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2003-08-19-6:30PM-Regular
.e BRAZOS COUNTS MtlG IS A q' BRYAN. TEXA93 M(oy6o(6(QOZRufY NOTICE OF MEETING - AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 19 AUGUST 2003 AT 6:30 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard 2. Call for citizen's input and/or concerns Consider and take action on agenda items 3-23: 3. Budget Amendments 02/03-` 6.1 thru 02/03-39.9 4. Personnel Change of Status requests 5. Freezing of Position Changes and Salary Increases until the beginning of the new fiscal year (1 October 2003) 6. Payment of Claims 7. Request by Constable, Precinct 3, for Eddie Lohse to be approved as a non-paid full time Reserve Deputy Constable 8. Increase in the Monthly Premiums for the Brazos County Group Medical Insurance Coverage, effective 10/01/2003 9. Reimbursement of medical claims expenses 10. Request to set an hourly rate of $25.00 for the election tabulator supervisor and tabulators 11. Request for approval of the lease agreement between the Brazos Valley Art League and Brazos County for use of the Brazos Center to conduct their meetings, classes, exhibits and workshops. Agreement is from 1 June 2003 to 30 November 2003 for a fixed minimum rent of $480.00 per month. There are no changes in this agreement from the previous year VOL 44 PAGE t(01 Commissioners Court Agenda 19 August 2003 Page 2 12. Renewal of MPO Fiscal and Personnel Management Agreement. 13. Legal Services Agreement with the law firm of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel. 14. Review of Tax Refund Applications for the following: a. Cynthia F. Josey i. Mollie L. Stuart b. Melvin L. Seay c. Fred W. & A.H. Keller d. Vera K. Martin e. Vera K. Martin f Odessa Thurman g. Maria Foster It. Delfrno & Elivira Sanchez j. Mary Edna Dorsey k. Geraldine L. Sprague 1. Johnny Ben Degelia m. Phillip R. & Jackie W. Milan n. James H. & Kayla J. Glover o. Summit Properties c/o Ramsey A. Ramsay p. Summit Properties c/o Ramsey A. Ramsay 15. Renewal of RFP #2002-056 - Representation of Indigent Juvenile (new RFP number will be 2003-044R). 16. Approval of BID #2003-039 - Cleaning Supplies for Jail. 17. Request for permission to advertise the following bids: a. Bid #2003-046 - Flexible Base/Screenings/Sand annual bid (R&B) b. Bid #2003-047 - Hot Mix Asphalt annual contract (R&B) c. Bid #2003-048 - Culverts, Various Types annual contract (R&B) d. Bid #2003-049 - Lane Striping/Pavement Markers annual contract (R&B) e. Bid #2003-050 - Aggregate for Surface Treatment annual contract (R&B) 18. Approval of Blanket Maintenance Agreement for copiers. 19. Request to enter Bill Sparkman's property located off Cain Road for the purpose of leveling the land to drain water from the proposed new Jones-Butler Road (previously new I&GN Road). Site is located in Precinct 1. 20. Request from Wickson Creek Special Utility District to construct a road bore fo rwater line installation in the right of way of Edge Cut Off Road approximately 2,200 feet from its intersection with Short Cut Road. Site is located in Precinct 2. 21. Permission to enter Sandra Ford's property located off Grassbur Road for the purpose of constructing a water gap at the new bridge. Site is located in Precinct 2. 22. Permission to enter Fletcher German, Jr.'s property located off Cain Road for the purpose of leveling the land to drain water from the proposed new Jones-Butler Road (previously the new I&GN Road). Site is located in Precinct 1. 23. Permission to enter Kyle Kacal's property located off Greens Prairie Road for the purpose of installing a water gap at Carter Creek. Site is located in Precinct 3. 24. Acknowledge receipt of additional monthly reports for the month of July 2003. These are available for review in the County Judge's Office. VOL 0 PAGE /lba BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 -if 4 DATE OF COURT MEETING: August 19. 2003 ITEM: Permission to enter Sandra Ford's property located off Grassbur Road for the purpose of constructing a water gap at the new bridge Site is located in Precinct 2 SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS: SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0003-082 This Request is Date: ll,~ APPROVED BY: Commissioner Duan Peters Precinct 2 ❑ by Commissioners Court Randy Simp(County Judge VOL y4 PAGE 163 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jones Commissioner Pct 1 Duane Peters Commissioner Pcl 2 Kenny Mallard Commissioner Pd 3 Carey Cauley Commissioner Pct 4 Date illy 91, gnn3 I. LAND OWNER AND ADDRESS Sandra Ford 1805 Briarcrest Drive Bryan, Texas 77802 if. LOCATION OF WORK Grassbur Road at bridge III. DESCRIPTION OF WORK TO BE DONE Permission to enter property for the purpose of constructing a water gap at the new bridge. IV. MAINTENANCE YES NO x IF YES, ESTIMATE FREQUENCY OF MAINTENANCE (Owner will be not ed prior to maintenance) ~ IAM0- o cQ Richard F. Vance, P.E. Z u? Engineer Aide / Foreman / Ri of Way Agent County Engineer C~Ltoz07ntyr Owner's Signaturevn~aJ DATE 8/x/0 VOL 4`+ PAGE I(f+ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 19, 2003 ITEM: Permission to enter Fletcher German Jr's property located off Cain Road for the purpose of leveling the land to drain water from the proposed new Jones-Butler Road (previously new I&GN Road) Site is located in Precinct 1 SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS: SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0003-083 This I Date: Randy Sir}tg, County Judge APPROVED Co ssion erW y Jones Precinct 1 ❑ by Commissioners Court VOL " PAGE x(65 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jones Commissioner Pct 1 Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pet 3 Carey Cauley Commissioner Pct 4 Date August 1, 2003 LAND OWNER AND ADDRESS Fletcher German, Jr. 3423 Cain Road College Station, Texas 77845 II. LOCATION OF WORK I & GN Road / Jones-Butler Road III. DESCRIPTION OF WORK TO BE DONE Enter property for the purpose of leveling land for drainage purposes. mm,-r/ L L /-JAT /2 HO LC //VS~~c-c- G=aT~ ~ vc~ ' f=RnM ~ ie- ~/F EN,. n ~ f~a ps~ ~ ~ ~EnfC N><ER CHasC7 IV. MAINTENANCE YES NO x IF YES, ESTIMATE FREQUENCY OF MAINTENANCE (Owner will be no ied prior to maintenance) Richard F. Vance, P Tact,: Qagin r j~rn^n / Right o Agent County Engineer CC~~ Owner's Signature: Zr/u~e rrr~ ~,g DATE VOL q`f PAGE 14~ Commissioners Court Agenda 19 August 2003 Page 3 25. Announcement of interest items and possible future agenda topics. 26. Agency / Board / Committee reports by Court members. 27. Call for citizen input and/or concerns. 28. Adjourn. The Brazos County 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. VOL 4`f PAGE 1 7 COMMISSIONERS' COURT REGULAR MEETING AUGUST 19, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held at the Brazos Center in Bryan, Brazos County, Texas, beginning at 6:30 p.m. on Tuesday, August 19, 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 Mallard gave the invocation and led the pledge of allegiance. There was no citizen input and/or concerns The Court next considered Budget Amendment #02/03-39.1 through 39.9, which would reallocate funds for Emergency Management (2), 85th District Court, County Court at Law #2 and Ag. Extension and transfer funds from Contingency to Constable, Precinct 3, Tax Office, Health and Life Fund, and Courthouse Security. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which VOL Ll q PAGE L (4 $ Commissioners Court meeting August 19, 2003 2 is attached. Commissioner Mallard noted that one amendment in the amount of $510,000 was for Health Insurance. He said that he was working on changes because Brazos County cannot continue to cover the deficit. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered freezing position changes and salary increases until the beginning of the new fiscal year. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to freeze position changes and salary increases. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20044B97 through 20045150 On motion by Commissioner Jones, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The Court next considered a request from Constable Precinct 3, Wayne Thompson, to appoint Eddie Lohse as unpaid Reserve Deputy Constable. On motion by Commissioner Mallard, VOL Wl PAGE ~ ct Commissioners' Court meeting August 19, 2003 3 seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Constable Thompson to appoint Eddie Lohse as unpaid Reserve Deputy Constable subject to appointment being within the allotted number of deputies. The Court next considered approval of an increase in the monthly premiums for the Brazos County Group Medical Insurance Coverage, effective October 1, 2003. The proposed increase is $50.00 per month. The County will fund the first $25.00, the second $25.00 will be paid by the employee. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the increase in monthly premiums, effective October 1, 2003. Commissioner Jones noted that there could be a change in the plan effective January 1, 2009 but this should not affect the premiums. A copy of the new schedule is attached. The Court next considered reimbursement of medical claims expenses. Commissioner Peters moved to approve reimbursing Ray Truelove for expenses incurred when he had surgery. The County Judge noted that he didn't feel he followed procedure and that the County should not pay. Commissioner Peters commented on his reasons for approval. Commissioner Cauley seconded the motion. Commissioners Jones, Peters, Mallard and Cauley voted "Aye". The County Judge voted "No". The motion VOL 4 q PAGE Commissioners' Court meeting August 19, 2003 5 extend through September 2006. A copy is attached. The next matter before the Court was the approval of a Legal Services Agreement with the law firm of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the legal services agreement. The fees for legal services will vary depending on the expertise and experience of the individual. The standard billing rate for partners is from $350 and $195 per hour, for associates $195 and $100 per hour; paralegals $80 and $65 per hour and la clerks is $60 per hour. A copy of the agreement is attached. The next matter for consideration was approval of tax refund applications for the following individuals and/or companies that were approved by the Appraisal Review Board (ARB) : Cynthia F. Josey $ 65.02 Melvin L. Seay $ 52.70 Fred W. & A.H Keller $131.35 Vera K. Martin $210.00 Vera K. Martin $207.36 Odessa Thurman $ 14.18 Maria F oster $ 29.23 Delfino & Elivira Sanchez $137.77 Mollie L. Stuart $184.83 Mary Ed na Dorsey $207.30 Geraldi ne L. Sprague $207.30 Johnny Ben Degelia $147.39 Phillip R. & Jackie W. Milan $ 49.75 James H . & Kayla J. Glover Revocab le Living Trust $207.30 Summit Properties VOL W y PAGE i Commissioners' Court meeting August 19, 2003 6 c/o Ramsey A. Ramsay $ 16.91 Summit Properties c/o Ramsey A. Ramsay $ 15.02 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the refund applications. The Court next considered the renewal of RFP #2002-056, Representation of Indigent Juveniles. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to renew the proposal for the representation of indigent juveniles with Patrick Gendron, Lane D. Thibodeaux and Patricia Bonilla Harrison for fiscal year 2004. The new RFP number is 2003-044R with an increase in the billing amount to $145,000.00. The Court next considered approval of Bid 42003-039, Cleaning Supplies for the Jail. The Purchasing Agent recommended acceptance of the bid submitted by Team Systems. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Team Systems. A copy of the bid tabulation is attached. The next matter for consideration was approval for the Purchasing Agent to advertise for the following bids for annual contracts for the Road and Bridge Department: VOL X14 PAGE 17 Commissioners' Court meeting August 19, 2003 7 a. Bid 2003-046, Flexible Base/Screenings/Sand b. Bid 2003-047, Hot Mix Asphalt c. Bid 2003-048, Culverts, Various Types d. Bid 2003-049, Lane Striping/Pavement Markers e. Bid 2003-050, Aggregate for Surface Treatment On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids. The Court next considered approval of an amended Blanket Maintenance Agreement with IKON to cover 25 additional copiers. These copiers are not covered by state contract agreements. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the amended maintenance agreement. A copy of the agreement is attached. 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 Bill Sparkman on Cain Road in Precinct 1 to level the land to drain water from the proposed new Jones-Butler Road. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to authorize the work. VOL Ll y PAGE l"Y Commissioners' Court meeting August 19, 2003 8 The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for waterline installation in the right-of-way of Edge Cut Off Road approximately 2,200 feet from its intersection with Short Cut Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to approve the request from Wickson Creek Special Utility District 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 Sandra Ford on Grassbur Road in Precinct 2 to construct a water gap at the new bridge. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. 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 Fletcher German, VOL W q PAGE I'1 S Commissioners' Court meeting August 19, 2003 9 Jr. on Cain Road in Precinct 1 to level the land to drain water from the proposed new Jones-butler Road. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to authorize the work. 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 Kyle Kacal on Greens Prairie Road in Precinct 3 to install a water gap at Carter Creek. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court acknowledged receipt of additional reports for July 2003, from the County and Precinct Offices showing revenues collected and remitted to the County Treasurer. 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) Said that the Court would be introducing a new Ag Extension Agent at the next Commissioners Court meeting. VOL !i y PAGE ► -/cr Commissioners' Court meeting August 19, 2003 10 b) Brazos Beautiful will be presenting an award at the next Commissioner Court meeting. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) Said that he had gone to Irving to hear discussion on the High Speed Rail and Transportion. It was a good conference. Commissioner Jones a) Met with the Intergovernmental committee and they looked at late night drinking and what can be done to regulate it. The Police Chiefs are in support of regulations. b) The Court will meet on September 12 to adopt the budget. Later on that day there will be a retreat to discuss intergovernmental topics. c) He spoke with John McBeth in reference to the parking garage. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. VOL 11 g PAGE I .l-t The foregoing minutes of the Commissioners Court meeting held August 19, 2003 have been examined and are approved in open Court this the ~L day of , 2003, in Bryan, Brazos County, Texas. Randy S County Duane Peters Commissioner, Precinct 2 arey, au ey, Jr. Commis ioner, Pre inct 4 Attest:, a en McQueen County Clerk T C , Precinct 1 Kenny Malla~ Commissioner, Precinct VOL tj LI PAGE H X BRAZOS COUNTY 'COMMISSIONERS COURT MEETING ON200 3 AT ~Wc2.1-k NAMF, ORGANIZATION/DEPARTMENT i LQ~,,__ de J c ~..9- 0'A i l M6' L ~Civvvt,~i~• )LI VOL q9 PAGE (761 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 00 AT NAME ORGANIZATION/DEPARTMENT VOL 114 PAGE I WO 43 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR NO. 02/03-39.1 thru 02/03-39.9 On this the 19'h day of August 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, Commissioner, Precinct I 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 August 19, 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 19'h day of August, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. 5 By-- 4/ R y Sims, County Judge 5FA Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes ltn~ y 4 PVE 181 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-39.1 8/19/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 355001 615000 Dr. Printing $ 300.00 01 355001 616800 Dr. Training $ 570.00 01 355001 610400 Dr. Awards $ 550.00 01 355001 606000 Dr. Office Supplies $ 500.00 01 355001 659500 Cr. Vehicles 300.00 01 355001 672110 Cr. Software 400.00 01 355001 610100 Cr. Advertising 170.00 01 355001 654500 Cr. Office Maintenance 150.00 01 355001 715000 Cr. Rental $ 150.00 01 355001 725900 Cr. Professional Fees $ 250.00 01 355001 618010 Cr. Travel 500.00 Emer enc Management $ 1,920.00 $ 1,920.00 BWOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-39.2 8/19/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 220001 672300 Dr. _ Copier $ 800.00 01 220001 654500 Cr. Office Equipment Maint. 482.00 01 220001 611100 Cr. Conference & Seminars 318.00 85th District Court To purchase a fax card to o into the current co machine to enable it to receive faxes and lace that machine on double use. It's cheaper than a new fax machine & the service contract is the same. The current fax machine no Ion er works. $ 800.00 $ 800.00 VOL Lly PAGE 1,33 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS _ No. 02/03-39.3 8/19/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 355001 672810 Dr. Equipment - Electronic $ 300.00 Ol 355001 672110 Cr. Software 300.00 Emergency Management To rovide additional ftxndin for the urchase of a power point visual aids stem $ 300.00 $ 300.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-39.3 FD Ol 01 Ol 01 01 DIV 355001 355001 355001 355001 355001 ACCT 672860 611100 655500 672110 715060 P ROJ DR/CR Dr. Cr. Cr. Cr. Cr. a."4VU0 ACCOUNT NAME ui ment - Other Conference & Seminars Radio Maintenance Software Rental Office Increase $ 1,435.00 Decrease 85.00 200.00 1,100.00 50.00 Emerge acManagement To provide additional fiardin for the urchase of oint visuai aids stem $ 1,435.00 $ 1,435.00 ,jot 0 PME (kS BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-39.4 8/19/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 303011 653500 Dr. Gasoline $ 800.00 01 110015 611300 Cr. Contingency 800.00 Constable Pct. 3 To increase the gasoline line item to allow expenditures anticipated for Au ust and Se tember. $ 800.00 $ 800.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-39.5 8/19/2003 FD 01 01 DIV 130001 110015 ACCT 676700 611300 PROJ DR/CR DR CR ACCOUNT NAME Printers Contingency Increase $ 1,300.00 Decrease 1,300.00 Tax Office - To move funds to provide for the replacement of a printer. One printer r lacement was a roved on the Jul 1st agendad another was a roved on the Jul 15th a enda. $ 1,300.00 $ 1,300.00 VOL!l'LPAGE IQ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-39.6 8/19/2003 FD DW ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 913300 DR Transfers to Health and Life $510,000.00 01 110015 611300 CR Contingency 510,000.00 Health and Life Fund- To transfer funds to provide fundin for the remainder of the 02-03 fiscal year. VOL 44 PAGE INS BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-39.7 8/19/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 231001 676700 Dr. Printer $ 500.00 01 231001 606000 Cr. Office supplies 500.00 Count Court at Law #2 To reclassify budget to allow the p base of new printer. $ 500.00 $ 500.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-39.8 - 8/19/2003 FD DIV ACCT PROT DR/CR ACCOUNT NAME Increase Decrease 22 510001 653200 DR Equipment Maintenace $ 700.00 22 510001 611300 CR Contingency 700.00 Courthouse Security - To transfer funds to a for a re uired radiation surve . $ 700.00 $ 700.00 # q PERSONNEL CHANGE OF STATUS Page I of 1 COURT DATE: August 19, 2003 DEPARTMENT: Personnel PURPOSE: AR~Irove Personnel Change ...of.... Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED DISTRICT CLERK CARVIN, MARY RESIGNATION ROAD AND BRIDGE SHERIFF'S OFFICE/JAIL COUNTY ATTORNEY FLORA, BILL SANDERS, RICHARD ANDERSON, RODNEY MATZKE, AMANDA RISINGER, BRIAN HIGGINSON, DAVID GILES, SPENCER BAILEY, BRENDA MATZKE, WM. FLINT MAGNESS, JUDITY PRICE, IRVIN R. PHARISS, JACK RESIGNATION NEW HIRE-FULL TIME SALARY INCREASE SALARY INCREASE SALARY INCREASE SALARY INCREASE SALARY INCREASE SALARY INCREASE SALARY INCREASE SALARY INCREASE SALARY INCREASE SALARY INCREASE Approved in Commissioners' Court: An ust 19 200 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL Z/ PAGE 1q1 STATE OF TEXAS I COUNTY OFBRAZOS This agreement is made between BRAZOS COUNTY, TEXAS, hereinafter called Lessor, and BRAZOS VALLEY ART LEAGUE, hereinafter called Lessee is as follows: Lessor, the Owner of the Brazos Center, a multi-use building and the adjacent grounds has agreed and does hereby agree, to lease and demise unto Lessee, a portion of the Brazos Center, hereinafter described, upon the following terms and conditions. 1. Lessee shall be exclusively entitled to the space allocated to it by the Director of the Center for a term beginning June 1, 2003 and ending November 30, 2003. The space allocated to Lessee as described in Attachment "A" hereto, which have been signed by the Director of the Center. (Room 106 and Closet) A. Lessee shall have access to this space during those hours in which the Brazos Center is open for normal business. Lessee will not have a key to the exterior door of the facility. B. Lessee shall use the leased premises solely for the use and purposes for which it is let, that being the conduct of the Brazos Valley Art League meetings, classes, exhibits and workshops. C. Lessee shall provide the Director of the Center with a monthly schedule of activities by the 15th of the preceding month. Lessor is responsible for verifying that the Center is scheduled to be open prior too scheduling activities. 