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HomeMy WebLinkAbout2004-01-20-6:30PM-RegularTHE CC SESSIO? 3232 BR1 1. In 2. C~ 3. Pr pr Consider 4. B~ 5. A~ fi~, 6. P~ 7. P~ 8. A 9. R~ G 10. A th BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT VIMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR ON 20 JANUARY 2004 AT 6:30 P.M. IN ROOM 102 OF THE BRAZOS CENTER, ARCREST DRIVE, BRYAN, TEXAS. ~ocation and Pledge of Allegiance - Commissioner Peters !1 for citizen's input and/or concerns ~entation by Gerald L. "Buddy" Winn, Brazos County Tax Assessor/Collector, on the >posed Tax Freeze. and take action on agenda items 4-22 tdget Amendment 03/04-14.1 )proval of the Parmership Agreement with the Children's Museum of the Brazos Valley for cal year 2004. yment of Claims :rsonnel Change of Status >proval of the January 2004 Report on Delinquent Property Tax Collections for Brazos )unty. ~'quest by the SheriWs Office for Authorization to Utilize Local Law Enforcement Block .'ant funds for the purchase of computers and radio equipment. ,~proval of Interlocal Agreement between Brazos County and the City of Bryan regarding : 28th Street Sewer Collection Systems Improvements Project. VOL PAGE I 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 20 January. 2004 Page 2 Approval of the Mutual Aid Agreement between Brazos County and the following Texas counties: Burleson County Grimes County Leon County .. Madison County Robertson County Washington County Reappointment of Donald Lampo and Dianne Kurten as fire commissioners to serve on the Brazos County Rural Fire Prevention District No. 2. Term of service will be 1 January 2004 through 31 December 2005 for both. Approval of Tax Resale Deed in the amount of $10.00 and other valuable consideration paid by Ernest. Pivonka. Request for Approval of Tax Refund ApPlications for the following: a. Roland J. & Louvenia Brauer b. Javier & Jennifer Gonzales Contreras c. The Greenery d. Imperial Chinese Restaurant e. Mark C. & Deborah H. Crumbaker f. John E. & Jeannine Dancer Phillips g. Shirley J. Richie h. James Otto & Sondm Siegert i. Robert D. & Gad L. Strawn Approval of the following Blanket Purchase Orders: a. Wholesale Medical -- $1,000.00 (Jail) b. Ray Criswell--$3,000.00 (Maintenance) c. Brazos Valley Tree Farm -- $10,000.00 to remove, preserve and propogate plants and trees from the Expo Center site. ~pproval of Requisition #11784 for the purchase of Capitalized- Equipment - a moWer for the Brazos Center. Purchase will be made from a Buy Board contract; funds were allocated in the budget for this purchase. Request to rescind RFP/t2004-019 for Space Utilization Needs Analysis. Request to approve RFQ/12004-019 for Space Utilization Needs Analysis. Approval of Requisition//11922 for the purchase of Capitalized Equipment - vehicles for Road & Bridge. Request by Road & Bridge for Permission to Enter Private Property owned by David G. Meece, Jr. located off Old Bundick Road for the purpose of remoVing a large dead tree from the right of way of Old Bundick Road for the health, safety and welfare of the general public. Site is located in Precinct 2. Replat of Lots 8 & 9 of Green Meadows Estates, 5.36 Acres, Volume 5216, Page 82, Archibald D. Lancaster aA League, A-150, Brazos County, Texas. Site is located in Precinct 2. 22. 23. 24. 25. 26. The Brazo be made tv Page 3 Request by Road & Bridge for a Variance from the Brazos County Subdivision and Development Regulations effecting the Final Plat of Tuscany Trace Subdivision to place utilities under a private road rather than in a platted Public Utility easement. Subdivision is located in Precinct 1. Announcement of interest items and possible future agenda topics. Call for citizen input and/or concerns. Agency / Board / Committee reports by Court members. Center is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must ro business days before the meeting. To make arrangements, call (979) 361-4102. VOL , PAGE 3 COMMISSIONERS' COURT REGULAR MEETING JANUARY 20, 2004 C( Cc 2 p~ W: J~ A regular meeting of the Commissioners' Court of Brazos ~unty, Texas was held at the Brazos Center in Bryan, Brazos ~unty, Texas, beginning at 6:30 a.m. on Tuesday, January 20, 104 with the following members of the Court present: Randy Sims, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct 1; 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 [ficials that were in attendance. Commissioner Peters gave the invocation and led the .edge of allegiance. The County Judge deviated from the agenda and started .th agenda item 3, which was a presentation by Buddy Winn, 7azos County Tax Assessor/Collector. Mr. Winn spoke on the 7oposed tax freeze for senior citizens and explained that it >uld work exactly as the school freeze works. The County ldge noted that the County has the lowest tax rate of major lx entities. He read the homestead exemption noted in the ~formation packet. The county has the highest exemption for ~niors. The information packet contained a listing of 'OL PAGE % C¢ A: f~ F~ C< wl p~ a( P $ n f~ G~ r( t~ tl CI Sl mmissionersCou~ meetingJanua~20,2004 2 )unties with exemptions. The County Judge then asked the Tax ~sessor/Collector to explain about portability on the county reeze. Commissioner Caldwell pointed out that Representative red Brown has stated portability is not his intent. Brazos )unty raised the exemption to $75,000 to help senior citizens lena tax freeze was not an option. Commissioner Mallard )inted out the $75,000 exemption affects everyone over the 'e of 65 whether they be rich or poor. Commissioner Peters [nted out that there has been a school tax freeze since )79, however the maximum exemption for schools is at 5,000.00. The tax freeze would affect everyone differently. The County Judge then went back to consider agenda item nber 2, citizen input/and or concerns. James Bean spoke in ivor of the tax freeze, as did Demetrios Basdekas. Clyde irland spoke against the freeze and Tracy Frank asked for lformation from the Tax Assessor-Collector. The Court also ~ceived an E-mail from Michael R. Golla speaking against the ix freeze. The Court next considered Budget Amendment %03/04-14.1 lat would reallocate funds for Risk Management. On motion by ~mmissioner Cauley, seconded by Commissioner Peters, the >urt voted unanimously to approve the budget amendment as lbmitted, a copy of which is attached. PAGE 5 C( mi ti M~ a' Sl O] ei R~ CI ti d~ ,mmissionersCou~meetingJanua~20,2004 3 The next matter before the Court was consideration of a trtnership Agreement with the Children's Museum of the Brazos tlley for fiscal year 2004. Brazos County would fund the lseum $12,500 per annum. On motion by Commissioner Peters, ~conded by Commissioner Cauley, the Court voted unanimously approve the Partnership Agreement with the Children's seum of the Brazos Valley for fiscal year 2004. A copy is ;tached. The Court next considered the following Claims as lbmitted by the County Treasurer for payment: 20049157 through 20049355 motion by Commissioner Peters seconded by Commissioner uley, the Court voted unanimously to approve the Claims as ~bmitted. The Court proceeded to consider the change of status of ~ployees as submitted on the attached Personnel Action ~quests. On motion by Commissioner Cauley, seconded by ~mmissioner Peters, the Court voted unanimously to approve ~e changes as submitted. The Court next heard a presentation of the January 2004 ~linquent tax report presented by Shelburne Veselka, ~presentative of McCreary, Veselka, Bragg & Allen, P.C. .torneys at Law. On motion by Commissioner Caldwell, 'OL Sa PAGE Co S? tc ha Cc Cc Tr Bz In Cc mc P~ Ir at Ac ~xtrnissionersCou~meetingJanua~20,2004 4 ~conded by Commissioner Peters, the Court voted unanimously approve the report. The next