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HomeMy WebLinkAbout2005-06-14-9:00AM-RegularBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE C MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSIO ON 14 JUNE 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF TH BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, ERAS. 1. Incation and Pledge of Allegiance - Judge Sims 2. Cpl for citizen's input and/or concerns. isidIget nd take action on agenda items 3 - 21: 3. Amendment 04/05-31.1 thru 04/05-31.5. 4. Ruest by the County Treasurer to change a part-time position in that office to a full- ti position. 5. R41assification of a position in the County Clerk's office from Clerk III, Group 12, Step 3 14on-salaried) to Election Coordinator, Group 20, Step 3. 6. Peonnel Change of Status. 7. Payment of Claims. 8. Srice Contract with Fujitsu Computer Projects of America for maintenance coverage of t e high-speed scanners. 9. R uest by the Brazos Center for approval of a payment authorization to Premier Audio Vi al in the amount of $430.00 for a commercial amplifier. Office o e County Judge • 300 East 26~h St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 VOL PAGE Commissioners Court Agenda 14 June 2005 Page 2 10. R uest for approval of out-of-state travel for Stephanie Johnson, County Extension nt, to travel to Seattle, Washington to attend the National Association of Extension 4- gents conference on 30 October - 4 November 2005. 11. R~fluest by Archie Clark, Precinct 1 Constable, for $2,400.00 designated for gasoline. 12. T " Refund Applications for the following: a. KJMC, Inc. dba Southern Comfort Homes d. James A. & Melissa G. Musser b. Citicapital Commercial Leasing Corp. e. Kenneth & Nanette Pastusek c. Michael Martinez f. William & Marilyn Schuster 13. T " sfer of 15 hand held radios and other interoperability equipment, purchased with a D artment of Justice grant, from the Emergency Management Department to the V unteer Fire Departments. 14. D laration of surplus property as "salvage" that was advertised for sale in accordance Local Government Code §263.152 and received no bids, and authorization for either d ruction or other disposal. 15. R uest from Patterson Petroleum LP to construct a road bore for a natural gas gathering p# line line in the right-of-way of Opersteny Road approximately 50 feet from its in rsection with Fickey Road. Site is located in Precinct 2. 16. P ission to enter Michael Jacox's property located off North Dowling Road for the p ose of cleaning out a roadway ditch for the health, safety and welfare of the general p lic. Site is located in Precinct 1. 17. P ission to enter Juan Pinalez's property located off North Dowling Road for the p ose of cleaning out a roadway ditch for the health, safety and welfare of the general p lic. Site is located in Precinct 1. 18. P ission to enter James Hall's property located off North Dowling Road for the p ose of cleaning out a roadway ditch for the health, safety and welfare of the general p lic. Site is located in Precinct 1. 19. P ission to enter Tracy Peters' property located off Elmo Weedon Road for the p ose of cleaning out an existing drainage channel for the health, safety and welfare of th general public. Site is located in Precinct 2. 20. R le uest by Building Maintenance for permission to acquire professional services to in ect the First Baptist Church facility located on 200 S. Texas Avenue, Bryan, Texas 7 1 by an architect and an environmental consultant, per the 120-day inspection clause in Ernest Contract. 21. Or No. 2005-002 Restricting Use of Fireworks in unincorporated areas of Brazos Cty, Texas. yOLAPA&E l ! 1 Commissioners Court Agenda 14 June 2005 Page 3 22. A 23. C 24. A 25. A The Brazos interpretive ouncement of interest items and possible future agenda topics. 1 for citizen input and/or concerns. ncy / Board / Committee reports by Court members. ourn Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL 19 ?PA:U-E- ~ 7 COMMISSIONERS' COURT REGULAR MEETING JUNE 14, 2005 A regular meeting of the Commissioners' Court of Brazos ty, Texas was held in the Brazos County Commissioners Cqi' rtroom in the Courthouse in Bryan, Brazos County, Texas, blitinning at 9:00 a.m. on Tuesday, June 14, 2005 with the lowing members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, 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 officials that were in attendance. The County Judge asked the Reverend Jones to give the i ocation and then the County Judge lead the pledge of aA.}egiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #04/05-31.1 tl4ough 31.5 that would reallocate funds for the Sheriff's 0 ice, District Clerk, Juvenile Services TJPC Progressive S :ctions Level 1-2-3, Emergency Management, and Brazos Cddter. On motion by Commissioner Peters, seconded by ssioner Cauley, the Court voted unanimously to approve 6 7_ Page / q-3 C missioners Court meeting June 14, 2005 2 t budget amendment as submitted, a copy of which is a ached. The Court next considered a request by the County T asurer to change a part time position in that office to a f 1 time position. Funds are available in the departmental b get for change. On motion by the County Judge, seconded by C issioner Wassermann, the Court voted unanimously to aA4rove the request. The next matter before the Court was the reclassification o a position in the County Clerk's office. On motion by the C my Judge, seconded by Commissioner Cauley, the Court voted u nimously to remove this from the agenda. The Court proceeded to consider the change of status of er#loyees as submitted on the attached Personnel Action Mluests. On motion by Commissioner Peters, seconded by C~missioner Wassermann, the Court voted unanimously to adorove the changes as submitted. The Court next considered the following Claims as su#mitted by the County Treasurer for payment: 7007769 through 7008030 0 motion by Commissioner Peters, seconded by Commissioner C 'ley, the Court voted unanimously to approve the Claims as submitted. 1 to 9 Page lq'~ C issioners Court meeting June 14, 2005 3 The next matter for consideration was approval of a service contract with Fujitsu Computer Products of America for c' erage of three high-speed scanners. Cost of the Agreement i $4,785.00 and the term is from May 23, 2005 through May 22, 2 6. On motion by Commissioner Cauley, seconded by C issioner Peters the Court voted unanimously to approve the A eement. A copy is attached. The next matter for consideration was approval of a p ment authorization to Premier Audio Visual in the amount of $ 0.00. On motion by Commissioner Peters, seconded by C issioner Wassermann, the Court voted unanimously to a rove the payment authorization. The next matter for consideration by the Court was a r nest submitted by the Texas Cooperative Extension Service s eking approval for out of state travel for Extension Agent S phanie R. Johnson. Ms. Johnson would be traveling to S ttle, Washington to attend the National Association of E ension 4-H Agents Conference on October 30 through November 4, 2005. On motion by Commissioner Cauley, seconded by C issioner Peters, the Court voted unanimously to grant the r uest from the Extension Service and approved payment of out o 'state travel expense for Ms. Stephanie R. Johnson. The Court next considered a request from Constable, ~D I Page ~ 95 Cc' missioners Court meeting June 14, 2005 4 P' cinct 1, Archie Clark for and additional $2,400.00 for gasoline. This is necessitated due to the high cost of 9W1ine. On motion by Commissioner Peters, seconded by the ty Judge, the Court voted unanimously to approve the est and to transfer the funds from contingency. J,j The next matter for consideration was approval of tax r and applications from the following individuals and/or cq panies: a. KJMC, Inc. dba Southern Comfort Homes, Over Payment $10.00 b. Citicapital Commercial Leasing Corp., Over Payment $1,367.82 c. Michael Martinez, Over Payment $637.11 d. James A. & Melissa G. Musser, Over Payment $637.11 e. Kenneth & Nanette Pastusek, Over Payment $637.11 f. William & Marilyn Schuster, Over Payment $637.11 motion by Commissioner Peters, seconded by Commissioner lard, the Court voted unanimously to approve the tax refund aftlications. The next matter before the Court was the transfer of 15 dheld radios and a Dell Laptop Computer, purchased with a rtment of Justice grant, from the Emergency Management rtment to the Volunteer Fire Departments. On motion by C~ missioner Peters, seconded by Commissioner Wassermann, the Cc rt voted unanimously to approve the transfer. The Court next considered the declaration of surplus Page l qi~ C issioners Court meeting June 14, 2005 5 p ',perty as salvage. This property was advertised for sale in a 'ordance with Local Government Code §263.152 and received no b' s. The Purchasing Department also requests authorization feither destruction or other disposal. On motion by Cissioner Peters, seconded by Commissioner Cauley, the C rt voted unanimously to declare the property as salvage and a' horized the Purchasing Department to either destroy it or d' pose of it. A copy of the list of property is attached. The Court next considered the request from Patterson P roleum LP to construct a road bore for a natural gas g _hering pipeline in the right-of-way of Opersteny Road a roximately 50 feet from its intersection with Fickey Road. Included with the request is a company check in the amount of $H0.00. The site is located in Precinct 2. The County E ineer stated that all appeared to be in order and r ommended approval. On motion by Commissioner Peters, s 'onded by Commissioner Cauley, the Court voted unanimously t approve the request from Patterson Petroleum LP and a horized the installation. A copy of the request is attached hereto. The Court next considered authorizing work outside of c my rights-of-way for the health, safety and welfare of the g eral public. The Road and Bridge Department requested 1~ Page lq7 C missioners Court meeting June 14, 2005 6 p' mission to enter the private property of Michael Jacox on North Dowling Road in Precinct 1 to clear out a roadway ditch. 