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HomeMy WebLinkAbout1992-09-21-0900AM-Specialr3 •I 92 SEP 11 AM 11' 23 BRAZOS COUNZ'Y''OSeR,r wTTEx "OUSE BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS' COURT MEETING THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, SEPTEMBER 21, 1992, AT 9:00 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 budget amendments. 4. Consider and take action on Indigent Health Care Contract between Brazos County and Brazos Valley Development Council. 5. Consider and take action on Resolution for the reinstatement of H.B.66. 6. Consider and take action to change FM1688 to FM1179. 7. Consider and take action on contract between Texas Voting Systems, Inc. and Brazos County regarding the November 3, 1992 General Election. 8. Consider and take action on Independent Contractor Agreement between Junction Five-O-Five and Brazos County in regard to Citizen Collection Stations in various locations in Brazos County. 9. Consider and take action on Lease Agreement between The Harvey Community Center and Brazos County in regard to land to be used for a Citizen Collection Station. 10. Consider and take action on speed limit recommendations for various county roads in Precincts 1 and 3. 11. Consider and take action on request from Aquila Southwest Pipeline Corporation to install two (2) gas pipelines in county rights-of-ways of Tonkaway Lake Road in Precinct 3. 12. Consider and take action on Final Plat of Dove's Landing in Precinct 1. 13. Consider and take action on Amended Subdivision Plat of Nan- tucket Phase One in Precinct 1. 14. Acknowledge receipt of Treasurers report. 15. Consider and take action on personnel change of status. 16. Consider and take action on payment of claims. 17. Adjourn. - i i Vu" L 7f i COMMISSIONERS' COURT SPECIAL MEETING SEPTEMBER 21, 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 9:00 a.m. on Monday, September 21, 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 Bea Green Rosalie Todaro A. H. Winder Sarah Ryan Terri White Jake Cangelose Winfred Pittman Jim Hiney Lyman Reed Marianne Oprisko Wm. H. McLeod James E. Jett Executive Assistant Admin. Asst. to County Judge Secretary to Commissioners Auditor's Office County Engineer County Court at Law #2 Treasurer's Office Civil Defense Constable Pct. 7 Bryan/College Station Eagle Reed Family Trusts Barron Road Resident Texas Voting Systems Developer Commissioner Sims gave the invocation and led the pledge of allegiance. The Court next considered Budget Amendment #91/92-29, which would reallocate funds budgeted for the Adult Probation Department, increase the budget of the office of Constable Precinct 7, increase the budget of the Brazos Center and transfer money from Non Departmental to the Brazos Center and Constable Precinct 7. On motion by Commissioner Sims, seconded by Commissioner Turner, the Court voted unanimously to approve the budget amendment: as submitted, a copy of which is attached hereto. The Court next considered the renewal of a contract between Brazos County and the Brazos Valley Development Council for the administration of the Brazos County Indigent I .1 t 1 t a s, ,r J t rI E •i f~ 1 1 • Commissioners' Court meeting September 21, 1992 Health Care Program. The contract period is from October 1, 1992 through September 30, 1993. Cost to the county will be an estimated $40,880.00. The Brazos Valley Development Council will provide services outlined in the contract. On motion by Commissioner Norton, seconded by Commissioner Turner, the Court voted unanimously to renew the contract with the Brazos Valley Development Council for the administration of the Brazos County Indigent Health Care Program. A copy of the contract is attached hereto. The Court next considered a Resolution to revoke the recision of July 6, 1992 and to reinstate the Resolution adopted on May 26, 1992 which would provide the mechanism for judicial salary supplementation and authorized the collection of $20.00 filing fee for Civil cases and $10.00 for each criminal conviction in County Court at Law. On July 6, 1992 the Court rescinded the resolution due to an Attorney General's opinion stating that the collection of these fees was unconstitutional. Since that time the 78th District Court of Wichita County, Texas ruled in Cause No. 139,568-B entitled "In re Doresey Trapp and Vernon Cannon", that H.B. 66 is constitutional in all respects and the Attorney General stated he would not appeal the judgement. Sarah Ryan, Judge of County Court at Law II, further explained how reinstatement could benefit Brazos County. On motion by Commissioner Sims, seconded by Commissioner Turner, the court voted unanimously to revoke the recision of July 6, 1992 and to reinstate the Resolution adopted on May 26, 1992 which would provide the mechanism for judicial salary supplementation and authorized the collection of $20.00 filing fee for Civil cases and $10.00 for each criminal conviction in County court at Law. This is subject to the State making the payments and remitting them to Brazos County. The County will review its option to renew or terminate the agreement with the State. The next-matter for consideration was a request of the Texas Department of Transportation to designate FM 1688 as FM b t u Q~v VOL 'Z-- i•. • Commissioners' Court meeting September 21, 1992 1179. This way FM 1179 would run from FM 60 to the present end of FM 1179 at its intersection with Jones Road thus providing the travelling public with a continuously marked route from FM 60 through the Bryan-College Station area and ending at FM 2038. On motion by Commissioner Turner, seconded by Commissioner Wilcox, the Court voted unanimously to designate FM 1688 as FM 1179. The Court next considered entering into contract with Texas Voting Systems, Inc. for services and supplies needed in connection with the General Election to be held November 3, 1992. On motion by Commissioner Wilcox, seconded by Commissioner Turner, the Court voted unanimously to enter into contract with Texas Voting Systems, Inc.. Brazos County will pay $23,790.00 for the services and supplies to be rendered by Texas Voting Systems in the General Election to be held on November 3, 1992. A copy of the contract is attached hereto. Consideration of an agreement between Junction Five-0- Five and Brazos County regarding the Citizen collections stations in various locations in Brazos County was tabled to allow further consideration. The Court next considered entering into a lease agreement between Brazos County and the Harvey Community Center for lease of a 0.2296 acre tract or parcel of land dying and being situated in the Maria Kegans Survey, Abstract No. 28, Brazos County, Texas for the purpose of operating a Citizens Ii Collection Station for the collection of plastic, glass, aluminum, appliances, yard waste, household waste and such other items as the tenant deems proper and consistent with its i recycling program. Term of the lease will be for a period of I one year and at a rate of $1,200.00 per annum. On motion by i Commissioner Turner, seconded by Commissioner Sims, the Court voted unanimously to enter into a lease agreement with the I Harvey Community Center for the purpose of operating a Citizens Collection Station. A copy of the lease agreement is attached. Commissioners' Court meeting September 21, 1992 The Court next reviewed a list of various county roads located in Precincts 1, 3 and 4 that are being considered for • posted speed limits for the safety and welfare of the general public of Brazos County. Commissioner Sims suggested changing the recommended speed limit on Tonkaway Lake Road from 30mph to 35mph. The County Judge announced that a Public Hearing would be held on October 6, 1992 at 9:00 a.m. in the County Commissioners' Courtroom to hear commentary for and against the speed limits recommendations. A copy of the list of roads is attached hereto. The Court next considered two requests by Aquila Southwest Pipeline Corporation to place a road bores in the right-of-way of Tonkaway Lake Road to install an 8" and 10" steel natural gas pipeline. Both requests are accompanied by company check number 016075 and 016071 each in the amount of $500.00. Both sites are in Precinct 3. The County Engineer is stated that all appeared to be in order and recommended approval. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the request of Aquila Southwest Pipeline Corporation and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of the final plat of Dove's Landing Subdivision. Holland Winder, County Engineer, stated that he had reviewed the plat and it appeared to be in order. Commissioner Wilcox noted that lots 2 & 4 had a 75 foot set back line that would leave less than an acre for the land owner to build a home and have a septic system. Commis- 0 sioner Wilcox then recommended that acceptance of the plat be subject to the approval of the Health Department on the size of lots 2 and 4. On motion by Commissioner Wilcox, seconded by Commissioner Sims, the Court unanimously approved the final plat of Dove's Landing Subdivision with the stipulations that the developer _designate the location of the building site on the two lots in question and that the Health Department j~ i VC,) L u~..•:y J" Commissioners' Court meeting September 21, 1992 approve the size of the two lots. The Court next considered approval of the amended plat of Lot 4R being all of Lot 4 and Lot 7, Block 4 Nantucket, Phase One Subdivision. Holland Winder, County Engineer, stated that he had reviewed the plat and it appeared to be in order. On motion by Commissioner Norton, seconded by Commissioner Turner, the Court unanimously approved the amended plat of Lot 4R being all of Lot 4 and Lot 7, Block 4 Nantucket, Phase One Subdivision. The Court received, approved and ordered filed as submitted the Treasurer's report for August 1992. 