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HomeMy WebLinkAbout2003-06-03-9:00AM-RegularTONY JONES G.RENNYMNIARD,JR, Precinct 1 Precinct 3 361-4106 Brazos County Commissioners Court F- ti-min 1. Lj E. DUANE PETERS RANDY SIMS County Judge CAREY CAULEY, JR. Precinci 2 (979) 3614102 }}~p recinct 4 361-4115 1003 MAY S44FD 4. ar;~;Ei t' 7~y•CUUNTY9LE K BRYAN. TEXg NOTICE OF MEETING ez,f AND AGENDA oEPtJiy BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY 3 JUNE 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard 2. Call for citizen input and/or concerns. Consider and take action on agenda times 3 - 14: 3. Proclamation with Brazos County, City of Bryan and City of College Station regarding health fair on 5 June 2003 sponsored by all three entities. 4. Termination of Bond Counsel Service Agreement with Akin Gump Strauss Hauer & Feld LLp and authorization for Akin Group to transfer Brazos County's files to Paul Martin. 5. Approval of Bond Counsel Service Agreement with Winstead, Sechrest & Minick, P.C. 6. Set speed limit on Greens Prairie Trail from Lexington to Royder Road. Site is in Precinct 1. 7. Set speed limit on Greens Prairie Trail from Royder Road to Woodlake Drive. Site is in Precinct 1. 8. Approval of the County Treasurer's Report for the month of April 2003 9. Budget Amendments 02/03-29.1 - 02/03-29.3 10. Payment of Claims 11. Personnel Change of Status 12. Blanket Purchase Order Brazos County Courthouse • 300 East 26th St. • Suite 106 • Bryan, Texas 77803-5327 • Fax: (979) 823-6993 e VOL 5 PAGE 1 Commissioners Court Agenda 3 June 2003 Page 2 13. Request by Road & Bridge Dept. to crater Charles & Vicky Gewalt's property located off Wheelock Hall Road for the purpose of securing e temporary work space for the replacement of the bridge structure on Wheelock Hall Road. Site is located in Precinct 2. 14. Request from Patterson Petroleum LP to construct a road bore to install a natural gas gathering pipeline in the right-of-way of Ficky Road approximately 3,000 feet from State Highway 21. Site is located in Precinct 2. 15. Announcements of interest items and possible future agenda topics. 16. Agenda / Board / Committee reports by Court members. 17. Call for citizen input and/or concerns. 18. Adjourn The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two busness days prior to the meeting. To make arrangements, call (979) 361-4102. VOL_~PAGE.LLI-c TONY JONES °P G.KENNYMALLARD,JR. 361-4106 Brazos County Commissioners CgUiIED 36i 4105 E. DUANE PETERS RANDY SIMS Precinct 2 Cc;'qty Judge jpI}~ MAY CAREY CAULEY, JR. Precinct (979) 36:-4102 30 A IIPrect 4 361-4111 'UgTy BRYAN- EXAS : NOTICE OF ADDENDUM FY .DEP117y TO THE AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY 3 JUNE 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. In addition to the regular agenda, the Commissioners Court will consider and take action on the following item(s): 1. Order No. 2003-001 Prohibiting Outdoor Burning in Brazos County 2. Order No. 2003-001 Restricting Use of Fireworks in unincorporated areas of Brazos County, Texas. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two busness days prior to the meeting. To make arrangements, call (979) 361-4102. Brazos County Courthouse • 300 East 26th St. • Suite 106 • Bryan, Texas 77803-5327 • Fax: (979) 823-6993 VOL y5 PAGE ) COMMISSIONERS' COURT REGULAR MEETING JUNE 3, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, June 3, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1, Absent; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the following spoke: 1. Dan Bates chastised the Court about being nothing more than window dressing. He claimed that he would no longer ask questions of the Court but would make statements on issues without concern for who was in the audience. He claimed he had been verbally attacked by the wife of an elected official. 2. Bridgenette Johnson was concerned about excavation going on in her community and that a trailer park is to be built in the area of Kuder Road in Precinct 4. She voiced concern over there being a VOL tL6- PAGE I/~ Commissioners Court meeting June 3, 2003 2 sewage problem, reduced property values and a problem with the property being in a flood plain. 3. The County Judge asked if the Road and Bridge Department had seen a plat on this. They replied that they hadn't. They were asked to look into this issue. The County Judge read aloud a Proclamation designating the month of June as "National Health and Safety Month". The Court joins with the mayors of Bryan and College Station to continue to support all efforts that reduce the number of workplace injuries and deaths while promoting a healthy work environment. On motion by the County Judge, seconded by Commissioners Peters, Mallard and Cauley, the Court moved to proclaim June 2003, as "National Health and Safety Month" throughout Brazos County and to support the June 5th City of Bryan, City of College Station and Brazos County Health & Safety Expo. The County Judge then presented the signed Proclamation to Ms. Marci Hosking, representing the Brazos County Health Department. The Court next considered termination of the Bond Counsel Service Agreement with Akin, Gump, Strauss, Hauer & Feld LLP and authorization for Akin Group to transfer Brazos County's files to Paul Martin. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to terminate the Bond Counsel Service Agreement with Akin, VOL q s- PAGE i c~ Commissioners Court meeting June 3, 2003 3 Gump, Strauss, Hauer & Feld LLP. The Court proceeded to consider the approval of Bond Counsel Service Agreement with Winstead, Sechrest & Minick, P. C. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Bond Counsel Service Agreement with Winstead, Sechrest & Minick, P.C. A copy is attached. The Court proceeded to set speed limits on Greens Prairie Trail from Lexington to Royder Road in Precinct 1. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to set the speed limit at 60 miles per hour. The Court continued with setting the speed limit on Greens Prairie Trail from Roder Road to Woodlake Drive in Precinct 1. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to set the speed limit at 60 miles per hour. On motion by Commissioner Cauley, seconded by Commissioner Peters., the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for April 2003. A copy of which is attached to and made a part of these minutes. VOL zl-,,5- PAGE 0 Commissioners Court meeting June 3, 2003 4 The Court next considered Budget Amendment #02/03-29.1 through 29.3, which would reallocate funds for Juvenile Services/TYC position, TJPC Community Corrections Grant/Juvenile Services and Narcotics Task Force. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20042786 through 20042843 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes as submitted. The Court proceeded to consider the following blanket Purchase Order: Scarmardo Produce Juvenile Services $1,800.00 On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to approve the VOL y s PAGE /0 Commissioners' Court meeting June 3, 2003 Blanket Purchase Order as submitted. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Charles and Vicky Gewalt on Wheelock Hall Road in Precinct 2 to secure a temporary workspace for the replacement of the bridge structure on Wheelock Hall Road. The County Engineer stated that if necessary, a temporary fence will be constructed and some brush and trees possibly removed to accommodate the bridge replacement project. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court next considered the request from Patterson Petroleum LP to construct a road bore to install a natural gas gathering pipeline in the right-of-way of Fickey Road approximately 3,000 feet from State Highway 21. The site is located in Precinct 2. Included with the request was a company check number 1426 in the amount of $500.00. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the 5 VOL y ~s PAGE l V a Commissioners' Court meeting June 3, 2003 6 Court voted unanimously to approve the request by Patterson Petroleum and authorized the installation. A copy of the request is attached hereto. The Court next considered the addendums to the agenda. Addendum Number 1 was adopting an Order Prohibiting Outdoor Burning in Brazos County. This is necessitated due to the drought index being at 507 with indications that it could rise to well over 600 by the 6th of July. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt an Order Prohibiting Outdoor Burning In Brazos County to be effective June 4, 2003. A copy is attached. Addendum Number 2 was adopting an Order Restricting the Use of Fireworks in unincorporated areas of Brazos County, Texas. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt an Order restricting the use of fireworks in unincorporated areas of Brazos County. The County Judge read the Order describing specifically what fireworks are banned. A copy is attached. The Judge then read the Order Prohibiting Outdoor burning. On motion by Commissioner Cauley, seconded by Commissioner Peters, the VOL 1}s- PAGE 3 Commissioners' Court meeting June 3, 2003 Court voted unanimously to readopt the order. The County Treasurer asked the Court to reconsidered payment of claims and rescind the original motion and second and approve the following correct claims numbers: 20042658 through 20042844 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to rescind the previous motion and second and approve the above referenced claims. 7 Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) There will be no Commissioners Court meeting next week. Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) He received a copy of a letter going to Koch, Inc. informing them that they owe Brazos County money for taxes as a result of not meeting contract obligations for tax abatement. b) He received a letter informing him that Emergency Management had been awarded a grant and the director would like to use funds for some Capital items. c) He received an E-Mail from John Happ, Manager of Easterwood Airport saying that traffic had dropped tremendously after September 11tH VOL 4 f~- PAGE I ~ / Commissioners' Court meeting June 3, 2003 Under citizen input and/or concerns the followiiq spoke: a) Dan Bates was promised by Dean International in March that he would be given a copy of the minutes of the High Speed Rail meeting. He was later told that he would not be provided the minutes due to the fact that they are a private entity and have no requirements to provide minutes. Mr. Bates asked why he was lied to. He then stated that he had contacted the Attorney General's office and was told to contact the District Attorney. He said this should raise a red flag. b) Demetrios Basdekas said that Mr. Bates' statement had struck a sensitive cord with open meetings. He would like the Court to do something about this by looking into this matter. 8 There being no further business to come before the Court, the meeting was adjourned. VOL Li fs PAGE / ~2 s" The foregoing minutes of the Commissioners Court meeting held June 3, 2003 have been examined and are approved in open Court this the day of , 2003, in Bryan, Brazos County, Texas. Y Randy ms Count Judge Duane Peters Commissioner, Precinct 2 Carey C uley, Jr. 4 Commissioner, Prec V, Attest: aren McQueen County Clerk Commi3siofier, Precinct 1 Kenny Mall Commissioner, Precinct 3 VOL zE,6- PAGE J') 4 r ' U BRAZOS CO TY'COMMISSIONER COURT MEETING ON .3 200 AT NAMES r OR ANIZATI N/D P T T Ai 1 ,Allr 34 J Cwt 67t 5;1 A/ Z Juvund VOL PAGE J 7 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 -3 AT 7'oo M VOL 9~ PAGE / 28 BOND COUNSEL SERVICL' AGREEMENT The purpose of this agreement is to set forth the basis of engagement of WmstPad Sechrest & Minick P.C. ("Bond Counsel') by Brazos County, Texas (the "Issuer") for professional services to be rer.J,cred as Bond Counsel 4,11 connection with the authorization, sale, and delivery of bonds, notes, or other evidences of indcbtedness (herein for easy of reference called "bonds") by the Issuer. Unless specifically modified herein, Bond Counsel's :Standard Terms of Enga.*_ement for Legal Services, attached hereto as Exhibit A, shall spply to this agreement. lhi agreement supercedesall previous agreements whether written or oral. Bond Counsel Services. Bond Counsel will perform all usual and necessary legal services in such capacity. Specifically, Bond Counsel will prepare and perform legal proceedings and perform other necessary legal services with reference to the authorization, sale, and delivery of bonds, including the following: 1. Prepare documents calling any bond election, giving notice thereof, and canvassing the results. 2. Prepare all resolutions, ordinances, and other instruments pursuant to which bonds will be authorized, sold, and delivered in consultation with the governing body and other representatives of the Issuer, the managing Underwriter, if any, and any other person as directed by the Issuer. 3. Prepare any agreements authorizing or securing the bonds, including any trust indentures if necessary. 4. Attend meetings of the governing body of the Issuer to the extent required or requested with reference to the issuance of the bonds. 5. Attend meetings with prospective bond purchasers and meetings with bond rating agencies to the extent required or requested. 6. Assist in obtaining loans, credit enhancement, or other related services from federal or state agencies or private institutions. 7. Cooperate with the Issuer and its consultants in the preparation of official statements or other securities laws disclosure documents, including review of the information therein describing the bonds, the security therefor, and the federal income tax status thereof. 