matter before the Court was a request by the eriff's Office for authorization to utilize local law .forcement block grant funds for the purchase of five (5) lap ,p computers, four data radios, and 4 sets of mounting .rdware for a total expenditure of $35,500. On motion by ,mmissioner Cauley, seconded by Commissioner Mallard, the ,urt voted unanimously to approve the request. The next matter for the Court's consideration was an .terlocal Agreement between Brazos County and the City of 'yan regarding the 28th Street Sewer Collection Systems tprovements Project. This is authorized by the Interlocal ,operation Act, V.T.C.A. Government Code Chapter 791. On ,tion by Commissioner Cauley, seconded by Commissioner :ters, the Court voted unanimously to enter into an ~terlocal Agreement with the City of Bryan. A copy is .tached. The Court next considered approval of a Mutual Aid [reement between Brazos County and the following counties: Burleson County Grimes County Leon County Madison County Robertson County Washington County 'OL PAGE 7 Co missioners Court meeting January 20, 2004 5 Tt~ e~ r~ b5 Cc Dc Ol~ D~ Cc Dc Cc Cc t~ ir rE cc is agreement is for the mutual aid of the parties in the ent of damage, injury and loss of life and property sulting from disasters and/or civil emergencies. On motion Commissioner Cauley, seconded by Commissioner Caldwell, the urt voted unanimously to approve the Mutual Aid Agreement. copy is attached. The next matter before the Court was the reappointment of nald Lampo and Dianne Kurten as fire commissioners to serve the Board of the Brazos County Rural Fire Prevention strict No. 2. On motion by Commissioner Peters, seconded by mmissioner Mallard, the Court voted unanimously to reappoint nald Lampo and Diane Kurten to the Board of the Brazos unty Rural Fire Prevention District No. 2. These are two ar terms to expire December 31, 2005. On motion by Commissioner Peters, seconded by mmissioner Mallard, the Court voted unanimously to authorize e County Judge to execute a Tax Resale Deed to the following dividual: Ernest Pivonka - Lot 11, Block C, Munnerlyn Village Subdivision, City of Bryan, Brazos County, Texas. The next matter for consideration was approval of tax ~fund applications from the following individuals and/or ,mpanies: ¥'OL -ifa PAGE C( ~mmissioners Court meeting January 20, 2004 6 Ol O] M~ P~ a. Roland J. & Louvenia Brauer, OA, $326.25 b. Javier & Jennifer Gonzales Contreras, wrong assessment, $96.48 c. The Greenery, Supp #5, $108.75 d. Imperial Chinese Restaurant, correct value, $37.58 e. Mark C. & Deborah H. Crumbaker, DV & HS $21.75 f. John E. & Jeannine Dancer Phillips, Supp 17 & HS $45.15 g. Shirley J. Richie, Supp 17 & OA $91.21 h. James Otto & Sondra Siegert, Supp 17 & OA $255.09 i. Robert D. & Gari L. Strawn, Supp 17 & HS $.01 motion by Commissioner Peters, seconded by Commissioner ldwell, the Court voted unanimously to approve the tax ~fund applications. The Court proceeded to consider the following blanket lrchase Orders: Wholesale Medical Ray Criswell BV Tree Farm Jail $ 1,000 Maintenance $ 3,500 Expo Center $10,000 motion by Commissioner Peters, seconded by Commissioner llard, the Court voted unanimously to approve the Blanket lrchase Orders as submitted. The next matter before the Court was the approval of ~quisition #11784 for the purchase of Capitalized Equipment, mower for the Brazos Center. On motion by Commissioner ~ters, seconded by Commissioner Caldwell, the Court voted ~animously to approve the requisition in the amount of ,647.00. The Court next considered rescinding RFP#2004-019 for OL PAGE Commissio S ? Pi N~ C, ti U' fl B: F, S~ t, ti p, t P, Ul aers'Cou~meetingJanua~20,2004 }ace Utilization Needs Analysis. ~ters, seconded by Commissioner Cauley, lanimously to rescind RFP# 2004-019. 7 On motion by Commissioner the Court voted The next matter for consideration was approval for the lrchasing Agent to advertise RFQ # 2004-019 Space Utilization ~eds Analysis. On motion by Commissioner Cauley, seconded by ~mmissioner Peters, the Court voted unanimously to authorize ~e Purchasing Agent to advertise RFQ # 2004-019 Space iilization Needs Analysis. The Court next considered approval of Requisition #11922 ~r the purchase of Capitalized Equipment for the Road & :idge Department. This is for the purchase of two (2) Fl50 )rd Pickup Trucks. On motion by Commissioner Cauley, :conded by Commissioner Peters, the Court voted unanimously approve the requisition. The Court next considered authorizing work outside of unty rights-of-way for the health, safety and welfare of ~e general public. The Road and Bridge Department requested ~rmission to enter the private property of David G. Meece, on Old Bundick Road in Precinct 2 to remove a large dead ee from the right-of-way. On motion ~ters, seconded by Commissioner Mallard, animously to authorize the work. by Commissioner the Court voted OL 54 PAGE Commissior 8 R ti Cc Cc V~ Rc Su t? lc pE wJ n~ d~ tc w5 r( t~ a( ers'Cou~ meetingJanua~20,2004 8 The Court next considered approval of the Re-Plat of Lots 9 of Green Meadows Estates 5.36 Acres in Precinct 2. chard Vance, County Engineer, stated that he had reviewed .e plat and all appeared to be in order. On motion by mmissioner Peters, seconded by Commissioner Caldwell, the urt voted unanimously to approve the Re-Plat of Lots 8&9 of 'een Meadows Estates 5.36 Acres as submitted. The next matter before the Court was a request for fiance from the Brazos County Subdivision and Development gulations affecting the Final Plat of Tuscany Trace .bdivision to place utilities under a private road rather .an in a platted Public Utility Easement. The site is ,cated in Precinct 1. The developer is asking to be ~rmitted to locate a 30 foot wide Public Utility Easement thin the proposed 70 foot right-of-way of the Private Road .med Bella Lago Court that is located on an existing m/embankment to a pond. On motion by Commissioner Caldwell, ~conded by Commissioner Peters, the Court voted unanimously grant the variance request on the condition that Bella Lago 11 hereafter remain "PRIVATE", and the developer is ~sponsible for any and all future maintenance pertaining to te road and all associated drainage structures. Under announcement of interest items and possible future enda topics the following spoke: OL PAGE [! Commissio tl C( aers' Court meeting January 20, 2004 Commissioner Caldwell a) He feels it's important that the Court gets clarification on Portability for the tax freeze. He thinks that it might not be applicable to senior tax freeze, only for school taxes. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members following spoke: Commissioner Mallard a) He and Commissioner Caldwell attended an intergovernmental meeting today. They discussed I&GN and Jones-Butler Road and spoke briefly about the tax freeze. County Judge a)He attended a meeting out at the Bush Conference Center on Transportation. The topic of Toll Roads came up. He said that he didn't see that happening in the very near future but he does think that we should take a hard look at it. He wants to look at other funding for new roads other than ad valorem taxes. Commissioner Mallard a) Pointed out that TXDot said if you weren't willing to look at Toll Roads that your county would be put at the bottom of the list. There being no further business to come before the ~urt, the meeting was adjourned. ¥ OL PAGE Ti J~ C( B~ ~e foregoing minutes of the Commissioners Court meeting held tnuary 20, 2004 have been examined and are approved in open ~urt this the ~5~ day of 2004, in Bryan, ;azos County, Texas. D~ Cc C~ At ~ane Peters ~mmissioner, Precinct 2 ~n~ .rey Cauley, Jr. ,mmissioner, Precinct 4 test: Eric Caldwell Commissioner, Precinct 1 VOL ,fig PAGE BRAZO MEETIN~ Name COUNTY COMMISSIONERS COURT ON ~_.._~ ~o 2005 AT /~": OrganizatiJn/Department BRAZO: MEETIN(.