HomeMy WebLinkAbout2003-06-17-6:30PM-RegularFILED
BRAZOS COUNTY
BRYAN. " PEXAB
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
1003 JUN 13 P 4: 0 0
!i -tF.000NTY CLERK
BF ,+ZC~ i ~ ONTY. BRYAN.TEXAS
BYQ~~
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON
TUESDAY, 17 JUNE 2003 AT 6:30 P.M. IN ROOM 102 OF THE BRAZOS CENTER,
3232 BRIARCREST DRIVE, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance - Commissioner Cauley
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3-28
3. Update on the Expo Center, presented by Jim Singleton
4. Review the Status of the Burn Ban
5. Review of the Correction Deed as a correction to the Tax Sale Redemption Deed given to
McAurther Rice and Sandra Rice when it should have conveyed the property as a tax sale
to Mat Mason and Leila Mason.
6. Consider request by Judge Ray Truelove to be reimbursed by the County for all out-of-
pocket medical expenses incurred as a result of his gastric by-pass surgery. Surgery was
performed on 27 June 2001 by the Center for Surgical Treatment of Obesity in Hawaiian
Gardens, CA. Amount requested is $26,150.00.
7. Cancellation of Southwest Bank of Texas Standby Letter of Credit No. SC2601 issued
for the benefit of the Brazos County Treasurer to secure bail bonds written by Ranger Ins.
Co., agent Gage Gandy.
8. Proposed Interlocal Agreement between the City of College Station and Brazos County
for Greens Prairie Road.
9. Renewal of Depository Contract between the First National Bank of Bryan and the
Brazos County District Clerk.
10. Renewal of Depository Contract between State Bank and the Brazos County District
Clerk.
VOL ~ ; PAGE 1'5~-
Commissioners Court Agenda
(7 June 2003
Px;e 2
11. Renewal of Depository Contract between Wells Fargo Bank and the Brazos County
District Clerk.
12. Review of Tax Refund Applications.
13. Request by the County Clerk for Approval to Purchase cf Additional Voting Equipment.
14. Order Combining Polling Place Location for Election Precinct 16 and Election Precinct
52.
15. Request by the Sheriff's Office to Receive 21 in-car video systems from Mobile Vision.
Items were funded through the State grant.
16. Request by Donald Lampo, Precinct 2 Constable, for an additional $500.00 to be used for
vehicle maintenance to address unanticipated repairs.
17. Approval of the following Blanket Purchase Orders:
Lowe's Company - $1000.00 (Brazos Center)
Napa Auto Parts - $5000.00 (R&B)
18. Approval of Contract for Municipal Advertising for the Eagle
19. Award of Bid #2003-032 for Temporary Employment Service
20. Budget Amendment 02/03-30.1 thru 02/03-30.3
21. Payment of Claims
22. Personnel Change of Status
23. Consider Request Made by Anderson Jones, President of Pct. 4 Fire Commissioners
Board to replace James Green, Vice President with Pat Fagan. Mr. Green has asked to be
relieved of duties due to health problems.
24. Request from Patterson Petroleum to construct road bores to install a produced water
gathering pipeline and a natural gas pipeline in the right-of-way of Oak Lake Road
approximately 4, 850 ft. and 4,855 ft. from FM 2038. Site is in Precinct 2.
25. Request to enter Jerry Priddy's property located of Wheelock Hall Road for the purpose
of securing a temporary work space for bridge structure replacement on Wheelock Hall
Road. Site is in Precinct 2.
26. Consider and take action on the final plat of North Country Phases Six and Seven, 37.8
acres, G. H. Coleman survey, A-10, Brazos County, Texas. Site is in Precinct 2.
27. Consider and take action on acceptance of the roads (Serenity Circle, Tranquility Circle
and Willow Brook Lane) and drainage structures of Willow Bend subdivision for Brazos
County maintenance. Site is located in Precinct 3.
VOL 45 PAGE 1=3
Commissioners Court Agenda
17 June 2003
Page 3
28. Consider request by Bill Turner, District Attorney, for approval of out-of state travel to
attend the Capital Litigation 24th Annual Conference in New Orleans, LA.
29. Announcement of Public Hearing on Tuesday 1 July 2003 at 10:00 a.m. in the
Commissioners Courtroom to consider the posting of speed limits on Lloyd Lane in
Precinct 2.
30. Acknowledgement of additional monthly reports for May 2003. These are available for
review in the County Judge's office.
31. Announcement of interest items and possible future agenda topics.
32. Agenda / Board / Committee reports by Court members.
33. Call for citizen input and/or concerns.
34. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must
be made two business days before the meeting. To make arrangements, call (979) 361-4102.
1'
VOL q-!5 PAGE
COMMISSIONERS' COURT
REGULAR MEETING
JUNE 17, 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 6:30 a.m. on Tuesday, June 17, 2003 with the
following members of the Court present:
Randy Sims, County Judge, Presiding;
Tony Jones, Commissioner of Precinct l;
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 Cauley gave the invocation and led the
pledge of allegiance.
There was no citizen input/and or concerns
The Court was to hear an update on the Expo Center,
presented by Loretta Makery, with Allen Plummer & Associates.
On motion by the County Judge, seconded by Commissioner Jones,
the Court voted unanimously to table this matter.
The Court next considered reviewing the Burn Ban. On
motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to rescind the Burn Ban
VOL ors PAGE ►~s
Commissioners Court meeting June 17, 2003 2
due to there being enough rain fall to have lowered the
drought index level.
The Court proceeded to review the Correction Deed as a
correction to the Tax Sale Redemption Deed given to McAurther
Rice and Sandra Rice when it should have conveyed the property
as a tax sale to Mat Mason and Leila Mason. The property in
question is as follows:
Part of Block "C", Jones addition, Stephen F.
Austin League No. 9, Abstract 62, City of Bryan,
Brazos County, Texas, described in Volume 340, Page
362 Deed Records, Brazos County, Texas.
On motion by Commissioner Jones, seconded by Commissioner
Peters, the Court voted unanimously to authorize the County
Judge to execute the Correction Deed to Mat Mason and Leila
Mason.
The next matter for consideration was a request by fudge
Ray Truelove to be reimbursed by the County for all cut-of-
pocket medical expenses incurred as a result of his gastric
by-pass surgery. Judge Truelove's attorney, Travis Bryan,
spoke on his behalf. The County Judge moved to deny the
request. Commissioner Mallard seconded the motion. The
County Judge and Commissioner Mallard, voted "Aye".
Commissioner Jones, Peters and Cauley voted "Nay". The motion
failed. Commissioner Jones then moved to table consideration.
Commissioner Peters seconded the motion. Commissioners
VOL y-5 PAGE 4~str
Commissioners Court meeting June 17, 2003 3
Jones, Peters and Cauley voted "Aye". Commissioner Mallard
and the County Judge voted "Nay". The motion carried.
