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HomeMy WebLinkAbout2005-04-05-9:00AM-RegularBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE CO SESSIO? OF THI BRYAN, 1. 2. 41SSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR N 5 APRIL 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM RAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, and Pledge of Allegiance - Commissioner Mallard for citizen's input and/or concerns. Consider rd take action on agenda items 3 -15: 3. B get Amendment 04/05-22.1 thru 04/05-22.5 4. Pe onnel Change of Status. I 5. Pa ent of Claims. 6. Int local Cooperative Contract between Brazos County and the Texas Department of Pu is Safety to help purchase Case Management Software (CMS), computers or other tec ological upgrades necessary to achieve Federal Motor Carrier Safety Administration (FT ~ CSA) reporting requirements. 7. Re est by Donald Lampo, Precinct 2 Constable, for permission to appoint Van Boston as non-paid Deputy Constable. 8. Re est by Commissioner Mallard for approval of out of state travel for a legislative trip to ashington, D.C. Dates of travel are 9-12 May 2005. 9. Re est by the Treasurer's Office for approval of out-of-state travel for Rhonda Hare to tra 1 to Monterey, California to attend the 2005 West Coast Client Conference for S and Pentamation. Dates of travel are May 11-14, 2005. VOL to 3 PAGE Commissioners Court Agenda 5 April 2005 Page 2 10. t the date, time and location for a Public Hearing on the installation of a stop sign at the i errection of Andert Road and Key Energy Private Road located in Precinct i 11. proval of the Commissioners Court minutes for the following 2004-2005 dates: 7 December 2004 Regular Meeting g. 4 January 2005 Regular Meeting 14 December 2004 Regular Meeting h. 11 January 2005 Regular Meeting c 15 December 2004 Special Meeting i. 18 January 2005 Regular Meeting 21 December 2004 Regular Meeting j. 25 January 2005 Regular Meeting e 28 December 2004 Regular Meeting 12. quest from Verizon Communications to construct a road bore and buried cable i tallations in the rights of way of Arrington Road and Indian Lakes Drive at a minimum d th of 30 inches. Site is located in Precinct 1. 13. llborn Special Utility District's cost estimate of $9,443.00 to relocate approximately 2 linear feet of water line (at Brazos County's request) to accommodate Koppe Bridge ad improvements. Site is located in Precinct 1. 14. P ission to enter Joannie R. Cole's property located off Pine Tree Road for the pi i ose of cleaning the creek channel approximately 100 feet in each direction from the n right of way for drainage purposes and the health, safety and welfare of the general p lic. Site is located in Precinct. 15. Aeptance of a Special Warranty Deed from Joannie R. Cole for improvements to Pine T e Road located in Precinct 2. 16. At4owledgement of the Comparative Analysis on Pro Rata Tobacco Settlement D tribution for Brazos County. 17. A owledgement of the Monthly Reports submitted in March 2005. These reports are a 'lable for review in the County Judge's Office. 18. Ai i ouncement of interest items and possible future agenda topics. 19. C4 for citizen input and/or concerns. 20. A#ncy / Board / Committee reports by Court members. 21. The Brazos unty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive s F1, ices must be made two business days before the meeting. To make arrangements, call (979) 361-4102. V©L0PAGE = BRAZOSCOUNTY BRYAN,TEXAS NOTICE OF ADDENDUM TO THE AGENDA _t fan BRAZOS COUNTY COMMISSIONERS COURT THE 5 Al TEXAS. In adc on the MISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, to the regular agenda, the Commissioners Court will consider and take action ving item(s): 1. Consi ration of an Order authorizing representatives of Brazos County to enter into negoti ions for the purchase of and, if necessary, the institution of proceedings in Eminent Doma for the acquisition of 0.72 acres of land in the Abner Lee survey, Abstract No. 31, Brazo ounty, Texas for the purpose of rerouting and