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 Smith, Tamara Green, Steve O. Walton, Brandon Warren, Ty B. Rittenhouse, E. Fodor, Elanore Pollock, John Binford, Susan Peacock, Thomas Stanfield, Derrick Sledge, Chris Siracusa, Teresa DEPARTMENT REASON Distric t Attorney Resignation Road & Bridge Termination Road & Bridge New Emp P/T Sheriff Office New Employee Sheriff Office New Employee Sheriff Office 6 Mon Increase Sheriff Office 6 Mon Increase Sheriff Office 6 Mon Increase Sheriff Office 6 Mon Increase Sheriff Office 6 Mon Increase Sheriff Office 6 Mon Increase Sheriff Office 6 Mon Increase On motion by Commissioner Norton, 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: f ii 10 General Fund Claims-117745-thru-118095- 20 Road & Bridge Claims-118196-thru-118318- 22 Road & Bridge II---------- Claims-118096-thru-118097- 45 Omnibus Crime Control Claims-118098-thru-118101- 54 Health Department Claims-118108-thru-118120- 60 Payroll Claims-118121-thru-118137- 61 Health & Life Ins--------- Claims-118138-thru-------- 62 Flex Plan Claims-118139-thru-------- 90 Brazos County Grants Claims-118140-thru-118181- 97 Narc. Traf. Task Force Claims-118182-thru-118195- On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to approve the Claims as submitted. • 0 • VC)q ,0 - - - - The foregoing minutes have been examined and approved in open Court this the day of Xl21C44zIU V 191L, in Bryan, Brazos County, Texas. t L I 1 J Hol green Cou, y Judge Wa ter Wilcox Commissioner, Precinct 2 Milt6n Turncr Conunissioner, Precinct 4 Gary No n L Commis 1 ner, Precinct 1 -7 Ran y Sim Commissi ner, Precinct 3 ' Zltr.? 44~~ Mary nn ward County Clerk r • 1 ( • • L, S • BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1991-1992 BUDGET YEAR NO. 91/92-29 On this the 21st day of September 1992 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 September 21, 1992, the Court heard and approved a budget amendment for the 1991-1992 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 3, 1991, the following amendment(s) to the original are hereby authorized, as described on the attached 1 page(s). ADOPTED AND APPROVED this the 21st day of September 1992 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By; R. J. Holmgreen, County Judge 1 4-11 Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File VO L P ,I G ED,:Z- Budget Amend. No. 91/92-29: Sept. 21, 1992 DEPT ACCOUNT # ACCOUNT NAME Constable 10-56-5210 - - Office Supplies Pct. 7 10-56-5213 Clothing & Uniforms 10-56-5413 Rep/Maint of Vehicles 10-56-5518 Other Miscellaneous 10-56-5611 Insurance & Bonds 10-56-6211 Radio Equipment WC. TO DEPT BUD."-ET Adult 10-3-5412 Rep/Maint Office Equip Probation 10-33-5210 Office Supplies 10-33-5418 Maintenance Contracts 10-33-6210 Off. Furniture & Equip. ' NO iNG, TO DEPT BUDCWT Non Depart 10-14-5672 Uncollectable Taxes Mental 10-14-6112 Parking Lot : *DEC. TO DEPT BUDGET Brazos 10-28-6371 Improvements Other Center " INC, TO DEPT BUDGET Mf1JNC, TO GF flUDGET INCREASE (DECREASE) REASON 700 Increased 829 Expenses 3100 222 180 113 $5,144 " (735) Reallocate 330 funds (50) 455 (5,144) Pct.7 (150,000) Brazos C. (t155.144) 150,000 Transfer from ND . A f .a , f • INDIGENT HEALTH CARE CONTRACT This Contract is Subiect to Arbitration Under the Texas General Arbitration Act • V This Contract is entered into by and between BRAZOS COUNTY acting by and through its duly elected County Commissioner's (hereinafter "County") and the BRAZOS VALLEY DEVELOPMENT COUNCIL (hereinafter "BVDC"). The purpose of the Contract is to outline the responsibilities of each of the parties in the operation of the indigent Health Care and Treatment Act, Texas Revised Civil Statutes Article 4438(f), created by Senate Bill 1 during the Special Session of the 69th Texas State Legislature. The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act and the Texas Constitution, the County agrees to provide the financial resources for the following mandatory services to eligible household members who meet the requirements of the Act, the Texas Department of Human Services (TDHS) Handbook, and the BVDC. 1. Inpatient - Outpatient Hospital Services 2. Physician Services (limited) 3. A Maximum of Three Prescription Drugs per recipient per month 4. Skilled Nursing Facility Services 5. Family Planning Services 6. Laboratory and X-ray Services The County agrees to join the BVDC in entering into contracts, as necessary, with providers 'for delivery of the above mentioned services. These contracts with mandated service providers will be for delivery of services as specified by the Act, the TDHS Handbook, and the BVDC. RATES FOR REIMBURSEMENT The County agrees to join other counties in the Region and provide their pro-rata share of funds for the administration of the County Indigent Health Care (CIHC) program by BVDC for State Planning Region 13. The amount payable by Brazos County to BVDC is estimated at $40,880.00 through September 30, 1993. RESPONSIBILITIES OF BVDC For and in consideration of the funding provided by the County, the - BVDC will be responsible for providing the following services pursuant to this Contract: VO L i n'. Page 2 - CIHC Contract Brazos County 1. Providing of all necessary application forms to potentially eligible individuals. 2. Provide intake services in the county at least once a month. 3. Assist applicants in completing all necessary forms. 4. Determine the eligibility of each applicant with regard to residency and financial qualifications pursuant to the procedures and qualifications defined in the Act, included but not limited to Sections 1.03 and 1.06. In this capacity the BVDC shall also be responsible for mailing all necessary forms and following all procedures defined in the Handbook with regard to notifications and appeals on the issue of household eligibility. 5. Maintain this Contract and assist the parties hereto in the operation of the program. 6. Receive all bills submitted by the providers for payment of services and review the same to verify that the services qualified, the patient was an eligible resident, and the bill qualifies in all respects. 7. Send all bills for payment to the appropriate county for verification and payment. 8. Maintain data files on clients and billing records to verify the county is in conformity with the limitations on the amount of money or in-hospital care any one indigent client may receive in a one (1) year period. 9. Provide information to all parties as needed. 10. Respond to all and any inquiries regarding the program. 11. Assist the County with information needed for audit purposes. 12. Monitor the program on a periodic basis to check billing procedures and with TDHS staff review overall program management and operation. 13. Assist and supervise the reconciling of ineligible expenses with the appropriate parties. 14. Assist the County with all of its responsibilities under the Act. - _l_o . t 6I Page 3 - CIHC Contract Brazos County •I 15. Perform all other duties and functions necessary to fulfill the requirements as outlined in the Act and the TDHS Handbook. 16. Review the eligibility of each household every six (6) months. 17. Prepare and distribute to the Provider no less than once every six (6) months a computer list of eligible residents. 18. Determine eligibility not later than the fourteenth (14) day after receiving a completed application from an applicant including all necessary documentation and verifications. BVDC will provide the services designated as numbers 1, 3, 4, 6, 8, 9, 10, and 11 above to the County when dealing with medical services that have been performed outside the jurisdiction of the respective county. RESPONSIBILITIES OF COUNTY 01 The County shall be responsible for the following duties and requirements: 1. Provide County funds for the payment of mandated services. 2. Provide County funds for the administration of the program to the BVDC. ' i 3. Develop a system for the payment of bills for indigent health care services or incorporate this billing procedure into the County's established system for paying like ' bills. 4. Provide an audit of the program as required by state law. r k 5. Accept ultimate responsibility for payment of services which may be determined through an audit to have been an ineligible expense. _ 6. Provide for and assist with the procurement of and payment for legal services as necessary. _ 7. Provide for and assist with the procurement of and payment for additional audit services. Page 4 - CIHC Contract Brazos County TERM This Contract shall continue in force and effect for a term of one (1) year commencing on the first day of October, 1992 and shall terminate on the thirtieth day of September, 1993. The parties shall have, and there is hereby given, three (3) options to renew this Contract for a period of one (1) year in each instance, to follow consecutively upon the expiration of the term hereof and of any renewal period, upon the same terms and conditions contained herein except for amendments made by the Texas Department of Human Services and/or the State Legislature. CANCELLATION This Contract may be cancelled by either of the parties hereto upon sixty (60) days written notice as provided herein. INDEMNITY Any monetary loss suffered by the County from ineligible clients, mistake, fraud, or other conditions can not be recovered from the BVDC. The parties further agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities, or action resulting or alleged to result from the breach, violation, or non-performance of the terms and conditions hereof or the negligent performance of the services stated herein and for any damage to any person resulting from any act or omission or negligence on the part of each party hereto. AMENDMENT This Contract shall be automatically amended by the amendments made to the Act by the State Legislature, in all other respects, this Contract may only be amended by the written consent of all the parties hereto. GOVERNING LAW This Contract shall be executed in and shall be governed by the laws of the State of Texas. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Contract. V a f pd~ ' In the event that any of the provisions or portions thereof, of this Contract, are held to be unforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. r , ENTIRE CONTRACT This Contract contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, • oral or written, between or among the parties the subject matter of this Contract, which are hereto, relating to not fully expressed herein. EFFECTIVE the 1st day of October, 1992. BRAZOS COUNTY By: f, - . z,,-' R. Holmgree County Judge BRAZOS V L DEVELO ~'T COUNCIL By: Glenn J. Coo Executive Director •la 0-1 i • .r IN THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS WHEREAS, H.B. 66, effective October 1, 1991, provides for an increase in the jurisdiction of all statutory county courts in Texas, including the County Courts at Law of Brazos County; and WHEREAS, H.B. 66 provides a mechanism for funding judicial salaries by the State of Texas to the County through the collection for a twelve month period of a $20.00 civil filing fee and a $10.00 cost for certain criminal convictions, other that a conviction arising under any law that regulates pedestrians or the parking of motor vehicles; and WHEREAS, H.B. 66 requires adoption of a resolution by Commissioners Court to collect such fees and cost; and WHEREAS, by Resolution adopted by the Commissioners Court of Brazos County, Texas on may 26, 1992, duly entered into the Minutes of this Court, this Court resolved as follows: "THEREFORE RESOLVED by the Commissioners Court of Brazos County, Texas that the Clerks of the County Courts at Law of Brazos County, Texas shall, pursuant to H.B. 66, collect for a period of twelve months beginning July 1, 1992, a fee of $20.00 in each civil case filed and $10.00 for each criminal conviction had in a County Court at Law, other than a conviction arising under any law that regulates pedestrians or the parking of motor vehicles; and be it FURTHER RESOLVED that a certified copy of this resolution be filed with the Comptroller of Public Accounts of the State of Texas not later than June 1, 1992." AND WHEREAS, the Court rescinded the foregoing resolution due to an Attorney General's Opinion stating that the collection of these fees was unconstitutional, as reflected by the Minutes of the Commissioners Court meeting on July 6, 1992; and WHEREAS, the 78th District Court of Wichita County, Texas, ruled in Cause No. 139,568-B, entitled "in re Dorsey Trapp and Vernon Cannon", that H.B. 66 is constitutional in all respects and the Attorney General has publicly stated that he will not appeal this judgment; it is THEREFORE RESOLVED that the rescission of July 6, 1992 is revoked, and the Resolution of this court dated May 26, 1992 is hereby reinstated. r' U. V • • 0 The foregoing resolution having been adopted by the Commissioners Court of Brazos County, Texas on the Isf• day of September, 1992, witness our signatures hereto as set out below. R. J. GREE , County Judge GARY RT N, Comm. Pct. 1 Walter Wilcox, Comm. Pct. 2 RANDY S S, Comm. Pct. 3 MILTON TURNER, Comm. PcL 4 i f THE STATE OF TEXAS : .COUNTY OF BRAZOS : This contract, made thi§~1,Wda of September, 1992, y by and between TEXAS V6TIFiO SYSTEMS, INC., a Texas Corporation, and BRAZOS COUNTY , State of Texas. WITNESSETH: Whereas, Texas Voting Systems, Inc. Is in the business of selling election services, and; Whereas, BRAZOS COUNTY is desirous of employing the services of Texas Voting Systems Inc. In connection with the GENERAL ELECTION to be held on November 3, 1992, in Brazos County, Texas, and; Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth, it is agreed: 1. TEXAS VOTING SYSTEMS, INC. will provide the following supplies; (a) 58,000 numbered and printed Official Ballot Cards. (b) All required hinged ballot pages and punched masks. (497 ballot labels (books) (61 extra required in early voting locations.) (c) 5000 sample ballots and demonstration ballot cards as required. (d) Fifty three (53) election sots to Include six early voting sots, the Early Voting Board set and one fo; central counting station. (e) All required seals for the voting equipment. (f) Specimen ballot layout for each voting precinct for checking correct ballot pages. (g) Precinct polling place supplies (pens - tape - extra stylus) as required. (h) 5000 early voting mail-out official ballot labels as required. Twenty one ballot groups A thru U. (1) Fifty (50) voting booths and 50 small voting units for mobile voting locations. 2.• TEXAS VOTING SYSTEMS, INC. will provide the following services: (a) Assemble four hundred ninety seven (497) voting devices. (b) Check each unit for proper ballot pages, label each unit by precinct, and stack units by precinct for delivery by Brazos County. (c) Provide complete ballot layout and design. (d) Conduct one (1) class for election judges and clerks of election procedure. (e) Conduct one (1) class for all central counting personnel if required. (f) Assist with early voting as required. (g) Prepare all supplies for use in the individual precincts. (h) Assist in the preparation of the computer program, test deck and holding of the Official Test of the vote count computer. (1) Set voting devices on location of 5 early voting stationary locations, and pick up voting devices after early voting for reassignment to voting precincts. Assist with the organization of mobile voting equipment vehicle(s). (j) Assistance on election day, as required, to include the central counting station. J~ti.• It } page 2 of 2 (k) Provide any consulting services before and after the above mentioned elec- tion. (1) Provide repair crews for the voting device repair in the individual precincts on election day. • 61, a r 4 }L 3. BRAZOS COUNTY, State of Texas, will be responsible for, and hereby assumes the following duties and obligations in regard to the GENERAL ELECTION to be held on November 3, 1992. (a) Delivery of the voting equipment to the individual precincts, and pick-up and return of the voting equipment to the Brazos County warehouse. (b) Payment of all Election Judges, Alternate Judges, and Clerks of Election, to include the central counting station. (c) Furnish Texas Voting Systems, Inc. a complete list of all candidates and issues for all races to be conducted in the above mentioned election. (d) All reports, expense accounts, canvass of the election, conduct of the elec- tion at the Individual polling places, and any other statutory requirements as required by the Texas Election Code and/or the Federal Voting Rights Act and not specifically covered above. 4. The consideration to be paid by BRAZOS COUNTY, to TEXAS VOTING SYSTEMS, INC. for the services and supplies to be rendered by said corporation in the GENERAL ELECTION to be held on November 3, 1992 is Twenty Three thousand Seven Hundred Ninety dollars and 00 cents. ($23,790.00) IN WITNESS WHEREOF the parties have hereunto set their hands, the day and year first written above. BRAZOS COUNTY, TEXAS e'f'- JJ~014 4-,& 4 It R. J. (DIC ) HOLMG N - County Judge ATTEST: MARY NN WARD - County Clerk TEX VOTING SYSTEMS, INC. Ilia . McLeod - President VOL riA Y , A 1 t MEMO TO: Sharon Fairchild, County Auditor FROM: R. J. Holmgreen, County Judge RE: EXEMPTION FROM COMPETITIVE BIDDING REQUIREMENTS OF LOCAL GOVERNMENT CODE, SECTION 262.024(a)(4). Please be advised that on this = day of e m e , 1992, at a Regular Session of the Commissioners' Court on which the following members were present: County Judge Commissioner, Pct. 1 "~sMioner, Pct. 2 Commissioner, Pct. 3 Commissioner, Pct. 4 The Commissioners' Court has determined that there is a need to purchase the personal and/or professional service, Election Consulting. Services, and Equipment from the following vendor: Bill McLeod. Texas Voting Systems. Inc., and hereby grants an exemption from the competitive bidding requirement, as provided in the Local Government Code, Section 262.024(a)(4). The Court hereby approves payment for all personal/professional services from the designated individual for the fiscal year 1993. ake V L • • ERNEST V BRUCIIFZ Board Certified - Oil, G i,.,n.1 Mineral l_tw T,xas Board of Ugal tilwi,alvation JAY B. GOSS Board Certified - Civil Trial U%% - Personal lnlur~ Trial Uw Texas Board of I-egal Sri cializ,uon KYLE HAUMIORNE PATRICIA E. MF.RONOFF C. RANDALL MICHEL Board Cvndied - Cn d rrw 1-n. Texas Board of U.