereunder:
(1) paying the salaries and direct costs of masters who are
appointed by the presiding judge of the administrative
judicial region pursuant to Subchapter D of Chapter 14,
Texas Family Code;
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(2) paying the salaries and direct costs of administrative
assistants to the aforementioned masters;
(3) providing office space, supplies, equipment and other
personnel as may be required by a master to perform his
or her official duties; and
(4) preparing, maintaining and transmitting forms, records,
reports and correspondence essential to the effective
operation of this contract.
SECTION 5. ATTORNEY GENERAL OBLIGATIONS
A. REIMBURSEMENT OF ALLOWABLE COS1S
In consideration of full and satisfactory performance
hereunder, Attorney General shall reimburse the allowable expenses
of County as identified under Attachment A, subject to the
limitations set forth in Paragraphs 1 through 10 of Subsection d
of this Section 5.
B. LIMITATIONS ON REIMBURSEMENT
1. It is expressly understood and agreed by the parties
hereto that any and all of Attorney General's obligations
hereunder are contingent upon the existence of a State Plan for
Child Support Enforcement approved by the federal Office of Child
Support Enforcement providing for the statewide program of child
support enforcement. In the event that such a State Plan should
lapse or otherwise terminate, Attorney General shall promptly
notify County of such fact in writing and Attorney General shall
discontinue payment hereunder subsequent to Comity's receipt of
• such written notification.
2. Attorney General shall not be required to reimburse costs
pursuant to Subsection A of this Section incurred before
commencement of this contract or after termination of this
contract. Additianally, Attorney General shall not be required to
reimburse any salary or costs of a master or other personnel which
is incurred before or after the term of appointment of that master
by the presiding judge of the administrative judicial region.
3. Attorney General shall not be required to reimburse costs
pursuant to Subsection A of this Section 5 incurred by County of
a type not described by, or in excess of the total amounts
identified for, the respective categories of cost specified by
Attachment A to this contract, except as provided by the remainder
of this Paragraph 3. County may transfer amounts between
individual line items of Attachment A provided such transfers do
not result in a cumulative increase or decrease from the beginning
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of this contract in any such line item of more than three thousand
dollars ($3,000.00) and provided further that County notifies
Attorney General in writing of such transfer prior to such
transfer. The authority for County to make budget transfers as
provided by the preceding sentence shall not be construed as
authorizing any increase whatsoever in the total of all line items
of Attachment A. Any change in Attachment A other than those
provided by the second sentence of this Paragraph 3 shall be made
pursuant to Section 16 of this contract.
4. Notwithstanding any other provision of this contract,
nothing in this contract shall be construed to require Attorney
General to disburse to County under the terms of this contract in
excess of the aggregate sum of One Hundred Ten Thousand Four
Hundred Sixty-Two Dollars and No Cents ($110,462.00).
5. Attorney General shall not be required to reimburse any
costs incurred or performances rendered unless such costs are
incurred and such performances are rendered strictly in accordance
with the terms of this contract.
' 6. Attorney General shall not be liable pursuant to
Subsection A of this Section for costs associated with travel and
j, related expenses except as provided by Section 8 of this contract.
7. It is expressly understood and agreed by the parties
hereto that the financial obligations of Attorney General are
limited to and include no actions other than reimbursement of
County's allowable expenses as described in paragraph C below.
8. Attorney General has the right to decline to reimburse any
and all reports requesting reimbursement of costs which are
submitted more than ninety (90) days after the calendar month for
which such costs are incurred.
9. The purpose of this contract is to increase the funds of
County available for the collection and enforcement of child
support, and County shall not reduce the amount of funds provided
for these purposes because of the availability of funds from this
contract. In no case may funds reimbursed under this contract be
used to pay the salary of a district or statutory county court
judge.
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10. The amount allocated in Attachment A for equipment to be
used by County to implement this contract may be claimed by County
for reimbursement pursuant to this contract provided that:
(a) Attorney General approves the specific purchase;
(b) Any such expense is submitted by County and reimbursed by
Attorney General in accordance with this Section 5; and
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(c) The equipment or residual value of the equipment is
transferred to Attorney General when the equipment is no
longer needed to carry out the work under this contract
or when this contract is terminated, whichever event
occurs first.
