Loading...
HomeMy WebLinkAbout1991-10-07-1000AM-SpecialBRAZOS COUNTY DRYAN, TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, OCTOBER 7, 1991, AT 10:00 A.M. INwTHE COMMISSIONERS' COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation. 2. Pledge of Allegiance. 3. Consider and take action on budget amendments. 4. Consider and take action on lease agreement between Brazos Valley Art League and Brazos County. 5. Consider and take action on Intergovernmental Agreement and Agreement for Animal Shelter Services between the City of Bryan, City of College Station, Animal Shelter and Brazos County. 6. Consider and take action on Resolution in regard to Brazos County's support of Proposition 4 on the November 5, 1991 Constitutional Amendment Election ballot. 7. Consider and take action on application of tax refund for Commerce Savings Association. 8. Consider and take action authorizing the Texas County and District Retirement System to do a reinstatement (Buy-Back Study) for employees of Brazos County who have previously refunded their deposits and have returned to work for Brazos County. I 9. Request from Sheriff Ron Miller to address Commissioners' Court. 10. Consider and take action on variance request for right-of- way width on the final plat of Woodlake Subdivision in Precinct 1. 11. Consider and take action on request from Ferguson Crossing Pipeline Company to install pipeline in county right-of-way of Britten Road in Precinct 4. 12. Consider and take action on request from GTE Southwest, Inc. to install cable line within j;he rights-of-ways of Silver Hill Road and Goodson Bend Road in Precinct 4. 13. Consider and take action on personnel change of status. ; 14. Consider and take action on payment of claims. 15. Executive Session to discuss personnel 6252-17(2)(g). I 16. Consider and take action on Executive Session. i 17. Adjourn. X001, PA.G E . . COMMISSIONERS' COURT SPECIAL MEETING OCTOBER 7, 1991 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, October 7, 1991, 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; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Carol Palmer Admin. Asst. to County Judge Bea Green Secretary to Commissioners Rosalie Todaro Auditor's Office Cheryl Turney Auditor's Office A. H. Winder County Engineer Sandie Walker Treasurer Ron Miller Sheriff Ron Huddleston Jail Administrator Jim Hiney Bryan/College Station Eagle Anne Friedenberg KBTX-TV Chris Schrieber KBTX-TV C. O. Illegible Brazos County Resident F. D. Bennett Precinct 2 V.F.D. Jeff Bentley Ferguson Crossing Pipeline Co. Commissioner Sims gave the invocation and led the pledge L of allegiance. The Court first considered Budget Amendment $91-027, which would reallocate funds budgeted for the 272nd District Court Department, transfer funds from Non-Departmental Department to Data Processing and Constable Precinct 4 and increase the budget of the Health Insurance fund due to increased expenditures. On motion by Commissioner Turner, seconded by Commissioner Sims, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court next considered renewal of a lease agreement between Brazos County and the Brazos Valley Art League for rental of a portion of the Brazos Center for a term beginning 300 I Commissioners' Court meeting October 7, 1992 October 1, 1991 and ending September 30, 1992. On motion by Commissioner Norton, seconded by Commissioner Wilcox, the court voted unanimously to renew the lease agreement between the two for the period stated above. A copy of the lease agreement is attached. On motion by Commissioner Norton, seconded by Commis- sioner Sims, the Court voted unanimously to renew the intergovernmental agreement for animal shelter services between the City of Bryan, City of College Station, Animal Shelter and Brazos County. A copy of the agreement is attached hereto. On motion by Commissioner Norton, seconded by Commis- sioner Sims, the Court voted unanimously to adopt a resolution in support of the passage of Proposition 4 on the November 5, 1991 ballot granting authority to the state to issue bonds to build 13,500 new prison beds and 12,000 new beds dedicated for substance abuse treatment of non-violent drug offenders. The next matter for consideration was a tax refund to Commerce Savings Association. In a Court settlement it was agreed to refund the County's portion of the 1990 taxes in the amount of $4,061.57. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to refund $4,061.57 in county taxes for 1990 to Commerce Savings Association. On motion by the Commissioner Sims, seconded by Commissioner Turner, the Court voted unanimously to authorize the Texas County and District Retirement System to do a Reinstatement Study (Buy Back Study) for employees of Brazos County who have previously withdrawn their deposits from the Retirement System and have returned to work for Brazos County. The Court next heard from Sheriff Ron Miller who gave an accounting of the savings to the County by using inmate labor for litter, cleanup and actual road work. Commissioner Sims asked how the inmates were compensated for their labor. The Sheriff replied that they are given three (3) days credit for Commissioners' Court meeting October 7, 1992 one (1) day served on their sentence. It was the consensus of the Court to table consideration on the variance request for right-of-way width on the final plat of Woodlake Subdivision in Precinct 1. The Court next considered the request by Ferguson Crossing Pipeline Company to install a 6" steel gas gathering line and a 4" suction line within the right-of-way of Britten Road in Precinct 4. The County Engineer stated that this had been tabled previously but that all appeared to be in order now and recommended approval. On motion by Commissioner Turner, seconded by Commissioner Sims, the Court voted unanimously to approve the request of Ferguson Crossing Pipeline Company and authorized the installation. A copy of the request is attached hereto. The Court next considered the request by GTE Southwest to install a buried cable within the right-of-way of Silver Hill Road approximately 1.0 miles southwest of the intersection at State Highway 21 and continuing to the intersection of Goodsen Bend Road in Precinct 4. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Turner, seconded by Commissioner Norton, the Court voted unanimously to approve the request of GTE Southwest 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 Neeb, Cindy Juvenile Serv. Resignation Heyman, Diana District Attorney Resignation Kehlenbrink, Dawn District Attorney New Employee McDaniel, Glynis District Attorney Salary Change Lock, James District Attorney Salary Change Davis, Kyle District Attorney Salary Change Howell, Douglas District Attorney Salary Change Lalk, Margaret District Attorney Salary Change Tanner, Lisa District Attorney Salary Change Gustitis, Stephen District Attorney Salary Change Hildebrand, Nancy District Attorney Salary Change McLeod, Ruth County Judge Salary Change on motion by Commissioner Norton, seconded by Commissioner 2 L_ Commissioners' Court meeting October 7, 1992 Sims, 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-19300-thru-19564- 20 Road & Bridge Claims-19683-thru-19745- 22 Road & Bridge II----------- Claims-19565-thru-19569- 30 Capital Projects & Improvements: Proposition I-------- Claims-19570-thru-19572- 40 Law Library----------------Claims- 9573-thru-19575- 54 Health Department Claims-19595-thru-19620- 60 Payroll Claims-19621-thru-19636- 61 Health & Life Ins---------- Claims-19637-thru-19638- 90 Brazos County Grants Claims-19639-thru-19679- 97 Narc. Traf. Task Force Claims-19680-thru-19682- On motion by Commissioner Turner, seconded by Commis- sioner Norton, the Court voted unanimously to approve the Claims as submitted. At 10:22 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 as allowed under Section (6252-17(2)(g) Vernon's Texas Civil Statutes. At 10:47 a.m. the County Judge announced the meeting open to the public. On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to approve the request of the Sheriff to move the captain's position from the jail division to the field deputy division. i There being no further business to come before the Court, the meeting was adjourned. moo' s~ {r` o vsJ 03--- . The foregoing minutes have been examined and approved in open Court this the MdO- day of 193 , in Bryan, Brazos County, Texas. '10f35ENT R. J. Holmgreen Cary N on County Judge Commi oner, Precinct 1 r Walter Wilcox Commissioner, Precinct 2 , Milton Tur er Mary nn Ward Commissioner, Precinct 4 County Clerk S s andy Commis loner Precinct 3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1991 BUDGET YEAR NO. 91-027 On this the 7th day of October 1991 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; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on October 7, 1991, the Court heard and approved a budget amendment for the 1991 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 October 1, 1990, the following amendment(s) to the original are hereby authorized, as described on the attached 1 page(s). ADOPTED AND APPROVED this the 7th day of October 1991 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 V01_ PArE 3ra3 1 n (II ..a ' IJ Budget Amend. No. 91-027: 10-07-91 i, i , DEPT ACCOUNT # ACCOUNT NAME INCREASE (DECREASE) REASON - _ 272nd 10-17-5515 Visiting Court Reporter (280) Reallocate Dist. Crt. 10-17-6215 Computer Software 280 funds W " NO INC. TO DEPT BUDGET I O Data 10-27-5419 Repair Computer Equip. 300 Transfer Processing 10-27-0215 Computer Software 275 from ND i "INC. TO DEPT. BUDGET - $57~..+' I Const. 10-55-5411 Repair/Maint. Equipment 200 Transfer Pct. 4 10-55-5413 Repair/Maint. Vehicles 2,000 from ND ' `INC. TO DEPT. BUDGET Non Depart 10-14-5672 Uncollecteble Taxes (2,775) Transfer mental to DP & ' `DEC. TO DEPT. BUDGET tM778} " Con. Pct.4 NO INC. TO G6 BUDGET . 40 Health 61-00-4760 Revenue (29,775) Increase Ins. 61-90-5872 Claims 29,775 expend. INC. TO FUND BUDGET j28,'175,,? . STATE OF TEXAS COUNTY OFBRAZOS This agreement is made between BRAZOS COUNTY, TEXAS, hereinafter called Lessor, and BRAZO§ r VALLEY ART LEAGUE; hereinafter called Lessee is as follows: Lessor, the Owner of the Brazos Center, a multi-use building and the adjacent grounds has agreed and does hereby agree, to lease and demise unto Lessee, a portion of the Brazos Center, hereinafter described, upon the following terms and conditions. 1. Lessee shall be entitled to the space allocated to it by the Director of the Center for a term beginning October 1, 19911 and ending September 30, 1992 The space allocated to Lessee is described in Attachment 'A' hereto, which has been signed by the Director of the Center. 2. A. In consideration therefore, Lessee agrees to pay the Lessor on the first day of each calendar month during the term hereof, in advance, the sum of $50 representing the agreed monthly rental for use of such space as herein set forth. B. In addition Lessee has permission to use Concourse and other space needed which has been schedule with Brazos Center agreement for three art shows per year. Two shows, the Juried Art Show as well as the Nature in Art Show are to.., be the responsibility of Lessee. At least one other show, the youth art Show, has permission to use similar space scheduled with Brazos Center agreement if Lessee has agreed to serve as prime consultants. 3. Lessee agrees to arrange and hang work of local artists on a continual basis In Showcase III. Artists works chosen to be spotlighted are the sole responsibility of Lessee. At least ten artists per year will be featured. 4. Lessor shall furnish all utilities, including gas, water and electricity. 5. Lessee will pay the regular User fees for space used by It, other than space allocated to it under this agreement. 6. Lessor does not provide and will not provide furnishings, custodial care, or maintenance of the space allocated to Lessee under this agreement. 7. L-iisaee shell take good Care of thb 60606 allocated to it, reasonable weer and tear only excepted, and shall surrender the premises at the termination of this agreement. 