0' motion by Commissioner Wassermann, seconded by Commissioner C ley, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the g eral public. The Road and Bridge Department requested p" mission to enter the private property of Juan Pinalez on North Dowling Road in Precinct 1 to clear out a roadway ditch. 0 motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of c my rights-of-way for the health, safety and welfare of the g eral public. The Road and Bridge Department requested p mission to enter the private property of James Hall on N' th Dowling Road in Precinct 1 to clear out a roadway ditch. O motion by Commissioner Wassermann, seconded by Commissioner P' ers, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of c my rights-of-way for the health, safety and welfare of the g eral public. The Road and Bridge Department requested p mission to enter the private property of Tracy Peters on E o Weedon Road in Precinct 2 to clean out an existing I ~ Page _ / T 6V C missioners Court meeting June 14, 2005 7 dinage channel. The County Judge moved for approval. Commissioner Mallard seconded the motion. Commissioners W sermann, Mallard, Cauley and the County Judge voted "Aye". C issioner Peters abstained because he is related to Mr. e ers. The next matter before the Court was a request by B ilding Maintenance asking the court for permission to a wire professional services to inspect the First Baptist C' rch building. The director of the Building Maintenance D artment would like to have an architect and an eironmental consultant per the 120-day inspection clause in tlm~ Earnest Contract. On motion by Commissioner Peters, s" onded by Commissioner Wassermann, the Court voted u' nimously to approve the request. The Court next considered adopting Order No. 2005-002 R* tricting Use of Fireworks in unincorporated areas of Brazos C nty. On motion by the County Judge, seconded by C issioner Cauley, the Court voted unanimously to adopt O er No. 2005-002. A copy is attached. The County Judge next considered an Addendum to the a' nda. On motion by the County Judge, seconded by C issioner Peters, the Court voted unanimously to appoint S rry Killingsworth as the new director of the Brazos Center. 1 6-7 Page !I? 9 T'' foregoing minutes of the Commissioners Court meeting held J' e 14, 2005 have been examined and are approved in open C rt this the v'`2/ day of X~L~ 2005, in Bryan, 4111 B zos County, Texas. R dy Si C my udge TDne Peters C issioner, Precinct 2 ey C- ley, Jr. miss'oner, Prec'n t 4 Attest: _ /`'Cc KC en McQueen C my Clerk Lloyd Wassermann Commissioner, Precinct 1 Kenny Mall r Commissions , Preci.n 3 1 ~ Page ,;D/ BRAZO MEETIN COUNTY COMMISSIONERS COURT ON 2M;-AT .'d e AAl Name Organization/Department , l< AI/ Ah rl V 1 a VOL jPAGE C BRAZ MEETI r COUNTY COMMISSIONERS COURT ON 20W AT Name Organization/Department Q ~J C lot-ill dwt) rf f N l 0~ 2~~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-31.1 thru 04/05-31.5 members E. G, The fol 2005 this the 14`h day of June 2005 at a regular meeting of the Commissioners' Court, the following e present: y Sims, County Judge, Presiding j Wassermann, Commissioner, Precinct 1 aane Peters, Commissioner, Precinct 2 envy Mallard, Commissioner, Precinct 3 y Cauley, Jr., Commissioner, Precinct 4 n McQueen, County Clerk proceedings were held: T WHEREAS, on 14 June 2005 the Court heard and approved a budget amendment for the 2004- year for Brazos County, Texas; and REAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 25 August 2004 the following; u endment(s) to the original are hereby authorized, as described on the attached page(s). A PTED AND APPROVED this the 14`h day of June 2005. THE COWISSIONERS' 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 I4/ PAGE ~0~ FD DIV ACCT 0100 28000100 67281000 0100 28000100 67286000 0100 28000100 0100 28000100 0100 28000100 BRAZOS COUNTY, TEXAS 0100 28000100 r5950000 BUDGET AMENDMENTS No. 04/05 - 31.1 6/14/2005 7 PROJ DR/CR ACCOUNT NAME CR Equipment - Electronic CR Equipment - Other CR Equipment - Radios CR Furniture CR Rental -Radio Tower DR Vehicle Maintenance Sheriff - Ad inistration To reallocate nds for the expected increase in vehicle maintenance VOL~PAGE_o20S Increase Decrease 186.00 802.00 166.00 500.00 1,000.00 2,654.