~ ON Name COUNTY COMMISSIONERS COURT 200~AT I Organization/Department VOL,, 5~ PAGE YUL ~.2~( rJ~u~ 0 members The folio, T 2003 -200, condition., following A THE COI~ By: Original: Copies: BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR NO. 03/04-14.1 a this the 20th day of January 2004 at a regular meeting of the Commissioners' Court, the following vere present: Randy Sims, County Judge, Presiding Eric Caldwell, 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 dng proceedings were held: ?tAT WHEREAS, on 20 January 2004 the Court heard and approved a budget amendment for the budget year for Brazos County, Texas. HEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen which could not be reasonably included in the original budget adopted 12 September 2003 the amendment(s) to the original are hereby authorized, as described on the attached page(s). [}OPTED AND APPROVED this the 20t~ day of January 2004. IMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. Randy/S~, County Judge County Clerk's Office and attached to the original budget County Auditor County Treasurer Commissioners' Court Minutes VOL ?AGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS I, No. 03/04-14.1 _L__ ' 1/120/2004 FD I~/V ACCT PROJ DR/CR ACCOUNT NAME Dr. Cr 01 1~5001 672110 I Dr. Software 200.00 01 115001 616200 Ct. Subscriptions/Publications 200.00 l Risk ~VIanagement Division To sify budget to allow the purchase of he Adobe Professional 6.0 software. 'l I VOL ~ PAGE THE STATE COUNTY Oi This agreeme hereinafter cz "museum". NOW THER contained, th, TERMS OF ~ beginning on which time tt mutual agree~ FUNDING A PURPOSE: The purpose children and INTRODUC' The museum educational e~ THEREFORI Both the Cot~ their common By: ~ Title: Date: Brazos County The Children's Museum of the Brazos Valley Partnership Agreement OF TEXAS )( )( BRAZOS )( KNOWN ALL MEN gV TI4EgE PP, EgENTg it, entered into this ~.day of .~~ , 2004, by and between Brazos County, lied the "County", and The Children's Musgum of the Brazos Valley, hereinafter called EFORE, in consideration of the promises, covenants, terms and conditions herein parties hereto mutually agree: ~GREEMENT: The term of th~s agreement shall for a period of approximately one year the date of the execution of this agreement and terminating on September 30, 2004, at e agreement will be reviewed, subject to satisfactory operation under this agreement and nent of both parties. MOUNT: $12,500 }f County shall' be to provide and hands-on interactive & educational and environment for ~ents to interact, learn and develop. :ION: offers exhibits and programs for children and their families to learn in an interactive and ~vironment. dy and the Museum enter into a cooperative agreement to maximize the effectiveness of goal and show good stewardship of citizen's dollars and donations. ! VOL CC DF~ PU DIS SH~ AG ROt DIS] Appr, Court (This PERSONNEL CHANGE OF STATUS ,URT DATE: January 20, 2004 PARTMENT: Personnel RPOSE: Approve Personnel Change of Status ~ARTMENT NAME EMPLOYEE NAME ACTION REQUESTED FRICT ATTORNEY DOZIER, GEORGIA EDWINA NEW HIRE - FULL TIME RIFF'S OFFICE / JAIL WARD, BERTHA PACK, DAVID ROLLS, JEANNIE P. ANDREWS, BLAKE HENSON, KENNETH KNELL, JOSEPH BOOKER, DARRYL BURNS, JOAN PLENTL, ROGER RETIREMENT RESIGNATION NEW HIRE - FULL TIME NEW HIRE - PART TIME NEW HIRE -- FULL TIME NEW HIRE - FULL TIME NEW HIRE - FULL TIME NEW HIRE - FULL TIME NEW HIRE - FULL TIME ~.XTENSION MOLDENHAUER, LORI NEW HIRE - PART TIME D AND BRIDGE WILHELM, WAYNE PROMOTION RICT CLERK HODGES, BETTY PACK, MELINDA PROMOTION PROMOTION ,red in ~ommissioners' Court: January 20, 2004 ~~f~ .y Judge s or Commissioner's Signature: copy to be attached to minutes) INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE CITY OF BRYAN This Agreement is made and entered into this ~'-day of January, 2004, by and between1 ~e CITY OF BRYAN, TEXAS, a Texas Home Rule Municipal Corporation (hereiT~after referred to as "CITY"), and BRAZOS COUNTY, TEXAS, a political subdiviSion of the State of Texas, (hereinafter referred to as the "COUNTY"). RECITALS: WHEREAS, Chapter 791 of the T~XAS GOYE~,~NT CODE, also known as the Intcrlo ml Cooperation Act authorizes all local govcmmcnts to contract with each other to pcrfonn functions or services that each party to thc contract is authorized to perform indivi~ ually;, and WHEREAS, CITY and COUNTY are engaged in cooperative and mutually benefi ~ial discussions in a number of areas and desire to expand areas of cooperation; and WHEREAS, the Office of Rural Community Affairs ("ORCA") has awarded a Texas Community Development Program grant to the COUNTY for construction of certain sewer collection system improvements; and WHEREAS, such grant was premised and made contingent upon the CITY contril uting the sum of Thirty-Two Thousand and No/Dollars ($32,000.00), in order to qualif, for the Grant; and WHEREAS, such grant has been awarded and the COUNTY is ready to proceed with tle Project; and WHEREAS, CITY and COUNTY, pursuant to the provisions of the Interlocal Coope ation Act, Chapter 791 of the TEX~S GOVERNM~brr CODE, as amended, have determ [ned that to it would be in the best interests of CITY and COUNTY to enter into this ag3,¢ement for participation funding of the Sewer Collection System Improvements. NOW, THEREFORE, for and in consideration of mutual benefits to be derived by each oJ'the parties hereto, said parties agree and covenant as follows: 1. Project Funding. CITY ~grees to contribute ,t? sum of Thirty-T,w_,,o, Thousand and No/Dollars ($32,000.00) from it~ general funds (the Participation Funds ) to the COUNTY to construct the West th · . ~, . 28 Street Sewer Collect]on Sys. tem Improvements ProJect ( The ProJect"). This Project is located on or near West 28th Street, as more particularly described on the General Locatk'~,n~ Map attached hereto as Exhibit "A" and made a part hereof for all purpo,s,e,s,: The S~;wer Collection Improvements are those generally described on Exhibit B VOL PAGE attach, for col 2. The C const~ all des In add COUI, proper 3. If the ] refund 4. This c comlIll from Decer 5. CITY the C( for sm 6. 6.1 6.2 the in~ address, at least hereto and made a part hereof for all purposes. The County shall be responsible astruction of the Project and the obtaining of all necessary easements. Project Construction and Supervision. 0UNTY agrees to use the Participation Funds received from the CITY solely for lotion of the Project. The CITY shall, without compensation, review and approve ign~plans for the Project and provide inspection of the Project during construction. ition, at no cost to the COUNTY, the CITY shall, upon the .written request of the [TY, manage the construction contract through its engineering department to insure construction and approval of pay requests by the general contractor of the Project. Refund. ?roject is not constructed, the CITY'S Participation Fund if previous paid, will be Termination ontract may not be terminated by the CITY unless the COUNTY does not ,'ncc construction of the Project within the next succeeding twelve (12) months he date of this contract. Completion of the Project is expected on or before her 31, 2004. Payment viii remit the Participation Funds to the COUNTY for the Project upon demand by UNTY, which shall be no earlier than sixty (60) days prior to the anticipated need ~ funds. General Provisions. 