C. METHOD FOR PRESENTING REQUESTS FOR REIMBURSEMENT OF ALLOWABLE
COSTS
1. For each calendar month durinq the period of performance
of this contract, County shall report to Attorney General costs
incurred by County in accordance with the provisions of this
contract not previously reported by County and unreimbursed which
have accrued pursuant to Subsection A of this Section 5. County
shall report to Attorney General in the manner and/or on the forms
specified by Attorney General and shall provide such information
and documentation as Attorney General may reasonably require.
2. County shall keep records as provided pursuant to Sections
7 and 11 of this contract in substantiation of such reports.
3. Attorney General agrees that reports received by Attorney
General within fifteen (15) days after the end of the calendar
month for which such reports are made shall be reviewed and either
returned to County for correction or further information within
ten (10) working days of receipt of such reports or processed and
submitted to Comptroller for payment within fifteen (15) working
days of receipt of such repnrt-i.
4. County shall refund within thirty (30) days to Attorney
General, any sum of money which has been paid to County which
Attorney Goner-al determines has resulted in an overpayment to
County. t:uunty shell bt- solely re5pun,:iible and liable for
settlement of all audit exceptions which may be taken by the
United States Department of Health and Human Services (hereinafter
"DHHS"). In the event that Attorney General makes a settlement
with DHHS pursuant to a determination by DHHS that certain of
County's expenses are not allowable under this contract or federal
regulations, County will pay to Attorney General the amounts so
determined, provided that Attorney General shall give County
timely notice of any such audit exceptions. Attorney General may
deduct amounts payable by County to Attorney General pursuant to
this paragraph from amounts reimbursable by Attorney General to
County pursuant to Subsection C of this Section 5.
5. Notwithstanding any other provision of this contract, it
is expressly understood and agreed by the parties hereto that
Attorney General may, at its sole option and in its sole
discretion, offset any amounts not reimbursed or otherwise owing
to County hereunder against any amount owing but unpaid by County
to Attorney General arising from this or any other obligation
between Attorney General and County.
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SECTION 6. ATTORNEY GENERAL OBLIGATION
Attorney General agrees to keep County informed in a timely
manner of all changes or amendments to Attorney General policy or
F procedure, federal policy or procedure and changes or amendments
i to the Code of Federal Regulations which might affect the
k Expedited Process Program.
SECTION 7. REPORTING AND RECORD KEEPING
A. TIME RECORDS
For all court masters and County personnel not devoted one
hundred percent (100%) to the functions required under this
contract, the County is required to keep continuous daily time
records to be adequate to reflect the amount of time spent in
processing cases reimbursable under this contract. The County is
also required to maintain other records required by state and
federal laws and regulations.
B. RECORD RETENTION
County shall maintain and retain for a period of three (3)
years after the submission of the final expenditure report, or
until all audit or litigation matters are resolved, whichever time
period is longer, such records as are necessary to fully disclose
the extent of services provided under this contract, including
records which will show the basis of the direct cost charges made.
SECTION B. TRAVEL
The costs incurred for travel and related expenses shall not
exceed the amount computed for such travel at the rates
established by law for State of Texas employees in classified
positions. Such costs also shall not exceed amounts equivalent to
County reimbursements for other County employees similarly
situated. Expressly included in the term "travel" for the
purposes of this contract shall be the cost for attendance by a
master or administrative assistant of short-term seminars and/or
workshops approved by Attorney General directly related to
enhancement of such master's or administrative assistant's
competencies to perform the functions contemplated by this
contract.
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SECTION 9. MONITORING AND AUDITING
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Attorney General will monitor and conduct fiscal and/or
program audits pursuant to state and federal laws and regulations
including, but not limited to, 45 C.F.R. Part 74, at reasonable
times and provide consultative and technical assistance for the
continuous development of the services contemplated by this
agreement. County will grant access at reasonable times to all
books and records to representatives of the United States
Department of Health and Human Services, the Comptroller General
of the United States, the State Comptroller of Public Accounts,
and/or Attorney General for purposes of inspecting, monitoring,
auditing or evaluating said materials.