2. A. In consideration therefore, Lessee agrees to pay the Lessor on the first working day of each calendar month during the term hereof, in advance, the sum of $480 representing the agreed monthly rental for use of such space as herein set forth. B. In addition, Lessee has permission to use Concourse and Assembly III for two art shows per year. The term for each not being longer than seven days. And Assembly IV for a workshop for 1 week if needed. VOL VY PAGE / f3 C. Lessor will make staff and chairs available to set the room one time per month, including the setting up and taking down of 6 tables, room will be set auditorium style for up to 40 persons, at the request of Lessee. Lessee will request this service at least 30 days in advance for each set-up. 3. Lessee agrees to arrange and hang work of local artists on a continual basis in Showcase III. Artist' s works chosen too be spotlighted are the sole responsibility of Lessee. At least six artists per year will be featured. The Brazos Center has the right to deny exhibition of any work that the director deems to be of questionable appropriateness. 4. Lessor shall furnish all utilities, including gas, water and electricity. Excluding telephone service. 5. Lessee will pay the regular User fees for space used by it, other than space allocated to it under this agreement. 6. Lessor does not provide and will not provide furnishings, custodial care, or maintenance of the space allocated to Lessee under this agreement. Lessor will replace light bulbs, only. 7. Lessee shall take good care of the space allocated to it, reasonable wear and tear only excepted, and shall surrender the premises at the termination of this agreement. 8. Lessee agrees that no improvements to or alterations to the spaces shall be made without the consent of Lessor in writing. 9. Risk of loss of all property owned by Lessee shall remain with Lessee, it being understood that Lessor will maintain no insurance on such property. Any insurance desired by Lessee on Lessee's property shall be purchased by Lessee at its expense. 10. Lessor shat not be liable to Lessee or the Lessee's employees for any damage to person or property caused by the negigent act of Lessor, its agent servants, or employees or due to the act of any other tenant in the budding, or due to any defect or want of repair in any part of the budding of which the allocated space forms a part. VOL of PAGE / y 11. Lessee agrees to hold Lessor harmless from any and all claims, damages, expenses, including attomey's fees, growing out of or arising from any negigent act on the part of Lessee, its agent servants or employees. 12. No sign shall be placed at, on, or about the premises by Lessee except with the approval of the Center Director in writing. One sign, no larger than 18" X 24"can be placed on each door. Design and materials to be approved in advance by center director. 13. This agreement can be terminated by either party upon written notice of intent delivered by U.S. mail, return receipt requested. The termination notice must allow the lessee 45 days from the date of the notice to vacate the premises, likewise, the lessee will give the lessor 45 days notice of intent to vacate; or the lessee shall pay the lessor a prorated amount of rent not to exceed $720.00 (seven hundred twenty dollars.) IN TESTIMONY WHEREOF, the parties to this agreement have hereunto set their hands in duplicate, the day and year written below. BRAZOS COUNTY, TEXAS RANDY SI S, BRAZOS COUNTY JUDGE LESSOR DATE BRAZOS VALLEY ART LEAGUE PRES., BRAZOS VALLEY ART LEAGUE, LESSEE DATE VOL 0 PAGE / q5 Z Q U o h N Q X LU Z ` M W LU I- Z W U U) O rv m VOL-~LPAGE ~?1v 2A(;UHL CERTIFICATE OF LIAq ITY INSURANCE of/(MMIDD PRODUCER (979)764-.8¢44 FAX (979)694-7603 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION bexter & Company of Central Texas, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1509 Emerald Parkwa HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 103 College Station, TX 77845 INSURERS AFFORDING COVERAGE _ INSURED Brazos Valley Art League INSURERA Germania Insurance Company 3232 Briarcrest Dr. INSURER B: Bryan, TX 77802-3015 INSURER C: INSURER D. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POJCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF MAY PERTAIN, THE INSURANCE AFFORDED BY THE POJCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- INSR TYPE OF INSURANCE POLICY NUMBER DPOLICY ATE IM EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY SO05046872 08/28/2002 08/28/2003 EACH OCCURRENCE - $ 1000 OOU X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fee) S 100 004 CLAIMS MADE O OCCUR MED EXP (Any ene person) $ S.0010 A - PERSONAL S ADV WUURY S 1 000 000 , , GENERAL AGGREGATE $ 1 000 000 , , GEM AGGREGATE LIAR APPLIES PER D PRODUCTS -COWIOP AGG $ Included POLICY T - LOC AUTOMOBILE LIABILITY SINGLE LIAR COMBINED $ ANY AUTO 1 A ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY (accidentDAMAGE $ GARAGE LABILITY AUTO ONLY-EA ACCIDENT S H ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S S DEDUCTIBLE S RETENTION $ i S WORKERS COMPENSATION AND M OE EMPLOYERS' LABILITY TORY LI BS I E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L DISEASE - POLICY LIMB S OTTER - - I DESCRIPTION OF OPERATIONSILOCATIONSNQICLESIEXCLUSIONS ADDED BY EM ORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER I I Anrvnnuei IYlGCI,. rALI CMl I A"AU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Brazos County Risk Management EXPIRATION DATE THEREOF, THE ISSUING COMPANY WALL ENDEAVOR TO MAIL Mr. Bill Jeans 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 300 E 26th St. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE No OBLIGATION OR LABILITY Suite 1666 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Bryan, TX 77803 AUTHORIZED REPRESENTATIVE t `w V•~•I FAA: k979)361-4680 UACUKU COYPORATION 1988 VOLqq PAGE I f `\\\J\I C Bryan-College Station Metropolitan Planning Organization Policy Committee RESOLUTION 2003-08 A RESOLUTION FOR THE APPROVAL OF THE FISCAL AND PERSONNEL MANAGEMENT AGREEMENT BETWEEN THE MPO AND BRAZOS COUNTY. WHEREAS, the Policy Committee is charged with the responsibility of preparing financially constrained plans for the efficient use of local, state, and/or federal funds in Brazos County; and WHEREAS, the Policy Committee has an existing agreement with Brazos County such that Brazos County will act as the MPO1& fiscal agent providing purchasing/procurement, auditing, other accounting and personnel services; and WHEREAS, the existing agreement was established in October 2000 and is set to expire in September 2003; and WHEREAS, Brazos County must also consider and take action on this agreement; and WHEREAS, the MPO Transportation Planning Director is given the responsibility to direct and manage the MPO's budget, operations and personnel and recommends approval. NOW THEREFORE, be it resolved by the Bryan-College Station Metropolitan Planning Organization Policy Committee; 1. THAT, the Fiscal and Personnel Management Agreement in Exhibit "A" attached hereto and made a part of this resolution is hereby approved and may be submitted to Brazos County for consideration. 2. THAT, if no changes to the terms, purpose, and intent are suggested by Brazos County, the MPO Chairman is authorized to execute the agreement. VOL__{ _PAGE 1° Resolution 2003-08 4. THAT, this resolution becomes effective immediately upon adoption. DONE AND APPROVED, this 6 day of August 2003 Mr. Charles Sippi dge Randy Sft~~ Bryan-College Station MPO, Policy Committee POLICY COMMITTEE VOTE: Mr. Charles Sippial: i/ Chair Judge Randy Sims: Vice-Chair MOVED BY: c n q Mayor Ron Silvia: _ Member ti Mayor Jay Don Watson:-Member Mr. Lonny Traweek: t Member SECONDED BY:) 1x-k~ AT ST. 1 2 VOL___1_PAGE 07 Fiscal Agreement; MPO & Brazos Count, 1 Effective.: October 1. 