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. Written notice shall be deemed to have been duly served if delivered in person to ividual listed below or if it is delivered or sent certified mail to the business ~ as listed below. Each party has the right to change its business address by giving thirty (30) days advance written notice of the change to the other party in writing. Brazos County Judge Brazos County, Texas 300 E. 26th Street, #114 Bryan, Texas 77803 City Manager of Bryan City of Bryan P.O. Box 1000 Bryan, Texas 77805 w/copy to City Attorney City of Bryan Legal Dept. P.O. Box 1000 Bryan, Texas 77805 6.3 identi 6.4 State. in Bn 6.5 Agree every eXCUS~ waive or wai 6.6 assign 6.7 for an court unenfi then s, 6.8 COUI? writtel and e:~ 6.9 and ti author Agree: respec 6.10 by the 6.11 make~, termir It is understood and agreed that this agreement may be executed in a number of :al counterparts, each of which shall be deemed an original for all purposes. This Agreement has been made under and shall be governed by the laws of the ff Texas. The parties agree that performance and all matters related thereto shall be zos County, Texas. Failure of any party, at any time, to enforce a provision of this Agreement shall in [y constitute a waiver of that provision, nor in anyway affect the validity of this ment, any part hereof, or the right of either party thereafter to enforce each and provision hereof. No term of this Agreement shall be deemed waived, breached or ~d unless the waiver shall be in writing and signed by the party claimed to have 5. Furthermore, any consent to or waiver of a breach will not constitute consent to, ver of, or excuse of any other different or subsequent breach. This Agreement and all rights and obligations contained herein may not be od without the prior written approval of the other party. If any provision of this Agreement shall be held to be invalid, or unenforceable reason, the remaining provisions shall continue to be valid and enforceable. If a ff competent jurisdiction finds that any provision of this Agreement is invalid or }rceable, but that by limiting such provision it may become valid and enforceable, ~ch provision shall be deemed to be written, construed, and enforced as so limited. This Agreement represents the entire and integrated agreement between CITY and ITY and supersedes all prior negotiations, representations, or agreements, either or oral. This Agreement may only be amended by written instrument approved acuted by the parties. Each party has the full power and authority to enter and perform this Agreement, te person signing this Agreement on behalf of each party has been properly ized and empowered to enter into this Agreement. The persons executing this nent hereby represent that they have authorization to sign on behalf of their Iive entity. The parties acknowledge that they have read, understand and intend to be bound terms and conditions of this Agreement. This Agreement beComes effective when signed by the last party whose signing the agreement fully executed and will remain in full force and effect until ated or modified as hereinafter provided. VOLS& PAGE EXE( ,~FED on this day of BtLa2 ',OS COUNTY i~')klqDY SI~S, Judge ATT' ,T: Karen McQueen, County Clerk Date: ,2004. CITY OF BRYAN BY: Date: JAY DON WATSON, Mayor ATTEST: Mary Lynne Stratta, City Secretary Date: APPROVED: Mary Kaye Moore, City Manager Date: APPROVED AS TO FORM: Michael Cosentino, City Attorney Date: VOL 32 PAGE ~.~_~_~ EXHIBIT "A" J. DALE BR 81890 BRAZO.S COUNTY TCDP 2003~2004 APPLICATION GENERAL LOCATION MAP VOL ~3,_._.~PAG£ ~ P.O. Box 10838, Collego St~tiom, Texas 77842 EXHIBIT "B" Page 1 EXHIBIT "B" Page 2 STATE among a as listed Brazos Valley Regional MUTUAL AID AGREEMENT , OF TEXAS § ~ This Mutual Aid A~reement (MAA or Agreement) is entered into by, bbtween and I1 the entities, all of which are Parties hereto, and which comprise the' Brazos Valley Regional area below: Brazos County, Texas; B~urleson County, Texas; .jrimes County, Texas; Leon County, Texas; ~adison County, Texas; [~obenson County, Texas; and Washington County, Texas ' RECITALS plans ad applicab whose jt inc]udin mutual S: lHomelc plans. d SecuriO'lRegional Mutual Aid. doc Page 1 of 15 [Mutual Aid Agreement] ['he Parties recognize the vulnerability of the people and communities located within the Region to damage, injury, and loss of life and property resulting from disasters and/or civil emergencies and recogni~ that disasters and/or civil emergencies'may present equipment and manpower requirements beyond l~e capacity of each individual Party; and . ' / II'he Parties must confront the threats to public safer5, posed by possible terrorist actions and weaponfl of mass destruction and other incidents of man-made origin, and the threats to public safety from natural fl;asters, all capable of causing severe damage to property and danger to life; and 'he Parties to this agreement recognize that mutual aid has been provided in the past and have delermi ~d that it is in the best interests of themselves and their citizens to create a plan to foster commur ications and the sharing of resources, personnel and equipment in the event of such calamities; and the l~oveming officials of the Panics desire to secure for each Party the benefits of mutual aid for the protecticn of life and property in the event of a disaster and/or civil emergency; and 'he Parties wish to make suitable arrangements for furnishing mutual aid in coping with disasters and/or c: vil emergencies and are so authorized and make this Agreement pursuant to Chapter 791, Texas Governr lent Code (Interlocal Cooperation Act); Chapter 418, Texas Government Code (Texas Disaster Act of 1 775); Chapter 362, Local Government Code; and Executive Order No. RP-12 by the Governor of the State of Texas (April 3, 2002); and [t is expressly understood that any mutual aid extended under this agreement and the operational >pied pursuant thereto, is furnished in accordance with the "Texas Disaster Act" and other le provisions of law, and except as otherwise provided by law that the responsible local official in 5sdiction an incident requiring mutual aid has occurred shall remain in charge at such incidents the direction of such personnel and equipment provided him/her through the operation of such 1. REC] 2. DEFI A. AGR~ B. AID A resources C. ASSIS Party. D. AUTE in writing The list o shall be i~ E. CIVIL thereof w there is a] F. DISAS causes w made cau epidemic, action, en terrorism, that will 1 county, ff G. DISA departme~ level. Th sub-distri H. EMEF peace, wt property. I. LOCAl organized J. MUTt K. WORI facilities, Party to I: OW, THEREFORE, the Parties agree as follows: TALS. The recitals set forth above are true and correct. N. IT1ONS EMENT - this document, duly executed. .ND ASSISTANCE - includes personnel, equipment, facilitie.s,' services, supplies, and other TING PARTY - the Participating Government furnishing aid and assistance to the Requesting QR1ZED REPRESENTATIVE - an employee of a Participating Government who is authorized by that entity to request, offer, or provide.aid and assistance under the terms of this Agreement. ' authorized representatives, by title, for each Participating Government executing this Agreement tcluded on the signature page and shall be updated as needed.by each participating entity. EMERGENCY - an unforeseen combination of circumstances or the resulting consequences thin the geographic limits of a given jurisdiction that calls for immediate action or for which Urgent need for assistance or relief ~ protect the general cit. izenry. ER - the occurrence or imminent threat of any natural,'technological, or civil emergency that idespread or severe damage, injury, or loss of life or property resulting from any natural or man- ;t, including fire, flood, earthquake, wind, storm, wave action, oil spill or other contamination, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary ergy emergency (as that term is defined in Chapter 418 of the Texas Government Code), acts of and other public calamity requiring emergency action of sufficient severity and magnitude or ikely exceed local capabilities as to result in a declaration of a state of disaster by a municipality, e Governor, or the President of the United States. ;TER DISTRIC COMMITTEE (DDC) - counterpart representatives of each agency and d having an emergency service function on the state council established at the disaster district :highway patrol captain of each highway patrol district and lieutenant of each highway patrol :t serve as chairman of these committees. .