8 Lessee agrees that no Improvements to or alterations to the space shall be made I without the consent of Lessor In writing. i , 9. Risk of loss of all property owned by Lessee shall remain with Lessee, It being understood that Lessor will maintain no insurance on such property. Any insurance desired by Lessee on Lessee's property shall be purchased by Lessee at its expense. 10. Lessor shall not be liable to Lessee or the Lessee's employees for any damage to person or property caused by the negligent act of Lessor, its agent, servants,or employees or due to the act of any other tenant in the building, or due to any defect or want of repair in any part of the building of which the allocated space forms a part. 11. Lessee agrees to hold Lessor harmless from any and all claims, damages, expenses, including attorney's fees, growing out of or arising from any negligent act on the part of Lessee, its agent, servants or employees. 12. No sign shall be placed at, on, or about the premises by Lessee except with the approval of the Center Director in writing. IN TESTIMONY WHEREOF, the parties to this agreement have herounto set their hands in duplicate, the day and year written below. 1 1 BRAZOS COUNTY, TEXAS It. J. OLMGREEN, B AZOS COUNTY JUDGE LESSOR DATE BRAZOS VALLEY ART LEAGUE t~ _-Q A- PRESIDENT, BRAZOS V EY ART LEAGUE LESSEE Zi r DATE 1 Vr V' r A + ' r ~ O~ 01 a STORAGE HALL u n.J STORAGE SERVERY jMfTdl IGTO*)o AEN 110181 ANN OADOO w ~ i ' STORAGE RECEPAN RA1P STORAGE JyL- Q 108 106 104 a M 9 S U Studio s Studio II Studio I 3 F PLATFORM j III a V ASSEMBLY I 2 ASSEMBLY II STAGE y Ea S CORROOR 1 }j 105 CLASSROOM _ a lu A C a OFYKE - CLAS SROOM o CT CLUE B s 102 S s M U S E U H OFFICE RECEPTION Y DISPLAY A1lV as Y DIS 0 cc A- N j q- PP CONCOURSE OWILM CONCa1lS[ • OtwoLm f 74. VESTy1lj SA.E ENTRY VESTOXE jAN ST E F"am JJ RAF T .CONOF TIOKf SAYS MEN WOMEN ~ MEN -T- WOMEN ~ Y SA STORAGE STORAGE N co i o 4 ~ i tf, ~Ir ,k ij 6' 1 THE STATE OF TEXAS § COUNTY OF BRAZOS § This Agreement, made and entered into this day of 'IQ kl~ 6C_A06k-X.. , 19(L, by and between the County of Brazos, a body politic (hereinafter 'referred to as "COUNTY"), the City of College Station, a municipal corporation (hereinafter referred to as "COLLEGE STATION"), the City of Bryan, a municipal corporation (hereinafter referred to as "BRYAN"), and the Brazos Animal Shelter, Inc., a Texas non-profit corporation (hereinafter referred to as "CORPORATION"). WITNESSETH: WHEREAS, Tex. Rev. Civ. Stat. Ann. art. 4413(32c), et seq., authorizes agreements of this nature; and WHEREAS, it would be in the best interest of all of the above referenced parties to participate in the organization, administration and common use of a central animal shelter (the "Animal Shelter"); and WHEREAS, BRYAN presently has land and a building which is particularly described in the exhibit to the Lease Agreement, attached hereto and made a part hereof and referenced to as Exhibit "A", which BRYAN is willing to continue leasing to CORPO- RATION as a portion of the contribution of BRYAN to the continuation of this agreement; and WHEREAS, it is the intent of the parties hereto that CORPO- RATION will be responsible for the operation, maintenance and administration of the Animal Shelter and the governing bodies i ....tee.... _.,r.~...-. -r I which are parties hereto desire to enter into this intergovern- mental agreement for the purpose of defining the manner in which each and all of the parties will participate in the operation, maintenance and administration of the Animal Shelter; WHEREAS, the parties hereto declare that the agreement shall consist of the following; NOW THEREFORE, premises considered, the parties hereby agree as follows: . 1. GENERAL PROVISIONS. CORPORATION shall lease from BRYAN, pursuant to the Lease Agreement attached hereto as Exhibit "A", and made a part hereof for all purposes, the land and build- ing described in the exhibit to the Lease Agreement for the pur- pose of administering, maintaining and operating the Animal Shelter on the premises so leased, and shall operate, maintain and administer the Animal Shelter as provided herein. CORPORA- TION agrees to hold harmless and indemnify COUNTY, COLLEGE STATION and BRYAN from any and all causes of action of whatsoever nature or kind that may arise as a result of the performance and or fulfillment of this Agreement by CORPORATION. CORPORATION shall defend and bear the costs of defense of COUNTY, COLLEGE STATION and BRYAN, to include reasonably attorneys fees and costs of court, for any cause whatsoever asserted by third parties or employees of CORPORATION. 2. POWERS OF THE CORPORATION. The parties hereto agree that CORPORATION shall be empowered with the authority and on its own behalf or pursuant to a written contract'with third parties, to: 2 1 i I MM, ~j VIP MV f 2, 4 %'*ren.a."W r% fr / 1 t b, (a) Improve, maintain, repair, control, regulate, adminis- ter and operate the Animal Shelter as a complete animal shelter for the use and benefit of the parties to this agreement. (b) Retain in custody, on a temporary basis, animals taken into possession by the respective governing bodies. As used herein the term "animals" shall include, but is not limited to dogs,'cats, cattle, sheep, goats, horses and other domestic or wild animals of any kind or description. (c) Establish a spay/neuter program for the purpose of neutering all dogs and cats which are to be adopted. (d) Contract and purchase all reasonably necessary sup- plies, equipment, materials and services, including professional services, and further to hire and dis- charge employees and service organizations deemed reasonably necessary to operate the Animal Shelter. (e) Charge fees for the use of the Animal Shelter which shall be established by Corporation and which shall be uniform. To evidence the agreement of the parties hereto in connec- tion with the foregoing, the parties hereto hereby agree to exe- cute the Agreement for Animal Shelter Service which is attached hereto as Exhibit "B" and made a part hereof for all purposes. 