The Court proceeded to consider the cancellation of
Southwest Bank of Texas Standby Letter of Credit No. SC2601 in
the amount of $10,000.00 issued for the benefit of the Brazos
County Treasurer to secure bail bonds written by Ranger Ins.
Co., agent Gage Gandy. On motion by the County Judge,
seconded by Commissioner Cauley, the Court voted unanimously
to cancel the Standby Letter of Credit.
The next matter before the Court was the proposed
Interlocal Agreement between the City of College Station and
Brazos County for Greens Prairie Road. Brazos County would
contribute $80,000 to the city for construction of an access
to the crossover on Greens Prairie Road as part of the Highway
40 project. On motion by Commissioner Jones, seconded by
Commissioner Peters, the Court voted unanimously to approve
the Interlocal Agreement. A copy is attached.
The Court next considered the renewal of Depository
Contract between First National Bank of Bryan and the Brazos
County District Clerk. On motion by Commissioner Peters,
seconded by Commissioner Cauley, the Court voted unanimously
to renew the contract for another two years, not to extend
beyond May 31, 2005. A copy is attached.
VOL 1+6 PAGE t~,-j
Commissioners Court meeting June 17, 2003 4
The Court next considered the renewal of Depository
Contract between State Bank of Bryan and the Brazos County
District Clerk. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to renew the
contract for another two years, not to extend beyond May 31,
2005. A copy is attached.
The Court next considered the renewal of Depository
Contract between Wells Fargo Bank and the Brazos County
District Clerk. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to renew the
contract for another two years, not to extend beyond May 31,
2005. A copy is attached.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
Acevedo, Roberto Jr. & Esmeralda
Bader Engineering
Cheddar's Casual Cafe
Corban Communications
Duncum, John M & Diane
Galindo, Lis E.
Greer, Susan Gail
Hart, Ronnie R
Havens Margaret
Holmes, Benjamin C & Marilou
Ibanez, Mario
Jones, Thelma Lane
Kaderka, Nancy
Keahey, Elred E. & Mary Sue
Kirk, Ivan and Latrelle
Montgomery, Towanna
$ 20.73
$ 50.62
$1,274.62
$ 59.40
$ 207.30
$ 459.77
$ 147.88
$ 80.86
$ 31.22
$ 49.75
$ 52.98
$ 207.30
$ 74.99
$ 432.00
$ 89.68
$ 149.96
VOL 4s PAGE i5~
Commissioners Court meeting June 17, 2003
Morriel, Hosea
$
167.23
Nelson, Paul Jr. & Dianna
$
81.40
Novosad, Martha
$
74.63
Patrick, Vernon and Leonard
$
155.64
Philp, Shirley Ann
$
146.81
Rchardson, Herbert H. & Barbara
$
207.30
Rios, Jessie & Theresa
$
222.86
Rios, Jessie & Theresa
$
222.86
Rowe, Marvin W.
$
207.30
Sauer, Helmut W. & Loralee
$
207.30
Schlechte, Robert E
$
207.30
Smith, Elaine & Sherrel C
$
27.45
Walters, Ruby Bell
$
80.48
West, Patricia Fachorn
$
7.63
Western Finance & Lease, Inc.
$
94.58
Yeates, Charles R. and Mei Lin
$
5.49
5
On motion by Commissioner Mallard, seconded by Commissioner
Jones, the Court voted unanimously to approve the refund
applications as submitted by the Tax Assessor/Collector.
The next matter before the Court was a request by the
County Clerk for approval to purchase additional voting
equipment. In a memo to the Court, the County Clerk listed
the following needed equipment:
Judge's Booth
Controller 5
$2,500
$12,500
DAU Upgrades
5
$1,000
$
5,000
DAU MBB Card
25
$125.00
$
3,125
Projectors
2
$2,000
$
4,000
Freight
$
100
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the request
from the County Clerk for the purchase of additional voting
equipment. Cost of the equipment will be $24,725.00.
The Court next considered adopting an Order Combining
VOL PAGE I Sri
Commissioners Court meeting June 17, 2003 6
Polling Place Location for Election Precinct 16 and Election
Precinct 52. On motion by the County Judge, seconded by
Commissioner Cauley, the Court voted unanimously to adopt an
Order Combining Polling Place location for Election Precinct
16 and Election Precinct 52. A copy of the Order is attached.
The next matter for consideration was a request by the
Sheriff's Office to receive 21 in-car video systems from
Mobile Vision. The items were funded through the State Grant.
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the request to
receive 21 in-car video systems.
The Court next considered a request by Constable,
Precinct 2, Donald Lampo, for an additional $500.00 to be used
for vehicle maintenance to address unanticipated repairs. On
motion by Commissioner Peters, seconded by Commissioner Jones,
the Court voted unanimously to transfer the funds from
Contingency into that departmental budget.
The Court proceeded to consider the following blanket
Purchase Orders:
Lowe's Brazos Center $1,000
Napa Auto Parts Road and Bridge $5,000
On motion by Commissioner Jones, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
VOL its PAGE uoo
Commissioners Court meeting June 17, 2003 7
The next matter before the Court was approval of Contract
for Municipal Advertising for the Eagle. The length of the
contract is twelve months, beginning July 1, 2003 through June
30, 2004. The rate will be $16.51 per inch/daily and $16.99
per inch/Sunday. On motion by Commissioner Cauley, seconded
by Commissioner Peters, the Court voted unanimously to approve
the contract.
The Court next considered awarding the following bid:
Bid No. 2003-032, Temporary Employment Service
Pat Howard, Purchasing Agent, recommended
acceptance of the bid submitted by
Manpower Services. On motion by
Commissioner Peters, seconded by
Commissioner Mallard, the Court voted
unanimously to accept the recommendation
of the Purchasing Agent and award the
contract to Manpower Services. A copy of
the bid tabulation is attached.
The Court next considered Budget Amendment #02/03-30.1
through 30.3, which would reallocate funds for Juvenile
Services, transfer funds from Contingency to Indigent Health
Care and create line items for a Community Corrections Grant.
On motion by Commissioner Cauley, seconded by Commissioner
Mallard, 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:
VOL 1+5 PAGE ,1, i
Commissioners Court meeting June 17, 2003 g
20042845 through 20043163
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
The Court proceeded to consider the change of stat.is of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Peters, seconded by
the County Judge, the Court voted unanimously to approve the
changes as submitted.
The next matter for consideration was a request by
Anderson Jones, President of Precinct 4, Fire Commissioners
Board to replace James Green, Vice President with Pat Fagan.
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the appointment
of Pat Fagan as Vice President to replace James Green.
The Court next considered the request from Patterson
Petroleum LP to construct road bores to install a produced-
water gathering pipeline and a natural gas pipeline in the
right-of-way of Oak Lake Road approximately 4,850 feet and
4,855 feet from FM 2038. This is a change from the previous
locations originally approved by Commissioners Court on April
1, 2003 and April 22, 2003. The site is located in Precinct
2. The County Engineer stated that all appeared to be in
VOL 4s PAGE (f.-4
Commissioners' Court meeting June 17, 2003 9
order and recommended approval. On motion by Commissioner
Peters, seconded by Commissioner Jones, the Court voted
unanimously to approve the request by Patterson Petroleum LP
and authorized the installation. A copy of the request is
attached hereto.