8. Obtain approval of the bonds and the project to be financed, if necessary, from the Attorney General of the State of Texas and registration of the bonds by Comptroller of Public Accounts of the State of Texas. 9. Supervise the execution of the bonds and delivery thereof to the original purchasers. 10. When the bonds are delivered, render an opinion (the "Opinion") covering the validity of the bonds and the tax exempt status of the interest thereon under federal income tax laws. 11. Provide follow-up advice concerning various subjects such as the application of bond proceeds, new developments in the law concerning bond issues, and changes in industry practices. Bond Counsel is not responsible for any continuing disclosure requirement under the federal securities laws; for any arbitrage calculation or rebate under federal income tax laws; for any audit by the Internal Revenue Service; nor for any litigation or other dispute that may arise from the bonds being issued or the use of the proceeds thereof. The Opinion will be based on facts and law existing as of its date. In rendering such Opinion, Bond Counsel we will rely upon the certified proceedings and other certifications of public officials, and other persons, furnished to it without undertaking to verify the same by independent investigation, and Bond Counsel will assume continuing compliance by the Issuer with applicable laws relating to the Bonds. During the course of this VOL ~/S PAGE 1,30 engagement, Bond Counsel will rely on Ll7o issuer to provide Bond Counsel with complete and timely information on all developments pertaining to any aspect o bonds and their security. Bond Counsel understands that the Issuer will direct members of its staff and other employe- of the Issuer to cooperate in this regard. Bond Counsel Compensation. We recognize that our fees a~ Bond Counsel must always be reasonable in the circumstances and that, in accordance with municipal bond industry prac, ce, the Issuer may desire to have Bond Counsel's fees clearly spelled out and agreed upon in advance of issuing bonds. Bond Counsel agrees to negotiate a fixed fee upon the commencement of any financing. Such fees will based upon: (i) the terms, structure, size, and schedule of the financing represented by the bonds; (ii) the duties Bond Counsel will undertake; (iii) the time Bond Counsel anticipates devoting to the financing; and (iv) the responsibilities Bond Counsel will assume in connection therewith. Bond Counsel's fee may vary: (a) if the principal amount of the bonds actually issued differs significantly from the amount originally contemplated; (b) if material changes in the structure or schedule of the financing occur; or (c) if unusual or unforeseen circumstances arise which require a significant increase in time or responsibility of Bond Counsel. Bond Counsel will promptly advise the Issuer of any circumstances that require an adjustment of Bond Counsel's original fee. Bond Counsel fees will be payable at the time of the delivery of, and payment for, the bonds. Fees do not include actual expenses and disbursements reasonably and necessarily incurred by Bond Counsel. Bond Counsel will not bill for any significant or unusual expense unless an authorized representative of the Issuer has previously authorized such expense. The compensation or reimbursement of Bond Counsel under this agreement shall be due and payable only out of the proceeds of the sale of bonds or other funds of the Issuer available for such payment; there shall not be individual liability on any member of the Issuer's governing body, or other official of the Issuer, for payment of any amounts due hereunder. This agreement may be terminated by either party at any time, in which event, Bond Counsel will expect to be paid any compensation earned and expenses incurred to the date of such termination. Other Legal Services. The fees discussed above do not include any special services or significant projects outside the scope of traditional legal services performed by Bond Counsel. If specifically requested in writing by a duly authorized representative of the Issuer, and approved by the Issuer to so act, Bond Counsel may act as "special counsel" to the Issuer within its fields of experience and will provide legal services not normally included in the legal services performed by Bond Counsel. The fees for such services would be on a time charge basis and payable monthly, unless otherwise agreed. Conflicts of Interest. The Issuer is advised that we represent other public entities as Bond Counsel and that we represent other participants in the public finance industry (e.g. underwriters, credit enhancers, and trustees) in transactions not involving the Issuer. By acceptance of this agreement, the Issuer agrees that such representation does not represent a conflict of interest for Bond Counsel. Attorney-Client Relationship. Upon execution of this agreement, the Issuer will be a client of Bond Counsel and an attorney-client relationship will exist between them. Bond Counsel assumes that all other parties to any transaction will retain such counsel as they deem necessary and appropriate to represent their interests therein and that that all other parties understand that in any transaction Bond Counsel represents only the Issuer, Bond Counsel is not counsel to any other party, and Bond Counsel is not acting as an intermediary among the parties. The services as Bond Counsel are limited to those contracted for in this agreement; and the Issuer's execution of this agreement letter will constitute an acknowledgement of those limitations. Bond Counsel's representation of the Issuer will not affect, however, its responsibility to render an objective bond opinion. Bond Counsel's representation of the Issuer and the attorney-client relationship created by this agreement will be concluded upon issuance of the bonds or termination of this agreement, whichever comes last. Nevertheless, subsequent to closing, Bond Counsel will mail the appropriate Internal Revenue Service Form 8038 and prepare and distribute to the participants in the transaction a transcript of the proceedings pertaining to the bonds. VOL 95-PAGE/31 Records. Upon the request of the Issuer, papers and property furnished by the Issuer will be returned promptly by Bond Counsel upon receipt of payment for outstanding fees and client charges. Bond Counsel's own files, including lawyer work product pertaining to the transaction, will be retained by Bond Counsel. For various reasons, including the minimization of unnecessary storage expenses, Bond Counsel reserves th@,right to dispose of any documents or other materials retained by it after the termination of this agreement. THE STATE BAR OF TEXAS INVESTIGATES AND PROSECUTES PROFESSIONAL MISCONDUCT COMMITTED BY TEXAS ATTORNEYS. ALTHOUGH NOT EVERY COMPLAINT AGAINST OR DISPUTE WITH A LAWYER INVOLVES PROFESSIONAL MISCONDUCT, THE STATE BAR'S OFFICE OR GENERAL COUNSEL WILL PROVIDE YOU WITH INFORMATION ABOUT HOW TO FILE A COMPLAINT. PLEASE CALL 1-800-932-1900 TOLL-FREE FOR MORE INFORMATION. BRAZOS COUNTY, TEXAS WINSTEAD SECHREST & MINICK P.C. By Nai Title: ;5 (1 L By y M. Paul Martin Shareholder EXHIBIT A - Standard Terms of Engagement for Legal Services VOL il&-PAGE 13.2- WINSTEAD SECHREST & MINICK P.C. Standard Terms of Engagement for Legal Services Introduction This statement contains the standard terms :.