3. CONTRIBUTION TO OPERATING COSTS. The annual operating costs of the Animal Shelter shall be funded to CORPORATION by the respective parties hereto according to and in the respective - 3 - L w amounts as set forth on Exhibit "D" which is attached hereto and made a part hereof for all purposes. The parties agree to appropriate and make available to COR- PORATION out of current funds one-twelfth (1/2) of the operating and maintenance amounts as set forth in Exhibit "C" by the fifteenth (15th) day of each month of the fiscal year (October 1 through September 30) during which said monies are to be expended by CORPORATION, and make available all approved capital improve- ment funds by October 31st of the fiscal year. 4. REAL PROPERTY. The parties hereto agree, consent and approve the lease of property by CORPORATION from BRYAN for the • Animal Shelter in accordance with Exhibit "A". j 5. CAPITAL IMPROVEMENT FUND. CORPORATION may establish a capital improvement fund with surplus revenues generated by oper- ation of the Animal Shelter. The uses to which said fund may be put include, but are not limited to replacement of capital equip- ment, procurement of new capital equipment and expansion of the Animal Shelter. 6. CONTINGENCY FUND ESTABLISHED. CORPORATION shall estab- lish a contingency fund which shall not exceed seven percent (7%) of the preceding year's actual expenditures. The money for said fund shall be generated from impoundment fees, boarding fees, and other incidental sources of revenue. Said contingency fund shall be used to defray the costs of unanticipated operating expenses. 4 t' =fir--- 1 7„ BUDGET. Each year, CORPORATION shall prepare a budget and submit said budget to the governing bodies of the parties hereto for approval. Said budget shall be submitted by May 31st of each year that this Agreement is in effect. The budget shall contain detailed estimates of the operating costs of the subsequent year. The parties hereto agree to fund the approved budget based upon the formula contained in Exhibit "C" of this Agreement or upon such other basis as may be from time to time determined by the parties hereto. 8 FUNDS AND OPERATIONS. CORPORATION agrees that the various monies paid to the Animal Shelter by the parties hereto, and any monies generated by the Animal Shelter itself, shall be placed into CORPORATION's accounts and any expenses incurred by reason of operation of the Animal Shelter shall be paid from such accounts. All monies belonging to CORPORATION or designated for use by CORPORATION shall be deposited in the name and to the credit of CORPORATION with such depositories as CORPORATION shall from time to time designate. CORPORATION agrees that no disbursements shall be made from the funds of the Animal Shelter except by check, or unless a verified claim for services or commodities actually rendered or delivered has been first submitted and approved for payment by CORPORATION, said approval being evidenced by the written approval of the directors of CORPORATION. 5 ~ r j.I C 1 1 i • i • CORPORATION agrees it shall not borrow money nor shall it approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash in the appropriate fund, credited to CORPORATION, with which to pay the same. In the event revenues are realized by CORPORATION which are deemed to be surplus by the directors of CORPORATION then such surplus revenues shall be paid to the respective parties hereto , in the same ratio that said parties are required to contribute to the CORPORATION for maintenance, operation and administration of the Animal Shelter. 9. BOOKS AND RECORDS. CORPORATION shall maintain or cause to be maintained adequate and correct accounts of its funds, properties and business transactions, which accounts shall be open to inspection at any reasonable time by the parties hereto, their attorneys, or their agents. CORPORATION shall cause to be conducted an annual audit, which audit shall be conducted by an independent certified public accountant, registered accountant, or partnership or certified public accountant, registered accoun- tants licensed to practice in the State of Texas. CORPORATION shall file a copy of said audit with the governing bodies of the respective parties hereto. 10. REPORTS. Within ninety (90) days after the end of each fiscal year, CORPORATION shall prepare and present to the respec- tive City Councils and County Commissioners, a Comprehensive Annual Report of CORPORATION's activities and finances during the preceding year. - 6 - . - - - . - 1 'or CORPORATION shall also prepare and present such reports as may be required by law, regulation or contract to any authorized federal or state officials or to whom such report is required to be made in the course and operation of the Animal Shelter. CORPORATION shall also render to the parties hereto, at reasonable intervals, such reports and accountings as the parties hereto may from time to time request. 11, DEFAULT IN PERFORMANCE. In the event any party hereto fails to pay its share of the capital or operating costs then due, or to perform any of its covenants and undertakings under this agreement, CORPORATION shall cause written notice to be given to such defaulting party, of its intention to terminate said agreement as to such party in default, unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said default within said thirty (30) day period, the member of CORPORATION representing such party in default shall thereafter have no voting rights as a member of CORPORATION at any annual, regular or special meetings thereof, nor be entitled to representation in connection with or before CORPORATION, and said defaulting party shall thereafter be denied service by the Animal Shelter. This article is not intended to limit the right of any party to this agreement to pursue any or all other remedies it may have for breach of this agreement. 