2003 STATE OF TEXAS COUNTY OF BRAZOS FISCAL AND PERSONNEL MANAGEMENT AGREEMENT This agreement entered into by and between Brazos County, a political subdivision of the State of Texas, hereinafter referred to as the "County" and the Bryan-College Station Metropolitan Planning Organization's Policy Committee, hereinafter referred to as the "MPO", the designated Metropolitan Planning Organization (MPO) for the Bryan-College Station Urban area, as authorized by 23 U.S.C.A. 134 as amended by Section 1203 of the Transportation Equity Act for the 21" Century (TEA-21). WITNESSETH WHEREAS, 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Section 1203 of the Transportation Equity Act for the 21" Century et seq. require that Metropolitan Planning Organizations, in cooperation with the department and transit agencies, develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the MPO Policy Committee is the policy body that guides the local forum established pursuant to 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Section 1203 of the Transportation Equity Act for the 21 ° Century et seq. with the responsibility for establishing overall transportation for, and taking the required approval actions as the Metropolitan Planning Organization, comprising those governmental agencies identified in the original designation agreement and those agencies or organizations subsequently added to the membership of the board; and WHEREAS, the Governor of Texas has designated Bryan-College Station Policy Committee as the MPO for the Bryan-College Station Urban area; and WHEREAS, MPO requests that the County act as the financial disbursing agent for all MPO funds; and WHEREAS, the County, as one of the parties to an Inter-local Agreement creating MPO, has determined it is in the public interest to assist the MPO in securing and managing funds for transportation planning purposes in the local area; NOW, THEREFORE, the parties hereby agree as follows: ARTICLE I PLJRPnRF 1.01 The purpose of this Agreement is to provide fiscal and personnel management assistance to the MPO. Mars/files/filesff nagreewithBRAZOS2003.doc VOL gq PAGE 200 FiscalAgreement; MPO & Brazos County Effective: October 1, 2003 ARTICLE II TERM 2 2.01 The term of this Agreement begins on October 1, 2003 and ends September 30, 2006 or sooner by mutual agreement by both parties. This is not to be construed as the term of employment for employees providing services to the MPO. See Section 4.07 and 4.08 of this contract. ARTICLE III DESCRIPTION OF SERVICES 3.01 The County agrees to provide fiscal and personnel management assistance to the MPO by acting as the financial disbursing agent for MPO funds. ARTICLE IV FISCAL MANAGEMENT & DISBURSEMENT 4.01 The County shall maintain one or more separate trust accounts under the supervision of the County Auditor to carry out the requirements of this Agreement and is responsible only in the capacity of a trust officer for the funds involved. The County will be responsible for paying all invoices that comply with existing State statues, County fiscal policy, and the MPO's state approved and adopted procurement procedures on behalf of the MPO. Such invoices must have been properly approved and documented, and the County should have resources on hand to make full payment The MPO hereby agrees to seek reimbursement from all available sources on a periodic basis, no longer than every thirty days. 4.02 All warrants issued to the County or the MPO by the State of Texas, or federal agencies, for work performed by any agency or consultant under contract to the MPO shall be properly endorsed and deposited in the trust account. 4.03 The MPO shall make contracts and commitments in its own name. The MPO shall forward invoices and payment obligations to the County Auditor's Office for processing and payment. The budget for all activities on behalf of the MPO program will be set by the MPO. 4.04 The disbursement of funds to agencies or consultants under contract to the MPO will made by the County in the amounts as specified by the MPO, so long as the MPO budget has sufficient funds to accommodate all payment requests. However, the MPO is fully responsible for all such contracts and releases the County from any liability which may arise as a result of the County performing any non-negligent task pursuant to this Agreement. The County is under no obligation to process payment requests unless sufficient funds for such purposes are present in the MPO budget. Mars/files/files/rmagreewith B RAZOS2003.doc VOL / PAGE ,tl Fiscal Agreement; MPO d Brazos Connn• Effective: October 1, 2003 4.05 All requests for reimbursement from the State of Texas or any federal agency shall be prepared by the employees assigned to perform MPO tasks and submitted monthly to the Texas Department of Transportation with a copy to the County Auditor. The MPO is solely responsible for the accuracy of the records of funds expended by itself and those agencies or consultants who contract with the MPO. 4.06 The MPO assumes responsibilities for the legal and proper expenditures of all locally derived planning monies, Federal Metropolitan Planning monies, and Federal Transit Administration Section 5303 & 5307 monies under the guidance of the State of Texas Department of Transportation. The MPO adopts its own line item budget which is not subject to approval by the County Court of Commissioners but shall be grouped into expense group/categories similar to the County's. Any expenditure over those established amounts and beyond the MPO Director's delegated authority shall be submitted to the Policy Committee for a budget amendment. All monies shall be budgeted and expended according to the latest approved Unified Planning Work Program. 4.07 The County will insure that sufficient staff will be available as needed to support those services required by the MPO. 4.08 All employees working on MPO matters under the supervision of the MPO Director will be required to follow all personnel policies that have been established by the County. MPO employees that qualify will be afforded all fringe benefits that have been established for County employees, to include retirement, medical and Irfe insurance, vacation, sick leave, holidays, deferred compensation and any other benefits normally extended to County employees. 4.09 The MPO Policy Committee shall select a Transportation Planning Director who will have full-time responsibility for administrating the work program of the MPO. The Director will also be responsible for hiring and supervising the MPO's staff. The Director is required to follow all personnel policies established by the County for hiring and/or firing employees. Any action taken with regards to hiring and/or firing does not require the County's Commissioner's court approval. 4.10 The Director will take direction on MPO policy and technical matters from the MPO Policy Committee and direction on fiscal administrative matters from Brazos County. 4.11 The MPO shall pay all costs associated with the employees as described in paragraph 4.08. The County Auditor is hereby authorized to make payment for MPO personnel costs, to be reimbursed on a monthly basis from MPO funds, as described in paragraph 4.01. 4.12 The MPO agrees to indemnify the County for any amounts to which the County may become liable because of the action or omission of any employee under immediate supervision of the MPO Director. Mars/files/fi I es/finagreewith BRAZOS2003.d oc VOL W PAGE ?