`.our engagement as your lawyers. Unless modified In writing by mutual agreement, these terms will be an Integral part of the letter to -,bich this statement is attached (collectively, "Engagement Letter"). Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions. We suggest that you retain a copy of the Engagement Letter in your file. Scone of Winstead's Reoresentatioa lie scope of legal services we will provide is described in the accompanying letter. Any questions that you have should be addressed to us immediately. We will at all times act on your behalf to the best of our ability. Depending upon the scope and requirements of the engagement we may perform certain services in a jurisdiction other than where our lawyers are admitted, and you agree to the performance of these services. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such expressions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. It is our policy that the person or entity that we represent is the person or entity that is identified in our Engagement Letter and does not include any affiliates of such person or entity, unless specifically referred to (i.e., if you are a corporation or partnership; affiliates include any parents, subsidiaries, employees, officers, directors, shareholders or partners of the corporation or partnership, or commonly owned corporations or partnerships; or, if you are a trade association, affiliates includes any members of the trade association). It is also our policy that the attomey-client relationship will be considered terminated upon our completion of any services that you have retained us to perform If you later retain us to perform additional services, our attorney-client relationship will be revived subject to these terms of engagement, as they may be supplemented at that time. You agree to cooperate fully with us and to promptly provide all material information known or available to you relevant to our representation. Approach to Providine Services Customarily, each of our clients is served by a client relationship attorney (the "Client Relationship Attorney"). The Client Relationship Attorney should be someone in whom you have confidence and with whom you enjoy working; you should assume the attorney sending the Engagement Letter is the designated Client Relationship Attorney. You are free to request a change of Client Relationship Attorney at any time. Subject to the supervisory role of the Client Relationship Attorney, the work or parts of it may be performed by other lawyers and support personnel in the firm. Such delegation may be for the purpose of involving lawyers or support personnel with special experience in a given area or for the purpose of providing services on the most efficient and timely basis. Whenever practicable, we will advise you of the names of those attorneys and support personnel who work on your matters. If you are concerned about our performance or the performance of the Client Relationship Attorney, you may call our Chief Executive Officer at (214) 745-5400, or Loma Pollock, our Executive Director, at (214) 745.5770. Establishment of Fee Structure in determining the amount to be charged for the legal services we provide to you, we will consider: 1. The time and effort required, the novelty and complexity of the issues presented, and the skill required to perform the legal services properly; 2. The fees customarily charged in the community for similar services and the value of the services to you; 3. The likelihood that our representation will preclude other employment by the firm; 4. The amount of money or value of property involved and the results obtained; 5. - The time constraints imposed by you as our client and other circumstances, such as an emergency closing, the need for injunctive relief from court, or substantial disruption of other office business; 6. The nature and longevity of our professional relationship with you; and 7. The experience, reputation and ability of the lawyers performing the services. Among these factors, the time and effort required are typically weighed most heavily. We will keep contemporaneous records of the time we devote to your work, including conferences (both in person and over the telephone), negotiations, factual and legal research and analysis, document preparation and revision, travel on your behalf, and other related matters. We record our time in units of tenths of an hour. The hourly rates of our lawyers and support personnel have an important bearing on the fees we charge. The range of our hourly rates for attorneys, patent agents, and paralegals is as follows: Attorney $160 - $650/hour Patent Agents $130 - $175/hour Paralegals 5115-SI85/hour lint 45-PORF /53 These rare: are adjusted periodically, typically on an annual basis, to reflect cu:_+r t levels of experience, changes in overhead costs, and other factors. We are often asked to estimate the amount of fees and costs likely be incurred in connection with a particular matter. If requested we w 1 endeavor to furnish such an estimate based upon our professional jcclgment, but always with a clear understanding that it is not, unless othcrvise agreed, a maximum or fixed-fee quotation. The ultimate cost frequently is more or less than the amount estimated. For certain well-defined services (for example, a simple business incorporation), we may quote a flat fee. It is our policy not to accept representation on a flat-fee basis except in such defined- service areas or pursuant to a special arrangement tailored to the needs of a particular client. In undertaking representation of a client on a contingent fee basis, any such contingent fee arrangement must be reflected in a written contingent fee agreement Potential Conflicts You should be aware that we represent many other companies and individuals. It is possible that during the time that we are representing you, some of our present or future clients may become involved in transactions or disputes with you. You agree that we may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to our work for you even if the interests of such clients in those other matters are directly adverse. We agree, however, that your prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as