(~ENCY - any occurrence, or threat thereof, whether natural or caused by man, in war or in ich results in substantial injury or harm to the population, or substantial damage to or loss of , GOVERNMENT- a county, municipality, special district, or any corporate/political entity under state law of Texas. IAL AID - includes, but is not limited to, such resources as equipment, supplies and personnel. [, OR WORK-RELATED PERIOD - any period of time in which the personnel, equipment, services, supplies, and other resources of the Assisting Party are being used by the Requesting 'ovide assistance and for which the Requesting Party may reimburse the Assisting Party (See Section 7 S:tHomelana iecurity~Regional Mutual Aid. doc Page 2 of 15 [Mutual Aid Agreement] L. PARdi service e M. PERI AsMstin~ and assis providinl first. The trip from of condu N. REq)t Each Par assistanc and kee disaster ~ Governrr includin[ emergent Mayor his/her re Each En serve as i purposes 5. J (a) a decl Code; or (b) the fil (c) the oc exceeded The acti~ civil eme event of: respectiv provisior other en officially Assistan( Assisting assistanc. respondi~ S.'~Homelant I.CIPATYNG GOVERNMENT - any county, municipality, political subdivision, or emergency atity of the State of Texas, which executes this Mutual Aid Agreement. , OD OF ASSISTANCE - the period of time beginning with the departure of any personnel of the Party, from any point, for the purpose of traveling to the Requesting Party in order to provide aid lance, and ending upon the return of all personnel and equipifient of the Assisting Party, after ' ; th[ aid and assistance requested, to their residence or regular place of wbrk, whiehever occurs period of assistance shall not include any portion of the thp to the Requesting Party or the return the Requesting Party, during which the personnel of the Assisting Party are engaged in a course :t not reasonably necessary for their safe arrival at, or return from, the Requesting Party. ", JJESTING PARTY - the Participating Government requesting aid in the event of an emergency. ticipating Government must coordinate requests for State or Federal emergency response through the appropriate agencies. 'ARTY'S EMERGENCY MANAGEMENT PLAN. Each Party required to do so shall prepare current an emergency management plan for its .jurisdiction to provide for emergency and/or aitigation, preparedness, response and recovery, in accordance with Chapter 418 of the Texas ent Code. The emergency management plan shall incorporate the use of available resources, :personnel, equipment and supplies, necessary to provide and/or receive mutual aid. The ~ management plan shall be submitted to the Governor's Division of Emergency Management. ',.blERGENCY MANAGEMENT DIRECTOR. The County Judge of each County or the 'each City participating in this Agreement shall serve as the Emergency Management Director for spective jurisdiction and shall take all steps necessary for the implementation of this Agreement. ~¢rgency Management Director may designate an Emergency Management Coordinator who shall ~ assistant to the presiding officer of the political subdivision for emergency management t.CTIVATION OF AGREEMENT. This Agreement shall be activated in the event of either: aration of a local state of disaster by a Party pursuant to Chapter 418 of the Texas Government ~ding of a state of civil emergency by the presiding officer of the governing body of a Party; or currence or imminent threat of disaster such that local capabilities are, or are predicted to be, ation of the Agreement shall continue, whether or not the local disaster declaration or state of rgency is still active, until the services of the Party rendering aid are no longer required. In the widespread disasler affecting more than one Party hereto, each affected Party shall utilize its ~ State of Texas Department of Public Safety Disaster District Committee for coordinating the of mutual aid. !.ROCEDURES FOR PROVISION OF MUTUAL AID. When a Participating Government or ly either becomes affected by, or is under imminent threat of an emergency or disaster or has declared a disaster, it may request aid and assistance by: (1) submitting a written Request for e to an Assisting Party, or (2) orally communicating a request for aid and assistance to an Party, which shall be followed by a written request if the Assisting Party so requests. Aid and ',shall not be requested by a Participating Government unless resources normally available to the Ig agencies to the stricken area are deemed to be inadequate, or are predicted to be expended prior ! SecuriO, IRegional Mutual A id. doc Page 3 of 15 [Mutual Aid Agreement] to resolul Represer A. REQt Authoriz Section B. REQ: ion of the situation. All requests for aid and assistance must be transmitted by 1) an Authorized tative of the member political subdivision or 2) the Director of Emergency Management. JESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the ,~d Representative of the Assisting Party and provide the necessary information as prescribed in .C. hereto. rESTS ROUTED THROUGH, OR ORIGINATING FROM, THE DISASTER DISTRICT: The Requesti]~g Party may directly contact the Disaster District, and the Disaster District will then contact other Participal ing Govemmertts on behalf of the Requesting Party. 'Once id4ntified, each Assisting Party must communi[cate directly with (unless otherwise directed by the DDC) the Requesting Party in order to ensure specific leeds are communicated. / C. REQI[JIRED INFORMATION BY REQUESTING PART~:' Each request for aid and assistance shall be accompanied by the following information, to the extent known: 1). A general description of the damage sustained or threatened; 2). Idenfi (e.g. fire, works am support, 3). The be needec 4): An esl personnel This info~ D. ASSE: ASSIST,a Requestir resources anticipate and resou aid unless within its; E. INFO] Assisting resources, request, a: 1). A corn services, ~ 2). The es resources 3). The n= 4). The es This infor F. SUPEI~ Agreemer Party will S.'Womeland cation of the emergency service function or functions for which aid and assistance is needed tw enforcement, emergency medical, search and rescue, transportation, communications, public engineering, building, inspection, planning and information assistance, mass care, resource alth and other medical services, etc.), and the particular type of assistance needed; nount and type of aid and assistance needed and a reasonable estimate of the length of time it will l; and. . ', . treated time and a specific place for a representative of the Requesting Party to meet the and equipment of any Assisting Party. marion may be provided on a form designed for this purpose or by any other available means. iSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER qCE: When contacted by a Requesting Party, or by the Disaster District on behalf of a Party, the Authorized Representative of any Participating Governmenl agrees to assess local to determine availability of personnel, equipment and other assistance based on current or ! needs. All Participating Governments shall render assistance to the extent personnel, equipment ces are deemed available. No member political subdivision shall be required to provide mutual