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 31.2 6/14/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 20000100 0600000 CR Office Supplies 1,400.00 0_1001 200001001 1500000 DR Rental-Equipment 1.400.00 District Clem Administration I To reallocate Kinds to cover copier overage charges on lease if eauinment. VOL b7PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 31.3 6/14/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 318400 51620000 31840500 CR Hourly-Overtime 3,700.00 3000 318400 53100000 31840500 CR Social Security 100.00 3000 318400 53200000 31840500 CR Retirement 200.00 3000 318400 1 60350000 31840500 DR Food and Food Supplements 245.00 3000 318400 71520000 31840500 DR Rental-Vehicles 420.00 3000 318400 72157000 31840500 DR Counseling Services 3,335.00 Juvenile Se , , ices: TJPC-Progressive Sanctions Level 1-2-3 To reallocat funds to pay for an additional session ~'~d B~ , rt tfj .s 7 t ~ r 6/9/2005 l)l)rOr'ed.'B~ Rta i ~T pk a s a 1~( } VOL to / PRE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 31.4 6/14/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 35500100 60350000 DR Food and Food Supplements 400.00 0100 35500100 ;'61680000 DR Training 300.00 0100 35500100 ; 59100000 CR DDEA 700.00 Emergenc y anagemen t - To move funds for the Catastrophic Hurricane training and exercise. 700.00 r kdc ,A > >t O► cci 13i' L~EAGE o2f~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 31.5 6/14/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 80281000 DR Equipment - Electronic 430.00 0100 36500100 65050000 CR Building Maintenance 430.00 Brazos Ce Dr - To transfer funds for the cos t of the Commercial Amplifier for t he sound system. 430.00 430.00 VOL16 PAGE v2D ...yam ~ u, o •cu~y3 B FUJITSQ ICOMPUTER PRODUCTS OF AMERICA, INC. 2904 Orchard I , San Jose, CA 95134 FCPA SERVICE CONTRACT AUOTATION Date of QuNte: 05/23/05 FUjI'mu TIE PIS:IIILITIEs 11E IIEIIITE Quotation 0022896 2l-to Ca act Location Contact Site# 11371 4 Site# 113784 ANITA LEE ANITA LEE BRAZOS COU Y BRAZOS COUNTY 202 E 27th' t 202 E 27th St Suite 102- Dept Suite 102-IT Dept Bryan, TX 803 Bryan TX 77803 Phn: 979-3 -4520, FAX: 979-361-4408 , Phn: 979-361-4520, FAX: 979-361-4408 Please refer to attached listing for summary of items included in.this quotation To obtain m intenance: Review serv ce quotation and choose payment/-up.e below: Pay nt Type (circle one): Check PO)/ VISA / Mastercard /AMEX Ent r Check, Credit Card or PO Num r here: ~QQQ 737D Ent "r Credit Card Expiration Date here: Is your bus ess tax exempt? (MUST check one) YES NO APPLICABLE X WILL BE ADDED TO THE TOTAL COST UNLESS COPY OF TAX-EXEMPT CERTIFICATE S ATTACHED TO THE SIGNED QUOTATION. Payment Ter Net 30 Days Invoices MU be paid within terms to avoid disruption in service. Make purcha orders or checks payable to: Fuj su Computer Products of America Att Accounting Maintenance Contracts 290 Orchard Pkwy, San Jose, CA 95134-2009 Provide two afferent signatures, fax or email signed quotation and provide copy of purlase order or check if applicable to: rnard Lhermine, Phone: 408-894-3528, FAX: 408-570-4042, "ail: bihermine fcpa. fujits . com Print Name Aigna~ a Title Da ate end 5Print Name ture Title Date Signed quot terms and c not provide Quotation is -----11--------------------- Comments: on is/customer's agreement to be invoiced subject to the itions of this agreement. If a customer Purchase Order is this quotation will serve as a legally binding agreement. oiiu rur Lnircy days from the date of quotation. VOL~ / PAGE o"7J/ FUJITS COMPUTER PRODUCTS OF AMERICA INC 2904 Orchard , . , San Jose, CA 95134 F U JI TSU TIE F11:111 (MIS III 1IF1IiTI Items for Quote 0022896 Model - S rial No Start Date End Date Service Type Resp. Time Unit Price M4097D 5 1 655 05/23/05 05/22/06 ScanCare Plus Next Day 1595 M40970 5 788 05/23/05 05/22/06 ScanCare Plus Next Day 1595 M4097D 5 l 3790 05/23/05 05/22/06 ScanCare Plus Next Day 1595 Total item ' 3 4785 FUJITSU OMPUTER PRODUCTS OF AMERICA, INC. FuirrsU 2904 Orchard , San Jose, CA 95134 TAE 11SSIIItITIE1 IRE 11FI11TE Service Maintenance Agreement Terms & Conamens udomer's signature to and acceptance of FCPA's Service Contract Quotation (tbe "Quote"), Fig tso Computer products of America, Inc. agrees to provide, and Customer agrees to purchase, repair; maintenance and other services as indicated in the Quote for the FCPA xt ("Product'), for the term and at the price set forth an the Quote, and in accordance with these Service Maintenance Terms and has ("Terms and Conditions") and the applicable Description of Service Program. The Quote, the Tams and Conditions and the rite Description of Service Programs condtute the Service Maintenance Agreement ("Agreement") between FCPA and the customer ner") identified in the Quote; and Customer agrees to be bound thereby. Customer adanowledges that FCPA may modify the applicable ion of Service Program from time to time at its discretion without notice or consent of Customer. hall be entitled to purduse one or more of the service programs described in the applicable