SECTION 10. ACKNOWLEDGMENT OF FUNDING
County agrees to place in all literature describing its
I services covered under this contract prominent notices
acknowledging the funding provided by the State of Texas and the
federal Office of Child Support Enforcement to County and such
notice shall also be placed in County's annual reports.
SECTION 11. COMPLIANCE WITH OTHER REQUIREMENTS
County shall perform its obligations hereunder in such manner
to assure its compliance with federal and state law and to assure,
with respect to County's performances hereunder, that Attorney
General is fully and completely meeting obligations imposed by
rules, regulations and law upon Attorney General in carrying out
the Expedited Process Program of child support enforcement
• pursuant to Subchapter D of Chapter 14 of the Texas Family Code
and Title IV, Part D, of the federal Social Security Act.
SECTION 12. EQUAL OPPORTUNITY
County agrees that no person shall on the ground of race,
color, religion, sex, national origin, age, handicap, political
affiliation or belief be excluded from participation in, be denied
the benefits of, be subjected to discrimination under or be denied
employment in the administration of or in connection with any
program or activity funded in whole or in part with funds made
available under this contract.
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SECTION 13. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto
that County is an independent contractor who shall have exclusive
responsibility for any and all claims, demands, causes of action
of every kind and character which may be asserted by any third
party occurring from, in any way incident to, arising out of or in
connection with the activities to be performed by County
hereunder.
It is further expressly understood and agreed that any master,
and any other personnel, employed to carry out the terms of this
contract is deemed to be an employee of County for purposes of
retirement benefits, health insurance and any and all other
purposes.
SECTION 14. ATTACHMENT
An attachment, entitled "Attachment A, Budget", consisting of
one (1) page, is attached hereto and is hereby made a part of this
contract.
SECTION 15. TERMINATION
A. DISCRETIONARY TERMINATION
Either of the parties to this contract shall have the right,
in such party's sole discretion and at its sole option, to
terminate this contract by notifying the other party hereto in
writing of such termination at least thirty (30) days prior to the
effective date of such termination. Such notification of
termination shall state the effective date of such termination.
B. REQUIREMENT CHANGES
In the event that state or federal law or other requirements
as specified in Section 11 of this contract should be amended,
judicially interpreted or otherwise changed so as to render the
terms of this contract, on the part of either party hereto,
substantially unreasonable or impossible, or if the parties should
be unable to agree upon modifying amendments which would be needed
because of such amendments, judicial interpretations or other
changes to enable the substantial continuation of the services
contemplated herein, then and in that event the parties shall be
discharged from further obligation under the terms of this
contract, except for the equitable settlement of the respective
accrued interests or obligations incurred up to the date of
termination.
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C. REJECTION CHANGE
Upon notification by County to Attorney General of County's
rejection of a change pursuant to the provisions of Subsection B
of Section 16 of this contract, this contract shall terminate
without further action by either party, such termination to be
effective as of the date County sends its written rejection.
D. NONEXCLUSIVE REMEDY
Notwithstanding any exercise by Attorney General of its rights
or early termination pursuant to this Section 15, County shall not
be relieved of any liability to Attorney General for damages due
to Attorney General by virtue of any breach of this contract by
County, or for amounts otherwise due Attorney General by County.
Attorney General may withhold any payment to County until such
time as the exact amount due to Attorney General from County is
agreed upon or is otherwise determined.
SECTION 16. CHANGES AND AMENDMENTS
A. CHANGES IN LAW
Any alterations, additions or deletions to the terms of this
contract which are required by changes in state or federal law are
automatically incorporated into this contract without written
amendment hereto, and shall be effective on the date designated by
such state or federal law or other requirement, unless this
contract has been terminated prior to such date through operation
of Subsection B of Section 15 of this contract or has been
otherwise terminated.
