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Home My WebLink About2005-01-18-6:00PM-RegularBRAZOS COUNTY BRYAN, TEXAS G~ NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE C MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSIO ON 18 JANUARY 2005 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTE 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. InMocation and Pledge of Allegiance - Commissioner Cauley 2. C411 for citizen's input and/or concerns. take action on agenda items 3 -15: 3. BWRet Amendment 04/05-14.1 thru 04/05-14.4. 4. P44sonnel Change of Status. 5. Pi+ment of Claims. 6. B os Animal Shelter Termination Agreement, terminating the Intergovernmental A Bement between Brazos County and the cities of Bryan and College Station dated 22 O ober 1991 (previously tabled). 7. Agreement between the Brazos Animal Shelter, Brazos County and the cities of Bryan arR College Station (previously tabled). 8. S and Amendment to the Tax Abatement Agreement between Brazos County and S1 f aCorp, L.P. (formerly known as Stata Corporation). 9. R uest by Judge Steve Smith, 361St District Court, for approval of the following out-of st e travel: a. Travel to Salt Lake City, UT to attend the mid-year meeting of the Judicial Division of the American Bar Association on 10-13 February 2005. =l fo~ F-,iii / Commissioners Court Agenda 18 January 2005 Page 2 bl Travel to Santa Fe, NM to attend the State Bar of Texas Advanced Medical Malpractice course on 16-18 March 2005. 10. Refund Applications for the following: a Rhonda, Michael and Nannette Liska b ' Robert L. & Judith A. Davis C Edelweiss Gartens Venture (2) d Kenneth W. and Judith M. Callender e ! Marilyn Dickey rewal 11. of Brazos County's membership with the Texas Association of Counties for 005 and payment of annual dues. 12. P sentation and approval of the Commissioners Court minutes for the following dates: a 7 September 2004 Regular Meeting b 14 September 2004 Regular Session c 21 September 2004 Regular Meeting d l 1 24 September 2004 Public Hearing e 28 September 2004 Regular Meeting 13. uest by Purchasing for permission to advertise the following bids: a Bid 2005-018 Dump Trucks, 2 6-yard b Bid 2005-019 Track Loader - 953 c Bid 2005-020 Bulldozer - D6 d Bid 2005-021 Seal Coat Projects 14. uest from Wickson Creek Special Utility District to construct a road bore in the right- 0 of Harris Lane approximately 0.75 mile from FM 2038 for water line installation. S e is located in Precinct 2. 15. fromVerizon Communications to construct 1,848 feet of buried cable 7uest, allaons in the northwest right-of-way of Castenson Road. Site is located in Precinct 16. knowledgement of the 2004 Racial Profiling Statistical Report for the Precinct 3 AInstable's Office. 17. Announcement of interest items and possible future agenda topics. 18. g4ll for citizen input and/or concerns. 19. 14ency / Board / Committee reports by Court members. 20. Aldiourn The Brazos enter is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be ma two business days before the meeting. To make arrangements, call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING JANUARY 18, 2005 A regular meeting of the Commissioners' Court of Brazos C nty, Texas was held at the Brazos Center at 3232 Briarcrest D ve in Bryan, Brazos County, Texas, beginning at 6:00 p.m. o Tuesday, January 18, 2005 with the following members of the rt present: Randy Sims, County Judge, Presiding; Lloyd Wassermann Commissioner of Precinct 1, Absent Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Absent Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pj. dge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #04/05-14.1 t ough 14.4, that would reallocate funds for Human Resources, R k Management (2), and set up the budget for the Regional S id Waste Grant. On motion by Commissioner Peters, seconded b Commissioner Cauley, the Court voted unanimously to approve t budget amendment as submitted, a copy of which is a ached. L t, 5 PAGE )Ile C issioners Court meeting January 18, 2005 2 The Court proceeded to consider the change of status of e loyees as submitted on the attached Personnel Action R uests. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to a 'rove the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7002932 through 7003195 0 motion by Commissioner Peters, seconded by Commissioner C ley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was the Brazos Animal S lter Termination Agreement, terminating the I ergovernmental Agreement between Brazos County and the c ies of Bryan and College Station dated October 1991. On motion by the County Judge, seconded by Commissioner Peters, t Court voted unanimously to remove this item from the a nda until such time as the details are worked out. The Court next considered an Agreement between the Brazos A 'mal Shelter, Brazos County and the cities of Bryan and College Station. On motion by the County Judge, seconded by C issioner Peters, the Court voted unanimously to remove L b' PAGE J' q C issioners Court meeting January 18, 2005 3 t s item from the agenda until such time as the details are ked out. The Court next considered the second amendment to the Tax tement Agreement between Brazos County and StataCorp, L.P. ( rmerly known as Stata Corporation). Bob Malaise of the R earch Valley Partnership explained that the amendment to e end the deadline for Phase II to June will mean more square foot and people. On motion by the County Judge, seconded by C issioner Cauley, the Court voted unanimously to approve t second amendment to the Tax Abatement Agreement. A copy A lattached. The next matter for consideration by the Court was a r west submitted by the 361St District Judge, Steve Smith s king approval for out of state travel for himself to travel t following locations: a) Salt Lake City, Utah to attend the mid-year meeting of the Judicial Division of the American Bar Association on February 1- through 13, 2005 b) Santa Fe, New Mexico to attend the State Bar of Texas Advanced Medial Malpractice course March 16 through 18, 2005. 0 motion by Commissioner Peters, seconded by Commissioner C ley, the Court voted unanimously to grant the request from t District Judge and approved payment of out of state travel e#enses for Judge Smith. L 1 5 PAGE /79 issioners Court meeting January 18, 2005 4 The next matter for consideration was approval of tax and applications from the following individuals and/or anies: a) Rhonda, Michael and Nannette Liska, payment in error $87.76 b) Robert L. & Judith A. Davis, Over Payment $221.13 c) Edelweiss Gartens Venture (2), Over Payment $1,510.49 & $1,083.95 d) Kenneth W. and Judith M. Callender, Over Payment $8.61 e) Marilyn Dickey, Over Payment $34.62 0 motion by Commissioner Peters, seconded by Commissioner C ley, the Court voted unanimously to approve the tax refund Ablications. The Court next considered renewal of Brazos County's ership with the Texas Association of Counties for FY 2005 a payment of annual dues. On motion by Commissioner Cauley, s onded by Commissioner Peters, the Court voted unanimously t renew the membership and make payment in the amount of $ 440.00. The Court next considered approval of the minutes of the C issioners' Court meetings held in September 2004 on the f~~lowing dates: Regular Meetings September - 7th 14tH , 21St , & 28th Public Hearing September - 24th On motion by Commissioner Peters, seconded by C issioner Cauley, the Court voted unanimously to approve L (g.5 PAGE ) -7 61 C issioners Court meeting January 18, 2005 5 t minutes as submitted. The next matter for consideration was approval for the Purchasing Agent to advertise the following bids: a) Bid 2005-018, Dump Trucks, 2 6-yard b) Bid 2005-019, TrackLoader - 953 c) Bid 2005-020, Bulldozer - D6 d) bid 2005-021, Seal Coat Projects 0 motion by Commissioner Cauley, seconded by Commissioner P ers, the Court voted unanimously to authorize the P chasing Agent to advertise for the previously noted bids. The Court next considered the request from Wickson Creek S cial Utility District to construct a road bore for w erline installation in the right-of-way of Harris Lane a roximately 0.75 mile from FM 2038. The site is located in P cinct 2. The County Engineer stated that all appeared to be i order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted u 'nimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of tliE~ request is attached hereto. The Court next considered the request from Verizon to c struct 1,848 feet of buried cable installations in the r ht-of-way of Castenson Road. The site is located in L b6 PAGE 120 Cc a issioners Court meeting January 18, 2005 6 P cinct 2. The County Engineer stated that all appeared to b in order and recommended approval. On motion by C issioner Peters, seconded by Commissioner Cauley, the C curt voted unanimously to approve the request from Verizon arid authorized the installation. A copy of the request is attached hereto. The Court acknowledged receipt of the 2004 Racial P filing Statistical Report for the Precinct 3 Constable's o ice. There were no announcements of interest items and p Bible future agenda topics. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court m pers. There being no further business to come before the Court, tlie meeting was adjourned. L ~ S PAGE 121 OS COUNTY COMMISSIONERS COURT Jar s c.Gr 9200 0e* Name Organization / Department G lJ/I G- ~ ~V I OL L 3 s K-~~ PAGE VnL FAGS 183 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-14.1 thru 04/05-14.4 following ~ The the ! this the 18th day of January 2005 at a regular meeting of the Commissioners' Court, the were 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 ng proceedings were held: AT WHEREAS, on 18 January 2005 the Court heard and approved a budget amendment for 105 budget year for Brazos County, Texas. ,S, an expenditure is necessary due to the necessity to meet unusual and unforeseen 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 OPTED AND APPROVED this the 18th day of January 2005. THE C011WISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 6-G PAGE 19 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05-14.1 1 /1 An.nnc FD DIV ACCT PROJ DR/CR v ACCOUNT NAME Increase Decrease 0100 0100 15000100 15000100 67342000 65450000 CR DR Furniture Office Equipment 183.00 183.00 - R - Human Re urces To reallocate funds to allow for the payment of a phone ordered last year but not received unt this year. vo"L 65 PAGE-_~55 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05-14.2 1/18/2005 FD DIV ACCT 0100 1250010 59100000 0100 12500104 1 1 65450000 PROJ DR/CR ACCOUNT NAME CR DDEA DR Office Eauinment Risk Man ement To realloc funds to allow for the of a hard drive in the office scanner Increase Decrease 700.00 700.00 pylp t BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05-14.3 1/18/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 12500100 61680000 CR Training 500.00 0100 12500100 67211000 DR Software 500.00 Risk Mana ment To reallocat e funds to allow for the purchase of HR Manager Procedures Series software. n'v ec1 13 itC 4~. ifj Appru~ By. 1 13 /2 0 015 Date: BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05-14.4 1 /I R/2065 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 285100 46061900 CR Regional Solid Waste Grant 15,630.00 3000 285100 60080000 DR Clothing & Uniforms 3,450.00 3000 285100 60350000 DR Food & Food Supplements 625.00 3000 285100 60600000 DR Office Supplies 225.00 3000 285100 61010000 DR Advertising 5,000.00 3000 285100 61500000 DR Printing 500.00 3000 285100 65700000 DR Road Signs 1,000.00 3000 285100 65750000 DR Small Tools 950.00 3000 285100 71500000 DR Rental Equipment 700.00 3000 285100 71701000 DR Solid Waste Hauling 3,180.00 Regional So Waste Grant To setup the dget for the Regional Solid Waste Grant. The grant funds will be use d to cleanup illeg i Aumpsite in the Brazos River watershed. ed I33 fj -1/13/2005 'Apliroved13y. llate: PERSONNEL CHANGE OF STATUS Lu T DATE: DE RTMENT: TION SIFUENTEZ, ANNA CHNOLO(w ~l "3E: A ;Ron, ■ ■ , ■ P rove Personnel Chan DEP TMENTNAME ■ EMPLOYEE NAME RE U............ ACTION ■ Q ESTED TAX Oli-wr CRUTCHFIELD, APRIL COUNTY SHERIFF'S Approved in County Judge's (This copy to be TTORNEy FLORES, PRISCILLA CHAVEZ, VICTORIA S WEARINGEN, WINDY January 18, 2005 Personnel REED, LA QUITA GREER, MARY L. CE/JAIL DURAN, DIANA G. WYATT, LARANCE E. ABANDONMENT OF POSITION RESIGNATION RESIGNATION PROMOTION CHANGE IN PAYRATE DISTB. PROMOTION PROMOTION NEW HIRE PROMOTION mssioners' Court: Januarv05 Commissioner's Signature: :ached to minutes) VOL 65 PAGE 1~9 f F SEC D AMENDMENT TO BRAZOS COUNTY, THE TAX ABATEMENT AGREEMENT BETWEEN AN STATACORP, L.P. (FORMERLY AS KNOWN AS STATA CORPORATION) T s Second Amendment to the Tax Abatement Agreement is made by and between Brazos C nty, Texas, a political subdivision of the State of Texas (hereinafter referred t "COUNT V"), and StataCorp, L.P., a Texas limited partnershi o as "OWNS ' p (hereinafter referred to as RECITALS 1. The COUNTY and OWNER entered into that certain Tax Abatement Agreement covering Lot 2, Block 4, the Business Center at College Station, Phase II, consisting of approximately eight (8) acres of property on March 29, 1999. 