a result of our representation of you, we have obtained proprietary or other confidential information of a nonpublic nature, that, if known to such other client, could be used in any such other matter by such client to your material disadvantage. You should know that, in similar circumstances with many of our other clients, we have asked for similar agreements to preserve our ability to represent you. You agree that our representation of you in this matter does not give rise to an attomey-client relationship between us and any of your affiliates, unless specifically set forth herein. You also agree that during the course of our representation of you, we will not be given any confidential information regarding any of your affiliates unless you believe it necessary to do so. In such circumstances, you agree to identify such information as being confidential and discuss your reasons for revealing it with us prior to disclosing the information. Accordingly, in most instances, representation of you in this matter will not give rise to any conflict of interest in the event other clients of the firth are adverse to any of your affiliates. Additional Services We Provide We arc a progressive business law firm As such, we frequently offer business services, many at no charge, that -provide significant value to our clients and friends. For example, we produce a variety of advisories that offer timely insights and legislative updates on a variety of issues. These issues range from land use, real estate, environmental, labor and employment, to tax, intellectual property and other matters from time to time. We conduct seminars on a variety of topics at various locations, including the offices of our clients. Information recei-. Pd through these advisories and seminars are not to be considered as legal advice for any particular legal matter. We can provide our clients with networking opportunities with bankers, accountants and other community and business leaders. We conduct interviews to gain feedback from our clients on services we provide. We share information about community non-profit organizations and opportunities for community involvement. We have internal resources to provide in-depth marketing, financial and business research. We make our offices available for business meetings and video conferences. We are continually exploring ways to better serve our clients and we value your input. Services We Exoressiv Do Not Provide to You Members of our law firm, whether attorneys, paralegals, or other persons employed by the firm are from time to time serving in elected or appointed positions with various governmental or regulatory bodies at the federal, state, county, municipal, or local level. Such service could include, but is not limited to, service in the United States Congress, the Texas Legislature, as a board member of a State of Texas agency, board, or commission or the executive branch of state government, as a county commissioner, mayor, city council member, alderman, as a member of a planning and/or zoning board in charge of land use and entitlement issues, or a board of adjustment or variance. Members of our law firm must discharge those duties without regard, to their employment or association with the firm, and more importantly, it would be a prohibited conflict of interest for them to give any special consideration, benefit, or access to you or any other client of the firm by virtue of your engagement of the fun in any capacity, including the actual lobbying of any such governmental body or agency. Accordingly, you acknowledge and confirm that this engagement of the firm is not in consideration for or in contemplation of any expected benefit to be derived from the activities of such persons in elected or appointed positions. You also understand that in the course of such public service these persons may be called upon to take positions, cast votes, adopt rules and regulations or otherwise act in a manner adverse to your actual or perceived business interests and you acknowledge that such events are not conflicts of interest or ethical violations of the fan's duties to you as a client. You further acknowledge that in the course of the firms engagement by other clients expressly for lobbying any governmental body at the federal, -state, county, or municipal level we could be advocating positions or attempting to achieve outcomes or results for such clients that could adversely affect you or your industry (often without our knowledge) and your engagement of the law firm for the legal services contemplated herein does not, in and of itself, create a conflict of interest or ethical violation by virtue of our lobbying activities. We further do not undertake or assume any duty to advise you as to what clients or positions we have undertaken to represent in any lobbying role or engagement or any duty to explore with you those issues of interest to you or your industry, that if taken or advocated by us on behalf of our lobby clients, would be detrimental to you or your industry. Billing Amaneements and Terms of Payment We will bill you on a regular basis, normally each month, for both fees and disbursements. You agree to make payment within VOL '~5 PAGE / 3`f 30 days from the date of invoice unless other billing arrangements have been agreed to in writing. Moreover, you agree that your obligation to pay our fees is not dependent on the outcome of our legal representation. We offer an incentive for prompt payment to clients who have agreed to pay us our stanar-d hourly fees on a monthly basis. If we receive payment in full within 10 days of an invoice date we will issue a credit on the following mono: ; invoice equal to I% of the fees charged on the previous invoice. In the case of a final invoice, a refund check will be issued. We will give you prompt notice if your account becomes delinquent, and you agree to bring the account or the retainer deposit current. If the delinquency continues and you do not arrange satisfactory payment terms, we may terminate the representation. In litigation matters, our ability to terminate or withdraw from the case may be subject to court approval. We reserve the right to pursue collection of any unpaid balance of your account. You agree to pay the costs of collecting the debt, including court costs, filing fees and a reasonable attorney's fee. Additional Charees Typically, we will charge our clients not only for legal services rendered, but also for other ancillary services provided. Examples include charges for in-house messenger deliveries, computerized research services, and the use of our facsimile, laser printing, and photocopy machines. While our charges for these services are measured by use, they do not, in all instances, reflect our actual out-of-pocket costs. For many of these items, the