Description of Service Program ) for one or more of FCPA's Products. Service hour dull be during the hours described in the Description of Service Program, ough Friday (each a "Business Day's. For purposes ofthis Agreement, Business Day" e=btdes New Years' Day, Memorial Day, :iUERVES cc Day Libor Day, Thanksgiving Day, Christmas "FCPA Hd' legal holidays and such other days when the FCPA service business is dosed y idayz"~ Service may be provided under this Agreement by FCPA or is authorized service provider ("Service Provider"} FCP THE RIGHT TO CHANGE ANY OF ITS SERVICE PROGRAMS OR SERVICE METHODS AT ANY TIME AND WMI UT PRIOR NOTICE TO CUSTOMER 2. EX TIDED SERVICE Servi provided under this Agreement do not include the furnishing of supplies or accessories for the Products, or my other additional service us= din the applicable Quote In addition to the etmhsioms and runistions on Service set forth in Section 7 of this Agreement, Sa vi provided under this Agreement excludes repair or maintenance of Products which eshbi damage or maltirnction resulting directly or iodire fit am any cause other than ordinary use or from operation of the Pm&d with non-FCPA equipment or supplies, or of Products which have modified widow FCPA's prior written authorization If a Product appears to require m emoludad senior, pad, supply or accessary, FCPA a submit a description ofthe services, part, supply or accessary which is necessary to restore the Product to nonmal operating condition and charges based an FCPA's time and material rates then in effect. ffcustomer does not arthosize FCPA to perform such repairs at Cus ces expense, FCPA may terminate immediately its obligation to provide Service under this Agreement with respect to the Product, with ability for termination of this Agreement and may invoice Customer for is customary inspection fee in lieu of services Servi will begin on the slat date specified in the Quote ("Effective Date") and end on the end date specified in the Quote ("Term"} There , Service may be renewed for successive one (1) year periods (each a "Renewal Period"), upon the na tual written consent of Customer and or until earlier terminated as provided in this Agreement. 4. PA AND PRICE CHANGES Coat shall pay maiotenmce service charges on an annual basis prior to the commencement of Services The annual service fees for Renewal Poi a subject to change upon forty-five (45) days' prior written notice, meet that FCPA may adjust the charges far the then-cuareat Service period cts are added or Product specifications, attachments, or features change during such period arms are ad 30 days from date of invoice, except for annul service fees due upon renewals, which are due and payable prier to the renew a FCPA may assess interest on all amounts which are due and unpaid at the mahdnunm rate allowable by law. if Customer fails to pay charge the due date. Customer shall pay my and all sales and/or use taus, which may become due in connection with this Agreemeat cast shall pay any and all cost associated with collection of charges for Service, including bit not limited to: attorney's fees, invoicing rest invoicing and collection costa ADDITION Cu~tomlsi may add one or more Products for Service in accordance with the terms of this Agreement, at any time upon thirty (30) days prior wrtten ice to FCPA and FCPA's comsart; provided however that only Ptndhsds which are aurently supported by FCPA and in good working oomdi' 11 be addedto this Agreement currently supported by FCPA CONDITION resents and warrants that as of the Effective Date of this Agreement the Product and all .product safety features are in good operating in accordance with the Product specifications; and have not been modified without FCPA's prior written authorization. EXCLUSIONS AND LIMITATIONS provided under this agreement does not include services or parts reptacement related to the foltowtng. n; VOL V 1 PAGE ~ / 3 FUJITSU OMPUTER PRODUCTS OF AMERICA, INC. FUdo 2904 Orchard , San Jose, CA 95134 TIE FII111111TItI III INFINITE Damage or malfunction ofthe Product due to fraud, tampering, or misuse or the use of components, assemblies or modules not supplied by FCPA or by its authorized reseffers or authorized for use with the product.. Accessories or missing parts, supplies, cons uuables and expendable items, or those items identified as being the user's responsibility in the Operator's Guide, Cleaning and Maintenance Guide Replacement of Product or increased service time required due to casualty, accident, damage, ads of God, transportation, aheration, missing pads, neglect, misuse or abuse, operator error, Whore of proper management or supervision; Damage caused by failure to remove the shippingrestraid; Damage or malfunction due to unsuitable physical operating environment; o Damage caused by use of supplies, cleaners or accessories not approved by