&-Z Fiscal Agreement; MPO & Brazos County Effective: October 1, 2003 ARTICLE V TERMINATION 4 5.01 This Agreement may be terminated in whole or in part by either party hereto whenever such termination is found to be the best interest of either party. Termination shall be effected by the conveyance of a written notification thereof to the other party at least thirty (30) days in advance of the effective date of the termination. All notices pursuant to this Agreement shall be deemed given when, either delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the appropriate party at the following address: If to County: Brazos County Courthouse 300 E. 26th St. Bryan, Texas 77803 with a copy to: County Auditor 300 E. 26th St. Bryan, Texas 77803 If to MPO: Bryan-College Station Metropolitan Planning Organization Policy Committee 3608 E. 29'" St. Suite 113 Bryan, Texas 77802 ARTICLE VI NON-DISCRIMINATION 6.01 It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 27 and Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964, Title 23, Code of Federal Regulations, Part 710.405(b), and Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60). ARTICLE VII GOVERNING LAW 7.01 The laws of the State of Texas shall govern this Agreement and all obligations hereunder of the parties are performable in Brazos County, Texas. Mars/files/files/Bnagreewith BRAZOS2003.d oc VOL qY PAGE 203 Fiscal Agreement, MPO cE Brazos Count, Effective: October 1, 2003 ARTICLE VIII NON-ASSIGNMENT 8.01 This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives successors and assigns. Neither the County nor the MPO shall assign or sublet any duty of this Agreement, excepting those already identified herein, without the written consent of the other. ARTICLE IX SEVERABILITY 9.01 Should any provisions of this contract for any reason be held to be invalid, illegal, or unenforceable in any other respect such invalidity, illegality unenforceablity shall not affect any other provision hereof. ARTICLE X ENTIRETY OF AGREEMENT 10.01 This is the entire Agreement between the parties and no modification of this Agreement shall be of any force or effect, unless it is in writing and signed by both parties. NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COUNTY OF BRAZOS HAS ANY AUTHORITY, EITHER EXPRESSED OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAYBE GRANTED BY THE COUNTY OF BRAZOS. Approved to be effective on the date of the last party to sign. BRAZOS COUNTY, TEXAS BRYAN-COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE By: BY' County Judg /Randy Sims BCSMP , Chair on - Charles Sippial Date:_ Ep //~~~3 Date: V- 6 - 0 3 Mars/filesfil es/fi nagreewith B RAZOS2003.doc VOL 'iy PAGE R4 STANDARD TERMS OF ENGAGEMENT This statement sets forth the standard terms of our engagement as your attorneys. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions. We suggest that you retain this statement in your file. The Scope of Our Work You should have a clear understanding of the legal services we will provide. Any questions that you have should be dealt with promptly. We will provide services related only to matters as to which we have been specifically engaged. We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. We cannot guarantee the success of any given matter, but we will strive to represent your interests professionally and efficiently. 2. Fees For Legal Services Our charges for professional services are customarily based on the time devoted to the matter, the novelty and difficulty of the questions presented, the requisite experience, reputation and skill requested to deal with those questions, time limitations imposed by the circumstances, and the amount involved and the results obtained. Unless otherwise indicated in writing, our fees for legal services are determined on the basis of the hourly rates of the respective lawyers and paralegals who perform the services. These rates vary depending on the expertise and experience of the individual. We adjust these rates from time to time, increasing them as the individuals gain experience and expertise and to reflect current economic conditions. We will notify you in writing if this fee structure is modified. At the present time the standard billing rates for partners in this firm are between $350.00 and $195.00 per hour; the billing rates for associates are between $195.00 and $100.00 per hour; the billing rates for paralegals are between $80.00 and $65.00 per hour, and the billing rate for law clerks is $60.00 per hour (all fees quoted are in U.S. Dollars). 3. Other Charles All out-of-pocket expenses (such as long distance telephone charges, copying charges, travel expenses, messenger expenses and the like) incurred by us in connection with our representation of you will be billed to you as a separate item on your monthly statement. We have enclosed a schedule which indicates the rate at which most of these items will be charged. 4. Billing Procedures and Terms of Payment Our billing period begins on the 16' of the month and ends on the 1' of the following month. We will render periodic statements to you for legal services and expenses. We usually mail these periodic statements toward the end of the month following the latest date covered in the VOL y PAGE -;It'5 statement. Each statement is payable within 30 days of its stated date and must be paid in U.S. Dollars. If any statement is not paid within 30 days after its stated date, interest at the rate of 1 %Z percent per month (18 percent per annum) will accrue on the balance due. However, if at any time 18 percent per annum exceeds the highest interest rate permitted by applicable law, then the interest rate that will be applied to any overdue amounts will be reduced to the maximum rate permitted under applicable law. If you have any question or disagreement about any statement that we submit to you for payment, please contact me at your earliest convenience so that we can resolve anyproblems without delay. Typically, such questions or disagreements can be resolved to the satisfaction of both sides with little inconvenience or formality. 5. Termination of Services You have the right at any time to terminate our employment upon written notice to us, and if you do we will immediately cease to render additional services. We reserve the right to discontinue work on pending matters or terminate our attomey-client relationship with you at any time that payment of your account becomes delinquent. Additionally, in the event that you fail to follow our advice and counsel, or otherwise fail to cooperate reasonably with us, we reserve the right to withdraw from representing you upon short notice, regardless of the then status of your matter. No termination shall relieve you of the obligation to pay fees and expenses incurred prior to such termination. 6. Retention of Documents Although historically we have attempted to retain for a reasonable time copies of most documents generated by this Firm, we cannot be held responsible in any way for failure to do so, and we hereby expressly disclaim any such responsibility or liability. You must ultimately retain all originals and copies you desire among your own files for future reference. 