it determines that it has sufficient resources to do so based on current or anticipated events own jurisdiction. VIATION REQUIRED OF THE ASSISTING PARTY. An Authorized Representative of an Party who delermines that the Assisting Party has available personnel, equipment, or olher shall so notify the Requesting Party or the Disaster District, whichever communicated the id provide the information, to the extent known: plete description of the personnel and their expertise and capabilities, equipment, facilities, upplies, and other resources to be furnished to the Requesting Party; timated length of time that the personnel, equipment, facilities, services, supplies, and other will be available; me of the person or persons to be designated as supervisory personnel; and tirnated time of arrival for the aid and assistance to the designated location. marion may be provided on a form designed for this purpose or by any other available means. .VISION AND CONTROL: When providing aid and assistance under the terms of this t, the personnel, equipment, facilities, services, supplies, and other resources of any Assisting ~e under the operational control of the Requesting Party, the response effort to which SHALL be ~curitylRegional Mutual A id. doc Page 4 of 15 [Mutual Aid Agreement] VOL PAGE 2, i organize format. shall ren personn~ equipm¢ furnishe, Party's p subject G. FOC Requesti Assistin Howeve sufficien sufficien H. COM responsil Requesti equipme: practical: I. R1GH: are rende and imm Assistin J. TERIX the Requ K. SUM1 Agreeme Assisting personne assislanc~ otherwise A. PERS' employee reimburs~ indirect 1: expense( 13. EQUIl equipmer or slate h~ For those Agency, $..IHornelam c! and functioning within an Incident Command System (ICS)'¥'Unified Command Sys. tem (UCS) Direct supervision and control of personnel, equipment and resources and personnel accountability lain with the designated supervisory personnel of the Assisting Party. The designated supervisory ~1 of the Assisting Party shall: maintain daily personnel time records; material records, and a log of nt hours; be responsible for the operation and maintenance of the equipment and other resources by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting rsonnel and other resources shall remain subject to recall by'the Assisting. Party at any time, ~ ret~sonable notice to the Requesting Party. ' ' ), HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed otherwise, the ng Party shall have the responsibility of providing food and housing for the personnel of the ', ;'Party from the time of their arrival at the designated location to the time of their departure. Assisting Party personnel and equipment should be, to the greatest extent possible, self- ~vhile working in the emergency or disaster area. The Requesting Party may specify only self- personnel and resources in its request for assistance. ~I.J-NICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the ility for coordinating communications between the personnel of the Assisting Party and the ag Party. Assisting Party personnel should be prepared to furnish their own communications sufficient only to maintain communications among their respective operating units, if such is le. 'S AND PRIVILEGES: Whenever the officials, employees and volunteers of the Assisting Party ring aid pursuant to this Agreement, suc.h persons shall have the powers, duties, rights, privileges, rattles, and shall receive compensation, incidental to their employment or position with and by the Party. OF DEPLOYMENT: The initial duration of a request for aid and assistance will be specified by ~'$ting Party, to the extent possible by the situation. /IARY REPORT: Within ten (10) working days of the return of all personnel deployed under this at, the Requesting Party will prepare a Summary Report of the event, and provide copies to each Party. The report shall, at a minimum, include a chronology of events and description of , equipment, facilities, services, supplies, or other resources provided by one Party to the other. LEIMBURSABLE EXPENSES. The terms and conditions governing reimbursement for any provided pursuant to this agreement shall be in accordance with the following provisions, unless agreed upon prior to the deployment by both the Requesting and Assisting Parties. DNNEL: During the period of aid and assistance, the Assisting Party shall continue to pay its according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall in accordance with standard and accepted methods, the Assisting Party for all direct and ,roll costs and expenses (including travel expenses, benefits, workers' compensation claims and incurred during the per/od of aid and assistance, if requested. ~MENT: The Assisting Party shall be reimbursed by the Requesting Party for the use of its t during the period of aid and assistance, if requested, according to either a pre-established local )urly rate or according to the actual replacement, operation, and maintenance expenses incurred. instances in which some costs may be reimbursed by the Federal Emergency Management he eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other .~ecurit)4Regional Mutual Aid. doc Page 5 of 15 [Mutual Aid Agreement] VOL 502_ PAGE 32- regulati equipm supplie~, are base reduced amount C. MAq and sup equipml establisl the Assi CFR 20 agree th Party, D. REC reimbur: Party an keeping Emerge~ state rei~ E.' PAYI all reimt but not damage pay the stateme~ o A. WOt for its o~ Compen B. AUT~ own acti that the vehicles subdivis this secti C. GENi LIABIL! political and caus actions ¢ conditio~ public o~ S:lHomelan ms in effect at the tim~ of the disaster. Each Participating Government shall maintain its own mt in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous , and minor repairs may be provided by the Requesting Party,'if practical. If the equipment charges d on a pre-established local or state hourly rate, then these charges to the Requesting Party shall be by the total value of the fuels, supplies, and repairs furnished by the Requesting Party and by the of any insurance or other such proceeds received by the Assisting Party. 'EP~ALS AND SUPPLIES: The Assisting Party shall be reimbursed, if requested, for all materials >lies furniShed by it and used or damaged during the period of assistance, except for the costs of mt, fuel, maintenance materials, labor and Supplies, which shail be included in the equipment rate Led above, unless such damage is caused by ~ross negligence, or willful and wanton.misconduct of sting Party's personnel. The measure of reimbursement shall be determined in accordance with 44 5.228 or other regulations in effect at the time of the di.shster. In the alternative, the Parties may ~t the Requesting Party will replace, with like kind and quality as determined by the Assisting e materials and supplies used or damaged. ::)RD KEEPING: The Assisting Party shall maintain records and submit invoices for ;ement by the Requesting Party in accordance with existing policies and practices. Requesting d Department finance personnel shall provide information, directions, and assistance for record to Assisting Party personnel. If the disaster is state or federally reimbursable, State Division of icy Management assistance will be sought to assist the ReqUesting Party in seeking federal and/or nbursement. ~ dENT: Unless othe .r3vise mutually agreed, the Assisting Party shall bill the Requesting Party for lursable expenses with an'itemized statement as soon as practicable after the expenses are incurred, ater than sixty (60) days following the period of assistance, unless the deadline for identifying is extended in accordance with applicable federal or state regulations. The Requesting Party shall }ill, or advise of any disputed