12. TERMINATION OF AGREEMENT. (a) This agreement shall be in full force and effect for a term of one (1) year from the date of the execution of this agreement, and shall automatically renew -7- Ali- a L__.. - 7 - 1 i annually unless ninety (90) days' written notice is provided by any of the parties hereto. (b) Upon termination by mutual agreement of a majority of the parties to this agreement, the powers granted to CORPORATION under this agreement shall continue to the extent necessary to make an orderly and effective disposition of the property and equipment used in connection with the Animal Shelter and all animals then remaining impounded at the Animal Shelter. (c) Except pursuant to a mutual agreement by all parties to this agreement in the event that any party hereto elects to ter- minate its participation in this agreement prior to the end of any period of this agreement, such party shall be considered in default of this agreement and accordingly shall forfeit its en- tire monetary contribution to CORPORATION. (d) Upon termination of this agreement by mutual agreement of a majority of the parties hereto, the leased premises described in Exhibit "A" together with any improvements thereon located shall revert to BRYAN. Any cost for liabilities incurred by CORPORATION prior to and in connection with the termination of this agreement as an expense of termination shall be borne by each party to the agreement in the same ratio as it is required { to contribute to the then current CORPORATION operating costs fund. 13. AMENDMENT. This agreement may be amended at any time by agreement of a majority of the parties to this agreement subject to the approval, if required, of the various governing II bodies. - S - a~ 1 i f 14, SEVERABILITY CLAUSE. If any provisions of this agree- ment or the application thereof to any party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the agreement which can be given effect with- out the invalid provision or application, and to this end the J. provisions of the agreement are declared to be severable. IN WITNESS WHEREOF, the parties hereunto have caused their respective names and seals to be affixed hereto, as of the day and year hereinabove set forth. ATTEST: County/ Clerk City Secretary APP ED S TO FORM: Ci Hey ATTEST: Cit cre ary APPROVED AS TO FORM: City Attorney BRAZOS COUNTY, TATE OF TEXAS County /Judge CITY OF COLLEGE STATION, STATE OF T r -.7 M CITY OF BRYAN, STATE OF TEXAS Mayo .!BST City Manager - 9 - 3ze t IN. r t ~i s BRAZOS ANIMAL S ELTER, INC. ) ATTEST: $ BY : ~ r7- Dir to V BY: Di t r BY: Dire or az s ;F ATTEST: a S e er, nc. P 10 ,r~ r- `a+ t f 64 I J EXHIBIT "A" ASE AGREEMENT At THE STATE OF TEXAS j COUNTY OF BRAZOS This lease and agreement by and between the City of Bryan. Texas, a municipal corporation, hereinafter called "Lessor', and Brazos Animal Shelter, Inc., a non-profit Texas Corporation, hereinafter called "Lessee' WPINESSETH: WHEREAS, Lessor and the City of College Station and Brazos County, Texas are authorized to enter Intergovernmental Agreements pursuant to VACS, Art. 441302) et seq. and VACS., Art. 4434; and WHEREAS, in connection with an Intergovernmental Agreement by and between Lessor, the City of College Station and Brazos County, Texas, Lessor has agreed to provide a site for Lessee's animal shelter NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: Lessor, for and in consideration of the benefits to be derived by the citizens of the City of Bryan, the sum of One Dollar ($1.00) and the rental terms and conditions set forth below, does lease to Lessee the surface estate of that certain tract or parcel of land in the City of Bryan, Brazos County, Texas, described on Exhibit "A" which is attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the surface estate of said property, hereinafter called "premises so long as this lease agreement remains in effect, subject, however to the following conditions, to-wit: li r~ t1 H This lease shall be for a period of ten (10) years beginning July 1, 1991, and ending June 30, 2001. Lessee shall give Lessor written notice at least ninety (90) days prior to expiration of the term of the ]case agreement of its intention to seek a renewal of this lease agreement for a successive term of ten (10) years. PART 2. DUTIES OF LESSEE Lessee agrees to do the following at its own cost and expense: 1. Construct, operate, maintain and administer an animal shelter upon the prerruses. 2. Conform to all applicable ordinances, regulations, orders and laws with respect to the construction, operation, maintenance and administration of such animal shelter. Lessee agrees to use the premises in connection with the construction, operation, maintenance and administration of an animal shelter upon the premises for the use and benefit of the public of the Cities of Bryan and College Station and Brazos County, Texas and for no other purpose. PART 4. SUB3EECT TO EXISTING OBLIGATIONS AND CONDITIONS This lease agreement is made and accepted subject to all outstanding covenants, restrictions, easements, obligations, reservations, ordinances and conditions in effect and which affect the premises. Lessee shall not assign or sublet its interests or rights under this lease agreement without the prior written consent of the Lessor. VOL--~--P e 5 ' PART 6. HOLD HARMLESS Lessee agrees to be responsible for and to indemnify, defend and hold harmless the Lessor, its officers, agents and employees. from all loss or damages and any or all claims, suits and actions of any kind or description, arising by reason of accidents, injuries or damages to persons or property, caused by or resulting from acts or omissions of the Lessee, its agents and employees, arising out of or resulting from the use of said premises or from any failure of Lessee to perform its obligations under this lease agreement. PART 7. TERMINATION Either party to this lease agreement may terminate this lease agreement upon default by the other party. EXECUTED this the day of -I v 1991. ATTEST: LESSOR - CITY OF BRYAN w Mary Lynne allo , City Secretarf Margin Tate, Mayor APPROVED AS TO FORM: Robert D. Andron, City Attorney APPROVED AS TO SUBSTANCE Ernest R. Clark, City Manager LESSEE - BRAZOS ANIMAL SHELTER, INC. d By irector By Di r By Aler-1 . Director r I ~ r, u EXHIBIT "A" to LEASE AGREEMENT • j~ ftwo