-gal Sl-woaliztion WHL]AM S. THORNTON, JR. BRUCHEZ, GOSS, TI IORNTON, MERONOFF, MICHEI. & HAW'INORNE A Pr(f,~.tonaf loyx,rarrorr All08PIO♦ AT UO 3131 Bnarereat Dnve/.Suite 200 Bryan, Texas 77802-3052 (409) 776-2244 FAX (409) 776-6239 September 21, 1992 Mr. Clint Milner Thornton, Payne, Watson & Kling 308 East William Joel Bryan Parkway Bryan, Texas 77803 RE: Lease Agreement Between Brazos County, Texas, and the Harvey Community Center Dear Mr. Milner: Enclosed please find the original executed Lease Agreement between the above referenced parties. It is customary for the County to execute a document only after the other party to the transaction has executed. However, due to the timing of this particular transaction, the County has executed this agreement on the understanding that this is the final version of this Lease Agreement and that the Trustee's for the Harvey Community Center are prepared to sign this document. Please, upon execution by your client, return this original to my office. The Commissioners Court needs the original for recordation in its minutes. Since your client will be keeping only a copy, I have enclosed an original Certificate of Insurance for your client's use in connection with this Lease. I hope this arrangement is satisfactory. Thank you for your prompt attention to this matter. Sincerely, Patricia E. Mero f Enclosure cc: Judge Holmgreen Commissioner Randy Sims 92-3068:PEM/lam COFY'AbA-YOUR INFORMATION v~ b'. Bruchez. Goss, ton. fl pry, 0 Z Moll, `Meronoff, iNichet&'A wthome t r I F t ~I ' LEASE AGREEMENT AGREEMENT of Lease, made this the / t. day of September, 1992, by and between THE HARVEY COMMUNITY CENTER, acting by and through its duly elected Board of Trustees, (called "LANDLORD") and BRAZOS COUNTY, TEXAS, acting by and through its duly elected Commissioners Court (called 'TENANT'). j W15-5 El E: 1. DEMISE - DEMISED PREMISES. LANDLORD, for and in consideration of the covenants and conditions hereinafter contained on the part of the TENANT to be performed, and in consideration of the rental hereinafter reserved, does hereby grant, lease, demise, and let unto TENANT, and TENANT does hereby rent and take from LANDLORD, a parcel of land in Brazos County, Texas, described as follows, to-wit: Being a 0.2296 acre tract or parcel of land lying and being situated in the Maria Kegans Survey, Abstract No. 28, Brazos County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes. 2. IM. LANDLORD agrees that TENANT and those holding by, through and under TENANT, may use the Demised Premises for any lawful purpose. It is the intention of TENANT to use the Demised Premises for the purpose of operating a Citizens Collection Station for the collection of plastic, glass, aluminum, appliances, yard waste, household waste and such other items as the Tenant deems proper and consistent with its recycling program. The waste shall be collected and stored on the Demised Premises in compliance with all federal and state laws and regulations until such time as it can be hauled off the Demised Premises by the Tenant, its agent, employees or subcontractor for ultimate disposal off site (said disposal to comply with all federal and state laws and regulations). LANDLORD I. • expressly warrants that the Demised Premises may be used for all of the specific purposes expressed hereinbefore. LANDLORD agrees that in the event TENANT shall for any reason be prevented at any time from using the Demised Premises for any or all of the specific purposes expressed hereinbefore, then TENANT may, at TENANTs option, ,y terminate this Lease, on the date specified in the notice, by delivering written notice to that effect to LANDLORD and thereafter neither LANDLORD nor TENANT shall have any further rights, duties or obligations under this Lease and the rents and other sums payable by TENANT for the remainder of the term shall wholly abate. 3. TERM. This Lease shall be effective from the date first above set forth; the term of this Lease shall commence on such date which date is hereinafter called the • "commencement date" of this Lease and the original term shall extend and continue for a period of three (3) years from and after the commencement date. TENANT may, subject to approval and written consent of the Board of Trustees of LANDLORD, renew and extend the term of this Lease annually following the original term, such renewals to be for a period of one (1) year each following the expiration of the preceding term of this Lease, by giving written notice to LANDLORD thirty (30) days prior to the date on which the option period begins, seeking approval from the Board of Trustees of LANDLORD. b, 4. RE Rent shall accrue during the original term from and after the ` commencement date of this Lease and shall be payable by TENANT to LANDLORD at Bryan, Brazos County, Texas, at the rate of $1,200.00 per annum during each term, in lawful money of the United States of America. The rent shall be due and payable either in equal monthly installments of $100.00 payable in advance on or before the first day of each ,W, • calendar month or in full in one annual payment payable on the first day of each calendar year, at Tenant's option. 5. COSTS. TENANT shall pay for all utilities furnished the Demised Premises for the term of this Lease, specifically including electricity. It is the understanding of the parties hereto that the Demised Premises is not subject to ad valorem taxes and nothing herein contemplated should alter such tax status. 6. REQUIREMENTS OF LAW. TENANT shall promptly comply with all statutes, ordinances, rules, regulations, and requirements of the Federal, State and Municipal governments and of any and all of their Departments and Bureaus which are applicable solely to the use made by TENANT of the Demised Premises during the original term or any renewal thereof. LANDLORD shall comply with all statutes, ordinances, rules, regulations, orders and requirements of the Federal, State and Municipal governments and with any and all of their Departments and Bureaus applicable to the Demised Premises. 7. IMPROVEMENTS. TENANT may install a cyclone fence around the Demised Premises, gravel an access road to be situated on the Demised Premises to facilitate vehicular traffic to the Demised Premises, and erect a covered shelter for its employees, agents or subcontractors. TENANT may make such other improvements as deemed necessary for the operation of the disposal site. At the end of the original or option terms, if exercised, TENANT will remove all improvements and return the property to its condition as of the commencement date. In the event TENANT has not removed all improvements within thirty (30) days of the date it vacates the property, it is agreed that the remaining improvements shall become the property of LANDLORD. During the original term and t S~-~m~r .f :'_it.:.f~:~^:'L~50Rlri-+n r'-_~i..aYo.r.yu~cwtmcvsuo.~ ver.-.a..ii,:~~+.M1....~...,:.~:...c ,...vsr_o-r„+•c--.......v..~......r. . _ ~r 1 1 1 • R ~ 1` J: all option terms, if any, TENANT shall keep the Demised Premises clean and neat in appearance, agreeing to keep the Citizens Collection Station organized and well maintained. 8. INDEMNIFICATION. TENANT agrees to indemnify and save harmless LANDLORD and the members of the Board of Trustee's of LANDLORD, from any and all liability, damages, costs, attorneys' fees, expense, causes of action, suits, claims, or judgments of any kind or character for injury to person or property caused by the negligence of TENANT, its invitees, subcontractors, employees, agents, and guests which arises out of or is related to the TENANTS occupancy of the Demised Premises. TENANT shall and will, at its own expense, defend any and all suits in which LANDLORD and/or members of the Board of Trustees of LANDLORD may be a party, upon any such above mentioned claim, and shall and will satisfy, pay, and discharge any and all judgments that may be 1 E • recovered against LANDLORD and/or members of the Board of Trustees in any such ` action or actions. 9. INSURANCE. TENANT represents to LANDLORD that LANDLORD will t be insured under TENANTs general liability policy number 61CENQN0595 and 61CESQK8263 with Nutmeg Insurance Company and Hartford Insurance, respectively, for personal injury or property damages arising out of or relating to this Lease of the Demised Premises. A Certificate of Insurance referencing the LANDLORD herein as the Certificate holder and evidencing the LANDLORD's coverage pursuant to said policies is attached hereto as Exhibit "B" and made a part hereof for all purposes. 10,TENANTS ACCEPTANCE OF PREMISES, TENANT by entry hereunder accepts the premises as being in good and sanitary condition, and in good repair. TENANT agrees, on the last day of the terms of this Lease, or its earlier termination, to surrender the L L ~ 1 4 t t e: I ro 9 r J premises to LANDLORD in the same condition as received, reasonable use and wear, damage by fire, act of God, or the elements excepted. TENANTS obligation to surrender i the premises to LANDLORD in the same condition as received includes, but is not limited to, obligation and liability for all environmental cleanup of the Demised Premises in compliance with all State and Federal laws and regulations. 11. EMINENT DOMAIN. If the whole or any part of the Demised Premises shall be taken by lawful authority for any public or a quasi-public use or purpose this Lease shall, as to the part so taken, terminate on the date title shall be acquired, and the rent shall abate fairly and in proportion to the part so taken and shall entirely abate if the entire Demised Premises is so taken. In all cases of a partial taking of the Demised Premises TENANT may, at its election, by delivering written notice to that effect to LANDLORD, terminate this Lease and vacate the Demised Premises, and in that event, the liability of TENANT for performance of the Lease shall terminate and come to an end and all rents shall abate. 12. DEFAULT BY TENANT. It is expressly understood and agreed that if default be made in the payment of the rent or any part thereof as herein specified, or if default be made in covenants and agreements in this Lease contained on the part of TENANT to be performed, in addition to all other rights and remedies available to LANDLORD, LANDLORD may, if LANDLORD elects, at any time thereafter terminate this Lease and the term thereof if fifteen '(15) days after giving to TENANT notice in writing of its intention to do so, TENANT has failed to remedy the default; this Lease and the term thereof shall terminate expressly and come to an end on the date fixed in such notice as if N t ;G I A s i k . i- i ,1-111 kr.e .r.~L~Y f, ~Y~%~YT.~Aa~`iSS?+241i3LIQN~aii_.+y4Ly.0~..~~.aA:YFtLY.u^4..'i~.. .em^r-a•..-sc-s_ra..~~_ r'.r~.