items, not later than sixty (60) days following receipt of the .t, unless otherwise agreed upon. INSURANCE ~ERS' COMPENSATION COVERAGE: Each Participating Government shall be responsible n actions and those of its employees and is responsible for complying with the Texas Workers' s~tion Act. rMOBILE LIABILITY COVERAGE: Each Participating Government shall be responsible for its ns and will comply with the Texas motor vehicle financial responsibility laws. II is understood ocal government may include in the emergency response volunteer companies that have motor titled in the name of the volunteer company. It is the responsibility of each member political .on or entity to determine if the volunteer company has automobile liability coverage as outlined in on. ~RAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT TY: To the extent permitted by law and without waiving sovereign immunity, each member subdivision or entity shall be responsible for any and all claims, demands, suits, actions, damages, es for action related lo or arising out of or in any way connected with its own actions, and the fits personnel in providing mutual aid assistance rendered or performed pursuant to the terms and 15 of this agreement. Each member political subdivision or entity agrees to obtain general liability, ficial's liability and law enforcement liability, if applicable, or maintain a comparable self- ~t Securio4Regional Mutual A id. doc Page 6 of 15 [Mutual Aid Agreement] VOL,, .5'4 PAGE 3 insuranc, D. OTH medical .' waives death oc~ in part bi relinquis the foreg herein. program. iR COVERAGE: The Assisting Party shall provide and maintain their standard packages of ~nd death benefit insurance coverage while their personnel are assisting the Requesting Party. ~'AIVER OF CLAIMS AGAINST PARTIES; IMMUNITY RETAINED. Each Party hereto claims against the other Parties hereto for compensation foi"any loss, damage, personal injury, or lrnng as a consequence of the performance of this Agreement, except those caused in whole or the negligence of an officer, employee, or agent of another Party. No Party waives or aes any immunity or defense on behalf of itself, its officers; employees and agents as a result of ;)ing sentence or its execution of this Agreement and the performance of the covenants contained 10. ][~XPENDING FUNDS. Each Party that performs services or furnishes aid pursuant to this Agreement shall do so with funds available from current revenues of the Party. No Party shall have ,any liability lot the failure to expend funds to provide aid hereunder. , ' / 11. q[ERM. This Agreement shall become effective as to each Party when approved and executed by that Part~[ This Agreement shall continue in force and remain binding on each and every Party until such time as tie governing body of a Party terminates its participation in this Agreement pursuant to Sectmn 18 of this A~reement. Termination of participation in this Agreement by a Party or Parties shall not affect the continue{t operation of this Agreement between and among the remaining Parties and this Agreement shall continuelin force and remain binding on the remaining Parties. / 12. I~NT1RETY. This Agreement contains all commitments and agreements of the Parties with respect t~'} Ihe mutual aid to be rendered hereunder during or in connection with a disaster and/or civil emergen,:y. No other oral or written commitments of the Parties with respect to mutual aid under this Agreement shall have any force or effect if not contained herein, except as provided in Sections 13 and 17 below. 13. receivin 14. agreed t other for be subor, response Party ha.' A. Speci preventk emergen rural fire or other, of the T¢ the exist, providin. the provi Code, as S.'~1omelan LATIF1CATION. Each Party hereby ratifies the actions of its personnel and the rendering and/or of mutual aid taken prior to the date of this Agreement. ~THER MUTUAL AID AGREEMENTS. Notwithstanding Section 11, it is understood and al certain signatory Parties may have heretofore contracted or may hereafter contract with each mulual aid in civil emergency and/or disasler situations, and it is agreed that this Agreement shall tinale to any such individual contract. To assist each other in the process of mutual aid planning, each Party agrees to inform the other Parties of all mutual aid agreements that each with other municipalities, entities, counties, and slate or federal agencies. 5cally, the existence of this Agreement shall not prevent a municipality, county, rural fire ~n district, emergency services district, fire protection agency, organized volunteer group, or other :y services entity from providing mutual aid assistance on request to another municipality, county, prevention district, emergency services district, fire protection agency, organized volunteer group, ;mergency services entity, upon request, in accordance with the provisions in Section 418.109 (d) xas Government Code and Chapter 362, Local Government Code, as applicable. Additionally, race of this Agreement shall not prevent any Local Government, which is a Party hereto, from g emergency assistance to another Local Government that is not a Party hereto, in accordance with sions in Section 791.027 of the Texas Government Code and Chapter 362, Local Government applicable. ~ SecuriO,IRegional Mutual Aid. doc Page 7 of 15 [Mutual Aid Agreement] 15. ~TERLOCAL COOPERATION ACT. The Parties agree that mutual aid in the context contem [ated herein is a "governmental function and service" and that the Parties are "local governments" as that term is defined herein and in the Interlocal Cooperation Act. 16. ~;EVERABILITY. Ifa provision contained in this Agreement is held invalid for any reason, the invalidirtdoes not affect other provisions of the Agreement that can be given effect without the invalid provisio] arid to this end the provisions of this Agreement are severable. 17. [L1DITY AND ENFORCEABILITY. If any cu/'rent or future legal limitations affect the validity ~r enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreem, nt and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitatjbns, and so modified, this Agreement shall continue in full force and effect. 18. k~IENDMENT. This Agreement may be. amended only by the mutual written consent of the Parties. 19. 'ERMINATION. Any Party may at any time by resolution or notice given to all the other Parties decline t~ participate in the provision of mutual aid. Counties, cities, and other political subdivisions and public aflencies having a legislative or governing body which are signatories hereto Shall by resolution give notice oqtermination of participation in this a~reement and submit a certified copy of such resolution to all other participating Parties. Such termination shall become effective not earlier than 30 days after the filing of such r otice. The termination by one or more of the Parties of i'ts participation in this agreement shall not affect th{: operation of this agreement as between the other Parties thereto. 20. This Agr Parties. 21. ? the atten' mail, ten To Brazt To Coun To Coun S.qHomelan '['HIRD PARTIES. This Agreement is intended to inure only to the benefit of the Parties hereto. ement is not intended to create, nor shall be deemed or construed to create any rights in third }TICE. Any notice required or permitted between the Parties must be in writing, addressed to ion of each respective Chief Elected Official, and shall be delivered in person, or mailed certified irn receipt requested, or may be transmitted by facsimile transmission as follows: !. ,s County at: Emergency Management Director / CounW Judge 300 East 26th Street Bryan, TX 77803 (979) 361-4102/01 FAX (979) 823-6993 ty of Burleson at: Emergency Management Director/County Judge 100 W. Buck Caldwell, TX 77836 (979) 567-2333 FAX (979) 567-2372 ty of Grimes at: Emergency Management Director/County Judge 00 Main Street Anderson, TX 77830 (936) 873-2111 ~l Securio, IRegional Mutual Aid. doc Page 8 of 15 [Mutual Aid Agreement] VOL PAGE ,35 To Counl To Counl To Counl To Count 22. ~; body or a signalory Agreeme] 23. ( Agreeme] 24. been incl: be used S.'