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 Jerry Priddy on
Wheelock Hall Road in Precinct 2 to use as a temporary
workspace for bridge structure replacement on Wheelock Hall
Road. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to authorize
the work.
The Court next considered approval of the Final Plat of
North Country Phases Six and Seven 37.88 Acres. Richard
Vance, County Engineer, stated that he had reviewed the plat
and offered the following comments:
1) The utility easement al(
of Lake Heron Drive
completely within
boundary(s). County
Development Regulations,
C, Line 16.
Dng the northwest end
is required to be
the subdivision
Subdivision and
Article V, Paragraph
2) Lake Heron Drive is already an existing road
in Brazos County and cannot be duplicated.
Article V, Paragraph C, Line 1; therefore the
road name must be changed.
VOL 46 PAGE i U 3
Commissioners' Court meeting June 17, 2003
10
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the final plat
of the North Country Phases Six and Seven subject to the
developer complying with the exceptions noted by the County
Engineer.
The Court next considered acceptance of the roads
(Serenity Circle, Tranquility Circle and Willow Brook Lane)
and drainage structures of Willow Bend Subdivision for Brazos
County maintenance. The site is located in Precinct 3. On
motion by Commissioner Mallard, seconded by Commissioner
Cauley, the Court voted unanimously to accept the previously
named roads and drainage structures for Brazos County
maintenance.
The next matter for consideration by the Court was a
request submitted by the District Attorney seeking approval for
out of state travel for Assistant District Attorney Glynis
Gore. Ms. Gore would be traveling to New Orleans, Louisiana to
attend the Association of Government Attorneys in Capita
Litigation 24th Annual Conference July 30 - August 2, 2003. On
motion by Commissioner Jones, seconded by Commissioner Cauley,
the Court voted unanimously to grant the request from the
District Attorney and approved payment of out of state travel
expense for Ms. Glynis Gore.
VOL 145 PAGE icogh
Commissioners' Court meeting June 17, 2003 11
The Court next considered setting a date and time for a
Public Hearing to consider speed limits on Lloyd Lane in
Precinct 2. On motion by Commissioner Mallard, seconded by
Commissioner Peters, the Court voted unanimously to table
consideration.
The Court acknowledged receipt of reports for May 2003
from the following County and Precinct Offices showing
revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 3
Brazos County Events Facilities
Road & Bridge
Sheriff
A copy of the Officials' reports can be viewed in the County
Auditor's office.
Under announcement of interest items and possible future
agenda topics the following spoke:
County Judge
a) He is in the process of contacting Sikes
to promote the Expo Center.
b) Brazos County is now in the North and
East Texas County Judges and
Commissioners Association.
Under Agency/Board/Committee reports by Court members,
the following spoke:
Commissioner Mallard
VOL 5 PAGE 1~5
Commissioners' Court meeting June] 7, 2003
a) He attended the inter-governmental meeting
at the City of Bryan and the following
issues were discussed:
1. Consolidation of Health Insurance.
2. Development of an Ordinance of
Entities.
3. Planning the location of a future fire
station.
4. Developing a single community voice on
transportation.
5. Revitalizing the push to create a
Federal Court in Brazos County.
6. Explore the possibility of having a
joint wastewater plant.
7. Possibility of having a joint meeting
in August or September.
12
Under citizen input and/or concerns, the following spoke:
a) Pat Howard, Purchasing Agent reminded the Court
of a meeting at the Brazos Center on Monday,
June 23, 2003 beginning at 11:30 a.m. and
continuing until 1:30 p.m.
b) Demetrios Basdekas commented on agenda item #3
that was the update on the Expo Center. He asked
what action was to be taken on the center. He
went on to urge the Court to reconsider the
request submitted by Justice of the Peace,
Precinct 2 Place 2, Ray Truelove saying that the
moral integrity of the Court was being tested at
this time.
There being no further business to come before the Court,
the meeting was adjourned.
VOL 1}5 PAGE I
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VOL 4-5 PAGE/ 0
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF COLLEGE STATION AND BRAZOS COUNTY, TEXAS
FOR GREENS PRAIRIE ROAD
This Agreement is made and entered into this r r - - day of StYIe, 2003,
by and between the CITY OF COLLEGE STATION, TEXAS, a Texas Home Rule
Municipal Corporation (hereinafter referred to as "CITY"), and BRAZOS COUNTY,
TEXAS, a political subdivision of the State of Texas, (hereinafter referred to as the
"COUNTY").
WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE (Vernon 1994 &
Vernon Supp. 2003, as amended) also known as the Interlocal Cooperation Act
authorizes all local governments to contract with each other to perform functions or
services that each party to the contract is authorized to perform individually; and
WHEREAS, CITY and COUNTY are engaged in cooperative and mutually
beneficial discussions in a number of areas and desire to expand areas of cooperation; and
WHEREAS, the Texas Department of Transportation ("TxDOT") is planning to
construct State Highway 40 in College Station. The alignment of the highway is located
in part through a parcel known as the Crowley tract. The TxDOT plans and
specifications for the crossover currently depicted at Hwy 40 and Greens Prairie do not
provide for sufficient access to the Crowley tract to accommodate the traffic needs of this
subdivision and the CITY; and
WHEREAS, the CITY has determined that the development of this area by the
Developer will generate additional traffic due in part to commercial retail uses and a
crossover at the Intersection like the one depicted on Exhibit B, which is attached and
incorporated by reference, (the "Crossover") will accommodate the future development
of this area to a more intense use, promote economic development and facilitate north-
south traffic flow; and
WHERAS, TXDOT has agreed to relocate the Hwy 40 and Greens Prairie
Crossing under certain terms and conditions including participation funding by the CITY,
and the Developer to fund the cost of the road construction to connect to the relocated
Crossover; and
WHEREAS, the COUNTY is in agreement with the CITY that the Crossover will
better accommodate projected traffic in the area and the COUNTY believes the
Crossover will better facilitate traffic on County roads in this developing area;
WHEREAS, CITY and COUNTY, pursuant to the provisions of the Interlocal
Cooperation Act, Chapter 791 of the TEXAS GOVERNMENT CODE, as amended, have
determined that to further continuing efforts on joint cooperative projects between the
02-3084 Greens Prairie Crossover Hwy 40- Accepted 06.5.03.final
VOL L-5 PAGE 01~
parties it would be in the best interests of CITY and COUNTY to enter into this
agreement for participation funding for road construction in this area.
NOW, THEREFORE, for and in consideration of mutual benefits to be derived by
each of the parties hereto, said parties agree and covenant as follows:
1. Project Funding.
COUNTY agrees to contribute the amount of $80,000.00 from its general funds (the
"Participation Funds") to the CITY to construct the road access that the CITY will
construct to access the Crossover on Greens Prairie Road as part of the Highway 40
project.