true cost of providing the services is difficult to establish. While we are constantly striving to maintain these charges at rates that are lower than those maintained by others in our markets, in same instances the amounts charged may exceed the actual costs to the firm. The current costs for some typical additional services are as follows: Standard Duplication S.18/page' Facsimile $1.00/page' Messenger, Postage, Computer Assisted Research At cost** Long Distance Telephone At cost** 'These charges represent our best estimate of our actual direct cost incurred for material, manpower, and equipment usage. Oversized and other unusual duplication may be charged at a higher rate. **Cost is determined using standard rate scales of the vendors of these products. In addition, we generally will disburse funds on your behalf for filing fees, overnight deliveries, necessary travel and other miscellaneous items w required to complete the scope of our services. We will bill you at actual cost for these types of expenses. When disbursements are significant, we often request that you pay the vendor direct. If you would prefer, in some situations we can orange for ancillary services to be provided by third-parties with direct billing to you. Fees and expenses of others, such as governmental verification, lien searches, consultants, appraisers and local counsel, are required to be paid directly by you unless agreed otherwise. Retainer ant Cnents' Funds In accordance with Finn p .licy, we have asked you as a new client to provide a retainer depos:, and the engagement letter for a new client and/or client matter wiil .'.ate the amount of the retainer and any special agreement regarding the retainer. By providing a retainer, you grant us a security interest is iI:e amount of the retainer deposit. Typically, the retainer is equal to the f-s and costs likely to be incurred during a two-montb period of anticipated peak activity on your behalf. Unless otherwise agreed, the retainer deposit will be credited toward your unpaid invoices, if any, at the conclusion of services, and you will be expected to pay our bills within 30 days as provided above. If our bills are not timely paid, we may apply the retainer to those unpaid bills. At the conclusion of our legal representation or at such time as the deposit is unnecessary or is appropriately reduced, the remaining balance or any appropriate part of it will be returned to you. If the retainer deposit proves insufficient to cover current expected expenses and fees on at least a two-month basis, it may have to be increased. Any understanding regarding a retainer deposit, which is inconsistent with the foregoing, must be expressly confirmed in the engagement letter or subsequent written communication from us. Retainer deposits which are received to cover specific cost items will be disbursed as provided in our agreement with you, and you will be noted from time to time of the amounts applied or withdrawn. Any amount remaining after disbursement will be returned to you. All retainers and clients' funds are held in clients' funds accounts in trust for your benefit at financial institutions in Texas. The name and address of the financial institution holding your funds will be provided to you upon you request. If the deposit, whether it be a retainer or other amount which we will hold for you, represents a significant amount and/or will be held for a long period of time, the deposit may, at your request, be placed in a segregated account (or other form of investment approved by you) provided that you supply us with a tax identification number and other necessary information. Interest earned on the segregated clients' funds account will be added to the deposit for your benefit and will be included in your taxable income. When the funds are small or are to be held for only a short period of time, it is our practice to place the funds in a pooled account maintained in accordance with State Bar of Texas rules. Unless you instruct us otherwise, we will follow the above practices with respect to client funds held on your behalf. Ouestlons About Your Bill If you disagree with the amount of our fee, please take up the question with the Client Relationship Attorney or with our Chief Executive Officer or Executive Director. Typically, such disagreements are resolved to the satisfaction of both sides with little inconvenience or formality. Endine Your Relationship With Us You may terminate our representation at any time, with or without cause, by notifying us. If we terminate the engagement, VOL ~ 5 PAGE 13- we will take such steps as are reasonably practicable to protect your interests with respect to the scope of our representation. If pemrission for withdrawal is required by court, we will promptly apply for such permission, and you agree to engage successor counsel to represent you. Unless previously terminated, our representation of you with respect to the =greed upon scope of representation will terminate upon sending you oav final statement for services rendered. Following such termination, cny otherwise nonpublic information you have supplied to us, which is retained by us, will be kept confidential in accordance with applicable rules of professional conduct. Your papers and property will be returned to you upon receipt of payment for outstanding fees and costs unless a court orders otherwise. We will retain our own files, including lawyer work product, pertaining to the representation. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any documents or other materials retained by us five years after the termination of the engagement. You are engaging us to provide legal services in connection with an agreed upon scope of representation. After completion of the representation, changes may occur in the applicable laws or regulations that could have an impact upon your future rights and liabilities. Unless you actually engage us after the closing to provide additional advice on issues arising from this representation, we have no continuing obligation to advise you with respect to future legal developments. VOL L/5-PAGE a N C d N N w : ~ V P VI A A A ~ d W W W N N N N N O O O VI O O V P VI N N O lp W VI A N Y O b W V P VI A W N 41 m < G ~ m c O n a 3 p O v C n mO nO T v S O z V 11 -1 Z O m W c ^ O 2 g C C m m W C f1 m c m W V 0 2 T m y K A D p T O r O y t[I m L 1 An f a ~p 3 z a m S p c C Om p ~ m m oo j 1 1~ Z ~ vy T t P m Z A p A j 1 rtl y p ~ y z z m ~ 0 In y C p -1 vl T c D m v i m -1 T J C 3 p p O p ❑ C C z A O C 3 uu ff _ p K t t 2 N T s m p m l~l O c m 3 ^ ' S p Z m 0 D T $ O zz y z .mo v z b z z m z z o S k~ m o O O O z O m c z p m m m m p z 3 m 2 D N o Z p 3 m O 5 2 ti 3 m K ~ 2 C Z C O Z O a N F ~ V ` :j' N yl -0 VI V V1 W N VI V V Y N W V W -0 p -0 pp V W Y N V N P VI W A Y U1 P P W b N W W VI -0 0 \ W ~ Ol Y b P W N ~ VI VI S W O~ P O N Y O W N O V Y W b tp VI O1 V t l1 1 0 \ D N : N d b A : V V -0 P $ m p Vp~~ W N O W 10 S W p AJ P W tf/J~ N N VWI pW~ P ImV N b N IWJ b O D O P V V VI O T Ol b -0 N VI N V O V ;P Vl W A A N .A W Uf O VI z W b b N Y b m m W Y+ N p ~ W W pql r W ~ S V 1 ~ p W VI P Y P b W r O V S W V W S b P to V m Y T w O A N b A ~O O P W A W N p ~ : (A P VI P N b V N Y W W b 10 3 t-0II W W N W bW r W A W Vt b A p O W S V V N W W 0 V w V « ~ 0 : V N N to W ~O V A N O~ A Y VI N N b O O O V N O P W N N pJ N P b V 1D Y W N V1 Cpl V W Vl 0 A V1 Vn V b V i P b ~ V O VI O b O lO P b A W VI VI V N N W P V b O N V V V N A + O ~ ~ Y y (11 {p W P W N N W P T ' N . 