improving Rabbit Lane. The Brazos unty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive se ices must be made two business days prior to the meeting. To make arrangements, call (979) 361-4102. i Office oft County Judge • 300 East 26`" St. • Suite 114 . Bryan, Texas 77803 Fax: (979) 361-4503 i VOL PAGE COMMISSIONERS' COURT REGULAR MEETING APRIL 5, 2005 A regular meeting of the Commissioners' Court of Brazos Ct! nty, Texas was held in the Brazos County Commissioners CWrtroom in the Courthouse in Bryan, Brazos County, Texas, inning at 9:00 a.m. on Tuesday, April 5, 2005 with the ff~lowing members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, 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 pj dge of allegiance. Under citizen input/and or concerns, the following spoke: Demetrios Basdekas a) Asked to see the backup material for an agenda item before the meeting. The County Judge replied that he had spoken with legal counsel and was told that the agenda is public record prior to the meeting but not the documents that go along with it. Mr. Basdekas then stated that at the appropriate time, he wanted to comment on agenda item #8. County Judge a) He received a letter from the State Emergency Management organization complimenting DeMerle Giordano. In the letter it stated that she had done a VOL 0 PAGE L~ C issioners Court meeting April 5, 2005 3 u rades necessary to achieve Federal Motor Carrier Safety A inistration reporting requirements. The DPS has $11,000 a dotted to help with the purchase of those things necessary t help the Justice of the Peace offices achieve reporting i requirements. On motion by Commissioner Cauley, seconded by C issioner Wassermann, the Court voted unanimously to enter i o an Interlocal Agreement with the Texas Department of Public Safety and authorized the County Judge to execute the document. A copy is attached. l The Court next considered a request from Constable P cinct 2, Donald Lampo, to appoint Van L. Boston, as a non- i p 'd Deputy Constable. On motion by Commissioner Peters, i s' onded by Commissioner Cauley, the Court voted unanimously t approve the request from Constable Lampo to appoint Van L. BI'ston as a non-paid Deputy Constable subject to appointment b ing within the allotted number of deputies. i The next matter for consideration by the Court was a r quest submitted by Commissioner Mallard seeking approval for o .t of state travel for himself. Commissioner Mallard will be traveling to Washington D.C. with the Chamber of Commerce to r'present Brazos County on the Bryan/College Station Chamber o Commerce Legislative Affairs Trip May 9 through 12, 2005. T metrios Basdekas asked to speak and he announced that when Jones was on the Court he went on a similar trip. He VOL ~a~ PAGE C r0unced issioners Court meeting April 5, 2005 4 a in Court that it would be at no cost to the County. Basdekas went on to say that he thinks that we have a DI . i very capable Congressman to do such lobbying. He has trouble s ing why the County should pay for such travels to promote a i s cial interest. On motion by Commissioner Cauley, seconded b Commissioner Peters, the Court voted unanimously to grant t# request from Commissioner Mallard and approved payment of 0 of state travel expense for Commissioner Mallard. The next matter for consideration by the Court was a rf~uest submitted by the Treasurer seeking approval for out of s to travel for Assistant Treasurer, Rhonda Hare. Mrs. Hare I w it be traveling to Monterey, California to attend the 2005 i W t Coast Client Conference for SunGard Pentamation May 11 t ough the 14, 2005. On motion by Commissioner Cauley, i s onded by Commissioner Mallard, the Court voted unanimously t (grant the request from the Treasurer and approved payment of I 0 of state travel expense for Mrs. Rhonda Hare. i The next matter before the Court was to set the date, i t e and location for a Public Hearing on the installation of a j top sign at the intersection of Andert Road and Key Energy I P I'vate Road located in Precinct 2. On motion by