2. Road Construction.
The CITY agrees to use the Participation Funds received from COUNTY soley for road
construction for the access road for the Crossover.
3. Refund
If the Crossover is not relocated by TXDOT or the CITY determines that it will not
proceed with the project by December 31, 2003, then the CITY will refund, if previously
paid, the Participation Funds to the COUNTY.
4. Termination
This contract may not be terminated by the COUNTY unless the CITY does not proceed
with the construction of the access road for the TXDOT Hwy. 40 Crossover as stated in
paragraph 3 above or if the Participation Funds are used in a manner other than restricted
in paragraph 2 above.
5. Payment
Brazos County will remit the Participation Funds to the City Manager for the access road
construction upon demand by the City, which shall be no earlier than sixty (60) days prior
to the anticipated need for such funds.
6. General Provisions.
6.1 Except as otherwise provided herein, the terms and conditions of this agreement
may be modified at any time by the mutual consent of both parties.
6.2 Written notice shall be deemed to have been duly served if delivered in person to
the individual listed below or if it is delivered or sent certified mail to the business
address as listed below. Each party has the right to change its business address by giving
at least thirty (30) days advance written notice of the change to the other party in writing.
02-3084 Greens Prairie Crossover Hwy 40- Accepted 06.5.03.final
VOL q5 PAGE III
Brazos County Judge
Brazos County, Texas
300 E. 26"' Street, #114
Bryan, Texas 77803
City Manager of College Station
City of College Station
1 101 Texas Avenue South
P.O. Box 9960
College Station, Texas 77842
w/copy to City Attorney
City of College Station Legal Dept.
1101 Texas Avenue
College Station, TX 77842
6.3 It is understood and agreed that this agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all purposes.
6.4 This Agreement has been made under and shall be governed by the laws of the
State of Texas. The parties agree that performance and all matters related thereto shall be
in Brazos County, Texas.
6.5 Failure of any party, at any time, to enforce a provision of this Agreement shall in
no way constitute a waiver of that provision, nor in anyway affect the validity of this
Agreement, any part hereof, or the right of either party thereafter to enforce each and
every provision hereof. No term of this Agreement shall be deemed waived, breached or
excused unless the waiver shall be in writing and signed by the party claimed to have
waived. Furthermore, any consent to or waiver of a breach will not constitute consent to,
or waiver of, or excuse of any other different or subsequent breach.
6.6 This Agreement and all rights and obligations contained herein may not be
assigned without the prior written approval of the other party.
6.7 If any provision of this Agreement shall be held to be invalid, or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a
court of competent jurisdiction finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it may become valid and enforceable,
then such provision shall be deemed to be written, construed, and enforced as so limited.
6.8 This Agreement represents the entire and integrated agreement between CITY and
COUNTY and supersedes all prior negotiations, representations, or agreements, either
written or oral. This Agreement may only be amended by written instrument approved
and executed by the parties.
6.9 Each party has the full power and authority to enter and perform this Agreement,
and the person signing this Agreement on behalf of each party has been properly
authorized and empowered to enter into this Agreement. The persons executing this
Agreement hereby represent that they have authorization to sign on behalf of their
respective entity.
6.10 The parties acknowledge that they have read, understand and intend to be bound
by the terms and conditions of this Agreement.
02-3084 Greens Prairie Crossover Hwy 40- Accepted 06.5.03.final
VOL y S PAGE ( 7a
6.11 This Agreement becomes effective when signed by the last party whose signing
makes the agreement fully executed and will remain in full force and effect until
terminated or modified as hereinafter provided.
EXECUTED on this day of _ '2003.
BRAZOS COUNTY
BY:
~
ATTEST:
CITY OF COLLEGE STATION
BY:
Judge RON SIL IA, Mayor
Dater- /8-03
Lce~p~J
aren McQueen, County erk
Date: 6 -17- -C3
ATTEST:
Connie Hooks, City Secretary
Date:
APPROVED:
d4onq
omas E. Bry r, ity Manager
Date: O5
APPROVED AS TO FORM:
Harvey Cargill, City Attorney
~~~1 C'l~
Charles Cryan, Dir for of Fiscal
Services
Date:
02-3084 Greens Prairie Crossover Hwy 40- Accepted 06.5.03.tinal
RANDYDate:_ S,
VOL 4 5 PAGE 17 3
This renewal of the Depository Contract between the Brazos County District Clerk, Texas and
(BANK NAME) dated June 1, 2001 will renew for a term of two years and not to extend beyond
May 31, 2005. This renewal is agreed to by representative of the BANK, and BRAZOS
COUNTY as evidenced by their signatures below, executed this ~ Jt' ' day of
2003 by the duly authorized officers of the parties hereto.
(Bank Name)
BRAZOS COUNTY, TEXAS
By: Or~t ( T3a t- By:,4
0 f3 f U p IJ Rai~ y Sims, Brazos County Judge
Name: k~ k Date:
Title: dl-CL C Q I rnn Q tit
Date: 6' 1 ~L-0 3
VOL 45 PAGE [711
Bank Signatory Resolution
By Resolution passed by the Board of Directors on the a~ day of
2003, I oSQ~►~ 1 dc.
hereby certify that / Aigalt;i. /a . 14LWA~ r4--Z" was authorized to sign the
renewal and execute the depository contract for the District Clerk of Brazos
ATTEST:
Corporate Seal
VOL 45 PAGE 175
County, Texas.
hours notice is necessary on deposits totaling in excess of $1,000,000 during any banking business
day.
However, failure to give such notice does not excuse the BANK from properly securing these
deposits in accordance with this agreement and the Public Fund Collateral Act within one (1)
business day of the deposit.
The Commissioners Court and/or its designated representative has the authority to reject any
collateral offered by BANK which is not deemed to be allowed under the Public Fund Collateral
Act or which is deemed to be of high security risk.
V.
BANK has heretofore or will immediately hereafter deliver to the County Treasurer (hereinafter
designated as "TRUSTEE") or the designated agent of the County Treasurer, collateral of the kind
and character above mentioned of sufficient amount and market value to provide adequate
collateral for the funds of DEPOSITOR deposited with BANK. Said collateral or substitute
collateral, as herein provided for, will be kept and retained by TRUSTEE in trust so long as the
depository relationship between DEPOSITOR and BANK shall exist hereunder, and thereafter so
long as deposits made by DEPOSITOR with BANK hereunder, or any portion thereof, shall have
not been properly paid out by BANK to DEPOSITOR or on its order.
VI.
Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher lawfully
drawn against any deposit and the interest on such deposits, or in case BANK becomes insolvent
or in any manner breaches its contract with DEPOSITOR, DEPOSITOR shall give written notice of
such failure, insolvency or breach to BANK, and BANK shall- have three (3) business days to cure
such failure, insolvency or breach. In the event that BANK shall fail to cure such failure,
insolvency or breach within three (3) business days, the parties hereto authorize the TRUSTEE to
surrender to the Commissioners Court in and for the DEPOSITOR the collateral being held by the
TRUSTEE upon receipt of a certificate whereby the DEPOSITOR, through its authorized
representative, certifies that BANK has failed to perform its obligations under this contract, has
otherwise breached this contract or has become insolvent. The BANK agrees and hereby instructs
the TRUSTEE that a copy of this agreement attached to the certificate(s) shall serve as the BANK's
consent and approval for the TRUSTEE to sell and/or convert the collateral to the use of the
DEPOSITOR. The BANK agrees and is bound to provide any other approvals or consents the
TRUSTEE may require in order to release the collateral for DEPOSITOR's use. The parties further
agree that the DEPOSITOR may seek an order or declaration or order of a court of lawful
jurisdiction in the event that the BANK does not comply with this provision or in the event the
TRUSTEE refuses to surrender the collateral to the Commissioners Court, with all costs and
attorney's fees incurred by DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages
and losses sustained by it, together with all expenses of any and every kind incurred by it on
account of such failure or insolvency, or sale, accounting to BANK for the remainder, if any, of
said proceeds or collateral remaining unsold.
VII.
Any sale of such collateral, or any part thereof, made by DEPOSITOR hereunder may be either at
public or private sale; provided, it shall give both TRUSTEE and BANK ten (10) days notice of the
VOL POE I"77
time and place where such sale shall take place, and such sale shall be to the highest bidder
therefor for cash. DEPOSITOR and BANK shall have the right to bid at such sale.
VIII.
If Bank shall desire to sell or otherwise dispose of any one or more of said securities pledges as
collateral and deposited with the TRUSTEE, it may substitute for any one or more of such
securities other securities of the same or greater market value and of the character authorized
herein and by the Public Funds Collateral Act. Such right of substitution shall remain in full force
and may be exercised by BANK as often as it may desire; provided, however, that the aggregate
market value of all collateral pledged hereunder, shall be at least equal to the amount of collateral
required hereunder and by the Public Funds Collateral Act and other applicable law.
If at any time the aggregate market value of such collateral so deposited with TRUSTEE be less
than the total sum of the DEPOSITOR's funds on deposit with said BANK, BANK shall
immediately deposit with TRUSTEE such additional collateral as may be necessary to cause the
market value of such collateral to equal the total amount of required collateral. BANK shall be
entitled to income on securities held by TRUSTEE, unless there is insufficient collateral on deposit
with the TRUSTEE to cover the public funds as required by law at the time the request is made.
Approval of the DEPOSITOR will be required in all circumstances and if the collateral deficiency
is not seasonable cured and the DEPOSITOR's consent is not given (in writing), the income
becomes collateral for public funds to the extent of the collateral deficiency.
The TRUSTEE's consent as well as the consent of the DEPOSITOR must be obtained for a security
to be released as collateral. Before a security is released from collateral that is to be replaced, the
BANK must present to the TRUSTEE the replacement collateral that is being offered, and the
TRUSTEE must accept such replacement.
IX.
If at any time the collateral in the hands of the TRUSTEE shall have a market value in excess of
the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may authorize the withdrawal
of a specified amount of collateral by the TRUSTEE based on a written request from the BANK to
the Commissioners Court.
X.
Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the
expiration date by providing advanced written notice to the other party of its election to do so,
and this agreement shall be void from and after the expiration of ninety (90) days after the receipt
of such notice, provided all provisions of this agreement have been fulfilled.
XI.
When the relationship of DEPOSITOR and BANK shall have ceased to exist between DEPOSITOR
and BANK, and when BANK shall have properly paid out all deposits of DEPOSITOR, it shall be
VOL 45 PAGE 0 9
the duty of the TRUSTEE to issue a certificate to that effect to the BANK and the,Commissioners
Court, and if all obligations under this agreement and applicable law have been fulfilled,
Conanissioners Court will issue written authorization to the TRUSTEE to deliver all collateral
being held Ln the possession of the TRUSTEE to the BANK.
XII.
This contract is subject to, and incorporates, the current laws governing the relationships between
counties, depositories and custodians/ trustees and related entities as established by the Texas
Local Government Code and the Vernon s Annotated Texas Civil Statutes and any amendments
or revisions thereto. BANK warrants and represents that it shall comply with all applicable laws,
rules and regulations which govern or apply to this contract. BANK further warrants that in the
event that it is aware of any violation of applicable laws, rules and regulations, it will bring the
event to the attention of the TRUSTEE and the DEPOSITOR immediately and in writing within
three (3) business days.
XIII.
This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and
the venue of any legal actions or proceedings arising out of or related to this contract, or out of
any disputes between the parties concerning the subject matter of this contract or arising out of
the violation or application of any law governing the subject matter of this agreement (including
but not limited to the Public Funds Collateral Act, Art. 2529d) is placed by agreement of the
parties in BRYAN, BRAZOS COUNTY, TEXAS.
XIV.
All notices, demands, or other writings may be delivered by any party hereto to the other, by
United States Mail or other reliable courier at a following addresses:
DEPOSITOR: ~A , ountsudge
Bratsounty, Texas
300 East 26th Street
Brya Texa 7780
CUSTODIAN OF FUNDS:
Brazos unty, Texas
300 Eas 26th Street
Bryan, Texas 77803
TRUSTEE OF COLLATERAL: Brazos County Treasurer
Brazos County, Texas
300 East 26th Street
Bryan, Texas 77803
BANK THE FIRST NATIONAL BANK OF BRYAN
P.O. BOX 833
BRYAN, TEXAS 77805-0833
VOL y'-'S PAGE I-0
The address to which any notice, demand, or other writing may be delivered to any party as
above provided may be changed by written notice given by such party to the other two parties as
above provided.
XV.
BANK represents that the collateral pledged to DEPOSITOR is not other wise assigned, pledged
or encumbered and that no lien, or security interests exist other than the security interest held by
the DEPOSITOR pursuant to this agreement. Possession of the collateral by the TRUSTEE is
intended as perfection of DEPOSTTOR's security interest therein. BANK warrants that the
collateral (in the form and amount required by law) is held by TRUSTEE for the benefit of
DEPOSITOR and as security for DEPOSITOR's funds.
The County shall deliver to BANK within five (5) working days from the date of execution of this
agreement, a list of those individuals authorized to act on behalf of the Court and the Clerks.
The BANK shall deliver to County on the date of execution hereof a Certified Corporate
Resolution of its Board or Directors approving this contract, the execution thereof and indicating
the authority of an individual(s) to pledge collateral on behalf of the BANK.
EXECUTED this 28th day of May, 20 by the undersigned duly authorized officers of the parties
hereto.