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N d A O m O A p /1 Y A W V 10 Vl A W N N {!1 W P W In V Y N V A N lO N W L W .j Y W Ol 1p W N Vl W W V A Y V W r` V P V1 ~ P V P W 1D W O W 0 q ; W W W A O A W N W W P O N Y O d Vl W P W W Vl N N V O D N ~ 8 W p J N p ~ A S N W S m N O = . to to P W Ol W VI 10 VI O O b p> Vl O VI W O W W O w N W W N w w m V W A V W P P A 10 V N N W W 10 In V b P 1D W In m Ol W V W O V Vl 1D O W O P V A N W N W W 10 Vl W VI V VI a = W ~ p N N pN lwy ~ m N V O W .P T d W Vl W d V A N A W O Q V I P P b W N N p . d W O O W Ol N 1WD N V Y vl .o W V W V ~ W b P W W N V y1 A (y N M V W A V A Y r Y P N P Ut W y P VI V P W lp 1D pp O~ V ~ N : (A W W d O A W N W W O N N Y Vl A Vl W P r t W W VI O N N A N N .p N m N P O ~D V S .P O V p~ to ~O b P W V N S Vl w ~~DD d m ~~pp d yy 0 Y W O V V N V oO A WW V -0 (A W O O o w In m W ~ w W N In b In w v o w w b m vl ill W o o N A o W O g W V N P N W W V W V W W V . A W V O W V W P 10 P O L W VI N V P N V N A N [p pJ N . P W f p b (Ojl 4b/1 W P r a 9 O W C m p y m 0 y 13~ VOL 45 PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-29.1 6/3/2003 FD DIV ACCT "ROJ ACCOUNT NAME Increase Decrease 01 310100 516100 DR Re ular Pa - Hourly $ 1,341.00 01 310100 531000 DR Social Security 110.00 01 310100 532000 DR Retirement 150.00 01 310100 538000 DR Worker's Compensation 10.00 01 310100 710400 CR Contract Placement 1,611.00 TYC To reallocate funds from Contract Placement to Salary and Benefits due to an employee changing positions from Juvenile to TYC and another employee changing positions from TYC to the State Aid Grant. The salary for the em to ee that is chan in to the position in TYC will be more than the current position is budgeted. 01 NMI ~M VOL `F PAGE I-39 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-29.2 6/3/2003 FD B117 ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 3161 ' 516100 316103 DR Regular Pa - Hourly $ 2,025.00 30 3161 531000 316103 DR Social Security 155.00 30 3161 532000 316103 DR Retirement 230.00 30 3161 538000 316103 DR Worker's Compensation 10.00 30 3161 710400 316103 CR Contract Placement 2,420.00 TJPC - COMMUNITY CORRECTIONS GRANT To reallocate funds from Contract Placement to Salary and Benefits due to an employee changing positions from to the Community Corrections Grant and another employee changing positions from Community Corrections to Juvenile. The salary for the employee that is chan in to the position in the Community Corrections Grant will be more than the current position is budgeted. VOL/-5 PAGE 139, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-29.3 6/3/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease Narcotics Task Force 32 2821 611200 282103 DR Equipment 43,253.00 32 2821 614500 282103 CR Confidential Funds 13,924.00 32 2821 618800 282103 Miscellaneous 1,830.00 32 2821 617500 282103 Office Supplies 2,049.00 32 2821 611100 282103 Cell Phones 1,200.00 32 2821 618010 282103 Conference & Seminars 2,500.00 32 2821 516150 282103 Travel 1,000.00 32 2821 516100 282103 Hourly Law Enforcement 13,000.00 32 2821 601700 282103 Hourly - Staff 7,000.00 32 2821 672860 282103 Copier Supplies 750.00 Amendment of use of funds as approved b Criminal Justice Department 43,253.00 43,253.00 s:a / rr ~t Y VOLZfS PAGE_J 449 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: June 3. 2003 ITEM: Permission to enter Charles and Vicky Gewalt's property located off Wheelock Hall Road for the purpose of securing a temporary work space for the replacement of the bridge structure on Wheelock Hall Road Signed Permission form is attached Site is located in Precinct 2. SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION : If necessary, a temporary fence will be constructed and some brush and trees possibly removed to accommodate the bridge replacement project. NOTES/EXCEPTIONS: SUBMITTED BY: APPROVED _BY_:_ Richard F. Vance, P.E. Commissioner Duane Peters County Engineer Precinct 2 0003-049 This Request is Approvedj4/DeniedL by Commissioners Court Date: z Randy Sims, County Judge BRAZOS COUNTY" PRIVATE PROPERTY ACCESS PERMISSION FORM AIMn W. lOnea Q.a 4 J dpe Tony Jonvo caff%A6WINgr Pet I MWan S. Thw an COMWO&OW ra 2 Randy Sons Cortmt way Pd 9 Cwey Caulay Commisabner Pct 6 Date _ May 19. 2003 Ch LAND OWNER AND ADDRESS arles And Vicky Gewalt P.O. Box Napa, Ca 94558 II. LOCATION OF WORK WhAMU.ck Ralf Rnad III. DESCRIPTION OF WORK TO BE DONE Permission to enter your property for the purpose of securing a temporary work space approximately 100' x 200' at the bridge on Wheelock Hall. This space will be used by the bridge builder for-.working room. Some brush and trees may have to be removed. A temporary IV. MIt~NALCE constructedif needed. O y IF YES, F-TIMATE FREQUENCY OF MAINTENANCE (Owner will yC'l'be,,notified prior to mainte Richard F. Vance, PE Engineer Aide/Foreman/Right of Way Agent County Engineer Owner's Slgnatur DATE G Td WU0F:1T TOM VT 'u?t 'ON XUd WObd VOL l PAGE-L'/,,3- BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DATE OF COURT MEETING: June 3 2003 ITEM: Request from Patterson Petroleum LP to construct a road bore to install a natural gas gathering pipeline in the right-of-way of Ficky Road approximately 3,000 feet from State Highway 21 Company Check No 1426 in the amount of $500.00 accompanies this request. Site is located in Precinct 2 (Deposit to account no. 01-460650) SOURCE OF FUNDS: REQUIREMENTS: A) No work will be permitted between front slope and/or back slope. B) All installations shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of, and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees, etc. from county right-of-way. D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic ControlDevicesforStreetsandHighways published bytheTexasDepartmentofTransportation, and all other State and Federal laws governing utility construction. II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: Rlc and F. Vance, P.E. County Engineer 0003-048 This Request Date: ms, APPROVED Commissioner Duane Peters Precinct 2 / Denied ❑ by Commissioners Court VOL a}5--pAGE 144- Patterson Petroleum LP Prepared By HD Smith Fickey School Road Crossing May 21, 2003 Brazos