2. The COUNTY and OWNER entered into that certain First Amendment to the Tax Abatement Agreement between the COUNTY and STATA CORPORATION dated December 12, 2000. 3. Paragraph 12d of the Tax Abatement Agreement incorporated by reference the terms and conditions of that certain Economic Development Agreement by and between the City of College Station, Texas, The Bryan/College Station Economic Development Corporation (now known as the Research Valley Partnership, Inc.) and StataCorp, L.P. (formerly known as State Corporation) dated March 29, 1999 (herein the "Economic Development Agreement"). 4. Under Paragraph 1.13 of the Economic Development Agreement, OWNER agreed to construct Phase II for a total square footage of 20,000 sq. ft. at a minimum total cost of $2,000,000.00. OWNER agreed that Phase II may be constructed initially in 10,000 sq. ft. segments and in single or multiple buildings. 5. Under Paragraph 1. 15.2 of the Economic Development Agreement, if the Phase I building exceeds 15,000 sq. ft. then OWNER shall have until December 31, 2004, to complete the first segment of Phase II, and until December 31, 2005, to complete the balance of OWNER's obligation pursuant Phase II to the completion of . 6• Due to the design of the Phase II building as one building instead of in two segments, OWNER is unable to complete and occupy the first 10,000 square feet f the Phase II building on or before December 31, 2004 as provided for in the conomic Development Agreement. STATE (W TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on LOZ QakA- a. , 200 by Willidin Gould as President of StataCorp G.P., LLC, a Texas limited liability corporation, General rtner of StataCorp L.P., a Texas limited partnership, on behalf of said limited under my hand and seal on this f _ day of L2.4, . k~~ , EVA MARIE LANCASTER MY COMMISSION EXPIRES March 8, 2007 STATE COUNT OF BRAZOS ) Ts-instrument was acknowledged before me on ~G n t.eAry , 2005" by Randy Si s as County Judge of Brazos County, Texas. under my hand and seal on this 1i~- day of Tanurarv , 200-57 WING I AA A ^%w DEBBIE LOCKLEDGE Notary Public in and for the State of T as NOTARY MC STATE OFTWS COMMISSION EXPIRES: JULY 8, 2007 amended contract -Fina[.doc /2/0//04 3 (0 ~ 19 0~ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEP PENT Road and Bridge NUMBER 560010 DATE OTICOURT MEETING: January 18, 2005 ITEM: R uest from Wickson Creek Special Utility District to construct a ro in the ri of way of Harris Lane approximately 0.75 mile from FM 2038 for installatidill. Site is located in Precinct 2. in the SOURCR IOF FUNDS: N/A No work will be permitted between front slope and/or back slope. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of- way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NgEES/EXCEPTIONS: REQUESTED OR ALTERNATI SUBMITTILD BY: Richard Vance, P.E. County gineer CCO-004 APP VE Commissioner E. vane Peters Precinct 2 This Re est is Approved ❑ / Denied ❑ by Commissioners' Court Date: I1Iscl~ -7 e~ dy SjMs, County Judge REQUE FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY T1 1 COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice hereby given that (applicant) Wickson Creek SUD proposes to ce a (type) Waterline within across x the right-of-way of (road) Harr Ln. in Brazos County Texas as follows: , The locati or description of the proposed installation is more fully shown by 3 copies of t drawings attached to this notice. I understa and agree that: 1. The ounty Engineer must be notified 72 hours prior to the beginning of c struction in order that he, or his designated inspector, may insp t the actual installation. 2. All age to the roadways and rights-of-way will be repaired to their origi I condition to the satisfaction of the County Engineer. 3. Bra 2 0 ' S County reserves the right to require Applicant to relocate or low ' any such line at no cost to Brazos County, should same bec a necessary due to widening or lowering, or other alteration of the r o adway or right-of-way. 4. Bra County will in no way be responsible for any damage which mig occur to any existing utility lines in the right-of-way. 5. The i e will be constructed and maintained on the County right-of-way in acc " ance with the Utility Accommodation Policy which was adopted by the Tex Department of Transportation on May 29, 1989. 