~lornelanc FAX (936) 873-5065 y of Leon at: y of Madison at: ' of Robertson at: · of Washington at: Emergency Management Director/County Judge P.O. Box 429 Centerville, TX 75833 (903) 536-2331 ' FAX (936) 536-7044 Emergency Management Director/CounW Judge 101 West Main, Room 110 Madisonville, TX 77864 (979) 348-2670 FAX (979) 348-2690 Emergency Management Director/County Judge P.O. Box 1029 Franklin, TX 77856 (979) 828-3542 FAX (979) 828-2944 Emergency Management Director/County Judge 100 East Main St., Suite 104 Brenham, TX 77833 (979) 277-6200 FAX (979) 277-~221 kRRANTY. The Agreement has been officially authorized by the governing or controlling ~ency of each Party hereto and each signatory to this Agreement guarantees and warrants that the has full authority to execute this Agreement and to legally bind the respective Party 1o this lt. ;OVERNING LAW AND VENUE. The laws of the State of Texas shall govern this Venue shall be determined in accordance with the Texas Rules of Civil Procedure. [.EADINGS. The headings at the beginning of the various provisions of this Agreement have ~ded only in order to make it easier to locate the subject covered by each provision and are not to construing this Agreement. **The Rest of this Page is Intentionally Left Blank** SecuriO, IRegional Mutual .~id. doc Page 9 of 15 [Mutual Aid Agreement] VOL 53pAGE EXECUT as require~ specified ~ by the Parties hereto, each respective entity acting by and through its duly authorized official 1 by law, on multiple counterparts each of which shall be deemed to be an original, on the date m the multiple counterpart executed by such entity. Date: S: ~Homeland i ~ecurityiRegional Mutual Aid. doc **The Rest of this Page is Intentionally Left Blank** Page 10 of 15 [Mutual Aid Agreement] VOL5o~ PAGE 2>7 Brazos C ~unty, Texas: Judge o£?azos COU/ - ATTEST:II, , ~~~~. Name: ~~ F~ Si~ature: Burleso n Count.',', Texas: ' B~rleson Coun'ly'-~ NAME: Signatm Judge o: AUTH£ ATTES Name: Date: EXECU as requi~ specifie< Dale: ~RIZING REPRESENTATIVES (Title only):_ i -_ 3-o3 Clerk.. Page 11 of 15 [Mutual Aid Agreement] VOL_5~_PAGE 3g S.'tHomelat t SecuriO'lRegional Mutual.~id. doc TED by the Parties hereto, each respective entity acting by and through its duly authorized official 'ed by law, on multiple counterparts each of which shall be deemed to be an original, on the date on the multiple counterpart executed by such entity. **The Rest of this Page is Intentionally Left Blank** EXECU' as requir specified Grimes NAME: Signatm' Judge 6t: AUTHO ATTES2 Name: Date: S: kHomelan~ FED by the Parties hereto, each respective entity acting by and through its duly.authorized official ~d by law, on multiple..counlerpans each of which shall be deemed to be an original, on the date on lhe multiple counterpart executed by such entity. Zounty, Texas: l!kimes County P-,jZIN G REPRESENTATIVES: **The Rest of this Page is Intentionally Left Blank** Securio4Regional Mutual Aid. doc Page 12 of 15 [Mutual Aid Agreement] VOL Signatut Judge of AUTHO ATTES'I Name: Date: EXECU3 as require specified Madison S: lHomelana RjZING REPRESENTATIVES (TiIIe only): CO6f.~VIFf '~-'~ 3~,' Signature: **The Rest of this Page is Intentionally Left Blank** 'ED by the Parties hereto, each respective entity acting by and through its duly authorized official d by law, on multiple counterparts each of which shall be deemed to be an original, on the date an the multiple counterpart executed by such entity. Count)', Texas: 29ecurit),lRegional Mutual Aid. doc VOL PAGE Page 13 of 15 [Mutual Aid Agreement] EXECU7 as requir, specified Madiso]~ NAME: Signatur Judge of AUTHO ATTES'I Name: Date: S.'lHomela~ ?ED by the Parties hereto, each respective entity acting l~y and through its duly authorized official ;d by law, on multiple counterparts each of which shall be deemed to be an original, on the date on the multiple counterpart executed by such entity. " County, Texas: , ~r, ~ ~,1. ~t~_~.._~/Date: Madison County klZING 'REPRESENTATIVES (Title only): Z/~ tM d~'J"t' 1 **The Rest of this P~age is Intentionally Left Blank** d SecuriO'~Regional Mutual A id. doc Page 14 of 15 [Mutual Aid Agreement] VOL 5-a, PAGE NAME: Signatm Judge ol AUTH£ · Robertson County ~RIZING REPRESENTATIVES (Title only): rote: [~ - i/- J-o o y EXECU as requi: specifie~ Washin NAME: S.'~lqomela~ Signature: Title: **The Rest of this Page is Intentionally Left Blank** TED by the Parties hereto, each respective entity acting by and through its duly authorized official 'ed by law, on multiple counterparts each of which shall be deemed to be an original, on the date on the multiple counterpart executed by such entity. ;ton County, Texas: Id SecuriO'iRegional Mutual Aid. doc Date: Page 15 of 15 [Mutual Aid Agreement] VOL S___&__PAGE~ Signatm , Judge o: ~vVashingt~)n ~ou~ty~ d ATTES~ _, c~ ~2 ~The Rest of this Page is Intentionally Left Blank~ S: ~Homelan :t SecuriO, iRegion al Mu tual ,q id. doc Page 16 of 15 [Mutual Aid Agreement] VOL 6& PAGE ~ DEPA~ DATE ITEM: Old Bun of Old B located SOURCI Pi A~ SUBMIT' Richard I county E CC04-OC This Re( Date: ? R~ BRAZES COUNTY COMMISSIONERS' COURT ACTION FORM FMENT Road and BridRe NUMBER 560010 F COURT MEETING: January 20, 2004 P 9rmission to enter private property owned by David G. Meece, Jr. located off ~ick Road for the purpose of removing a large dead tree from the riqht of way .mdick Road for the health, safety and welfare of the general public. Site is n Precinct 2. N/A = OF FUNDS: i~sentation: :tion Requested or Alternatives: ~cessinq Instructions: r"ED BY: ". Vance, P.E. !ngineer 4 lUest'is Appro,ved ~9~rDonied ~dy S~s, COunty Jud~l~ / / APPROVED BY: Commissioner Du-'~ne Peters -"'" Precinct 2 ~ by Commissioners Court VOL 5A Rsndy Sims County Judg~ Commission( Duane Peter., CommissionE Kenny Mallar~ Commissione Carey Caule~ Commission~ I1. L IV. M IF bE Richard County Owner's BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM rPct 1 rPct2 I r Pct 3 'Pct4 Date AND OWNER AND ADDRESS l/~ 3'2- ~. ¢ J_ 'IP 2)CATION OF WORK ESCRIPTION OF WORK TO BE DONE AINTENANCE YES _ NO/ YES, ESTIMATE FREQUENCY OF MAINTENANCE ?tified prior to maintenance) (Owner will F. Vance, P.E. Engineer Signature: En~ I Foreman / Ri~-e~nt DATE, DEPAR' DATE O ITEM: C Subdivis Subdivis Easeme SOURCI I PRES Ti p~ ri~ al II ACTI A~ r6 a,' BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM r'MENT Road and Bridge NUMBER 560010 F COURT MEETING: January 20, 2004 ~nsider and take action on a request for a variance (from the Brazos County ion and Development Regulations) effectinq the Final Plat of Tuscany Trace ion to place utilities under a private road rather than in a platted Public Utility ~. Subdivision site is located in Precinct 1. - OF FUNDS: N/A ENTATION: ~e variance request, submitted by Rick Conlin, asks that the developer be ;rmitted to locate a 30' wide public utility easement within the proposed 70' ~ht of way of the PRIVATE ROAD named Bella Lago Court which is located on ~ existing dam/embankment to a pond. REQUESTED OR ALTERNATIVES: ; Bella Lago Court will hereafter remain "PRIVATE", the developer is 3ponsible for any and all future maintenance pertaining to the road and all ~$ociated drainage structures. Richard =. Vance, P.E. County !ngineer CC04-0 ~6 This Re~luest is Approved 'l~(or)~ Denied Date: ! ./~/~2,,'~Z~ ~ R~hdy-Sims,.~'unty J~Jdge ~;mr~i;sioner Eric C~dwell Precinct 1 by Commissioners' Court