B. CHANGES BY ATTORNEY GENERAL
It is understood and agreed by the parties hereto that this
contract must at all times be in compliance with state and federal
law and that changes, interpretations and clarifications of such
state and federal law and other requirements made by the United
States Department of Health and Human Services during the contract
period will have the effect of qualifying the terms of this
contract. Based on these considerations, and in order to ensure
the legal and effective performance of this contract by both
parties, it is agreed by the parties hereto that this contract may
be amended in the following manner. Attorney General shall have
the right to propose amendments hereto from Attorney General to
County. Attorney General must furnish County written notification
of all amendments made pursuant to this Subsection B. Upon such
notification by Attorney General to County, an amendment proposed
pursuant to this Subsection B shall be deemed accepted and
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effective immediately upon receipt by County, unless County
notifies Attorney General within two (2) weeks of such receipt of
its rejection of the proposed amendment, in which case this
contract will terminate in accordance with the provisions of
Subsection C of Section 15 of this contract. Upon County's
acceptance of the proposed amendment, such amendment becomes
binding upon County and Attorney General as if written in this
contract.
C. CONVENTIONAL AMENDMENT
Except as specifically provided otherwise by this Section 16,
any' alterations, additions or deletions to the terms of this
contract shall be by amendment hereto in writing and executed by
both parties to this contract.
SECTION 17. ENTIRE AGREEMENT
This agreement, consisting of ten (10) pages and an attachment
of one (1) page, constitutes the entire agreement between the
parties hereto, and all oral or written agreements between the
parties hereto relating to the subject matter of this contract
that were made prior to the execution of this contract have been
reduced to writing and are contained in this contract.
SECTION 18. VENUE
This agreement shall be governed by and construed in
accordance with the laws of the State of Texas. The venue of any
suit brought for any breach of this agreement is fixed in any
court of competent jurisdiction in Travis County, Texas, and all
payments shall be due and payable in Travis County.
WITNESS OUR HANDS EFFECTIVE THE FIRST DAY OF SEPTEMBER, 1990.
Ul2l~LLU~
THE 490NORABLE
COUNTY JUDGE
BRAZOS COUNTY
STATE OF TEXAS
_L
ON L I SNOW
EXECUTIVE ASSISTANT FOR
ADMINISTRATION FOR
THE HONORABLE JIM MATTOX
ATTORNEY GENERAL OF TEXAS
10
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ATTACHMENT A, BUDGET
BRAZOS COUNTY COOPERATIVE AGREEMENT
Contract Period from September 1, 1990, to August 31, 1991
Master's Salary
$
57,750.00
Master's Fringe Benefits*
$
12.128.00
Administrative Assistant's Salary
$
21.950.00
Administrative Assistant's Fringe Benefits*
$
4.609.00
Court Reporter Expense
$
3.000.00
Travel for Master and Administrative Assistant
$
8.000.00
Audio Cassette Tapes
$
100.00
Postage
$
600.00
Long Distance Telephone Charges
$
600.00
Master's Judicial Liability Insurance
$
1,125.00
Office Supplies for Master and
Administrative Assistant
$
600.00
TOTAL
$110.462.00
*=FICA. Retirement, Insurance
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11.
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AMENDMENT NUMBER i
TO COOPERATIVE AGREEMENT FOR
TITLE IV-D EXPEDITED PROCESS PROGRAM
BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AND BRAZOS COUNTY, TEXAS
STATE OF TEXAS {
{
COUNTY OF TRAVIS It
SECTION 1. PURPOSE
The Attorney General of Texas, hereinafter referred to as
"Attorney General" and the County of Brazos, Texas, hereinafter
referred to as "County," do hereby contract and agree to amend
their original agreement as initially executed by both parties
hereto effective the first day of September, 1989,•and terminating
August 31, 1990, for the performance of certain expedited judicial
processes.
SECTION 2. AMENDMENT OF ATTACHMENT A, BUDGET
ATTACHMENT A, BUDGET is hereby amended by deleting the word
"Health" in the asterisk (t) definition of fringe benefits.
SECTION 3. ORIGINAL AGREEMENT
The parties hereto contract and agree that the terms of the
contract identified in Section i of this amendment shall remain in
effect and continue to govern except to the extent amended herein.