FCPA; f Improper handling or mainteaaae Service or modifications not performed by FCPA or its authorized service provider; i Product installation, set-up. configurstien or other non-repair services, Problems due to failre of Cutomer to conform to FCPA's site specifications; Repiacament of motors or electrical components due to changes in power line specifications; Time spent in locating equipment not at the specified location or waiting for product availability; Service or parts associated with any unauthorized modification, siterstions, attachments or service, or problems related to the installation of non-numufadrrer supplied saAware or system components; Service associated with the use of supplies or eomsumables that do not conform to Product specifications; or Rebuilding or reconditioning of Product; The installation, discontinuance or removal ofthe Product. Relocation, systems engineering, programming, reinstallation of user operating systems or applications sollware, reconstruction of data, or operational procedirea RESPONSIBILITIES to meet these responsibilities may result in additional charges or denial of service. surer wtlj at appropriore for thepro&av Provide initial problem solving assistance to site user; Diffiaediste software and hardware malfunctions; Request Service only when a malfunction is evident on Produd covered under this Agreemee s; Pafarm appropriate Problem Analysis and corrective actions by following troubleshooting and remedial actions as prescribed by FCPA s tedmicsl assistance center, including Customer msirtenaoce; Maintain site environmental ranges including space, eledricsl power, aQ conditioning and humidity within Product specifications; Provide eootimous and appropriate resource availability drringproblem resolution; Maidain softwre documentation and install, a directed, any meiatmwce upgrades and patches applied by softwaro m wfecttrers; Supply consumable items (such as temps, feed rollers, or other components that are replaced due to normal wear and(or as referenced in the Marad'adurer's Mammal(s)) AND DISCLAEMWR srrants that it shall perform the Service required under this Apument in accordance with industry practices and standards generally e to such services. This warranty, pursuant to this Section 9 shall remain in effed for a period of ninety (90) days following FCPA's nee of any Services hereunder. WARRANTY OBLIGATIONS UNDER THIS SECTION 9 ARE IN LIEU OF'ALL OTHER WARRANTIES, WHETHER 'DRY, EXPRESS OR IMPLIED, AND FCPA SPECIFICALLY DISCLAIMS ALL WARRANTIES. INCLUDING WITHOUT LION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR V 10.11MATION OF LIABILITY FCPA SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL D ES, THIRD PARTY CLAIMS, LASS OF PROFITS OR DATA, OR LASS OF USE OF PRODUCT OR EQUIPMENT OR OTHER ffiJE , ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE PERFORMED UNDER THIS T, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, EVEN IF FCPA OR SERVICE PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This Grbation of liability will net apply to claims for injury to persons caused by the sale negligence of FCPA or of persons.under its direction Castagrees that FCPA s liability from any cause, whether based upon contract, tort, breach of warranty, negligence or otherwise shall be the lesser of $5, Wor the total amount of FCPA's maintenance service fees paid to FCPA pursuant to this Agreement. In all cases any claim be brought within twelve (12) months after the occurrence ofthc alleged act or omission, giving rise to the damage. 11. T1K&MATION VOL 6' ?PAGE / ~ FUJITSq OMPUTER PRODUCTS OF AMERICA, INC. 2904 Orchard P;n, San Jose, CA 95134 FUJIT'SU TIE FISSII1lITlEf 11E INFINITE party tray terminate the Agreement for any reason or no reason at any time upon thirty (30) prior written days notice to the other party; pr however that a Customer who elects to terminate this Agreement and who received a discount from the normal charge for Services to be ided under this Agreement shall be liable for an early cancellation fee in an amount equal to the discount received. If a Customer clods to el this Agreement within the first six months of the term of the Agreement, Customer shall receive a refuel in an amount equal to the less of (r) 75% of the total amount paid by the Customer under the Agreement prior to the effective date of cancellation or (ii) the prorate for the remaining unexpired tam ofthe Agreement, less charges at FCPA's customary time and materials rate for onsite visits made and for enable provided to the Customer. A Customer who elects to canal the Agreement after first six-month period is not eligible for refunds of kind whatsoever. A Customer will be charged for any Service provided prior to caaccMon ofthe Agreement at time and material rates. Fah arty may terminate this agreement upon written notice to the other party (i) for