FOR BANK: THE FIRST NATIONAL BANK OF BRYAN
MIKE A. HOLMGREEN DATE: May 28, 2003
ame
1jr
4- 4 Vice Chairman of the Board
(Signature) (Title)
FOR
BRAZOS COUNTY:
DATE:
(NAM _
(S} nature) (Title)
VOL 46 PAGE I~~
THE STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, on this day personally appeared Mike A. Holmgreen, Vice Chairman of the Board
of The First National Bank of Bryan BANK, known to me the person whose name is subscribed to
the forgoing instrument, and acknowledged to me that he/she executed the same as the act and
deed of the The First National Bank BANK a corporation, for the purpose and consideration
therein expressed and in the capacity therein stated.
GIVE OFFICE, this the 28th of May 2003.
Commission Expires: 06-03-2006
.P?:YP a
TAMMY BURCH
* *
1
Notary Public, State of Tezas ~}y ~ ~
Commission Expires L
M
d
'~4 F• T
y
l UIn~/
~
JUNE 3, 2006
Notary Public ate of Texas
Printed Name:
Tames L. Burch
THE STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, on this day personally appeared
of BRAZOS COUNTY, TEXAS known to me
the person whose name is subscribed to the forgoing instrument, and acknowledged to me that
he executed the same as the act and deed of the BRAZOS COUNTY, TEXAS, for the purpose and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
Notary Public, State of Texas
Printed Name:
Commission Expires:
of
# (C)
This renewal of the Depository Contract between the Brazos County District Clerk, Texas and
ATE &1NK
ANKN"E) dated June 1, 2001 will renew for a term of two years and not to extend beyond
May 31, 2005. This renewal is agreed to by representative of the BANITK, and BRAZOS
COUNTY as evidenced by their signatures below, executed this 22nd day of
May , 2003 by the duly authorized officers of the parties hereto.
(Bank Name) STATE BANK BRAZOS COUNTY, TEXAS
By: y " By:
Sims, Brazos County Judge
Name: Michael D. Kalina Date:
Title: Senior Vice President
Date: May 22, 2003
VOL N,5` PAGE Iu-)L
Bank Signatory Resolution
By Resolution passed by the Board of Directors on the 22nd day of
May , 2003,1 Frankie J. Tupa _Secretary to the Board ,
hereby certify that Michael D. Kalina was authorized to sign the
renewal and execute the depository contract for the District Clerk of Brazos
County, Texas.
Signature
ATTEST:
Ervan E. / alfk
Chairman '6F the Board
Corporate Seal
VOL 45 PACE I ~ 5
This renewal of the Depository Contract between the Brazos County District Clerk,
Texas and Wells Fargo Bank Texas, N.A, dated June 1, 2003 will renew for a term of
two years and not to extend beyond May 31, 2005. This renewal is agreed to by
representative of BANK and BRAZOS COUNTY as evidenced by their signatures
below, executed this J64 day of 2003 by the duly
authorized officers of the parties hereto.
WELLS FARGO BANK TEXAS, N.A.
By:
Brazos County Judge
Name: Ronald E. Hale
Title: Vice Chairman
Date: May 29, 2003
VOL 4~ PAGE I S4
Date I ~
WELLS FARGO BANK TEXAS, NATIONAL ASSOCIATION
CERTIFICATION
I, Isabel Olivo, an Assistant Secretary of Wells Fargo Bank Texas, National Association, a banking
association organized under the laws of the United States of America (the 'Bank"), hereby certify that:
1. The following resolution was duly adopted by the Board of Directors of the Bank at a meeting
thereof held on January 22, 1998, and that said resolution has not been amended or revoked and
remains in full force and effect on the date hereof
RESOLVED that instruments, documents, or agreements relating to or affecting the
property or business and affairs of this Bank, or of this Bank when acting in any representative or
fiduciary capacity, may be executed in its name, with or without its corporate seal, by the persons
hereinafter designated.
For the purposes of this resolution, "Executive Officer" shall mean any person
specifically designated as an Executive Officer of this Bank by resolution of the Board of
Directors, and "Signing Officer" shall mean the Chairman of the Board, the President, any Vice
President (including any Executive Vice President or any Senior Vice President), the Cashier, the
Controller, any Office President, any Managing Officer, any Assistant Vice President, Assistant
Cashier, any functional title which includes the word "Officer" (e.g., Commercial Banking Officer,
Personal Banking Officer, Trust Officer), or any other functional title hereinafter designated by the
Board of Directors as an officer of the Bank.
•s•
3. Any Signing Officer, acting alone, may execute:
a. Assignments of mortgages, releases or satisfactions of mortgages, certificates of redemption,
assignments of sheriffs certificates, trust deeds, and declarations of trust.
b. Transfers and assignments of stocks, bonds or other securities.
c. Loan agreements, letters of credit advised without confirmation, participation agreements and
certificates of participation.
d. Security agreements, financing statements, termination statements, continuation statements,
and statements of assignment with respect to which this Bank is a secured party, releases of
security interests in and liens upon personal property.
e. Receipts for any money or property paid or delivered to this Bank.
f. Demands, notices of acceleration, or extensions of the time for payment of any note or other
obligation held by this Bank.
r. Certifications of records, confirmations, and affidavits.
VOL q5 PAGE 11S
# lq
ORDER COMBINING POLLING PLACE LOCATION FOR
ELECTION PRECINCT 16 & ELECTION PRECINCT 52
WHEREAS, there exists at the present time a certain polling place which can no longer
be used for the purpose of conducting elections; and
WHEREAS, for the convenience of the voters it is recommended that Election Precinct
16 be combined with Election Precinct 52 and voting be conducted at the Brazos County
Courthouse, located at 300 E 26th Street, Bryan, Texas:
NOW, THEREFORE BE IT RESOLVED BY THE COMMISSIONERS COURT OF
BRAZOS COUNTY, TEXAS THAT:
Pursuant to Section 43.031 (d) of the Texas Election Code that the location of the polling
place be relocated in Brazos County to wit:
(i) That the polling place for Election Precinct 16 be combined with Election
Precinct 52 and vote at the Brazos County Courthouse, located at 300 E 26'
Street, Bryan, Texas;
(2) That the Submission be made to the Assistant Attorney General, Civil Rights
Division, Voting Selection, Department of Justice, Washington D.C.
requesting preclearance of the Order pursuant to Section 5 of the Federal
Voting Rights Act.
ADOPTED this day of 2003 by a vote of AYES and
NAYS.
ATTEST
Karen McQueen, County Clerk
Sims, County Judge
VOL 4c, PAGE lAl
The T,ag e
CONTRACT FOR MUNICIPAL ADVERTHS&4NG
Datc: June 10. 2003
To earn a reduced rats on municipal display advertising published in The Eagle, the undersigned Advertiser
hereby agrees to purchase space in The Eagle and to abide by all terms and conditions of this Contract.
Starting Date: July 1.2)03
Length of Contract: Twelve Months
Expiration Date: June 35. 2004
Rate: Dally: $16.51 inch. Sunday: $16.99 inch
In the proposed system, the City will be guaranteed a set price per inch for the contract period without regard to
the number of inches run each month, nor will there be a minimum number of inches required.