Commissioner Pfiters, seconded by Commissioner Cauley, the Court voted u nimously to hold a Public Hearing at 6:30 p.m. on Tuesday, i A it 19, 2005 at the Brazos Center. VOL ~A PAGE ;ioners Court meeting April 5, 2005 5 The Court next considered approval of the minutes of the CHmmissioners' Court meetings held in December 2004 and J' uary 2005 on the following dates: i Regular Meetings December - 7th, 14th, 15th, 21St, 28th Regular Meetings January - 4th, 11th, 18th, 25tH O motion by Commissioner Cauley, seconded by Commissioner i P ers, the Court voted unanimously to approve "a" through "e" i a "g" through "j" as submitted. There was no "f". The Court next considered the request from Verizon to c+rstruct a road bore and buried cable installation in the r hts-of-way of Arrington Road and Indian Lakes Drive at a m imum depth of 30 inches. The site is located in Precinct 1 The County Engineer stated that all appeared to be in o der and recommended approval. On motion by Commissioner I W Psermann, seconded by Commissioner Peters, the Court voted u nimously to approve the request from Verizon and authorized t installation. A copy of the request is attached hereto. The Court next considered acceptance of the Wellborn S cial Utility District cost estimate of $9,443.00 for r ocation of approximately 200(±) linear feet of water line t jaccommodate improvements on Koppe Bridge Road in Precinct On On motion by Commissioner Wassermann, seconded by C issioner Peters, the Court voted unanimously to accept the I W ,born Special Utility District cost estimate of $9,443.00 VOL 0 PAGE ~ nissioners Court meeting April 5, 2005 7 bit Lane. The property is in Precinct 2. On motion by C issioner Peters, seconded by Commissioner Cauley, the Ci rt voted unanimously to authorize the County staff and its a thorized agents and representatives to make offers of specific amounts for the purchase of either easement right-of- w y or fee simple interest in the tract. Should the owner i r fuse the offer, or if negotiations be futile, then the C my or its duly authorized representative is authorized and i Arected to institute and prosecute to conclusion proceedings i eminent domain against the owner of said property and all i i erested owners, lien holders and other holders or claimants on an interest in the said property. The next matter before the Court was the acknowledgment o) the Comparative Analysis on Pro Rata Tobacco Settlement D'~stribution for Brazos County. Commissioner Mallard talked a out putting more money back into the corpus this year i'stead of distributing all since we will receive more money than last year. The Court acknowledged receipt of the analysis. The Court acknowledged receipt of the Extension Service r ports for February and March 2005 and acknowledged receipt oM reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: VOA. O PAGE /Q issioners Court meeting April 5, 2005 8 County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Sheriff opy of the Officials' reports can be viewed in the County itor's office. Under announcement of interest items and possible future abenda topics the following spoke: Commissioner Mallard a) Said that he will be having lunch with Colonel Larsen today at 11:30 a.m. at the Brazos Center. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court rs. There being no further business to come before the Court, e meeting was adjourned. VOL~Y PAGE 11 T foregoing minutes of the Commissioners Court meeting held i A it 5, 2005 have been examined and are approved in open C rt this the (2+L day of IL(V 2005, in Bryan, B zos County, Texas. I CR dy S' As nt Judge ~ilJ Lloyd assermann Commissioner, Precinct 1 Dane Peters C issioner, Precinct 2 C rey Cauley, Jr. C issioner, Precinct 4 est: en McQueen my Clerk 1 Kenny Malla Commissioner, Precinct 3 w a PAGE _ I,_ BRAZO COUNTY COMMISSIONERS COURT MEETIN ON 2005-AT 9,6o Name Organization/Department s V Y 0~k4 u ~JT~L -IT VOL & PAGE_I.3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-22.1 thru 04/05-22.5 the 5`h day of April 2005 