By the signing of this amendment, the parties hereto expressly
understand and aqree that this amendment is hereby made a part of
the contract identified in Section 1 of this amendment as though
it were set forth word-for-word therein.
WITNESS OUR HANDS EFFECTIVE J_YE FIRST DA OF SEPTEMBER, 1989
WA' U L I SNOW S
EXECUTIVE ASSI5fAN7 FOR ADMINISTRATION
FOR THE HONORABLE JIM MATTOX
ATTORNEY GENERAL OF TEXAS
THE H9NORAf1LE
COUNTY JUDGE
COUNTY OF BRAZOS
STATE OF TEXAS
V0 PAG E____ to
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NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given that c.)z.< oQ ) ej~rER
(Applicant), proposes to place a r&:W dcAtjree QRop
within the right-of-way of b D (name of
road) in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully
shown by ► copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he or his designated inspector may
inspect the actual installation.
2. That all damage to the roadways and rights-of-way will be repaired
to their original condition to the satisfaction of the County
Engineer.
3. That Brazos County reserves the right to require Applicant to
relocate or lower any such line at no cost to Brazos County, should
same become necessary due to widening or lowering, or other
alteration of the roadway or right-of-way.
4. That Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. That the line will be constructed and maintained on the County right-
of-way in accordance with governing laws.
6. That the line or lines will be constructed no less than twenty-four
inches (24") lower than the lowest part of the drainage or bar ditch
and the drainage is to be considered at least two feet (21) below
the center of the roadway.
7. That all sites will be barricaded during the construction period.
Construction of this line will begin on or after the day of
`19 9d .
LV (A Firm: 6dZk,4.r
By: 69,9t N'- 121r1__rN0
Title:
Address: l6- D. ,~,4 397
Phone: SW an 3p
•
APPROVED BY COMMISSIONERS' COURT
Date: 7 T o
IQ-,r &&!L a Aze__-
. o mgreen, C unty Judge
/cJ:ROWCRSG
VOL_-AA) PAGF
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VOLVPAGE rZSB- I I
NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
•
Formal notice is hereby given that Vi/j'cLo.,J &41
(Applicant), proposes to place a "L-w L.a,~•,
within the right-of-way of 1&,tt -L-60 (name of
road) in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully
shown by __;Z copies of the drawings attached to this notice.
•
•
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he or his designated inspector may
inspect the actual installation.
2. That all damage to the roadways and rights-of-way will be repaired
to their original condition to the satisfaction of the County
Engineer.
3. That Brazos County reserves the right to require Applicant to
relocate or lower any such line at no cost to Brazos County, should
same become necessary due to widening or lowering, or other
alteration of the roadway or right-of-way.
4. That Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. That the 1 ine will be constructed and maintained on the County right-
of-way in accordance with governing laws.
6. That the line or lines will be constructed no less than twenty-four
inches (24") lower than the lowest part of the drainage or bar ditch
and the drainage is to be considered at least two feet (21) below
the center of the roadway.
7. That all sites will be barricaded during the construction period.
Construc,Zion of this line
V✓1
will begin on or after the c,-?b day of
Firm: 14 &e,,L '
BY:
Title: LZi. /i✓si
Address: _/0 X97
Phone: h09-s9-3030
APPROVED BY COMMISSIONERS' COURT
Date: A. I' /?,Op
0 7 "ev&
. o mgreen, County Judge
/cJ:ROWCRSG
VOL_y) PAG~_ SPq_
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CHARLES. 'PATRANELL•A
100.0 AG
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NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given that ~Nu•_,~.k1J ~~~t.~ I),-; 1;M4 (Applicant), proposes to place a &4-kr-I,,-~r /_~roH
fJC,•i'os~ ~~J
wt#~r the right-of-way of d/i ~1/v.✓ ~,Ye ~t, (name of
` road) in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully
shown by copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he or his designated inspector may
inspect the actual installation.
2. That all damage to the roadways and rights-of-way will be repaired
to their original condition to the satisfaction of the County
Engineer.