This contract is based on nine column format. Ads running in retail on six column format would be converted to
nine column equivalents and the rate applied (as noted above).
A carrying charge of 1Yi% per month will be charged on all accounts not paid in full by the Ile day of the month
following advertising insertion. The Advertiser also covenants to pay all costs incurred by The Eagle enforcing
this Contract, Including collection and attorneys fees (up to 50% of the amount in default) should the Advertiser
default in payment.
For value received, Advertiser assigns to The Eagle all right, title and interest to all layouts of advertisements
placed with The Eagl9 which represent the creative effort of the newspaper and/or utilization of its own
illustrations, labor, composition or material. Advertiser understands that because of said assignment, he cannot
authorize photographic or other reproduction of any such advertising layout appearing in The Eagle in any other
publication without the express written consent of The Eagle.
It is further understood that this assignment does not preclude Advertiser from supplying to other publications
similar or identical material or information for production of advertisements by such publications or from
suggesting the content or form of such advertisements.
If disaster, work stoppage, newsprint rationing, or other emergency shall cause publishing difficulties, the
Publisher shall have the right to revise this Contract so as to prorate the available space on an equitable basis.
(Please print or type this section)
ADVERTISER: Brazos County Auditors
ACCT: 216670
Address:
Signed byi''
Title: County Judge
Eagle
(approved by)
(date
CC: Legal Clerk-Joyce Hayes, Classified-Karen Steptoe, Retail Display-Curtis Stone
Contract\00cauditors
1729 Btiarcrest E O. Box 3000 Bryan, Texas 77805 - (979) 7764444 w ..theeaglexc
VOL 1l- > PAGE 19%
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VOL PAGE
#1"o(b
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR
NO-02/03-30.1 thru NO. 02/03.3
On this the 17`h day of June 2003 at a regular meeting of the Commissioners' Court, the following
members were present:
Randy Sims, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
E. Duane Peters, Commissioner, Precinct 2;
G. Kenny Mallard, Commissioner, Precinct 3;
Carey Cauley, Jr., Commissioner, Precinct 4;
Karen McQueen, County Clerk.
The following proceedings were held:
THAT WHEREAS, on June 17, 2003 the Court heard and approved a budget amendment for the
2002-2003 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 August 23, 2002 the
following amendment(s) to the original are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 17`n day of June, 2003.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
Original: County Clerk's Office and attached to the
original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
VOL q6 PAGE l`l
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/03-30.1
6/17/2003
FD
DIV
ACCT
PR0j
DR/CR
ACCOUNT NAME
Increase
Decrease
01
310001
654500
Dr.
Office Equipment
$ 750.00
01
310001
602400
Cr
Detention Supplies
$ 750.00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/03-30.2
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 340001 731800 DR B.V. Council of Govt. $ 500.00
01 340001 611300 CR Contingency $ 500.00
Indigent Health Care- To provide funding for the software at BVCOG for HIPPA compliance
BVCOG to purchase and request reimbursement from County
500.00 1 500.00
VOL `t ) PAGE l
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/03-39.3
6/17/2003
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
30
3161
617500
316103
DR
Telephone - Cellular
$ 2,250.00
30
3161
611100
316103
DR
Conference and Seminar Fe
450.00
30
3161
618010
316103
DR
Travel
1,300.00
30
3161
710400
316103
CR
Contract Placement
4,000.00
Communit
y Corrections Grant
To Create Line Items for Training
, Travel and Telephone usage that was left off of the on inal budget.
4,000.00
4,000.00
VOL 45 PP:SE l~1__3
PERSONNEL CHANGE OF STATUS
page 1 of 1
COURT DATE: June 17, 2003
DEPARTMENT: Personnel
PURPOSE: Approve Personnel Change of Status
DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED
DISTRICT CLERK
APPLEGATE, KIMBERLY
CHAPMAN, COURTNEY
HAMILTON, KIMBERLY
SELVERA, TAMMY
PACK,GLENDA
PROMOTION
PROMOTION
PROMOTION
NEW HIRE - FULL TIME
NEW HIRE - FULL TIME
JUSTICE OF THE PEACE
PCT. 2-2
SHERIFF'S OFFICE - JAIL
JUVENILE SERVICES
GIBBS, MYRTLE ELAINE
PRITCHARD, DAVID
WEST, NEZZIE
IRVIN, KATHERINE
JOHNSON, LANDON
NEW HIRE - FULL TIME
RESIGNATION
RESIGNATION
TRANSFER WITHIN DEPT.
NEW HIRE-TEMPORARY
AG. EXTENSION
SEE-HRUSKA,REBEKAH RESIGNATION
ROAD AND BRIDGE
GOODBREAD, SAMUEL NEW HIRE-TEMPORARY
ROBINSON, HARVEY NEW HIRE - TEMPORARY
Approved in Commissioners' Court: June 17 2003
County Judge's or Commissioner's Signature:
(This copy to be attached to minutes)
VOL 45 PAGE III
4 aT
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Load and Bridge
DATE OF COURT MEETING: June 17. 2003
ITEM: Request from Patterson Petroleum LP to construct road bores to install a
produced water gathering pipeline and a natural gas pipeline in the right-of-way of Oak
Lake Road approximately 4.850 ft. and 4,855 ft from FM 2038 This is a change from
the previous locations originally approved by Commissioners' Court on April 1 2003
and April 22. 2003 (see attached copies of court action forms) Fees were paid with
original requests. Site is located in Precinct 2.
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
Control Devices for Streets and Highways, published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY:
Richard F. Vance, P.E.
County Engineer
0003-053
ROVED
Commissioner Duane eters
Precinct 2
Approved/ Denied ❑ by Commissioners Court
Date:
Randy Si County Judge
VOL 4 PAGE 1 15
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge
DATE OF COURT MEETING: April 1. 2003
ITEM: Reauest from Patterson Petroleum LP to construct a road bore to install a
natural gas gathering pipeline in the right-of-way of Oak Lake Road approximately
6,700 feet east of FM 2038 Company Check No 1419 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
Control Devices for Streets and Highways published bythe Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY:
,APPROVED BY:
Commissioner Duane Peters
S~)
Precinct 2
Approved 0 -1 Denied ❑ by Commissioners Court
Date: 4VII,112 33
RicHard F. Vance, P.E.
County Engineer
0003-028
VOL 45 PAGE III
n
OOFY
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge
DATE OF COURT MEETING: April 22, 2003
ITEM: Request from Patterson Petroleum LP to construct a road bore to install a
produced water gathering pipeline in the right-of-way of Oak Lake Road approximately
6,705 feet from FM 2038. ComDany Check No. 1420 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
Control Devices for Streets and Highways published by the Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
II. ACTION REQUESTED OR ALTERNATIVES:
SUBMI ED BY:
Richard F. Vance, P.E.