7. Fee Estimates We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. Our attorneys do their best to estimate fees and expenses for particular matters when asked to do so. However, an estimate is just that, and the fees and expenses required are ultimately a function of many conditions over which we have little or no control, especially in litigation or negotiation situations where the extent of necessary legal services may depend to a significant degree upon the tactics of the opposition. Unless otherwise agreed in writing with respect to a specific matter, all estimates made by us shall be subject to your agreement and understanding that such estimates do not constitute maximum or fixed fee quotations and that the ultimate cost is frequently more or less than the amount estimated. VOL vy PAGE 8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. Venue of any case or controversy arising under or pursuant to this Agreement shall be in Travis County, Texas, United States of America. 10. Questions If you have any questions from time to time about any aspect of our arrangements, please feel entirely free to raise those questions. We want to proceed in our work for you with a clear and satisfactory understanding about every aspect of our billing and payment policies; and we encourage an open and frank discussion of any or all of the matters mentioned in this memorandum. VJL Uy PAGE X-1 VOL yy PAGE ) DS Client Costs Advanced Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. The firm incurs expenses on behalf of clients only when required by the legal needs of the clients. Some cases or matters require extensive use of copy facilities, and other cases may not be so paper intensive. Standard services such as secretarial and word processing time, file setup, and file storage are not charged; however, other expenses such as long distance fees, copies, delivery fees, and fax charges are billed to the client needing those services. An explanation of the billing structure is as follows: Delivery Services Outside delivery services are used for pick-up and delivery of documents to the client as well as to courts, agencies, and opposing parties. Outside delivery fees are charged to the client at the rate charged to the firm. Overnight delivery services are also charged at the rate charged to the firm. Firm Office Services Department personnel may provide delivery service in urgent situations and charges for such in-house service will not exceed the charge that would be made by an outside service in a similar situation. Telephone Our long distance charges are based on the exact number of minutes per call as provided by our carriers. The rate applied to the call is $.20 per minute. Cell phone charges will be charged at invoice rate if the call is long distance; otherwise, local cell phone charges will not be charged to the client. Postage Our postal equipment calculates exact US postage for all sizes and weights of posted material. The rate charged for postage is the same as the amount affixed to the material that is mailed. We will not charge clients for postage on routine correspondence: however, the cost of large-volume mail, certified mail, or other additional mail services will be charged to the client. Copies Our standard rate for copies made by firm personnel is $.15 per copy. This charge covers paper, equipment costs, and other supplies. If savings can be realized within the required time frame by sending copy jobs to subcontractors, the firm uses only qualified legal services copiers and the cost charged to the client is the same as the amount billed to the firm. Computerized Research If a case requires the use of computerized legal research, trained and skilled legal researchers are used to minimize on-line data charges. The firm charges $4.00 per minute of on-line connect time. Fax Fax copies will be charged at the rate of $.25 per page. VOL (0 PAGE XO Travel Attorney and paralegal time spent traveling on behalf of a client is billed to the client. Hotel, meal, local transportation, and similar expenses are charged based on receipts and travel expense forms submitted by the attorney. Documentation is available to the client if requested. Other Expenses Expenses incurred to outside providers in connection with the client's legal services should be paid by the client directly to the outside provider unless specifically arranged in advance. If the firm agrees to pay outside providers, the cost charged to the client is the same as the amount billed to the firm. Examples of such charges include: court reporter fees, filing fees, newspaper charges for publication notices, PUC download fees, expert witness fees, consultants, and other similar expenses. Such expenses will not be incurred without approval from the client. H \"51~AVIDI. m k ft, w,d VOL ~q PAGE X16' August 7, 2003 Judge Randy Sims Brazos County Judge 300 E. 26th Street, Room 114 Bryan, Texas 77803 RE: Representation of Indigent Juveniles Dear Judge Sims: This letter will confirm our agreement wherein Patrick Gendron, Lane Thibodeaux, and Patricia Bonilla Harrison (the "Contractors") have agreed to contract with Brazos County, Texas (the "County") to represent indigent juveniles in Brazos County. SCOPE OF SERVICES: Beginning on the start date of this contract, the Contractors will be jointly appointed counsel to criminally accused juveniles from indigent families. TERM OF CONTRACT: The Contractors will begin accepting appointments under this Contract to represent indigent juveniles on October 1, 2003, and will cease to be appointed and cease to work on any cases to which the Contractors have previously been appointed on or after October 1, 2004, unless a new contract is entered into between the County and the Contractors before October 1, 2004. FEES: The sum $ 145,000.00 is to be paid to the Contractors in twelve (12) equal installments of $ 12,083.33 on the I" of each month beginning October 1, 2003, and continuing thereafter until September 1, 2004. Payment is to be made to the "Indigent Juvenile Operating Account" unless otherwise specified by the Contractors. EXPENSES: There shall be no additional compensation or reimbursement due on any case without the express, written approval of the Juvenile Court having jurisdiction over the case. TERMINATION: This contract can be terminated upon thirty (30) days written notice by or to the County. 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TM TM OP ApmNrtNa UNDO % "NO aa+gnwa lmt O NO a bwMmbblpmtm wd MM may netb MCMW eaaeptN" Y eW+drKed daNm dadON aril Om OtNMnWIMw.TNa AtPOWWOewrtwR 'a b nd aad7rdMe. t& PJjLt ITMWATION. in are to %mM*bt" AV-WOO pawta en td h &k^ mud 0- NWN'P d4s pbrtA I Pw'a MOON, eaWdawdMomaw mM Mtn pm*,tbtdaebt alaaeltt (b G tw ONmytatlNl eaeua b 1Wtdateh 1z, n mttwaa eqW b ttatr6 LM 6ma MNdhbt pMtdmetnm OmlavNm dooms h mdr+w is tmoltn A{. m rrautd4m M e trAU ri pew mwab tlaltwretwa Clm[pa; W Gtr eNMltw)wt aoaae moans dARea Rah Twat at tk AGmatnNL Mn emdw OluN tare borer da *mm ma bmO mCFft Napwq CAMP w tw tetdeq d matte mmeadt IMdw 46 Atrdw"A 1 VOL (M PAGE BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 #1 q__ DATE OF COURT MEETING: August 19. 