County, Texas VOL L{> PAGE f'S p 2Km p 1Mi FICKEY SCHOOL ROAD CROSSING 60' RM Fickey School Road Warning Sign I Warning Sign I 2'- 0" Min. ; - - 4'-0"Min. 4'-0"Min. Pipeline - 4 1/2" 0.337 Wall API 5LX42 MEASURED WIDTH OF COUNTY ROAD RIGHT OF WAY PROFILE Patterson Petroleum LP Prepared By. HD Smith Fickey School Road Crossing May 21, 2DW Brazos County, Texas VOL 45-PAGE ) ~ 6p !I fl Y J ~ f IS - 1 w - v' i' I jt 5 e Crossing t tl ..i C7r 3 ~C 397 1 19C t ~f f/~ v" 337 C. I ^ I I 'a 0 .25Mi 6A, u Patterson Petroleum LP Prepared By HD Smith Fickey School Road Crossing May 21, 2W3 Brazos County, Texas VOL Wf , PAGE 14"7 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 FROM: REF: Patterson Petroleum LP Crossing X and/or Parallel Installation _ 654 N Sam Houston Pkw, F 433n Road: yiri pi, schrol Fa=a Houston, Texas 77060 Precinct Number: 2 Formal notice is hereby given that (applicant) Patterson Petroleum proposes to place a (type) Natural Gas Catherine pipeline within the right-of-way of (road)- Fickey school Road in Brazos County, Texas as follows: 3000' Northwest of State g ay a r road crossing with 4.5" DD, 0.337 Wall API 5LX42 pipeline a occat`ion orrescfiption of the proposed installation is more fully shown by three copies of the drawings attached to this notice. I understand and agree: 1. The County Engineer must be notified prior to the beginning of construction in order that a designated inspector may inspect the actual installation. 2. That all damage to the roadways and right-of-ways will be repaired to their original condition to the satisfaction of the County Engineer. 3. That Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. That Brazos County will in no way be responsible for any damage which may occur to any existing utility lines in the right-of-way. 5. That the line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 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 feel (7) below the center of the roadway. 7. That all roads shall be bored in accordance with the Utility Accommodation Policy of the Texas Department of Transportation dated 1989. 8. That all sites will be barricaded during the construction period. 9. That the normal charge is $500.00 per crossing and/or $40.00 per rod when paralleling the roadway established by the Commissioners Court on January 28, 1985. 10. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. 0-698; lest shall be conducted by an independent Geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. it. Construction shall be in strict conformance to the latest Texas Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. Construction of this line will begin on or after the 2 day of June 5)003 APPROVED BY COMMISSIONERS' APPLICANT: COURT ON: Date Pattersnn Pptmlp,vn T.P Company Name a 'J 'r t ~ h Harro l d iS7ni tt Engineer Company Reprosentative/Title County Judge 281-591-1381 Telephone Number ,Izr 2 os-Zi- 03 VOL LI5 PAGE lyd o,1,1. s_jA10;__ z PATTERSON PETROLEUM, INC. C PH. 713-591-1381 (q 333 N. SAM HOUSTON FY., E., STE. 350 HOUSTON, TX 77000 N ol~ PAY 'XX. TTOTHE d0C ER OF Z a' y Q z - v, 11.0011. 26u•a;i11303667i: LIS 1426 88-366/1,113 $a acv cru DOLLARS W M 931 VOL y5 PAGE ),V9' Y O 'r ov TONY JONES Prect s611c41005 Brazos County Commissioners Court RANDY SIMS E. DUANE PETERS County Judge Precinct 2 361-4115 (979) 361-4102 ORDER NO. 2003-001 PROHIBITING OUTDOOR BURNING IN BRAZOS COUNTY G. KENNY MALLARD, JR. Precinct 3 361-4105 CAREY CAULEY, JR. Precinct 4 361-4111 WHEREAS, the Commissioners Court of Brazos County finds that circumstances present in all or part of the unincorporated area of the county create a public safety hazard that would be exacerbated by outdoor burning; IT IS HEREBY ORDERED by the Commissioners Court of Brazos County that all outdoor burning is prohibited in the unincorporated area of the county for ninety (90) days, effective 4 June 2003, unless the restrictions are terminated earlier based on a determination made by the Texas Forest Service or this Court. This Order is adopted pursuant to Local Government Code §352.081 and other applicable statutes. This Order does not prohibit outdoor burning activities related to public health and safety that are authorized by the Texas Natural Resources Commission for (1) firefighter training; (2) public utility, natural gas pipeline or mining operations; (3) planting or harvesting of agricultural crops; or (4) burns that are conducted by a prescribed burn manager certified under Section 153.048, Natural Resources Code, and meet the standards of Section 153.047, Natural Resources Code. In accordance with Local Government Code §352.081 (h), a violation of this Order is a Class C misdemeanor, punishable by a fine not to exceed $500.00. ADOPTED this 3rd day of June, 2003, by a vote of '1 ayes and O nays. ATTEST: ~2-C~ Karen McQueen, County Clerk Brazos County Courthouse • 300 East 26th St. • Suite 106 • Bryan, Texas 77803-5327 Fax: (979) 823-6993 VOL 115 _PACE,_ 5~' E y. 0 TONY JONES °tG.KENNYMALLARD,JR :':il Brazos County Commissioners Court 361-4ct 3 361-1A4106 361-4105 RANDY SIMS E. DUANE PEI ERS t 2 County Judge CAREY CAULEY, JR. Precinct (979) 3614102 Precinct 4 361-4115 361-4111 ORDER NO. 2003-001 RESTRICTING USE OF FIREWORKS IN UNINCORPORATED AREAS OF BRAZOS COUNTY, TEXAS WHEREAS, the Texas Forest Service has determined that drought conditions exist in Brazos County; and WHEREAS, on the 3`d day of June, 2003, the Commissioners Court of Brazos County has determined that the normal danger of fire in the unincorporated areas of Brazos County is greatly enhanced by the extremely dry conditions now existing; NOW, THEREFORE, the Commissioners Court of Brazos County adopts this Order prohibiting the sale or use of restricted fireworks in the unincorporated areas of Brazos County. A. No person may sell, detonate, ignite, or in any way use certain restricted fireworks in any portion of the unincorporated area of Brazos County. B. Restricted fireworks means only those items classified under 49 C.F.R. part 173. 1 00(r)(2) (10-1-86 edition), as "skyrockets with sticks" and "missiles with fins." C. Fireworks not prohibited under this Order are: 1. Common fireworks, small in size, classified as Class C explosives; 2. Large firework devices designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and classified as Class B explosives by the U.S. Department of Transportation (TEX.OCC.Code, Chapter 2154). D. A person commits an offense if the person knowingly or intentionally violates a prohibition established by this Order. An offense under this Order is a Class C misdemeanor. APPROVED this the 3`d day of June, 2003, by the BrWs Cour3ty ComMssioners Court. ATTEST: i~r y Sims, County Judge Karen McQueen, Aounty Clerk Brazos County Courthouse • 300 East 26th St. • Suite 106 • Bryan, Texas 77803-5327 • Fax: (979) 823-6993 itn(_ PArr /5 1