at a regular meeting of the Commissioners' Court, the following members present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The g proceedings were held: T WHEREAS, on 5 April 2005 the Court heard and approved a budget amendment for the udget year for Brazos County, Texas. REAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen ition hich could not be reasonably included in the original budget adopted 25 August 2004 the following endment(s) to the original are hereby authorized, as described on the attached page(s). A tPTED AND APPROVED this the 5'h day of April 2005. THE CO ISSIONERT COURT OF BRAZOS COUNTY, TEXAS. I By: nd ims, County Judge Original: County Clerk's Office and attached to the original budget i Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL P PAGE i S i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 -22.1 4isnnns FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 1100050 51100000 DR Sala - Elected Officials 1,352.00 0100 1100150 61130000 CR Contingency 1,352.00 Non - Dep mental -to increase the amount for the salary accruals for elected off I icials. Original a nt of $38,340 approved in Feb. did not include amount for Constable Pct. 6 - only active elected offs l- ls. This is what was re quired to make up for the accruals from 2004 and previously. Prepared By.: WS Approved By-/ )Date: VOL PAGE j~_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 -22.3 drv)nne FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 0000100 53800000 DR Workers Compensation 105.00 0100 0002000 53800000 DR Workers Compensation 10.00 0100 1000100 53800000 DR Workers Compensation 270.00 0100 2000100 53800000 DR Workers Compensation 175.00 0100 2500100 53800000 DR Workers Compensation 60.00 0100 3000100 53800000 DR Workers Compensation 720.00 0100 4000100 53800000 DR Workers Compensation 1,950.00 0100 000100 53800000 DR Workers Compensation 95.00 0100 6000100 1 53800000 DR Workers Com ensation 303.00 0100 500100 53800000 DR Workers Com ensation 100.00 0100 1 000100 53800000 DR Workers Compensation 7,140.00 0100 000100 53800000 DR Workers Compensation 2,165.00 0100 000100 53800000 DR Workers Compensation 1,680.00 0100 010000 53800000 DR Workers compensation 40.00 0100 000100 53800000 DR Workers Compensation 385.00 0100 010000 53800000, DR Workers Compensation 50.00 0100 02000 0 5380000 0 DR Workers Compensation 65.00 0100 00010 0 5380000 0 DR Workers Compensation 205.00 0100 000200 53800000 DR Workers Compensation 25.00 0100 000100 53800000 DR Workers Compensation 120.00 0100 100100 53800000 DR Workers Compensation 115.00 0100 00100 53800000 DR Workers Compensation 115.00 0100 500100 53800000 DR Workers Compensation 80.00 0100 4 4000100 ~Ouvvvvv 1 53800000 urc DR vvorKers uompensanon Workers Compensation 70.00 205.00 0100 4 4100100 1 53800000 DR Workers Compensation 205.00 0100 4 4101100 53800000 DR Workers Compensation 110.00 0100 01100 53800000 DR Workers Compensation 90.00 0100 01200 53800000 DR Workers Compensation 90.00 0100 01100 53800000 DR Workers Compensation 120.00 0100 01100 53800000 DR Workers Compensation 75.00 0100 00100 53800000 DR Workers Compensation 14,250.00 0100 2 02000 53800000 DR Workers Compensation 35,990.00 0100 3 01100 53800000 DR Workers Compensation 965.00 0100 3 01100 53800000 DR Workers Compensation 1,465.00 0100 3 01100 53800000 DR Workers Compensation 925.00 0100 3 01100 53800000 DR Workers Compensation 915.00 0100 3 00100 53800000 DR Workers Compensation 825.00 0100 3 00200 53800000 DR Workers Compensation 1,140.00 0100 3 , 00300 53800000 DR Workers Compensation 210.00 0100 3 10000 53800000 DR Workers Compensation 85.00 0100 3 0000 53800000 DR Workers Compensation 65.00 0100 3 0000 53800000 DR Workers Compensation 170.00 0100 3 0100 53800000 DR Workers Compensation 60.00 0100 3 0100 53800000 DR Workers Compensation 2,060.00 0100 3 0100 53800000 DR Workers Compensation 120.00 0100 5 1000 53800000 DR Workers Compensation 25,320.00 0100 11 1500 61130000 CR Contingency 101.503.00 Varl s Departments - To increase the budget for worker's