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HomeMy WebLinkAbout1992-02-24-1000AM-Special• • BRAZOS COUNTY J""T' BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, FEBRUARY 24, 1992, AT 10:00 A.M. IN THE 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 letter from Mr. Sam W. Russell in regard to fees and fines on county roads. 4. Consider and take action on Equipment Lease between Brazos County and City of Brenham. 5. Consider and take action on request for refund from Ferguson Crossing Pipe Line Company. 6. Consider and take action on personnel change of status. 7. Consider and take action on payment of claims. 8. Executive Session to discuss real estate 6252-17(2)(f). ' 9. Consider and take action on Executive Session. 10. Adjourn. 3 r ' 1 1 i w di , ~ ~ .wT 'f: ~-~•%1~..`'-G[:STS'^9Ti.~a'v-I~4T.bYSl9Y•Vr'1'~4ec~star~~sw~4+M~m~.: .s~~+v-+~~e. rn. _ . _ • r ~ ~ i COMMISSIONERS' COURT SPECIAL MEETING FEBRUARY 24, 1992 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, February 24, 1992, 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: Ruth McLeod Carol Palmer Rosalie Todaro Cheryl Turney A. H. Winder Winfred Pittman Anne Friedenberg Chris Schreiber Wm. S. Thornton C. B. Jones Executive Assistant Admin. Asst. to County Judge Auditor's Office Auditor's Office County Engineer Constable Pct. 7 KBTX-TV KBTX-TV Attorney Brazos County Resident Commissioner Sims gave the invocation and led the pledge of allegiance. The first matter for consideration by the Court was a letter from Mr. Sam W. Russell regarding fees and fines on County roads. Mr.Russell is seeking the refund of $13,029.60 for fines levied against his client the Scurlock Permian Corporation. On motion by Commissioner Norton, seconded by Commissioner Sims, the Court voted unanimously to deny the demand letter and not refund the money. The Court next considered entering into agreement with the City of Brenham for the rental of a Caterpillar Compactor for the County Landfill. The rental is necessitated due to the fact that the County compactor is beyond repair. The rental rate of $5,776.00 per month is the best rate quoted for such equipment. The compactor will be used at the County landfill until mid-June of this year at which time the land Y 1 V 1 ' Commissioners' Court meeting February 24, 1992 fill will be closed to the public. A copy of the agreement is • • • attached hereto. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the request of Ferguson Crossing Pipeline Company for a refund of $606.00. 6 The pipeline company had paid the C ounty $606.00 for authorization of install a pipeline within the right-of-way of Grassbur Road. The pipeline was installed on private property rather than in county right-of-way. The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Anastasi, Vince Brazos Center Resignation Spradlin, Michael Sheriff Office Resignation Allbritton, Linda Data Processing Resignation Dauzvardis, J. Brazos Center New Employee Sullivan, Mary Tax office 6 mon Increase Flores, Carlos Juvenile Serv. Lat. Transfer On motion by Commissioner Turner, seconded by Commissioner 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-03281-thru-03770- 20 Road & Bridge Claims-03933-thru-04052- 22 Road & Bridge II----------- Claims-03771-thru------- 25 Cap. Imp. Debt Service Claims-03772-thru-03774- 40 Law Library Claims-03775-thru-03778- 54 Health Department Claims-03817-thru-03834- 60 Payroll Claims-03835-thru-03850- 61 Health & Life Ins---------- Claims-03851-thru-03864- 72 Bail Bond Board Claims-03865-thru------- 90 Brazos County Grants Claims-03866-thru-03913- 97 Narc. Traf. Task Force Claims-03914-thru-03932- On motion by Commissioner Norton, seconded by Commis- sioner Wilcox, the Court voted unanimously to approve the Claims as submitted. At 10:07 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 10:20 a.m. the County Judge announced the meeting open i Commissioners' Court meeting February 24, 1992 to the public. On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to allow Keith D. Graham to lease the mineral rights on the Minimum Security Jail Property at the bid price. The bid is subject to negotiation for a well site. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to allow GSI to lease the mineral rights on the property located at the Brazos Center. There being no further business to come before the Court, the meeting was adjourned. . • • r'/ 2-1:~ '~2' R. J ' Ho green Co ty Judge Walter Wilcox Commissioner, Precinct 2 Milton Turner Commissioner, Precinct 4 k i The foregoing minutes have been examined and approved in open Court this thek day of 19_12f, in Bryan, Brazos County, Texas. Cary No 9n Commis~gfner, Precinct 1 Randy Sim Commissioner, Precinct 3 Mary Ann Ward County Clerk VOL---Y-PAGE Yl-'- f ' 1 CITY OF BRENHAM EQUIPMENT LEASE Equipment lease made,~J~,199,, between BRAZOS COUNTY, 2617 Highway 21 West, Bryan, County of Brazos, State of Texas, herein referred to as Lessee, and CITY OF BRENHAM, 210 N. Park Street, City of Brenham, County of Washington, State of Texas, herein referred t3 as Lessor. For the considerations set forth herein, Lessor hereby leases to Lessee and Lessee hires from Lessor the following equipment: Caterpillar Compactor Model 816B, Serial No. 15700206 hereafter referred to as the equipment, for a rental of $1,333 per calendar week, or part thereof, subject to the following terms and conditions: CARE OF EQUIPMENT Lease shall use the equipment in a careful and proper manner and shall comply with all laws, ordinances, and regulations relating to the equipment. All maintenance shall be performed by Lessee according to the recommended Caterpillar maintenance schedule, and Lessee shall monthly advise Lessor in writing the maintenance performed. All maintenance and repair is the responsibility of Lessee and must utilize Caterpillar- approved parts. OPERATION OF EQUIPMENT Lessee shall provide for the registration and licensing of any equipment wherever required, shall permit the equipment to be operated only by competent and qualified employees, and shall insure that the equipment is not subjected to careless or needless rough usage. IDENTIFICATION OF EQUIPMENT If at any time Lessor supplies Lessee with labels, plates, or other markings stating that the property is owned by Lessor, Lessee shall affix and keep the same in a prominent place on the property. Lessee shall not alter, disfigure, or cover up any marks of identification displayed on the equipment. ACCEPTANCE OF EQUIPMENT Lessee shall immediately inspect each item of equipment delivered pursuant to this lease, and shall notify Lessor in writing of any discrepancies between said item of equipment and the description, statement of condition, and valuation of said item of equipment. If Lessor receives no such written notice within five days after delivery of any item of equipment , Lessee will be conclusively presumed to have accepted the equipment as specified herein. Lessee shall be responsible for the pick-up and delivery cost of the equipment. RISK OF LOSS OR DAMAGE Lessee hereby assumes all risks of loss of and damage to the equipment from any cause, and agrees to return it to the Lessor in as good condition as when received, normal wear and tear excepted. No loss of or a VO L r , r • • C~ s, 2 amage to the equipment shall impair any obligation of Lessee under this lease, and all such obligations shall continue in full force and effect until otherwise discharged. INDEMNITY OF LESSOR FOR LOSS OR DAMAGE In event of loss of or damage to the equipment, Lessee at the option of Lessor shall: (a) Place the same in good repair. (b) Replace the same with like equipment in good repair, which equipment shall thereupon become the property of Lessor and subject to this lease; or (c) Pay Lessor therefore in cash the value of the equipment as determined by two independent appraisers engaged by each party subject to arbitration under the rules of commercial arbitration by the American Arbitration Association. LIABILITY AND INDEMNITY FOR PERSONAL INJURIES Liability for injury, disability, and death of workmen and other persons caused by the operation, handling, or transportation of the equipment during the rental period shall be assumed by Lessee, and Lessee shall indemnify Lessor against all such liability. LESSEE'S DUTY OF INSURANCE Lessee shall at all times keep the equipment insured in the amount of $100,000 for all such risks as Lessor shall require, and Lessee shall further maintain a personal liability insurance policy for the amount of at least Five Hundred Thousand Dollars ($500,000) with the proceeds payable to Lessee. TAXES AND FEES } Lessee shall pay all taxes, assessments, and license and registration fees on said equipment during-the