i Being a parcel of land lying and being situated in the Zeno Phillips League, Brazos County, Texas and being that tract of land conveyed to the City of Bryan, Texas by Joseph S. Wright by deed dated May 8, 1958 and recorded in Volume 189, page 141, Brazos County Deed Records, and being more particularly described as follows: BEGINNING at a point in this west right-of-way line of Finfeather Road; said corner being the east corner of a tract of land now or formerly owned by Useable Space and Storage Ltd.; THENCE southeasterly along the west right-of-way line of Finfeather Road for a distance of 176 feet, more or less, to a point for corner; THENCE S. 44' 00' W. with the common boundary of a tract of land now or-formerly owned by Bobby Holiday a distance of 530 feet, more or less, to a point for corner; THENCE N 44' 03' W. a distance of 150 feet, more or less, to a point for a corner; THENCE N. 44' 00' E. with the common boundary of said tract of land now or formerly owned by Useable Space and Storage Ltd., a distance of 618.8 feet, more or less. to a point, said point being the PLACE OF BEGINNING and containing 1.98 acres of land, pore or less. • VOL__ r A EXHIBIT "B" HE STATE OF TEXAS § COUNTY OF BRAZOS § This agreement made and entered into as of the ao)^4 day of r c4 c _ i tom , 19 `t k , by and between the COUNTY OF BRAZOS, a body politic, the CITY OF COLLEGE STATION, a municipal corporation, the CITY OF BRYAN, a municipal corporation, (here- inafter collectively referred to as "AGENCIES") and the BRAZOS ANIMAL SHELTER, INC., a Texas non-profit corporation having its principal place of business in Brazos County, Texas (hereinafter referred to as the "ANIMAL SHELTER"). WITNESSETH: WHEREAS, Tex. Rev. Civ. Stat. Ann. art. 4413(32c), et seq., authorizes agreements of this nature; and WHEREAS, there is no adequate public animal shelter within Brazos County other than the ANIMAL SHELTER; and WHEREAS, the ANIMAL SHELTER proposes to operate, maintain and administer an animal shelter for the purpose of sheltering lost, unwanted, sick and injured animals until humanely disposed of in accordance with applicable ordinances and the humane principles of the ANIMAL SHELTER; NOW, THEREFORE, the parties hereto agree to the utilization of the ANIMAL SHELTER to be operated by the ANIMAL SHELTER as the place of impoundment fot all animal seized and/or surrendered in 1 P accordance with the provisions of applicable ordinances, orders and laws under the following conditions: 1. The AGENCIES agree that they are fully responsible under the provisions of their respective ordinances, orders and laws for carrying out all enforcement provisions within their respective jurisdictions and that the ANIMAL SHELTER shall not be required to apprehend and seize any animals found running at large. 2. The AGENCIES agree that all animals seized within their respective jurisdictions by their duly appointed agents, shall be delivered to the above-described ANIMAL SHELTER, there to be im- pounded under the exclusive control and custody of the ANIMAL SHELTER for periods of time as required by State law and the applicable ordinances and orders except as hereinafter set forth. 3. The AGENCIES agree to pay to the ANIMAL SHELTER the fees for animals received from within the respective AGENCIES' jurisdictional limits in the amounts and as set forth on Exhibit "C" which is attached hereto and made a part hereof for all purposes. 4. The ANIMAL SHELTER covenants and promises that funds paid to it by the CITY OF COLLEGE STATION shall not be utilized for services provided to the CITY OF BRYAN or BRAZOS COUNTY. 5. Each of the AGENCIES represent to the ANIMAL SHELTER that it has in force ordinances or orders providing for the vaccination and licensing of animals under appropriate circum- stances, providing for impounding of animals running at large, and providing for the condemnation or sale of animals, and that -2.. P, if k, i ~f ~I I i ~f i a while this contract is in effect, such ordinances or orders will be continued in force, provided, however, that such ordinances or orders may be modified from time to time as such AGENCIES deem appropriate. The AGENCIES agree that to the extent that they have power so to provide, every animal not claimed and redeemed by the owner before the expiration of three (3) days from the date of impoundment shall become the sole and exclusive property of the ANIMAL SHELTER, so tnat neither the AGENCIES nor any agency nor agent of the AGENCIES, nor of the State of Texas, nor any institution, corporation nor individual shall have any claim or right to any animal not claimed and redeemed. The AGENCIES agree, that the ANIMAL SHELTER shall have the undisputed right, consistent with the respective ordinances and orders of the AGENCIES, to humanely dispose of every animal given into its custody in accordance with the ANIMAL SHELTER's principles as follows: a. To place animals in the care, custody and control of new owners; and b. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care, custody and control of new owners. 6. The ANIMAL SHELTER agrees that all financial statements and reports shall be submitted in a form approved by the AGENCIES. 7. The ANIMAL SHELTER agrees to accept each and every animal delivered to its animal shelter located in Brazos County, Texas, by the agents of the AGENCIES and to provide each and r. B `=Gar. - ~ la..rse , r _ u - _ . _ z..^..• rz~-r .-,xvss-xu~x_ ~yx c. _+r • - _ - , . - V 1. 1 • every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the ANIMAL SHELTER provides for all other animals which may come into its care, custody and control. 8. The ANIMAL SHELTER agrees that it will keep its animal shelter open to the public for not less than three (3) hours per day on weekdays, and not less than three (3) hours on Saturday (except holidays), for the purpose of giving owners ample oppor- tunity to redeem their impounded animals. 