compensation insurance premiums. Worker's Co nsation is on a calendar year basis and for 2005 it increase $120,000. This increase is due to the deci n by TAC to eliminate the Underwriting modifier and that the Count 's exp nce r the years that are i luded in the premium calculation are more that the previous ve Prepared lots Approved By: Date: 3/29/2005 Date. VOL PAU BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 -22.4 4/5/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 304011 59100000 CR DDEA 490.00 0100 304011 61500000 DR Printing 490.00 Constabl recint 4: Butler To realloc funds to allow for additional printing cost. App►-ov cd By: VOL /0$ PAGE-/q PERSONNEL CHANGE OF STATUS page 1 of COVOT DATE: April 5, 2005 DE RTMENT: Human Resources PU OSE: A .eme Personnel Change of Status DEP TMENT NAME EMPLOYEE NAME ACTION REQUESTED ATTORNEY MAGEE, WILLIAM TRANSFER WITHIN DEPT. CLERK CHAVARRIA, ANDRIA PROMOTION S OFFICE DEMPSEY, DARLA NEW HIRE AND BRIDGE WOODS, BOBBY J. RESIGNATION WALKER,, LARRY D. NEW HIRE ed in Commissioners' Court: April 5, 2005 Judge's or Commissioner's Signature: spy to be attached to minutes) VOL (0 PAGE 021 INTERLOCAL COOPERATION CONTRACT STATSIOF TEXAS COUNV OF 1. P This I edocal Cooperation Contract ("Contract') is made and entered into betwe the Texas Department of Public Safety ("TXDPS"), an agency of the State Texas, and the t of 13r- 'cis , a local p itical subdivision of-the Sta of Texas ("RECEIVING AGENCY"). Thep ose of this Contract is to set forth the terms and conditions under which the TX PS will provide the RECEIVING AGENCY funding to procure information service from the.statewide contracts awarded by the Department of Information Resou es (DIR), including case management software, infrastructure or other service (including installation, conversion, customization, training and mainte nce). The Electronic Court Reporting Grant awarded by the Federal Motor arrier Administration (FMCSA) provides funds to the TXDPS to pass throug to local municipal and justice of the peace courts requesting participation in this operative project. III. DEFINITIONS "Case anagement Software" refers to software that will allow the RECEIVING AGEN to report traffic convictions through electronic means. Terms of defined in this Contract or by relevant statutes shall be given their ordina meanings. IV. GdJERNING LAW This C tract is entered into pursuant to Texas Government Code Chapter 791 and is ubject, to the laws and jurisdiction of the State of Texas and shall be constr d and interpreted accordingly. FMCSA In1 03-10-2005 Contract VOL/cy PAGE as V. VIINUE The rties agree that this Contract is deemed performable in Travis County, Texa and that venue for any suit arising from the interpretation or enforcement of thi ontract shall lie in Travis County, Texas. VI. SgOPE OF CONTRACT The 9f CEIVING AGENCY agrees to: lize appropriated funds to procure case management software and per case management services, including infrastructure, installation, aversion, customization, training and maintenance;- ze statewide DIR contracts to purchase the information services cribed above or receive a waiver from TXDPS to purchase from other rces; itinue submitting or begin submitting traffic offense convictions to the )PS electronically via file transfer (FTP) by 30 days after installation of infrastructure detailed in Attachment A; inue submitting *or begin submitting required reports to the Office of t Administration (OCA) electronically by September 1, 2005 and nue thereafter; iiscontinue use of the OCA DOS case management software no later ian August 31, 2005; The T DPS agrees to reimburse the RECEIVING AGENCY for actual allowable expen tures made in accordance with the terms of this agreement not to exceed the a unts identified in Attachment A. RECEIVING AGENCY agrees and under ands that the determination of allowable expenditures under this agree ent will be made by TXDPS at its sole discretion according to the Uniform Grant anagement Standards and applicable requirements of the