term of the lease, and furnish to Lessor satisfactory proof that such payment has been made before such taxes, assessments, or fees become delinquent. EVENTS CONSTITUTING DEFAULT The following events constitutes default: i 4 (a) The nonpayment by Lessee for a period of five days of any sum required hereunder to be paid by Lessee. (b) The nonperformance by Lessee of any other covenant or condition of this lease which is not cured within five days after notice thereof from Lessor. E LESSOR'S RIGHTS UPON DEFAULT r l On the occurrence of any of the events defined as constituting defaults, Lessor may without notice to or demand on Lessee, take possession,of the equipment with the Lessee remaining responsible for'any f 3 /deficiency up to the date of repossession plus moving costs and repairs, if any. CHOICE OF LAW This lease shall be governed by and construed under the laws of the State of Texas performable in Washington County, Texas. STATUS OF EQUIPMENT The equipment hereunder is, and will at all times remain, personal property, notwithstanding that it or any part of it may now be, or hereafter become, in any manner attached to, or embedded in, or permanently resting on, real property or improvements thereon. OWNERSHIP OF EQUIPMENT Title to the equipment shall at all times remain in Lessor unless transferred to Lessee by sale and Lessee shall have only the right to retain the possession of said equipment pursuant to the conditions hereof. Lessee shall give Lessor immediate notice of any claim, levy, lien, or legal process issued against the equipment. LIMITATION OF EFFECTS OF WAIVERS No delay or omission to exercise any right power, or remedy accruing to Lessor on any breach or default by Lessor under this lease will impair any such right, power, or remedy of Lessor, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach of default be deemed a waiver of any other breach or default theretofore or thereafter occurring, Any waiver, permit, consent, or approval of any kind or character on the part of Lessor of any breach or default under this lease, or any waiver on the part of Lessor of any term, provisions, condition, or covenant of this lease, must be in writing, and will be effective only to the extent in such writing specifically set forth. All remedies, either under this lease or by law, or otherwise afforded to Lessor, will be cumulative and not alternative. ASSIGNMENT Lessee shall not assign this lease or any equipment lease herein, or any interest in said lease or equipment, without Lessor's written consent. Lessee shall not sublet the equipment herein, or any item of it, without Lessor's written consent. Lessor may assign this lease or any rights hereunder without Lessee's consent; but Lessor shall not because of the assignment be excused from performing any of its obligations and duties hereunder. SEVERABILITY This lease embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein or by other written agreement. If any provision herein is invalid it shall be considered deleted herefrom, and shall not invalidate the remaining provision. r • • u e 4 EXECUTION OF LEASE This lease is not binding until executed by a proper officer of Lessor and until the receipt and acceptance thereby of the initial monthly rental fee provided for hereunder. TERMINATION OF LEASE Unless otherwise terminated, this lease will continue in force for a period of three weeks with automatic renewals for additional periods of three weeks unless either party notifies the other in writing at least ten days prior to expiration of the lease term. WARRANTIES Lessor makes no warranties, express or implied, as to the equipment leased, and assumes no responsibility for its condition. NOTICES Any notice to be given under this lease shall be mailed to the party to be notified at the address set forth herein, by registered or certified mail with postage prepaid, and shall be deemed given when so made. LEASE NOT CONSUMER CONTRACT The lease of this equipment is for commercial purposes, and the parties agree that this lease shall not be construed as a consumer contract. ENTIRE AGREEMENT This lease constitutes the entire agreement between the parties. This lease shall not be amended except by written agreement signed by both parties. ' SIGNED this day of February, 1992. t v~ l Robert Appel, Ma o ; City of Brenham Brazos County Lessor Lessee i PAGE--W-