9. The ANIMAL SHELTER agrees that it shall require every owner seeking to redeem an Lmpounded animal to pay the then current impoundment fee together with the cost of board at the then current rate for the animal so impounded. Further, the ANIMAL SHELTER shall require the owner of every impounded animal to pay all applicable fees including registration and vaccination fees of an impounded animal which has not been inoculated and licensed as appropriate. 10. The ANIMAL SHELTER agrees, in accordance with Paragraph 5 of this agreement, that if the owner of an impounded animal shall claim the animal prior to the ANIMAL SHELTER disposing of the animal under (a) or (b) of that paragraph, the ANIMAL SHELTER shall collect from the owner the total impoundment, boarding and registration fees due. 11. The ANIMAL SHELTER agrees to collect all impounding, boarding and registration fees from animal owners which are payable under this contract and/or existing ordinances or orders or any amendments thereto of the AGENCIES. And further, that the s r k `i 1 I ANIMAL SHELTER will submit to the AGENCIES on a monthly basis a statement of all such fees collected during the next preceding nth. 12. The ANIMAL SHELTER agrees to provide to the AGENCIES on or before the 30th day of each month during the term of this contract a statement of its revenues and disbursements from all sources for the preceding month. Further, the ANIMAL SHELTER agrees to provide the AGENCIES with a monthly record categorized by the AGENCIES' respective jurisdictions to include the following: a. The number of dogs, cats and miscellaneous animals received by the ANIMAL SHELTER. b. The number of animals euthanized. C. The number of animals in rabies observation. d. The number of impoundments. e. The number of adoptions. i The AGENCIES reserve the right to require a complete audit of the records of the ANIMAL SHELTER at any time deemed necessary by such AGENCIES. 13. It is mutually agreed that any and all donations, con- tributions or any other thing of value given to the ANIMAL SHEL- TER or its agents, as a result of any service performed in carry- ing out the provisions of this contract, and which is in excess of the amounts properly,chargeable for such service shall be d credited to the operating and maintenance account of the ANIMAL I SHELTER, and that in the event such donation or contribution I exceeds the amounts required to operate and maintain the ANIMAL "rc=,.. _ a.f r.. r._ . t....•i..•9c-:u,~..ss..rC1►1-'-..•+1 •..i: 11?1~'A': r'. .ir t SHELTER then such donations or contributions shall be deposited in the capital improvements account of the ANIMAL SHELTER. It is further agreed that any and all restricted donations and contri- butions be used in the requested manner and accounted for separately. 14. It is mutually agreed that t 14. It is mutually provide facilities for rabies observation for at least six (6) dogs and eight (8) cats. Animal's delivered to the ANIMAL SHELTER • by the AGENCIES for rabies observation shall be isolated for a period of not less than ten (10) days or sent for rabies testing when deemed appropriate under state law. The ANIMAL SHELTER shall be responsible for the processing, storage and delivery for testing of animal carcasses delivered to the ANIMAL SHELTER for rabies testing. 15. It is mutually agreed that the ANIMAL SHELTER shall have the sole and exclusive right to determine the responsibility of persons offering to become the owners of unclaimed animals and the suitability of homes offered, and the ANIMAL SHELTER shall have the sole and exclusive right to accept or reject such appli- cants for unclaimed animals. 16. It is mutually agreed that the ANIMAL SHELTER shall • have the right but not the obligation to contract with third parties on terms and conditions that the ANIMAL SHELTER, in its ` sole discretion deems advisable for the operation, maintenance, repair and/or administration of all or a portion of the ANIMAL SHELTER or any of the services authorized to be provided by the ANIMAL SHELTER as herein set forth. In the event that the ANIMAL ~i I 6 - a r • . m . r .f •a!`{~w. s Y. Iil4~[~ S t l lk , SHELTER elects to contract with third parties pursuant to this Paragraph then the ANIMAL SHELTER shall require good and suffi- cient indemnification of the AGENCIES and the ANIMAL SHELTER by such third parties and agreement by such third parties to hold the ANIMAL SHELTER and the AGENCIES harmless from any and all costs of every kind and nature arising out of or resulting from any claim, cause of action, suit or judgment arising out of or in connection with any work or services performed by such third parties including, without limitation, the officers, agents and employees of such third parties. 17. It is mutually agreed that neither party to this con- tract shall be bound by any conditions not expressly stated in this agreement. Further, it is mutually agreed that in all cases of conflict between this contract and the respective ordinances and orders of the AGENCIES, the ordinances and orders shall prevail. 18. It is agreed that all of the terms of this contract shall remain in full force and effect until amended, superseded by a new agreement, or cancelled by either party as herein pro- vided, and shall not be terminated by either party without writ- ten notice having first been served at least ninety (90)' days prior to the date of termination by the party desiring to termi- nate this contract. 