FMCSA. VII. CQ MPLIANCE WITH LAW The CEIVING AGENCY understands and agrees that it will comply with all local, 'ate and federal laws in the performance of this Contract, including releva administrative rules adopted by the TXDPS and • will assume FMCSA I Vrlocal Contract 2 03-10-200 VOL 63' PAGE 023 action, court amage, judgment or related cost is not attributed by the judgment of a :ompetent jurisdiction to the sole negligence of the TXDPS. It is the agreement of the parties that any litigation involving the parties to this Contra may not be compromised or settled without the express consent of the TXDP unless such litigation does not name the TXDPS as a- party. This s tion is subject to the statutory rights and duties of the Attorney General for the tate of Texas. X. COWRACT MODIFICATION J6 L- No mo ications, amendments or supplements to, or waivers of, any provision of this Co tract shall be valid unless made in writing and executed in the same manne s this Contract. XI. SERABILITY If any. ovision of this Contract is held to be illegal,. invalid or unenforceable under p' sent or future laws effective during the term hereof, such provision shall be fully' severable. This Contract shall be construed and enforced as if such illegal, ii i valid or unenforceable provision had never comprised a part hereof, and the re ining provisions shall remain in full force and effect and shall not be affecte by the illegal, invalid or unenforceable provision or by its severance therefro . XII. M44TIPLE COUNTERPARTS This ag ement may be executed in a number of identical counterparts, each of which s II be deemed an original for all purposes and all of which constitutes, collectiv ly, one agreement. But, in making proof of this agreement, it shall not be nece ary to produce or account for more than one such counterpart. XIII. EFrECTIVE DATE OF CONTRACT This Co "tract shall be in effect from February 1, 2005 and shall terminate on June 30, 2006. Either party, upon thirty days written notice to the other party, may terminate this Contract prior to that date. Notice may be given at the followin -address: TXDPS, Lisa Daughtry , Driver License Division, P.O. Box 4087, A tin, Texas 78773-0300. FMCSA Inter al Contract 4 03-10-2005 VOL 2 V PACE a Court Nam i ATTACHMENT A Allowable Expenses DLD-FMCSA Grant Allocation for Traffic Conviction Reporting Brazos County JP Pct 1, 2-1, 2-2, 3 & 4 Infrastruct eRequired Amount Awarded Case Mana P oftware or FTP software $11,000.00 Com uter/M $0 Internet Se llow FTP transmissions $0 Total Awarded $11,000.00 Interlocal Cooperation Attachment A VOL 69 PAGE a'7 ATTACHMENT B DLD-FMCSA Grant Allocation for Traffic Conviction Reporting Court Nam Brazos County JP Pct 1, 2-1, 2-2, 3 & 4 Tax ID Contract N amber: i Billing Peri : i Billing Date A. Case N or FTP Amount ReauestiUn Previous Amount Cumulative Total Requested B. Comput onitor C. Internet rvices to Allow Transmissions T T Totals: $ Reimbursem t payment may be sent to: Court Na Attn: Address: City: Zip Code: Signature of Date Printed Name T Mail Request to: Texas Dept. of Public Safety Attn: Lisa Daughtry Driver License Division PO Box 4087 Austin, TX 78773-0300 512424-5457 Interlocal Cooperation tract Attachment B VOL bg PAGE .2 requesting reimbursement VE Mt.- co~t'(K Siam i N COMMUNICATION To T Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Notice of Line Installation March 24, 2005 Form notice is hereby given that VERIZON COMMUNICATIONS will construct a co unication line within the right-of-way of a County Road in Brazos County, Texas as follows: i Ve on will place 316 feet of buried communications cable and 24 feet of 4 inch PVC conduit at the end of Arrington Road and th eginning of Indian Lakes Road. This cable will be placed 2 f at in the road right-of-way at a minimum depth of 30 inches. W "pull the cable under Arrington Road thru an existing Co uit and will bore Indian Lakes Road. The location and description of this line and associated appurtenances is more Ily shown by three (3) copies of drawings attached to this