2003 ITEM: Permission to enter Bill Sparkman's property located off Cain Road for the purpose of leveling the land to drain water from the proposed new Jones Butler Road (previously new I&GN Road) Site is located in Precinct 1 SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS: SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0003-080 This Request Date: by Commissioners Court VOL y4 PAGE Precinct 1 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jones Commissioner Pct 1 Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner PCt 3 Carey Cauley Commissioner PC( 4 Date August 1, 2003 LAND OWNER AND ADDRESS Bill Sparkman 3535 Cain Road College Station, Texas 77845 II. LOCATION OF WORK Proposed I & GN Road/ Jones-Butler Road III. DESCRIPTION OF WORK TO BE DONE Enter property for the p rung a of leveling the land for drainage purposes. IV. MAINTENANCE YES NO x IF YES, ESTIMATE FREQUENCY OF MAINTENANCE be notifie4pdor to maintenance) r will ~U AA U' r P J I.- cq V 1 Vl/w.rF CA, Richard F. Vance, P Q n / Rig of Way Agent County Engineer Owner's Signature: DATE Z96 qj,,F_ y/Z- o0 o.78 VOL L1Y PAGE 9,?o BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 4f ;-Q DATE OF COURT MEETING: August 19. 2003 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Edge Cut Off Road approximately 2.200 feet from its intersection with Short Cut Road. Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: 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: R chard F. Vance, P.E. County Engineer 0003-081 Approved De,{ Date: 7 APPROVED BY: Commissioner Duane Peters Precinct 2 issioners Court Randy SimseCounty Judge VOL 44 PAGE ail REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek Special Utility District proposes to place a (type) waterline within- across x the right-of-way of (road) Edge Cut-off Rd. in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. 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. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. 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. The line or lines will be constructed no less than twenty-four inches (24") 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. All sites will be barricaded during the construction period. Construction of this line will begin on or after thellaay of A,ig„at 20D3_. Firm: Wic son Creek Special Utility District By: l Title: General Manager Address: P. 0. Box 4756 Texas 77805 Re: Jack Matthews APPROVED BY COMMISSIONERS' COURT ON: vj:t- - - Randy Sims ounty Judge Phone: 979-589-3030 ~iZC% G7 r7 0%-O3 l~C C- l2 0 -J VOL Ll y PAGE a l LAMPE. MICHAEL a & CAROLY - 317 253 ACRES 000600-0007-0000. • B q r y P a99 ° 9 gB9$gq ( qB ~ J h a 4 ~ B $fS y h,, 9B 1^ Nr(9yf],4f S Y}e BB ~:9~ ✓q 9Cq ~j 9~(~y 4q., rVS' q C O S'Y' C e B \ BB 9B t1 s 4COO ~ f `4 wi0 ww J B y!O sfJ 2x, s. 'u CN. CECIL I Z ACRES 3'001.0-0000 al0 ]09 IRIS 20 PmA' T .EI_)'EA pC~ ~m0 71M & MI RI AM 4,ym P 1600 ~ 1003i -0020 ti~~OyP00"60 a aQ>s0 600 ma• 000 P BCy .PI Off 9 ff •I BB 9 B BJJ q1 J 2 t,g x 8 ARR. JAMES 0 8 116.465 ACRE$ 000600-0011-0000 R10310 CLOSE. 0 M 121.78 ACRES 000600-0012-0000 R10J11 ~,^mmyP eNQ09 0\ 0` e1 ELLISON. NORMAN L JR 108.535 ACRES 000600-0011-0010 R o a R9]$.6 ^•lt 5 a[qE 55 J BH600BBi 500• 0061.5 .Alt [aa f15 J L 000600 6R F5 BRIO 01 BB a'aW HALL, CURTI' J x 81.919 ACRES 000600-0014-0121 x1060}] aJ}sa0 60SS0 . 0 r ° . 4 . . 000500- 0s Rws o- • a rvr R06J} s • . E J + + ~00060PP0:.SPP00 ~ ~~~~p ~~0 'f B \ J B2 0B0 J+1O 70WR Y, RICHARD w 8 BILLIE + ''•'RJ J~/ 99 9 '$'e, ~qf~" - s ~i 'B - 604 ACRES 00 e e 0600-0024-0000 = ~ - -R103JS ` BELL. a-OALL v - n 50. 12a CPES 000600.00}1001$ . RUM ' F EL J.) MIL sw• 0RGS r 00 0600-00016-f aIBJ]13 i~ PAYNE. C M CRE6 5 5 I F, 000 00 MU1H, COLEY 8 TINA 0000 00 50 ' . 129 ACRES 000600-002 J-0011 x,056 B ~ • eP of "fT a . q $s7, 'sef9fr a q' P VC , 6 n .)26 ao I J1 ~ ~ T ~s ` 0 . ' ~ } 1, V. } ]RICK , EDGAR J 8 EDNA - 146.32 ACRES u 000600-0022-0000 n OL 4 q PAGEa 8 495 Folr4 Miry- s -a brcuuln3 -r'or prooo-5,a 30' -oa(A bore aaros-s ~cdC~c (,L.PF~1Off RcI. C~ORRo.w. usin), I%,~,ncascmenf pip- Lot I 1 4PVC, kJQ4Gf lint e llti. ay.Il.your, - wCst z Q5103 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 19, 2003 ITEM: Permission to enter Sandra Ford's property located off Grassbur Road for the purpose of constructing a water gap at the new bridge Site is located in Precinct 2 SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS: SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0003-082 This Request is Date: ll~ APPROVED BY: Commissioner Duan Peters Precinct 2 ❑ by Commissioners Court Randy Simfi/County Judge VOL 44 PAGE d 94 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jones Commissioner Pct 1 Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pct 3 Carey Cauley Commissioner Pct 4 Date .1111y 71 2009 I. LAND OWNER AND ADDRESS Sandra Ford 1805 Briarcrest Drive Bryan, Texas 77802 II. LOCATION OF WORK Grassbur Road at bridge III. DESCRIPTION OF WORK TO BE DONE Permission to enter property for the purpose of constructing a water gap at the new bridge. IV. MAINTENANCE YES NO x IF YES, ESTIMATE FREQUENCY OF MAINTENANCE (Owner will be not ed prior to maintenance) I IGm cy..:,~ I~ co r.c Richard F. Vance, P.E. Engineer Aide / Foreman / Ri of Way Agent County Engineer C c pfjntlY* Owner's Signature, '3n w\jd r.. J DATE VOL Q t/ PAGE 5 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 19. 2003 ITEM: Permission to enter Fletcher German Jr's property located off Cain Road for the pumose of leveling the land to drain water from the proposed new Jones-Butler Road (previously new I&GN Road). Site is located in Precinct 1 SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS: SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0003-083 This I Date: APPROVED Co ssionq y Jones Precinct 1 ied❑ by Commissioners Court vI. y~ RASE _ a BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jones Commissioner Pct 1 Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pct 3 Carey Cauley Commissioner Pct 4 Date August 1, 2003 1. LAND OWNER AND ADDRESS Fletcher German, Jr. 3423 Cain Road College Station, Texas 77845 II. LOCATION OF WORK Proposed I & GN Road / Jones-Butler Road III. DESCRIPTION OF WORK TO BE DONE Enter property for the purpose of leveling land for drainage purposes, t VA I R A/ LL //VS?i;cc G-HTf /acs' FR.~r~t-/e~~f~ ENn c fsR As Cn>~ NE ~ ~ErfCiNc=mar{ CNos~~~ IV. MAINTENANCE YES NO x IF YES, ESTIMATE FREQUENCY OF MAINTENANCE (Owner will be no ied prior to maintenance) Richard F. Vance, Pt FnainePr n_~a^ ~orem^n / Right o Agent County Engineer r Owner's Signature: Zry~,rla ~,g DATE 0 3 12S BRAZOS COUNTY COMMISSIONERS' COU~ TACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 19. 2003 ITEM: Permission to enter Kyle Kacal's property located off Greens Prairie Road for the purpose of installing a water gap at Carter Creek. Site is located in Precinct 3 SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS: SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0003-084 APPROVED BY: Commissioner Kenny Mallard Precinct 3 This Request is Approved❑/Denied❑ by Commissioners Court Date: Randy Sims, County Judge VOL_4y_PAGE 9-0 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jones Commissioner Pct 1 Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pet 3 Carey Cauley Commissioner Pct 4 Date August 8,2003 I. LAND OWNER AND ADDRESS Kyle Kacel 11. LOCATION OF WORK Carter Creek III. DESCRIPTION OF WORK TO BE DONE permission to enter property to install water gap. IV. MAINTENANCE YES NO X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE e otified rior to maintenance) Richard F. Vance, P.E. Engir County Engineer /Z~7 Owner's Signature: / Right of Way Agent will DATE L VOL q y PAGE day