6. The I e or lines will be constructed no less (han twenty-four inches (24") lowe han the lowest part of the drainage or bar ditch and the drainage is to be c sidered at least two feet (2') below the center of the roadway. 7. All si s will be barricaded during the construction period. Constructio of this line will begin on or after thel9thday of January , 20 05. Firm: Wick on Creek SUD By: r Title: General Manager Address: P• o- Box 4756 Bryan, Texas 77805 Rhodes Phone: 979-589-3030 APPROVE L11Y COMMISSIONERS' COURT O Date 7/a s Pict a- Randy Sim ounty Judge ~Rr f A-~talGt V OL ~5 FAG£ 9 Oll 1Y pb "''''CCCCCCYYYYYY 0~ \ o~ 06. sa Ao d\ Q -45 cl) q5 cc~~ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA R ENT Road and Bridge NUMBER 560010 4r)5 DATE O COURT MEETING: January 18, 2005 ITEM: R uest from Verizon Communications to construct 1,848 feet of buried cable installati s in the northwest right of way of Castenson Road. Site is located in Precinct 2. SOURCH PF FUNDS: N/A work will be permitted between front slope and/or back slope. nstallation(s) shall be constructed in designated utility easements, if applicable. If no utility ~nt exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or U14)tch ENTS: he case of a road bore, perpendicular to the right-of-way line. earing of brush, trees and other obstruction is necessary, it shall be the Applicant's sibility to do so and to remove all cleared brush, trees etc. from county right-of-way. line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be cted by an independent geotechnical testing firm; copies of all test results shall be furnished to ce of the Brazos County Engineer. nstruction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control s for Streets and Hi hwa s, published by the Texas Department of Transportation, and all other nd Federal laws governing utility construction. TIVES: SUBMIIII13RD BY: Richard F Vance, P.E. County E ineer 0005-00 APP VED BY: K , Commissioner E. Duane Peters Precinct 2 This Requt is Approved ❑ / Denied ❑ by Commissioners' Court Date: 171 z? s, County Judge iq(a (1 FA9"-- n Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 4, 2005 Rich d Vance Braz County Engineering Office Cou Engineer 2617' Hwy. 21 Brya TX 77803 Dear Vance: Subi t: AGRMNTS 24 BURIED CABLE are From ED-135 and a work location sketch showing the location of our buried cable line on county roads in Brazos County at Kurten, Texas. This ork is to be completed on Work Order 5435-3P001GQ which is scheduled for Janu 2005. If you have any questions concerning this work, please contact Richard Wall at our office in Bryan, telephone 979-821-4752 within 15 days so that we may expl i of modify our proposal, otherwise, it is understood that this proposal is appr ed. Sinc ely, ~11~-~ , AtAd l C '0 4., /oo a s'. 11jrArnold Sup isor - Network Engineer JA: nt ~q 7 ` OL (~5 VE N COMMUNICATION To Th Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Notice of Installation January 6, 2005 Form notice is hereby given that VERIZON COMMUNICATIONS will construct a co unication line within the right-of-way of a County Roads in Brazos Coun Texas as follows: Be nning at a point approximately 3800 feet northwest of the jun' ion of Castenson Road and Broach Road, 1848 feet of bu cable will be placed northwest at 5' within the northeast ri g -of--way of Castenson Road. The proposed cable will be bu to a minimum depth of 30". Th location and description of this line and associated appurtenances is more Ily shown by two (2) copies of drawings attached to this notice. The line will b constructed 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 ood that the tender of this notice by the Verizon Southwest Incorporated does t constitute a waiver, surrender, abandonment or impairment of any prope rights, franchise, easement, license, authority, permission, privilege or right n granted by law or may be granted in the future and any provision or provis ns so construed shall be null and void. of this line will begin on or after January, 2005. COMMUNICATIONS Supe or-Network Engineer 301 In strial Blvd. Bryan, X 77803 lqg 5435-3P001 GQ 0 I~ ✓ I ! w a ~ 'J PAGE