19. It is mutually agreed that any amendments made to this contract upon being agreed to and signed by both parties shall become part of this contract. - 7 - Il.t ,w .Z' 20. It is mutually agreed that this contract revokes all former agreements for impounding animals, written and oral, entered into by the parties. IN WITNESS WHEREOF, the said AGENCIES and the said ANIMAL SHELTER have hereunto caused their respective corporate names and seals to be hereunto subscribed and affixed by their respective officers first thereunto duly authorized as of the date herein- above first written. ATTEST:. BRAZOS COUNTY, STATE OF TEXAS APPROVED AS TO FORM: County Attorney ATTEST: ty secretary PFtgx,ED • AS.' TO FORM: TO FORM: CITY OF COLLEGE STATION, STATE OF TEX CITTYYj OF BRYAN, STATE OF TEXAS Mayor I~ II •I i I! 1 i • ; ~ •+~vrsw~n.fis~T'~' ~ Y'gfi^~'gAp•S~n,.,r.c•. y-. - - . r; ATTEST: MAA. t I ATTEST: S' s ni I 0 i BRAZOS ANIMAL BY: for Director BY: C Inc. , INC. 1 N. EXHIBIT "C" Contributions to operating Costs lO&Ml The County of Brazos, City of College Station and City of Bryan shall bear all O & M costs after reduction for all revenue or other income received by the CORPORATION. Upon and after an O & M budget is determined and adopted, the ratio of the respective contribution by the County of Brazos, City of College Station and City of Bryan to the whole O & M budget shall be based upon the number of "animal-days" (herein- after defined) attributable.to the respective agencies and calcu- lated in accordance with the following example. Animal-days are the sum of the number of animals originating from the respective agencies' jurisdiction or the owners of which animals reside in the respective agencies' jurisdiction times the number of calendar days such animals are retained at the animal shelter. The figures below are taken from a previous budget as an example. Projected Budget $218,176 Projected Revenue (In house) 120,937 Government Support Fees use basis) $ 97,239 Government Percent age Use Established by previous years Animal Days , Bryan 8328 Animal Days 55.5% $53,156 College Station 4435 Animal Days 29.6% $28,920 Brazos 2241 Animal Days 14.9% $15,163 Total 1,5004 Animal Days 100% $97,239 In this example, the Shelter Revenues support fifty-five percent (55%) of the Budget and Government support of forty-five percent (45%) of the budget directly. If after offset of all revenue and other income received by the CORPORATION there remains a deficit at the end of any calen- dar quarter, an assessment would be made against each of the respective agencies in the ratio the respective agencies usage of the animal shelter bears to the aggregate of the animal shelter's usage. +v-r.-~.n~'1~r.sl.r f ♦ t~h. • . ~~I~~~}~~~:~°)~ e t ~4 ~ . - ~ - r - NOTICE OF PROPOSED INSTALLATION IN COUNTY RICHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS • BRAZOS COUNTY COURTHOUSE BRYAN,'TEXAS 77803 FROM REi Type Installation, Road, Precinct Ferguson Crossing Pipe Line co..:.Croesing , Parallel Install. P.O. Drawer 380 Road! 77v/V Alx4n fTQS~ Lyons, Texas 77863 Precinct No.: Formal notice is hereby given thatppl;cant) flR~KScs~!~ri~F~ (i. proposes to place s (type) 6 " Q 6%W.9 E;~ F~ri.~i i✓-c ¢73?lcTi%AJ LOVJL pipeline within the right-of-way of Road in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by three copies of the drawings attached to this notice. Opplicant) , understand and agree that: 1. The County Engineer must be notified prior to the beginning of construction in order that they might be on hand to designate the actual location of the 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 to in no way responsible for any damage that 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 lose than forty-eight inches (48") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. That all roads be bored to forty feet (40') on either side of the centerline of the right-of-way or cased for such distance. 8. That all sites will be barracaded during construction period.. 9. That the normal charge is $500 per croseiug and/or $40 per rod when paralleling the roadway established by the Commissioners' Court on January 28, 1985. Construction of this line will begin on or after (date) 9 l8 - APPROVED BY COMISSIONERS' COURT (Applicant) date approved) Brazos ounty Judge Comp y en tive Brazos County, Texas Tel ph a No. _ low O8~ tyONs O~, ' :Q r i~ 5 J~ UTF~ IZ, C'n ow OS -~8-9i G, 3 3 _ VOL • tt LEAYE•R.ON/ ?TON RoA,o ~?.O w r____- fit • t.__ 1 • ~ ti 15 I` pt 1 ` 074 fl R~2O.N i I• .!I I a~ I n a PLAT SHOWING PROPOSED-:: FERGUSON CROSSING PIPELINE CO. 6.PIP&LINE INSIDE. • : BR.ITTON ROAD R. O. W. BRAZOS l .000NTY,:TEXQS.. -U I•.. ''.il:''.. - .w wwwwf~fA 1YRC1 M1C' M . I `Y 77. . ; ` f . .'r:'r~. Wit` Mc 600647 M135 (REV.148) ® GTE Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION DATE Sept. 16, 1991 TO THE COMMISSIONER'S COURT OF ATTENTION COUNTY JUDGE: BRAZOS COUNTY Formal notice is hereby given that GTE SOUTHWEST INCORPORATED will construct a communication line within the right-of-way of a County Road in ARAMs County, TFXAC as follows: Approximately one mile S. W. of the Intersection of S.H. 21 and Silverhill Road, we will place a buried line in the S. E. R.O.W. of Silverhill Road, along, parallel to, and 5' inside of R.O.W., a distance of 4,100' to the intersection of Goodson Bend and Silver- Hill Road and at this point bore under Goodson Bend. The location and description of this line and associated appurtenances is more fully shown by 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 GTE Southwest Incorporated 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 GTE SOUTHWEST INCORPORATED October 19-11- By oz-, - Alan Colley Senior Engineer - OSP i Address P. 0. Box 3158 Bryan, Texas 77805 • 1 S A!' + i ~FA FGNGG ---Li. ~ ~ 1 i 3~ 4d DF 4-" rvG ~jDr Cvvw,7Y PERM I T YC 600666 EO.177(REV 1.861 .n" .So~~y CFNrRAL Southwest Ir" 1.aewrwM 06010 ry "TR~~.. p 1p~ own.1,1~1r GCc..onTer►a,~ 4-k-1 / 1 , ~ , ~-r FARvlsco r skew a► a ho 3 ydU / PS V i S .N. r r c~ i r I t ~ 1 ' r 1 q~ i 1 t ' ' r / f ~ os r i KtY TO OOUNTtES , C lM 1 !0 .rCi 1 A~ Q f~ 1 r / Q d %N a~ c)[rc1zc;S co ~r >r County Road Index >r Polnts of Interest ,r Rural Subdivislons ~ IIn1 1 . r r 0961 Mosw G"vma, Yu. OM4as low im Iwy V r « \ r « r r Iry d 1 NTOr so « au u pr/ MOWWMM. «awlow . O I101Y ap rr..... . 40" HI r urapol wi ►q y rpOr11OA1 Ii011/M... .00 /1 ►1/ira~ M ` r Ma l~glrrl r . .M q M r.rr tl M r~«Ir MI & «IraWM ►q «ft"Am"pI/Ip ►r wn «wr«r rapt p► N r 10VA ap . NI r tl Y N 'MM MADOM. « uaa ~~001«. w roulpl M now ` ■ rema7g1 ►q y « rrrawq H « IIAWIrP /Ob.... MI r rYUr.ow....... M "PA Go".. bf ; tl ~onl M N urar / 1 U6pa1 a0 .....►p 1 + p U6{SOi« IOYIO W / a r a r w1eOm WI /rrYr « A rrOpl up pLfll M r WOOI ■/OOr1 /M \ r romw , w «I~w«ruro.... . w/1 ~I «wowrwor... p►n r v Nrl ~q rrrm. Un2v