~ _ J I ' { said date were the date originally fixed in this Lease for the termination or expiration thereof. j 13. TENANT'S RIGHT TO PERFORM. In the event LANDLORD violates or fails I to perform any provisions or agreement of the Lease to be performed or complied with by LANDLORD, and such violation or failure continues for fifteen (15) days after written notice thereof to LANDLORD, TENANT may, in addition to all remedies available to it, be entitled to perform on behalf of LANDLORD and deduct all such payments from the rent. 14. QUIET ENJOYMENT. LANDLORD does covenant that TENANT on paying the rent and performing the covenants aforesaid shall and may peaceably and quietly have, • hold and enjoy the said Demised Premises for all terms aforesaid. 15. SURRENDER. TENANT shall quit and surrender the Demised Premises at the expiration of the term and/or any extensions thereof in good order and condition. 16. NOTICES. Any notice given pursuant to this Lease shall be valid only if given in writing, and shall be deemed sufficiently given if given by registered or certified mail with sufficient postage attached. Notice to LANDLORD shall be sufficient if given or addressed to LANDLORD as follows: Harvey Community Center 11058 State Highway 30 College Station, Texas 77845 Notice to TENANT shall be sufficient if given or addressed to: Brazos County, Texas Brazos County Courthouse 300 East 26th Street • Bryan, TX 77803 F iE ' 1. . _ ,a` i7 ..<Ora.i•l. :.i..`Ya'~a: ~~u.aerars~buvrc~.iMipfa~r.~~"~.S~nr - - - • t The date of any notice provided for in this Lease shall be the date of deposit in the United States mail with sufficient postage if given by registered or certified mail, or the date of actual delivery to the above address of the party to be notified, if otherwise given. The person and place to which notice may be given may be changed from time to time by LANDLORD or TENANT respectively upon written notice to the other, effective five (5) days after delivery of such notice. 17. SUCCESSORS AND ASSIGNS. The terms, agreements, covenants and conditions contained in this Lease are binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed as of the day and year first above written. HARVEY COMMUNITY CENTER By: -A 0! Charles Zi , T stee , By: immie Weedon, Trustee L f B y: ~ David Rosberg, Trustee By: G Oliver Goen , Trustee "LANDLORD" f i t,,.);. -p. -71~"*!lR',r'Y:.'Y.;_is~~?S..-t~arSw~Tras,aaarsr-n.a~wa..a.i~ ~ rn-~.+x~..,.<s..+~... t~.f ~a - . a 1 1 ~ rR. JT. I mgree, County Judge i ..1 "TENANT 1•' f• I ~F I ~ f • ~ r ~T . ..y..~+.~_...-,~G~Y7i'fY 71~,.,.~~'C:..Gfm:.ut7mavlrcr._,..~+~~ra+=.S~~ 1 Legal Description 0.2296 Acre Parcel Harvey School - C.F. Goen Marla Kegans Survey -Abstract 28 Brazos County, Texas BEING a 0.2296 acre tract or parcel of land being situated and lying in the Maria Kegans Survey, Abstract No. 28, Brazos County, Texas; being a part of that certain 2.27 acre tract retained by C.F. Goen as described by deed dated March 20, 1948 conveying a tract of land to J.F. Grant and recorded in Volume 134, Page 260, Deed Records of Brazos County, Texas, and more particularly described by metes and bounds as follows: COMMENCING at the Southeast corner of Lot 8, Block 1, Deerfield Estates Subdivision set in the southwest right-of-way line of State Highway 30; THENCE South 490 15' 52' East along the southwest right-of-way line of State Highway 30 for a distance of 67.1 feet to the POINT OF BEGINNING; THENCE continuing South 4T 15' 52" East along State Highway 30 Southwest right-of- way line for a distance of 100.00 feet to an iron god for corner; THENCE South 380 14' 08" West into the aforementioned 2.27 acre tract for a distance of 100.00 feet to an iron rod for corner; THENCE North 49 ° 15' 52" West for a distance of 100.00 feet to an iron rod for corner; THENCE North 38 ° 14' 08" East for a distance of 100.00 feet to the PLACE OF BEGINNING and containing 0.2296 of an acre of land more or less. C .•~~srEq•. Surveyed by: s u 10 ~ £ti►w.. EXHIBIT "A finder - No. 3856 tered Professional Surveyor VOL i t t M •..w} 1~1F' _ _ ~~'ti~.i 7~ ~.n]`~f % . : L"54.: l: L:..S'.. . 7TH :.L'~w9 ~'1TT3ff C" • _ . _ t a. , c, I~ r ' r S r s A 'r II • . i a.- ' ~ ~ NCR ISSUE OATS (MMIODlYY) CERTIFICATE OF INSU,7n, M CR I 9-15-92 ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Mallard Insurance A InC ~'enc DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE . y • POLICIES BELOW. P.O. Box 4188 Bryan, Tx. 77805 COMPANIES AFFORDING COVERAGE COMPANY ' LETTER A Nutmeg Insurance Co. - INSURED COMPANY LETTER B Hartford Insurance Brazos County COMPANY C I LETTER 310 East 26th. St. Bryan,Tx. 77803 ETTERNYD COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURAN CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMTT8 DATE (MMIDDNY) DATE (MMIDD" GENERAL LIABILITY I GENERAL AGGREGATE _.__.S-2,000,000 X COMMERCIAL GENERAL LIABILITY ' 61CENQ~T0595 X ) PRODUCTS-COMPIOP AGO.iS x'000,000 - 4-1-92 4-1-93 CLAIMS MADE occuR , PERSONAL & AOV I NJURY , t 1,000,000 OWNER S 6 CONTRACTOR'S PROTj I I EACH OCCURRENCE 1 $ 1,000,000 f . FIRE DAMAGE (My arm en) I S 500 , 000 • MED EXPENSE (Any a* POW4 f AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 500 000 X ANY AUTO i I , ALL OWNED AUTOS ! f BODILY INJURY SCHEDULED AUTOS (Per Parson) _ X HIRED AUTOS 61CESQK8263 X ! BODILY INJURY E 4-1-92 4-1-93 (Par6=4denl) NON-OWNED AUTOS _ r 1 GARAGE LIABILITY PROPERTY DAMAGE is EXCESS LIABILITY -EACH OCCURRENCE i UMBRELLA FORM ' AGGREGATE OTHER THAN UMBRELLA FORM I 1 WORKER'S COMPENSATION 1 1 'STATUTORY LIMBS- ! EACH ACCIDENT III AND _ . DISEASE-POLICY LIMIT i EMPLOYERS' LIABILITY ' DISEASE-EACH EMPLOYEE i OTHER i DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS - Certificate revised to amend certificate holder's name. CERTIFICATE HOLDER / CANCELLATION The Board of Trustees for Harvey SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Community Center and the Harvey EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO , MAIL 1 ODAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Community Center to 11058 State Highway 30 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR College Station, TX . 77845 R LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ESENTATIVE - r' A` " ACORD 25-S /90 OA RD CORPORATION 1800 7 4 t• J.ti~. elt r t, GENERAL LIABILITY- INSURANCE POLICY - POLICY PROVISIONS The stock insurance company writing this insurance is shown on the Declarations Page as the "insurer". AGREEMENT In return for payment of premium when due and sub- ject to all the terms of this policy, we agree with you as follows: 22=23 t - COVCRAC* A. Insuring Agreement We will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of: 1. Bodily injury, 2. Property damage, 3. Personal injury, 4. Advertising injury, or 5. Employee benefits injury to which this policy applies caused by an occur- rence that takes place in the coverage territory. The injury or damage must occur during the policy period. We have the right and duty to defend any claim or suit seeking such damages, but 1. The amount we will pay for damages is limited as described in SECTION V - LIMITS OF LIA- BILITY. 2. We may, at our discretion, investigate any oc- currence and settle any claim or suit that may result; and 3. Our right and duty to defend end when we have used up the applicable limits of liability in the payment of judgments or settlements. This ap- plies both to claims and suits pending at that time and those filed thereafter. No other obligation or liability to pay sums or per- form acts or services is covered unless explicitly provided for under this policy. f~•E4iw-„J~1~ 1%.1- of Vie Poiluulon Haza4 We have no obligation under this policy: Force SG 00 02 08 88 Printed in U.S.A. (NS) Copyright Hartford Fire Insurance Company, 1986 (Includes copyrighted material of Insurance Services Office with its P% TiS;;i n. Copyright, Insurance Services Office, 1982, 1984) ? 2y ~ 117, -if .A L j t t i 1 k i i Page 1 of 13 f i• e THE wAeTFORD a. To investigate, settle or defend any claim or suit against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard; or b. To pay damages, judgments, settlements, loss, costs or expense's that may be awarded or incurred by reason of any such claim or suit or any such injury or damage, or in complying with any action authorized by law and relating to such injury or damage. As used in this exclusion, "pollution hazard" means an actual exposure or threat of ex- posure to the corrosive, toxic or other harmful properties of any solid, liquid, gaseous, or ther- mal pollutants, contaminants, irritants or toxic substances, including smoke, vapors, soot, fumes, acids or alkalis, and waste materials consisting of any of the foregoing. 2. Exclusion of the Asbestos Hazard We have no obligation under this policy: a. To investigate, settle or defend any claim or suit against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the asbestos hazard; or b. To pay, contribute to or indemnity another for any damages, judgments, settlements, loss costs or expenses that may be awarded or incurred by reason of any such claim or suit or any suph injury or damage, or in compliance with any action authorized by law and relating to such injury or damage. As used in this exclusion "asbestos hazard" means: a. An actual exposure or threat of exposure to the harmful properties of esbestos; or b. The presence of asbestos in any place, whether or not within a building or structure. a f h i f l F i j i r THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL . , • GENERAL LIABILITY INSURANCE POLICY - POLICY PROVISIONS "Asbestos" means the mineral in any form, including but not limited to fibers or dust. 3.