3. That Brazos County reserves the right to require Applicant to
relocate or lower any such line at no cost to Brazos County, should
same become necessary due to widening or lowering, or other
alteration of the roadway or right-of-way.
4. That Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
S. That the line will be constructed and maintained on the County right-
of-way in accordance with governing laws.
6. That the line or lines will be constructed no less than twenty-four
I inches (24") lower than the lowest part of the drainage or bar ditch
and the drainage is to be considered at least two feet (21) below
the center of the roadway.
7. That all sites will be barricaded during the construction period.
Constru lion of this line will begin on or after the day of
1 , 19 9n .
Firm:
BY:
Title:
Address: .3297
-xv
Phone: A105- ~1-303
APPROVED BY COMMISSIONERS' COURT
Date: QV,4L a 90
T .J. mgreen, County Judge
/cj:ROWCRSG
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W AMS SUBDIVISION
1
PLAT NO. 3--"`
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3 94
70
S-3 U&
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Page 1 of 1
Date Agreesen
of Work to be Done
Signed
nter private property for
07/10/90
vating outlet channel from
er Benchley Dr. - a distance
y 50' from culvert to allow
properly.
nter private property for the
07/10/90
vating outlet channel from
er Benchley Dr. - approx.
itch to drain properly.
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JUNR
1990
TREASURER'S
REPORT
POND mm
Fm BALANCE
IsOmm
TOM
DISBORSEMEMPS
FUND BALANCE
INVESTED
BAL.11 ACCT.
'
05/31/90
"/90
06/30/90
GENERAL FOIm
7,058,054.98
781,643.42
7,839,698.40
1,078,271.41
6,761,426.99
6,635,000.00
126,426.99
ROAD i BRIDGE GOM M.
1,592,495.12
78,839.36
1,671,334.50
179,779.11
1,491,555.39
1,429,000.OD
62,555.39
BOONVILLE CIMETARY
1,076.35
3.31
1,079.66
786.82
.292.84
0.00
292.84
ROAD & BRIDGE 02
628,024.42
3,616.84
631,641.26
0.00
631,641.26
605,000.00
26,641.26
C.O. FUNDS
1,505,729.01
6,361.53
1,512,090.54
3,259.77
1,508,830.77
1,445,000.00
63,830.77
C.O.DEBT SERVICE
453,901.29
4,338.19
456,239.48
0.00
458,239.48
449,500.00
8,739.48
PERN.IWV.DEBT SVC.
711,226.60
12,703.75
723,930.55
0.00
723,930.55
711,000.00
12,930.55
ROAD & BRIDGE DEBT SVC.
158,343.01
64.71
158,407.72
0.00
158,407.72
158,000.00
407.72
CAPITAL PROJECTS 6 3MQ'V.
1,270,867.07
14,728.08
1,285,595.15
17,008.23
1,268,586.92
1,250,000.00
18,586.92
STATE LATERAL ROAD
218,177.13
2,067.50
220,244.63
0.00
220,244.63
220,000.00
244.63
LAW LIBRARY
31,957.27
1,215.85
33,173.12
1,420.16
31,752.96
20,500.00
11,252.96
OIL 6 OAS FUND
1,232,361.73
13,758.23
1,246,119.96
361,440.56
884,679.40
713,000.00
171,679.40
OMNIBUS CRIME COMr M
15,118.23
16,387.59
31,505.82
38.43
31,467.39
0.00
31,467.39
APPELLATE JUDICIAL SYST.
4,536.56
667.20
5,203.76
0.00
5,203.76
0.00
5,203.76
HEALTH DEPARTMENT
431,217.42
39,059.43
470,276.85
40,540.88
429,735.97
298,222.50
131,513.47
FOSTER CARE FUND
46,224.15
71,567.49
73,791.64
36,156.28
37,635.36
0.00
37,635.36
HEALTH 8 LIFE INSURANCE
334,379.63
66,756.43
403,136.06
83,154.85
319,981.21
0.00
319,981.21
INDIGENT HEALTH CARE
44,973.73
101,233.82
146,207.55
30,541.99
115,665.56
0.00
115,665.56
TOTAL
15,738,663.90
1,173,012.75
16,911,676.65
1,832,398.49
15,079,718.16
13,934,222.50
1,145,055.66
V) PA
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2ND QUARTER 19% TREASURER'S REPORT
FUND NAME FUND BALANCE I11C@m TOTAL DISBURSEMENTS FUND BALANCE
03/31/90 06/30/90
INVESTED BAL.IN ACCT.