notice. The line will b onstructed and maintained on the County Road right-of-way in accor nce with governing laws. No ithstanding any other provision contained herein, it is expressly under od that the tender of this notice by the Verizon Southwest Incorporated does t constitute a waiver, surrender, abandonment or impairment of any proper rights, franchise, easement, license, authority, permission, privilege or right n granted by law or may be granted in the future and any provision or provisi ns so construed shall be null and void. Co9truction of this line will begin on or after March 29, 2005. IZ N COMMUNICATIONS J old or-Network Engineer 31 I Blvd. X7803 VOL (0$ PAGE 30 5416-3P002XQ 31 W.fo S. HWY wL~ t -.6~ 4. t 5+... se lr ;pN Pn~~``v??r1.2i OLD lp, `31 ' 3st+~~v~~. R O w .PP I _..uT _ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA R MENT Road and Bridge NUMBER 560010 DATE O COURT MEETING: April 5, 2005 i ITEM: nsider and take action on Wellborn Special Utility Distric $9,443.1' 443. to relocate approximately 200W Linear Feet of water lin modate 1. im s cost estin _(at Brazos is located ii Copy of Aeguisition No. 00003718 in the amount of $9,443.00 is attached SOURC OF FUNDS: N/A PRESE ATION: TIV SUBMITTED BY: Richard Vance, P.E. County gineer 0005-02 APPROVED BY: Commissioner Lloyd Wassermann Precinct 1 This Re ! est is Approved V / Denie d [I by Commissioners' Court Date: 4141 7s , County Judge VOLE PAGE X33 3/28/C BRAZOS VALLEY UTILITIES, INC. P.O. BOX 4088 BRYAN, TEXAS 77805 (979) 779.2609 FAX (979) 775.4276 Wellbo SUD P.O. S 250 Wellbo , Texas 77881 Attn.: ven Cast Id Proposal RE: Ko pe Bridge Road Item 1O 1D88rApVaa 1 12" SD 35 PVC Casing OC 2 8" Class 00 PVC 3 8 " MJ G to Valve &Box 4 " 8 Tie 5 8"451 dw/ML llnit LF LF EA EA EA Qty 100 120 1 2 4 1 2112" P C Bore & Enc. LF 60 2 . Tie 2" " W/ 1 1/2 Tubing and 2-1 /2 GV in Bore EA 1 Batts 1 2 112" 2 Tie 4" 1 1/2' l.tnit Pdc~ 20.00 10.00 750.00 712.00 322.00 BID 12.00 761.00 BID 12.00 760.00 BID TOTAL BID Brazos Iley Utllltles, Inc. WA ff eroty Road Bore & Enc. with g-21 1 /2 GV LF EA 45 1 VOL PAGE i35 Amour 2,000.00 1,200.00 750.00 1,424.00 1,288.00 6662.00 720.00 76'1.00 1,489.00 540.00 760.00 1,300.00 9,443.00 DEPA DATE ITEM: U SUBMI BRAZOS COUNTY 4~lq COMMISSIONERS' COURT ACTION FORM I MENT Road and Bridge NUMBER 560010 COURT MEETING: April 5, 2005 rmission to enter Joannie R. Cole's ro ert located off Pine Tree Road for se of cleaning the creek channel approximately 100 feet in each direction from i ht of way line for draina a Purposes and the health safety and welfare of the ublic. Site is located in Precinct 2. N/A BY: APPROVED BY: Commissioner E. Duane Peters Precinct 2 Rk.hard Vance, P.E. County 4gineer This Date: is Approved linr) Denied by Commissioners' Court dy ~irhs, County Judge COUNTY COMMISSIONERS COURT BRAZ OS ORDERNO.s25, COUNTY, TEXAS P DEE] VOL 1 COU1 OR B A UTH INFO] AMOI WAY, IN & A UTH4 AUTH( PROCE EASEM AFORE necessity simple on made a p; constructil maintenan BE THE COL Seel found and d AN ORDER OF BRAZOS COUNTY, TEXAS ,IC NECESSITY AND S DEC ECT NECESSITY LOCATE CONVENIENCE AT A LARING TH EVE, EXTEND W,IDENALIGN, EXISTS FOR THE PUBLIC CONSTRUCT, RECONSTRUCT, , OPERATE, 117 EXPAND CONCERNING 0.72 ACRES MAINTAIN AND LEE SURVEY LYING AND BEING SITUA RABBIT r PART , ABSTRACT NO. 31, BRAZOS IN THE OF THE CALLED 100 ACRE TRACT TE TED FROM PETE RIBARDO TO XAS, AND RE TRACT' DESCRIBED IN THE CIE 115, PAGE 442 OF HUGH THURMA►N AS CY, TEXAS; THAT THE STATHE FF OF B CIAL RE RECORDEpB F IN RAZOS ~ZOS COUNTY'S AUTHORIZED RAZOS COUNTY, E IRIZED AND DIRECTED TO OBAIEPRESENTgTIVES ARE H AND / V, AND / N APPRAISALS, SURVEYS EREBY ITS FOR THE PURCHASE pF EOT FICIAL E TITLE IATION IR FEE SIMPLE INTEREST OFFERS OF SPECIFIC REST IN AND TO THE TRACT(S) ~I[BIT «A" ATTACHED RIGHT-OF- ZIZED REPRESENTATIVE FOR TO CT(S~ DESCRIBED AND THAT THE UZED AND DIRECTED BRAZOS COUNTY DULY DINGS IN EMINENT TO FILE OR CAUSE TEXAS BE T, RIGHT-OF-WqY DOMAIN AND TO AC U IRE TO BE FILED S IN THE T COR FEE SIMPLE INTEREST FOR THEREBY 1ID