County Engineer
APPROVED BY:
C~
Commissioner Duane Peters
Precinct 2
0003-032
Approved Denied b Commissioners Court
Date:
Randy Sim ,County Judge
VOL 45 PAGE 1 ~-l
PATTERSON PETROLEUM LP
_ A LIMITED PARTNERSHIP -
Patterson Petroleum, LP
Harrold Smith
654 N. Sam Houston Parkway E.
Suite 330
Houston, Texas 77060
281-591-1381
May 28, 2003
Brazos County Road and Bridge
C/O Mr. Ray Crow
2617 Hwy 21 W
Bryan, Texas 77803
979-822-2127
Re: Re-Permitting Road Bores on Oak Lake Road Brazos County Texas
Dear Ray,
I am writing to you requesting a change in the road bore locations to be used in
the crossing of Oak Lake Road approximately 4850' East of FM 2038. We have had to
re-route the line due to right-of-way issues. The permits issued for the gas line (4/01/03)
and the water line (4/22/03) will not be used. Your attention to this matter is greatly
appreciated.
Sincerely,
Harrold Smith
Engineer
654 N. Sam Houston Parkway East, Suite 330 • Houston, Texas 77060 • (281) 591-1381 • Fax (281) 591-6006
VOL 115 PAGE 1~9
OAK LAKE ROAD CROSSING
I
65' 01
R/W
Oak Lake Road
Warning Sign
2'- 0" Min.
4'- 0" Min.
Warning Sign
4'- 0" Min.
Pipeline - 6 1/2" 0.280 Wall API 5LX42 i
MEASURED WIDTH OF COUNTY
ROAD RIGHT OF WAY
PROFILE
Patterson Petroleum LP
Prepared By: HD Smith Oak Lake Road Crossing
May28,2W3 Brazos County, Texas
VOL lf~) PAGE Z)cx'
Patterson Petroleum LP
Prepared By HD Smith Oak Lake Road Crossing
MaY28.2003 Brazos County, Texas
a
VOL L6 PAGE .;201
0 'Wrn v 0 .5mi
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 1C and/or Parallel Installation _
654 N m Ho ~c on Pkwy F 4310 Road' -Oak Jake Rn=.A
Houston, Texas 77060 Precinct Number: 2
Formal notice is hereby given that (applicant) Patterson Petroleum proposes to
place a (type)Produced water Gathering pipeline within the right-of-way of (road)-
Oak Lake Road in Brazos County, Texas as follows: 4855' from FM 2038, a 6.5"
cased roa re crossing that will contain a 3.5" poly pipeline.
The location or description 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 feet (2') 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. D-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.
11. Construction shall be in strict conformance to the latest texas Manual on Uniform Traffic Control
Devices for Streets and Hiohwavs, 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 11 day of June 2003
APPROVED BY COMMISSIONERS'
COURT ONE:
Date 17
i7
County
APPLICANT:
Patterson Petroleum LP
Company Name
Harrold Smith Ftlgineer
Company Representativorritle S,el,,
281-591-1381
Telephone Number
VOL '-IS PAGE
OAK LAKE ROAD CROSSING
R/W
I
Warning Sign
65'
Oak Lake Road
Warning Sign
2'- 0" Min.
4'- 0" Min.
4'- 0" Min.
Pipeline - 6 1/2" 0.280 Wall API 5LX42
PROFILE
Patterson Petroleum LP
Prepared By. HD Smith Oak Lake Road Crossing
May 28, 20M Brazos County, Texas
MEASURED WIDTH OF COUNTY
ROAD RIGHT OF WAY
VOL 4~) PAGE ?-0 3
Patterson Petroleum LP
Oak Lake Road Crossing
. HMay28,20M Brazos County, Texas
VOL 45 PAGE P,0`I--
0' 'LCm v 0' 1.5mi
41
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: June 17, 2003
ITEM: Permission to enter Jerry Priddy's property located off Wheelock Hall Road for
the purpose of securing a temporary work space for bridge structure replacement on
Wheelock Hall Road Signed permission form is attached Site is located in Precinct 2
SOURCE OF FUNDS: N/A
ADDITIONAL WORK DESCRIPTION:
Some brush and trees may have to be removed. If the permanent fence needs to be
moved, a temporary fence will be constructed to contain livestock and a new fence built in
place after bridge work has been completed.
NOTES/EXCEPTIONS:
SUBMITTED BY:
Richard F. Vance, P.E.
County Engineer
0003-052
This Request is
Date:
Randy S
APPROVED BY:
Commissioner Duane Pe ers
Precinct 2
ied❑ by Commissioners Court
Judge
VOL t05, PAGE .-005
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS PERMISSION FORM
Alvin W. Jones
County Judge
Tony Jones
Cormwssioner PU 1
O~
J\ .
Wilaim S. Thomton
Com
i
i
P
0
U
m
ss
oner
ct 2
Randy Sims
r
0
Commissioner Pct 3
+0
~ an10GE'
Carey Cauley
Commissioner PU 4
Date June 4, 2003
1. LAND OWNER AND ADDRESS Jerry Priddy
P.O. Box 7212
Bryan, Texas 77805
II. LOCATION OF WORK Wheelock Hall Road
III. DESCRIPTION OF WORK TO BE DONE Permis
sion
to enter your
Prop
erty
for the purpose of securing a temporary work
space
approximately
50'
x 100'
at the bridge on Wheelock Hall Road. This space will be used by the
bridge builder for working room. Some brush and trees may have to be removed.
If the permanent fence needs to be moved a new one will-be built in its place
IV. MAINTENANCE YES _ NO x after the construction of the bridg
Tvm/-aar cQ usiL( `GP Phi cttcO ~e~ ><a C'On74~ CC~u e5~arl~~,
U ' YES, ESTfMATE FREQUENCY OF MAINTeNANCElczec
II be notified prior to mainte ce)
R `cl~c r ~v eke 3
Richard F. Vance, P. .
County Engineer
Owner's Signature:
will
o..,.:..,.__ e:,~„r--- emantRig of Way Agent
DATE A0 Q
U0I.45-PAGE 2~~
ORDER
HEREAS, Irrevocable Letter of Credit No. SC2601 in the amount of
$10,003.00 was established in favor of the Brazos County Treasurer on March 15, 2001
at the quest of Ranger Ins. Co. to secure bail bonds written by Gage Gandy, agent for
Range ns. Co. as bail bond surety licensee #1 -0 1 in Brazos County, Texas, and
HEREAS, Ranger Ins. Co. has now deposited a certificate of deposit payable
to the azos County Treasurer to secure these bonds; and
bonds;
REAS, the irrevocable letter of credit is no longer needed to secure bail
HEREFORE, the Brazos County Commissioners Court hereby declares that it
is can ling the obligation of Southwest Bank of Texas, Houston, Texas, as to
Irrevo 'b le Letter of Credit Number SC 2601.
PROVED on this the 17`h day of June '2003.
Randy Sims razos County Judge
-o E ~j
i s .
M •
` G
Karo" 41c ueen .County C
t
Fn
Vol. . " pg. '24 -A