06/30/90
GENERAL FUND
8,464,622.95
2,295,924.04
10,760,546.99
3,999,120.00
6,761,426.99
6,635,000.00
126,426.99
ROAD 8 BRIDGE GENERAL
1,757,384.17
311,423.62
2,068,807.79
577,252.40
1,491,555.39
1,429,000.00
62,555.39
BOONVILLE CEMETARY
3,034.81
16.86
3,051.67
2,758.83
292.84
0.00
292.84
ROAD 6 BRIDGE 42
612,691.94
18,949.32
631,641.26
0.00
631,641.26
605,000.00
26,641.26
C.O. FUNDS
1,504,091.52
31,186.43
1,535,277.95
26,447.18
1,508,830.77
1,445,000.00
63,830.77
C.O.DEBT SERVICE
559,716.94
21,240.04
580,956.98
122,717.50
458,239.48
449,500.00
8,739.48
PERH.IMPV.DEBT SVC.
672,825.77
51,104.78
723,930.55
0.00
723,930.55
711,000.00
12,930.55
ROAD 8 BRIDGE DEBT SVC.
156,165.78
2,249.34
158,415.12
7.40
158,407.72
158,000.00
407.72
CAPITAL PROJECTS 8 IMPV.
1,306,905.59
28,273.88
1,335,179.47
66,592.55
1,268,586.92
1,250,000.00
18,586.92
STATE LATERAL ROAD
214,818.40
5,426.23
220,244.63
0.00
220,244.63
220,000.00
244.63
FM & LATERAL ROAD
0.00
0.00
0.00
0.00
0.00
0.00
0.00
LAN LIBRARY
34,011.19
4,044.63
38,055.82
6,302.86
31,752.96
20,500.00
11,252.96
OIL 6 GAS FUND
1,596,018.07
49,906.36
1,645,924.43
761,245.03
884,679.40
713,000.00
171,679.40
OMNIBUS CRIME CONTROL
28,300.91
49,426.39
77,727.30
46,259.91
31,467.39
0.00
31,467.39
APPELLATE JUDICIAL SYST.
3,212.41
1,991.35
5,203.76
0.00
5,203.76
0.00
5,203.76
HEALTH DEPARTMENT
425,287.45
235,680.40
660,%7.85
231,231.88
429,735.97
298,222.50
131,513.47
POSTER CARE FOND
52,023.99
70,158.62
122,182.61
84,547.25
37,635.36
0.00
37,635.36
HEALTH i LIFE INSURANCE
346,577.96
215,418.70
561,996.66
242,015.45
319,981.21
0.00
319,981.21
INDIGENT HEALTH CARE
141,575.63
102,019.12
243,594.75
171,929.19
115,665.56
0.00
115,665.56
TOTAL
17,879,265.48
3,494,440.11
21,373,705.59
6,294,427.43
15,079,718.16
13,934,222.50
1,145,055.66
T 8c. -PAG Orl
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10
BRAZOS COUNTY
BRYAN. TEXA6 6i
AGENDA
BRAZOS COUNTY COMMISSIONERS' COURT MEETING
MONDAY, JULY 30, 1990, 10:00 A.M.
1. Invocation.
2. Pledge of Allegiance.
3. Consider and take action on the approval of the minutes
of the meeting held on July 16, 1990.
4. Consider and take action on the appointment of Presiding
Election Judge's and Alternate Presiding Judge's for 1990
and 1991 for each county election precinct.
5.• Consider and take action on application for tax refund for
Carey Dale Ted, Inc;
6. Consider and take action on request from Wickson Creek Spe-
cial Utility District to replace waterline in county right-
of-way of Old Reliance Road in Precinct-3. '
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.
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