BY DONATIONDEDI WHIC H SAID CANNOT BE ON, OR PURCHASE. ACQUIRED AS CEREAS, Brazos CountTex rid convenience exist nt ,the acs hereby determines and he propert quisition of an easem nt' r gh -of waa public for y described in Exhibit "A" attached hereto, incorporated hereof, for the public Y or fee purpose and use of and for the lcation, herein and alignment, reconstruction, expansion, improvement, ext, „and repair of Rabbit Lane thereon and located tension widening, operation, n Brazos County, Texas. T ORDERED BY THE COUNTY Ty OF BRAZOS, TEXAS: COMMISSIONERS COURT OF !n 1• That the findings ermined to be true and recitals in the preamble of this Order are hereby and correct and are hereby aecti 2 approved and adopted. hereby auth • That the County staff and its authorized a zed info and directed, premised on said gents and representatives are rmation, make offers of s right-of-wa specific amounts for the appraisals, survey, and title Y fee simple interest in the tract heretofore specified purchase of either easement, ~ as Exhibit "A," Sectio 3. That in the event the authorized offer i said property I !I stgnated for the easement, right-Of-Way or fee simple, y the owner of the or if negotiations VOL (O° PAGE 33 be futile, the County of Brazos, Texas, or its duty authorized representative is authorized and directed to institute and prosecute to conclusion proceedings in t domain against the owner of said property and against all interested owners, ders and other holders or claimants of an interest in the said property. Section 4. That Brazos County, Texas authorizes the law firm of Bruchez, Goss, Tho on, Meronoff and Hawthorne, P.C. to act together with and on behalf of Brazos Cou , Texas to acquire the subject property and if necessary institute and prosecute to conc Sion proceedings in eminent domain as authorized in Section 3. EFFECTIVE the 5~k day of , 2005. -2- VOL &e PAGE 37 DEED LINE = LINE OF RABBI EXISTING f ENCI 0 n; W N OW 0 0:3 a MRS. HUGH THURMAN 100 ACRE TRACT VOL. 115, PG. 442 EXISTING CENTER - LINE OF RABBIT LANE EXISTING FENCE 0.72 ACRE TAKING TRACT I /P" IRON ROO SET O SEONNIN OF LA E G2 .00 ?IT LANE (COUNTY ROAD) (24' WIDE GRAVEL ROAD) 112" IRON ROD SET COMMENCING POINT X LAND & CATTLE CO. LTD. 2583.53 ACRE TRACT VOL. 3961, PG. 189 ~O~yDO~O/ Q 1 CARRABBA D 2 AVID77S. ACRE TRACT 1 . VOL. 308, PG. 89 0.44 ACRE - AREA OF EXISTING RABBIT LANE (NOT PART OF ANY CURRENT DEED) " CREOSOTE POST 0.64 ACRE (GROSS) 0.62 ACRE (NET) REMAINDER TRACT O INDICATES 1/2* IRON ROD SET L IN, TABL£.• CURVE TABLE CURVE Cl LENG RADIUS DEL TA CHORD BEARING 135.6 ~ 515.00' 23'1723" N 84'0.351 "W 135.23' ' C2 351.9 445.00' 45'18'40' S 68'57'11"C-J42.82' RE DER TRACT CURIE TABLE." CURIE' • C3 LENG RADIUS DEL TA CHORD BEARING 209. .3 515.00' 23' 17 23" S 79-5749"E--207.90' NOTES: 1. BEARINGS BASED ON OBSERVATION WHILE OBS LONGITUDE: 96'26'25" WI THE DESCRIPTIONS CONT VOL. 1304, PG. 239. 2. THIS TRACT IS NOT W ACCORDING TO THE F.E.1 BRAZOS COUNTY, TEXAS NO. 481195, PANEL NO. EFFECTIVE DATE: JULY 2, 3. CREEKS AND OTHER 1 SHOWN HEREON ARE ^C• aUADANGLE SHEETS "BRY 'DUNN CREEK, TX" SURVEYED: APRIL. 2 l NORTH, AS OBTAINED BY SOLAR G AT LATITUDE: 3(r 46' 15", IS THE SAME BEARING SYSTEM AS THE PARTITION DEED RECORDED IN z EXISTING R.O.W. LINE BEARING DISTANCE L 1 S8823 30 'W 209.56' L2 N46' 17'51 'W 259.23 L3 N882330 E 281.06' 14 S43 59 54 "W 100.06' L5 N454737 W 319.04' L 6 N88 2330E 209.56' L 7 S43'59 54'W 267.04' REMAINDER TRACT LINE TABLE.' LINE BEARING DISTANCE L6 N45'4737 W J19.04' L7 N88 23 30 E 209.56' L8 S435954 "W 267.04' 4. THE 100 YEAR FLOODPLAIN FLOOD INSURANCE RATE MAP FOR RABBIT LANE RE-ALIGNMENT INCORPORATED AREAS, COMMUNITY CSC, MAP NO. 48041 00075C 92. MRS. HUGH TH U RMAN )GRAPHIC FEATURES ~E........ r 0.7.2 ACRE TAKING TRACT FROM U.S.u.S. Q' .G 1 S tC F WEST, TX." AND ~.•Q- Fp'~N ABNER LEE SURVEY, A-31 .....S.M. KLING BRAZOS COUNTY, TEXAS y : -po 2003 ate: o~ SCALE: 1 "=200' APRIL, 2005 sq~ Il~ % Li I PREPARED BY: IF uc rCc 2 a S ~ o (.t. Y1 I'll GD t i s,~ an-erS L D ("I' rl VOL 69 PAGE -4 cl