- Genomi Exclusions This policy does not apply to: a. Any obligation of the insured under a work- ers' compensation, disability benefits or un- employment compensation law or any similar law. • b. Liability arising out of the rendering of or failure to render professional medical, nurs- ing, dental or paramedical services. c. Liability arising out of or based upon a vio- lation or alleged violation of the Securities Act of 1933 as amended or the Securities Exchange Act of 1934 as amended or any regulation issued pursuant to any of the foregoing statutes. d. Liability arising out of or in connection with an insured's activities as: (1) An officer, director, partner, trustee or employee of a pension, welfare, profit shanng, mutual or investment fund or trust, or any related financial concerns; or (2) A fiduciary under the Employee Retire- ment Income Security Act of 1974 and any amendments thereof or any regula- tion or orders pursuant thereto. e. Damages claimed for any loss, cost or ex- pense incurred by the insured or others for the loss of use, withdrawal, recall, inspec- tion, repair, replacement. adjustment re- moval or disposal of: (1) Your product; (2) Your work; or (3) Property of which your product or your work forms a part it such product, work, or property is with- drawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency. inadequacy or dangerous condition in IL f. Bodily injury, property damage, personal injury, advertising injury, or employee ben- efits injury expected or intended from the standpoint of the insured. This exclusion does not apply to bodily Injury resulting • Page 2 of 13 from the use of reasonable force to protect persons or property. g. Bodily injury, property damage. personal injury, employes tl-.p Dflts injury or adver- tising Injury sustained by any person as the result of an occurrence directly or indirectly relating to the employment or prospective employment of any person by any insured. W~DWIIYWt",y or (1) for which the Insured is obligat@d tp pay damages{ qy reason of the assumption of liability In a contract or agreement Lfhlz' to,"ri Cc-ze not apr y to lbm"i~ %for d---- "3. (a) In a contmot-or r-esa A' mint ttt~ 3 is Fut f.'t^*«'~ cor~~8; o't; (b) That the Insured would have in the absence of the contract or agree- ment. (2) for which any insured may be held liable by reason of: (a) Causing or contributing to the intox- ication of any person; (b) The furnishing of alcoholic bev- erages to a person under the legal drinking age or under the influence of alcohol; or (c) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. Subsection (2) of this exclusion applies only if: (a) The insured Is In the business of manufacturing, distributing, selling, serving or furnishing alcoholic bev- erages; or (b) The insured Is involved in the selling or serving of alcoholic beverages for a charge whether or not the in- sured or the insured's indemnites is: (1) In business to make a gain or profit from selling or serving such beverages; or (ii) Engaged In selling or serving of alcoholic beverages as a means of livelihood. Forth SO 00 02 06 84 Printed in U.S.A. (NS) Copyright Hartford Fire Insurance Company. 1986 (Includes copyrighted material of Insurance Services Office with its permissiqn, Copyright. Insurance Services Office, 1982.1984) - V Q g 71, a__1 THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL I i i i 1 GENERAL LIABILITY INSURANCE POLICY - POLICY PROVISIONS s. Oral or written publication of material that slan- ders or libels a person or organization or dis- parages a person's or organization's goods, products or services; b. Oral or written publication of material that vio- lates a person's right of privacy; a Misappropriation of advertising Ideas or style of doing business; or d. Infringement of copyright, title or slogan. "Auto" means a land motor vehicle, trailer or semi- trailer designed for travel on public roads, including any attached machinery or equipment. But auto does not Include mobile equipment. "Bodily injury" means bodily Injury, sickness or dis- ease sustained by a person, including death resulting from any of these at any time, that occurs during the poky pGdod. "Claim" means a demand received by any insured for damooos alleging Injury or damage to persons or property, including the institution of a suit for such damages against any insured. "Claim expenses" means all expenses Incurred by the insured or us In the investigation, negotiation, arbitration, settlement or defense of any claim or suit, whether paid by us or the Insured, but the term claim expon9e3 does not Include salaries of the Insured's or our regular employees or expenses incurred by the Insured for first aid. "Coverage territory" means: a. The United States of America (Including its ter- ritories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the Injury or damage does not occur In the course of travel or transportation to or from any place not included in a. above; or a ' All parts of the world if. (1) The Injury or damage arises out of. (a) Goods or products made or sold by you In the territory described in a. above; or (b) The activities of a person whose home is in the territory described In a. above, but Is away for a short time on your busi- ness; and (2) The insured's responsibility to pay Form SO 00 02 06 66 Printed in U.S.A. (NS) damages Is determined in a suit on the mer- Its, in the territory described in a. above or in a settlement we agree to. "Damages" means monetary judgment, award or set- tlement, but does not include fines or penalties or damages for which insurance Is prohibited by law applicable to the construction of this policy. Damages because of bodily injury Include damages claimed by any person or organization for care, loss of services or death resulting at any time from the bodily Injury. "Employee benefits Injury" means injury that occurs during the policy period and arises out of any act, error or omission In the administration of your em- ployee benefit programs. "Employee benefit programs" means a formal pro- gram or programs of employee benefits maintained in connection with your business or operations, such as but not limited to Group Ufe Insurance, Group Acci- dent or Health Insurance, Pension Plans, Employee Stock Subscription Plans, Workers' Compensation, Unemployment Insurance, Social Security and Dis- ability Benefits. f'L~cu:W:l C ,weal means: a. A lease of premises; b. A sidetrack agreement; c. An easement or license agreement in connec- tion with vehicle or pedestrian private railroad crossings at grade; d. Any other easement agreement, except in con- nection with construction or demolition opera- tions on or within 50 feet of a railroad; e. An indemnification of a municipality as required by ordinance, except in connection with work for a municipality; f. An elevator maintenance agreement; or g. That p_A of cny othcr contract gr agreement pertaining to your business under which you assume the tort liability of another to pay domogos because of bodily Injury or property domcce to a third pcraon or organization, if the contract or egre3ment is made prior to the bodily Injury or property damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. An Insured contract does not include that part of any contract or agreement: a. That indemnifies an architect, engineer or sur- Copyright Hartford Fire Iniwrince Company, 1988 i , 1 1 r, t f i 1 k F ~ C Page 5 of 13 (Includes copyrighted material of Insurance Services Office with its permission. Copyright. Insurance Services Office, 1982,1984) ig 1 , G 1 d THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL i I I , l' - J'~`~ °t Yi j • 1S) ~ .•.1 _ .•e :a ~ 1 • ' , ISSUi DATE IMMIDOIV V) • v.r,... v .i1•-- ; JJ •~:rti 1)~.~„J4✓L~ t ~'.I~lu.a~ J f w ^ r ~•1• '1,~, . f ~a••J1 r+ 1 R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND F FERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Mallard Insurance Agency s Ind. S NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P.O. BOX 4188 IES BELOW Bryan, Tx. 77805 COMPANIES AFFORDING COVERAGE Y A ETTER Nutmeg Insurance Co. YB BISVREO LETTER Hartford Insurance / COMPANY C Brazos County LETTER 310 East 26th.' St. COMPANY D Bryan, Tx. 77803 I LETTER COMPANY E LETTER Yoe.wa..+.•.w•.-v..,....-ti.-ae•••-.•~,.' "<:w•....~r.,a .tic*':=c'.L%1.=1m•,`i]'^'+.• r3a ` - , r"i.'?'!~ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 00 ! POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LTA LIMITS I DATE (MM/DDIYY) DATE (MMIDDIYY) i GENERAL LIABILITY I I GENERAL AGGREGATE i S 2,000,000 COMMERCIAL GENERAL LIABILITY i PRODUCTS COMP/OP AGO IS 1,000,000 j CLAIMS MADEI :K 'OCCUR 61CENQN0595 I 4-1-92 PERSONAL 6 ADV INJURY 1 • S 1'000'000 '4-1-93 I A OWNER'S & CONTRACTOR'S PROT I ' EACH OCCURRENCE ; S 1,000,000 (X Contractual I i FIRE DAMAGE (Any one fire) S 500,000 MED EXPENSE (Any one person) S 5,000 1 AUTOMOBILE LIABILITY I COMBINED SINGLE $ x ANY AUTO I • LIMIT 500,000 ALL OWNED AUTOS I I i BODILY INJURY : I A : SCHEDULED AUTOS (Per person) X . HIRED AUTOS B • BODILY INJURY ' x ;NONOWNED AUTOS 61CESQK8263 4-1-92 4-1-93 (Per accident) i GARAGE LIABILITY i I PROPERTY DAMAGE S EXCESS LIABILITY I EACH OCCURRENCE S i UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM { WORKER1 COMPENIATTON I STATUTORY LIMITS ! EACH ACCIDENT S AND ' DISEASE-POLICY LIMIT S EMPLOYERS' LIABnJ I V DISEASE-EACH EMPLOYEE S OTHER f I ~ , DESCRIPTION OF OPERATION"OCATIONSIVENKXE111PECIAL ITEMS - C,a~itllriCAi'rB.L,olt~fsil~+~ •Sr~.` f~i~:it<)i•~L~ 1044am RI•r.