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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 C~ ) - BRAZOS COUNTY COMMISSIONERS COURT MEETING ON i7 2003 AT '00,4M e;~-;Df+ ~ I fi~l V ~w`rn A PA I ~/~-.fSL-cSS pv VOL'4S PAGE I b S BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ,e /21 2003 AT ~91vl NA 0RGANlJ7 A TjnN/WP A R TN/f P KTT (RtO1 SP z . z tc~ G.SCiGc- .a- (C1~ l L7 fS~~lvO-N~ t2 - 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% # Jq D o m o Cl) o d v 0 0 0 > m co cA CD 1 " ti ID O n d c n i o of co n m' n m m I c- m m x N p + (n O CD V Q CD C~ 69 ~ 6e 69 (p A O O 0 + O 0) p 69 YTli co - p O - V 69 W + V 69 O O 1 Cn CD 64 64 6 i . W m + o~ 69 :4 69 co I ~ D (0 co N O V OOj t W T v 0) W 9 j -4 00 O ° TT O Co O 0 0 0 o O O O v o + 90 O O O I O + N cn I N 1 V O m A cn 69 + \ p) - 69 V 69 N (9 O 1 11 co K) CJI 0 (M CD N co CD C) CD N CA 0 O O O '4 O O G O O O 0 k q „ 9 ILS A 69 A o N m W _ °f o ° o j ° W to ~ o Z o co ° w cn ni -I w 03 r in cl) I O N i (n co O IV OD m C JI rn N m O v 4iv T N N 63 vii ~°ma l 69 ~pr.; O O co 00 -4 W OD 4 G) W co \ W co 6q 0) (n O i w (n W Cn N co O b) N in r rn p + i"Z . V 0 O O -4 O W O O O cn p O O 69 69 ° 69 EA O ~ EA CA V O _ cD ? Ul Co D W W CA Z -4 Cil 6 EA 64 (n EA m 1 69 O N 0 P O -4 O CA . O O O CD V 90 O V A CA Cn X ° CA c 11 p O 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