-•Sr: •rY.4~11::q•..Ti„ i. a_.l. cr._ 'acl Harvey Community Center- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 11058 State Highway 3O EXPIFfaON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 1O College Station. Tx. 77845 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE MAIL LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR F_y LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTMORIZZO REPRESENTATIVE -~i': oACO 6oRAoRAi1oN t090 r - s - G ' i i r • f i I ) f i~ • • t 5 GENERAL LIABILITY INSURANCE POLICY - POLICY PROVISIONS The stock insurance company writing this Insurance Is shown on the Declarations Page as the "Insurer". AGREEMENT In return for payment of premium when due and sub- ject to all the terms of this policy, we agree with you as follows: SECTION 1-i COVERAGE A. Insuring Agreement We will pay on behalf of the Insured all sums which the insured shall become legally obligated to pay as damages because of: 1. Bodily injury, 2. Property damage, 3. Personal injury, 4. Advertising Injury, or 5. Employee benefits Injury to which this policy applies caused by an occur- rence that takes place In the coverage territory. The injury or damage must occur during the policy period. We have the right and duty to defend any claim or suit seeking such damages, but: 1. The amount we will pay for damages is limited as described In SECTION V - LIMITS OF LIA- BILITY. 2. We may, at our discretion, Investigate any oc- currence and settle any claim or suit that may result. and 3. Our right and duty to defend end when we have used up the applicable limits of liability in the payment of judgments or settlements. This ap- plies both to claims and suits pending at that time and those filed thereafter. No other obligation or liability to pay sums or per- form acts or services is covered unless explicitly provided for under this policy. 8. ~xclu91on1 1. E9611dfiloft of the pollution Hazard ' We have no obligation under this policy: Form SO 00 02 06 88 Printed in U.S.A. (NS) Copyright Hartford Fire Insurance Company, 1986 Page 1 of 13 (Includes copyrighted material of Insurance Services Office with its permiss on. Copyright, Insurance Services Office, 1982, 1984) _ ~ n,. .,..•,~,,,,_,±~,~';•si•",7~TiLT•.L~'1'L'~^.p►~6'."F,~R~3.. _ _ ~S~ N Y 4. THE HARTFORD a. To Investigate, settle or defend any claim or suit against any Insured alleging actual or threatened Injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard: or b. To pay damages, judgments, settlements, loss, costs or expense's that may be awarded or Incurred by reason of any such claim or suit or any such injury or damage, or in complying with any action authorized by law and relating to such Injury or damage. As used in this exclusion, "pollution hazard" means an actual exposure or threat of ex- posure to the corrosive, toxic or other harmful properties of any solid, liquid, gaseous, or ther- mal pollutants, contaminants, Irritants or toxic substances. including smoke, vapors, soot, fumes, scid3 or alkells, and waste materials consisting of any of the foregoing. 2. Exclusion of the Aobestos Hazard We have no obligation under this policy: . a. To investigate, settle or defend any claim or suit against any Insured alleging actual or threatened Injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the asbestos hazard; or b. To pay, contribute to or indemnity another for any damcgoo, judgments, settlements, loss costs or expenses that may be awarded or Incurred by reason of any such claim or suit or any suFh Injury or damage. or in compliance with any ectlon authorized by law and relating to such injury or damage. As used in this exclusion "asbestos hazard" means: a. An actual exposure or threat of exposure to the harmful properties of asbeetoa; or b. The presence of asbestos In any place, whether or not within a building or structure. t 1.6. THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL 0 ~i GENERAL LIABILITY INSURANCE POLICY - POLICY PROVISIONS T" L Oral or written publication of material that slan- ders or libels a person or organization or dls- parages a person's or organizatlon's goods. products or services; b. Oral or written publication of material that vio- lates a person's right of privacy; c: Misappropriation of advertising Ideas or style of doing business; or d. Infringement of copyright, title or slogan. "Auto" means a land motor vehicle, trailer or semi- trailer dactgned for travel on public roads. Including any attechod mcchlnory or equipment. But auto does not UKAWe tha4'-.:23 equ:prv:; tit. "Bodily trt;'=ry" means bodily Injury, sickness or dis- ease sui lead by a person, including death resulting from any of these at any time, that occurs during the potty pvtod. "Clc!m" means a demand recglved by any Insured for dam%Z0 alleging injury or damage to persons or proparty. including the Institution of a suit for such demcgos against any Insured. "Clahn 9xprni~gm" moans all expenses Incurred by the insured or us In the Invootigotion, negotiation, arbitration, eattismont or dof;nce of any clotm or suit, whether paid by us or the insured, but the term claim expear.-O dons not Include sclarica of the Insured's or our regZr empioyQos or expenses Incurred by the insured for first aid. "Covsmp tGrrltoty" means: a.. The Unitad States of America pncluding its ter- ritories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the Injury or damcgo does not occur In the course of travel or transportation to or from any place not included In a. above; or c. All parts of the world It (1) The Injury or damage arises out of: (a) Goods or products made or sold by you In the territory described In a. above; or (b) The activities of a person whose home is in the territory described in a. above, but Is away for a short time on your busi- ness; and (2) The Insured's responsibility to pay Form 60 00 02 06 Ali Printed In U.S.A. (NS) damages is determined In a suit on the mer- its, in the territory described in a. above or in a settlement w$ agree to. "Damages" means monetouy judgment, award or set- tlement, but does not Include fines or penalties or damsges for which insure;ntle Is prohlblted by law applicable to the construction of this policy. Oentogas because of bodily injury Include damages claimed by any person gr organization f or care, loss of services or death resulting at any time from the bodily Injury. "Employ" benefits Injury" means Injury that occurs during the poacy p.tiod and arises out of any act, error or omission In the administration of your am- playfs benonit prcirrtms. " Employge banom programs" means a formal pro- gram or programs of employee benefits maintained In connection with your business pr operations, such as but not limited tQ Group Ufa Insurance, Group Acci- dent or Health Insurance, Ponsign Plans, Employee Stock Subscription Plans, Workers' Compensation, Unemployment Insurance, Social Security and Dis- ability Benefits. ulnoumd Coofta6t" means: a. A lease of promises; b. A sidetrack agreement; c. An easement or license agreement In connec- tion with vehicle or pedestrian private railroad crossings at grade; d. Any other eaoomont agreement, except in con- nection with construction or demolition opera- tions on or within 60 feet of a railroad; e. An indemnification of a municipality as required by ordinance, except In connection with work for a municipality; f. An elevator maintenance agreement; or g. That part of fatty o't~r contract or agreement pertaining to your business under which you assume the fort liability of another to pay Q damages because of bodily Injury or property damage to • third pcrbon or organization. it the contract or aq=mOnt 18 made prlgr to the bodily Injury or p;cpMrty Ocihage. Tort liability x means a 11a011ity thOt Would be Imposed by law In the absence of any contract or agreement. An Insurod connect does not Include that part of any contract or agreement: a. That indemnities an architect, engineer or sur- Copyright Hartford No Insurance Company, 1986 (Includes copyrighted material of Insurance Services Office with its permission. Copyright. Insurance Services Office. 1982.1984) Page S of 13 . I f F 0 I r ti r 4 /___-1 THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL 0 • GENERAL LIABILITY INSURANCE POLICY - POLICY PROVISIONS i • "Asbestos" means the mineral in any form, including but not limited to fibers or dust. 3. C ta_^?al E201trefand This policy does not apply to: a. Any obligation of the Insured under a work- ers' compensation, disability benefits or un- employment compensation law or any similar law. b. Liability arising out of the rendering of or failure to render professional medical, nurs- ing, dental or paramedical services. c. Liability arising out of or based upon a vio- lation or alleged violation of the Securities Act of 1933 as amended or the Securities Exchange Act of 1934 as amended or any regulation Issued pursuant to any of the foregoing statutes. d. Liablllty arising out of or In connection with an Insured's activities as: (1) An officer, director, partner, trustee or employee of a pension, welfare, profit sharing, mutual or Investment fund or trust, or any related financial concerns; or (2) A fiduciary under the Employee Flebre- ment Income Security Act of 1974 and any amendments thereof or any reguta- Von or orders pursuant thereto. e. Damages claimed for any loss, cost or ex- pense Incurred by the Insured or others for the loss of use, withdrawal, recall, Inspec- tion, repair, replacement, adjustment. re- moval or disposal of: (1) Your product; (2) Your work: or (3) Property of which your product or your work forms a part If such product, work, or property Is with- drawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, Inadequacy or dangerous condition in it. f. Bodily Injury, property datnege, pcroonsl Injury, advertising Injury, or employee ben- efits Injury expected or Intended from the standpoint of the Insured. This exclusion does not apply to bodily Injury resulting Page 2 of 13 1 b from the use of reasonable force to protect persons or property. g. Bodily Injury, pr® orty damage, personal Injury, employee ~b~.~gts Injury or edver- Using Injury sustoln~,d by any person as the result of an occurfonce directly or Indirectly relating to the employment or prospective employment of any person by any Insured. h. Bodily Inihtly or p=.-My dw.=.~-9 (1) for which the Insured Is ob11gpt-,4 to pay damc:joe by re38on of the assumption of liability in g contract or agreement. Thle exclusion dogs not apply to liability for de-mCc-13: (a) AsourlMd In a contract or agree- ment that Is an Irt•q Lmd contract; & (b) That the Insured would have In the absence of the contract or agree- ment. (2) for which any Insured may be held liable by reason of: (a) Causing or contributing to the intox- Icatlon of any person; (b) The furnishing of alcoholic bev- erages to s person under the legal drinking age or under the Influence of alcohol; or W_*N (c) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. Subsection (2) of this exclusion applies only if: (a) The Insured Is In the business of manufpcturing, distributing, selling, serving or furnishing alcoholic bev- erages; or (b) The insured Is Involved in the selling or serving of ¢Icohollc beverages for a charge whether or not the in- sured or the Insured's Indemnitee Is: (1) In business to make a gain or profit from selling or serving such beverages; or (II) Engaged In selling or serving of alcoholic beverages as a means of livelihood. Form SO 00 02 Od 86 Printed in U.S.A. (NS) '1 Copyright Hartford Fire Insurance Company. 1986 (Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Services Off ice. 1982.1984) M PAGEL-IJI I' i' It F17 NOTICE_OY PROPOSED INSTALLATION IN COUNTY RIGHT-OF-STAY _ _ ^ TO THE COKKISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN,'TEXAS 77803 FROHt RM Type Installation, Road, Precinct Aquila Southwest Pipeline Corpord"ing x , Parallel Install. P. 0. Box 2000 Roe.d t TonTcaway Giddings, Texas 78942 Precinct No.: Formal notice is hereby given that (Applicant) proposes to place a (type) 10 inch natural as pipeline within the right-of-way of Road To in Brazos County, Texas as follows: tion The location or description of the proposed installation is more fully shown by three copies of the drawings attached to this notice. SApplicant)Aquila Southwest Pipeline , 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 is in no way responsible for any damage that might occur to any eAisting utility lines in the right-of-way. P 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 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 crossing 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) September 21, 1992 . APPROVED BY COMHIS IONBRS' COURT (Applicant) Aquila Southwest Pipeline Corporation (date approved) 1'Z C az C unty Jud a Company Representative Vic Barnett Brazos County, Texas Telephone No4800) 375-5702 V0 r- 1-.7,0 r' I BRAZOS COUNTY, TEXAS BIRD_nND RD. I I ~l • AUGUSTUS WILLIAMS A - 58 GOEN/A,~' tV Q P~/ 4V C.J ~v~ e\ E PRO SED L01/ PAE98YRE WLN mI ryI O Cb V6 ~0 q ~ 4N O PLAN NOTE: BORE HOLE WILL BE iR NO GREATER THAN 2" 8 LARGER 0. D. OF PIPE - h W A 8 105 d C 8 d O n 10. X .188 W.T STEEL PIPE 16 X .195 W.L SMEL. CASINS PROPOSED HIGH PRESWRE P/LN : 12 X .IM MIT. 51IEEL CAIMNQ bry ANDERSON SCAL E •20' N T.B.M. IS 504 NAIL SET MI 38 3 0 OF ROAD AT STA 52♦ IT a g EL. 100.00 "SUMD pNp~~ T W Q V 0 J W ~ 8 0 J W 108 NATURAL DIRT GROUND ~RA1N LL. 9u" VENT PIPES AND z z I PIPELINE WARNANi 6• MIN. COVER SIGNS ( TYPICAL) a BETWEEN CR OWN OF ROAD W AND TOP PIPE W 95 4161en. 95 • - - - - - PROPOSED PROPOSED CASINGS PIPELINES L90 NOTE KIM PIPELINES TO BE LAID AT SANE ELEVATION PROFILE LOOKING NORTHWEST 2D 1 SCALE NORi. 1".20• NOTES : VERT. 1' • 6' CONTENTS OF PIPELINE: NATURAL GAS CROSSING MODE : BORING MAX OPERATING PRESSURE: LP 5OP.S.I. HP 1000 P.S.1 CASING WILL BE CATHODICALLY PROTECTED CASING WILL BE SEALED AT BOTH ENDS r r 4 STEEPHOLLOW - TEKNA LATERAL AFE 1141-775 MI AQUIIA SoUTHwsT C.L.M 38.3 SMCIFICATICINS 9-12 - 92 - 2.32 LOW PRESSURE : 10•• X 0 lea W.t STEEL 1e Sow 807 16 X 188 WT. STEEL CAS" NOTED HIGH " X 5 .185 WT. STEAL PI[ 15 -16 PRESSURE : 12' X 188 W T STEEL CA304 X90 L ~ P~ ~ ~ ~ 3 _ 1. at 1i i . a NOTICE 'OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY _ TO THE COMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN,'TEXAS 77803 FROM RE: Type Installation, Road, Precinct Aquila Southwest Pipeline Corporation Crossing xx , Parallel Install. P.O. Box 2000• Road: Tonkaway Giddings. Texas 78942 Precinct No.: Formal notice is hereby given that (Applicant) Aquila Southwest Pipeline Cor oration proposes to place a (type) 8" natural gas pipeline steel pipeline within the right-of-way of Road Tonkaway 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. (Applicant,) Avila Southwest Pipeline , 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 is 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- 1 of way in accordance with governing laws. 6. That the line or lines will be constructed no less 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 barricaded during construction period. 9. That the normal charge is $500 per crossing and/or $40 per rod when paralleling the•roadway established by the Coc-missioners' Court on January 28, 1985. Construction of this line will begin on or after (date)September 21, 1992 . APPROVED BY COMKISS ONERS' COURT (Applicant) Aquila Southwest Pipeline Corporation (date approved) a B azo Co my Jud a Company Representative Vic Barnett Braz s County, Texas Telephone No. _(800) 375-5702 ado>,~ T~~S 20~ o ~Z. 0 w. /5 A14/1 /t acld f 19 n-/D i5 Cn o 5 5/ni 6 / .S NEie n- C4Jn Vim. Su~~ESr ~GigGi~/L i vrvn 2 I?. 0. BRAZOS COUNTY, TEXAS BIRO AND RD. AUGUSTUS vQe~. WILLIAMS A - 58 • 11 lull GOEN/~ O PROPOSED LOW PRESSURE WLN ry/ ryI / m A. ~ Y a h pry o0 PLAN NOTE: BORE HOLE WILL BE n NO GREATER THAN 2" LARGER 0. D. OF PIPE - n A 8 yJj 105 O 4 10 X .188 WT STEEL PIPE . 5 16 X -I" WX STEL CASING t PROPOSED NIGH PRESS P/LN . n S: X .18a WT STEEL PIPE L2 X -16111 KT. STEEL CASING w bry ANDERSON i SCALE 1' •20' N T.B.N. IS GOd HAIL SET IN 38 -1 O q. OF ROAD AT STA S2i IT IQ N 9 EL. 100.00 ASSUMED W ~ O W g ~ 105 3 $ 8 p = Q ~ 3 NATURAL - D/wT --Wow,/ GROUND RAIN ~ 97.2' VENT PIPES AND = z ' - - ` P/P£L INE WA RN/N* Q 6' MIN. COVER .916NS ( TI'PQCAL ) F a BETWEEN CR OWN OF ROAD N. > AND TOP PIPE j W 93 A'no 95 W cz~ - - - - - - PROPOSED PROPOSED CASINGS PIPELINES NOTE : BGrH PIPELINES TO BE LAID AT SAME ELEVATION 90 PROFILE LOOKING NORTHWEST 110 1 SCALE HoRZ. 1"520! NOTES : VENT. 1 *a 0' CONTENTS OF PIPELINE: NATURAL GAS CROSSING MODE : BORING MAX. OPERATING PRESSURE: LP 5O P.S.I. NP 1000 P.31 CASING WILL BE CATHODICALLY PROTECTED CASING WILL BE SEALED AT BOTH ENDS • TEEPH OLLOW - TEKNA LATERAL AFE 1141-775 'I AQllILA SOlJTH1AlST 6 C.L.M e!~ 38.3 SPECIFI CATIONS 9 - 12 - 92 2.32 LOW 10" X 188 W. t STEEL P66+E PRESSURE : * X 1 8 T W STEE ' CA8no 807 16 8 . . L NO~p NIGH " X T PIPE TE B ISO * W. . S EL 15 - 16 PREWURE : 12 X tae W T STEEL. CASOM i 14 ' 14. AUGUST 1992 TREASURER'S i 1 i FUND RUM FOND BALANCE INCOMING TOTAL DISBURSED FUND BALANCE INVESTED DAL .IN ACCT. 07/31/92 08/31/92 08/31/92 1 I GENERAL FUND 9,141,401.38 968,147.14 10,109,548.52 1,259,193.57 8,850,354.95 7,745,548.26 1,104,806.69 ROAD 6 BRIDGE GENERAL 2,912,828.14 68,947.73 2,981,775.87 276,139.27 2,705,636.60 2,562,000.00 143,636.60 BOONVILLE CEMETARY 6,967.57 29.44 6,997.01 61.75 6,935.26 0.00 6,935.26 ROAD & BRIDGE 02 735,355.85 1,571.63 736,927.48 2,140.38 734,787.10 600,000.00 134,787.10 C.O. FUNDS 1,169,542.44 1,220.12 1,170,762.56 1,068.63 1,169,693.93 882,000.00 287,693.93 C.O.DEBT SERVICE 570,062.36 1,588.37 571,650.73 0.00 571,650.73 195,000.00 376,650.73 PERM.ffiY.DEBT SVC. 970,490.31 2,084.06 972,574.37 223,116.30 749,458.07 428,000.00 321,458.07 ROAD & BRIDGE DEBT SVC. 118,979.62 4.14 118,983.76 0.00 118,983.76 118,000.00 983.76 CAPITAL PROJECTS 1,066,615.16 85.37 1,066,700.53 18,660.00 1,048,040.53 1,030,000.00 18,040.53 STATE LATERAL ROAD 137,282.57 581.26 137,863.83 916.00 136,947.83 0.00 136,947.83 RECORD MGMNT.6 PRESY. 36,480.66 4,778.52 41,259.18 12,233.33 29,025.85 0.00 29,025.85 LAW LIBRARY 4,166.45 1,981.06 6,147.51 7,052.97 (905.46) 0.00 (905.46) OMNIBUS CRDM CONTROL 168.77 15,213.81 15,382.58 148.77 15,233.81 0.00 15,233.81 APPELLATE JUDICIAL SYS?. 3,310.02 569.53 3,879.55 7.50 3,872.05 0.00 3,872.05 HEALTH DEPARTMENT 102,153.82 28,371.29 130,481.11 47,963.26 82,517.85 0.00 82,517.85 HEALTH 8 LIFE INSURANCE 533,354.45 118,330.49 651,684.94 124,158.34 527,526.60 0.00 571,526.60 DOTAL 17,509,159.57 1,213,459.96 18,722,619.53 1,972,860.07 16,749,759.46 13,560,548.26 3,189,211.20 __-PAGE Ay 4 Iv, 1 • C, • i S ~ f t t , i I~ t f COMMISSIONERS' COURT PUBLIC HEARING t SEPTEMBER 22, 1992 Te Commissioners' Court of Brazos County, Texas held a Public Hearing in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, September 22, 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 Executive Assistant Bea Green Secretary to Commissioners Sharon Fairchild County Auditor Jim Kuboviak County Attorney Ray Truelove Justice of the Peace Pct. 3 Louis Garcia Constable Pct. 4 Anton Dobrovolny Justice of the Peace Pct. 5 Becky Mueck 85th District Court Caroline Hensarling Justice of the Peace Pct. 4-2 Jim Hiney Bryan/College Station Eagle Janice Ray Manpower/NFIB G. T. Andrews Brazos County Resident Elvis Brazos County Resident The County Judge announced that because notice of the Public Hearing had not been posted, there would be no hearing today. He then rescheduled the meeting for Friday, September 25, 1992 at 1:30 p.m. i V b- -PI • The foregoing minutes have been examined and approved in open Court this the AW . day of 191Y, in Bryan, Brazos County; Texas. " . , R. J. H green County Judge Water Wilcox Commissioner, Precinct 2 ~a~ Cary ' ffton(, Comm Toner, Precinct 1 A ttanay ms Commi Toner, Precinct 3 Milton Turner Commissioner, Precinct 4 a%Lcl/ Mary Ann Ward County Clerk . 4 C f