failure ofthe other to comply with a" or ofthis Agreement and inch Allure is not remedied within thirty (30) days of written notice of inch failure b the mateother term the party if er make an assi~mud. for the benefit of creditors, becomes unable to make payments thug or becomes the subject party, ( of u) any with , receivership, or similar proceeding FCPA may terminate this Agreement if Customer is in default of this or any other Agreement 12. CE MAJEURE FCP be emmused temporarily from faihrre or delay in performance under this Agreement it such falure or delay arises an of camer(a) be the reasonable control of FC PA, including without limitation ads of Clod or the public enemy, earthquakq fires, floods, epidemics and ly severe weather, material shortages, strilcos or similar labor disruptions 13. MMUMCATIONS WITH CUSTOMER FCP and its agents and third-party resellrs, shall have the right to contact Customer by telephone, cream or other means, regarding the Sc vi renewal of the Services or other products and services that FC PA believes may be of interest to Customer. Customer hereby agrees and Congo 0 to receive communications in accordance with this Section. 14. ERAL This *Aroemaut (consisting of the Quote, these Terms and Conditions. and the Description of Service Program contains the entire agreement ties with reaped to the subject matter hereof and supersedes all prior and contemporaneous oral or written proposals, nuns, agreements, and other communications between the parties This Agreement may be modified only in writing signed by FCPA The terms and conditions ofthis Agreement shall control and take precedence over or other document a the any contrary terms contained in any invoice, al~ged by parties in connection with this Agreement. This Agreement shad be governed by the laws of ifbmia, without regard to conflicts oflaw provisions. t= FCP y assign this Agreement and its rights under this Agreement to any its parent or an affiliate. Customer not assi this Ithcitanof PA's prier written cosset Any notice or communications way rs Agreement communications between the parties abed be in carting and delivered peraotudy or by fun. postage prepaid, by facsimile haosmiasion verifiable as received with a contempcrenc ons dateat addresses as sit forth in the Quota This Agreement way not be amended ~R or by email to the considered y either party unless the amendment or modification nave in and no provision of this Agreement shell be considered d writing signed by both parties. a dispute which arises o connection with this Agreement (other than disputes relatedto unpaid fees, charges and other arms due crundthis Agreement) the partics' exclusive remedy wall be binding arbitration in Santa CLn County, CaUamia by the rbitration Association ("AAA) in accordance with is thencurexd Commercial Arbitration Rules before a single arbitrator. In the rties ere unable to agree upon m arbitrator, the AAA will select the arbitrator according to its Commercial Arbitration Rules. pon any award rendered in such arbitration nay be entered in any court having jurisdiction thcroo£ lid that litigation is instituted between the parties in connection with any contrdrveray or dispute arising from, under a related to this at~ the judgment therein shall include a reasonable sum to be paid to the prevanling party fo and onaccount f aundreys' fors and cons such litigation, including those insured on appeaL mision herein is held imrstid or illegal by any court of competent jurisdiction, the same shall be deemed severable, shall in no way affect provision, and shad be deemed replaced by a provision which comes dozen in l ngua®e and intent without being invalid a illegal enforce any provision shall not be construed to be a waiver of such provision or any other provision This and auy renewals or modifications hereof may be Mc tad in one or more original signed cOwdaparts or signed counterparts _ft,cn nut by email art facsiamle, each of which shad be treated as though it were an original daatmet and which together shad constitute one and the einsimment VOL 67PAGE 'V-f-6 FUJITSU OMPUTER PRODUCTS OF AMERICA, INC. FUJITSU 2904 Orchard P , San Jose, CA 85134 TIE FISSIIIIITIES All INFINITE ScanCare Service Program Description ScanCare is F u's Premium service offering which combines scheduled preventative maintenance, delivery of scanner consumables and training with Basic on- a service including spare parts, labor and travel. ScanCare is available as an upgrade to the existing standard Limited Warranty, ScanCare Plus ' available in the post-warranty period and can only be purchased in one-year increments, Several one-year increments may be purchased at o time. Service is available across the United States, except certain Hawaiian Islands and Portions of Alaska. Fujitsu Technical Assistance Center 800-626-4686 TAC is available Monday-Friday (excluding holidays) 5 a.rr to 5 p.m. PST Under this s ice offering, Customer may receive the following services and kits: On-site k- e ' -Each ScanCare maintenance program includes on-site- break-fix repair of Customer scanner, which includes spare parts, labor and travel r service of verified hardware failures. After a Technical Assistance Center (TAC) representative identifies a hardware problem, a service call wi a opened and logged. A Fujitsu Authorized Field Engineer (FAFE) will be dispatched to the product location to perform repair service if there no security, safety or physical requirements that would restrict access to the product, On-site visits do not include preventative maintenance, enance training, censurnables and Cleaning materials, troubleshooting of software configuration, applications or set-up. Please refer to FCPA's ions and Conditions. s - Each ScanCare maintenance program inchhdes automatic delivery of consumable kit(s) to the end-user site, The number of kits depend on s r model. Note: The Consumable kits provided Customer during the maintenance period contain quantities of parts required for cleaning and Mall cecam of the Product based on normal use Should Customer require additional consumables, Customer may purchase these parts by coma a local Fujitsu reseller. ventafive menance Visits -A FAFE schedules an on-site visit to thoroughly clean and replace any necessary consumable parts. Servicewill be provided d i normal business hours at a time to be mutually agreed upon between the FAFE and Customer within 2 weeks of initiation. User Trainine 'ng the first Preventative Maintenance visit a FAFE will came on-site to provide Customer with operator training on routine scanner mainte ce, consumables replacement, scanner features and basic scanner operation and troubleshooting. PM iatc PM 3 Pad Assemblies, 2 Pick 3 Pad Assemblies, 2 Pick 5 Pad Assemblies, 2 Pick Rollers, 4 Pad Assenhies, 2 Pick 9 Pad Assemblies, 2 Pick Rollers. Cleaning Kit* Rollers, Clewing Kr Clewing Kit' Roden, Cleaning icir ropers. Cleaning Kir M3007 DE /DO M4097D Bodes, 750L R,6%W ll f.67WC ti-4760C 2 2 2 2 4 Pad Assemblies, 2 Pidk Rollers, 4 Pad Assemblies, 2 Pick Rollers, 4 Pad Assemblies, 2 Pick Rollers, 3 Pick Rollers, 3 Brake Rollers, Cleaning Kit* Cleanino Kit* M3099 EtUGFUEMIX PM Eve, t lot Conte t4 ScanCare Plus: 3 Regular Kds and 3 Super lots e Pad Assemblies, 12 Pict Rollers, 3 Separation Belts, 3 Separation Belt Assemblies, 3 Separation Rollers, a Lam s. 3 Clearin 10ts•• rnW and -Vokme Cleaning li3ts locknde FI cksnsr, eleaakng ne Clean Alts Mekde FY ekstw, F2 Cleana , cLemkng sheets, M4090D Series. "9900 IA860C 1 M1ultiXit Indudes: 1 M&4(itkrclukles - 5 Pad Assemblies, 5 Fick Roller Unae, 5 Brake Rollers, 4 5 Pad assemblies, 5 Pick Roller units, 6 Brake Rollers, Lamps, 5 Disdeddc Brushes, 3 Clearing lots- 4 Lamps, 5 Diselekxic Brushes, 3 Clearing Kits" VkA Cleaning swabs and kutrucuom Next Business D14 - A Fujitsu employed or professionally trained authorized service engineer will arrive on-site by the end of the next business day following the TA verified hardware failure. 4-hour Resp ons4l ime Option - To better serve the needs of customers with business critical scanning applications, 4-hour Response Time is available for Fuj' scanners located in select metropolitan areas. Please contact your service sales representative for eligibility and casts. If this option is pur our goal is to have a Fujitsu employed or professionally trained authorized service engineer on-site within 4-business hours following the TA verified hardware failure. VOL~PAGE_ o?~~P . ..y.- -c Wawa d_ FUJITSUOMPUTER PRODUCTS OF AMERICA, INC. 2904 Orchard P W, San Jose, CA 95134 tP FUJITSU _ TAE P1311/1HT11S /,E 11MITE Excluded Ser es - The services provided under ScanCare are in addition to the Product warranty and are not intended to replace Customer's Product I Term - The t of this service offering shall be one year from the date of purchase and is not activated until receipt of signed FCPA Service Contract Ouo . Renewal - C mer may wish to extend the warranty period for their scanner products by purchasing the ScanCare Plus service option for the cutive years of Product usage. Should Customer discontinue service for any period of time in which suggested maintenance second and IL services were performed, Fujitsu may evaluate the Product to determine if additional charges are required to restore the Product to current maintenance 1 Warranty - F tsu warrants that all services will be performed in a manner that exceeds the professional standard for service. See Fujitsu's Service Terms and C lions. ScanCare / ScanCare Plus Shipment & Visit Schedule Scanner Segment Service Type Shipment & PM Schedule M Departm SP93GX, fr-4340C, fr-4530C, fi-4640C, ScanCam Mo 1: Kit; Mo 3 : PM M3093 EX/GX/DE/DG M3096 EX/GX Departmi l-I SP930X, f-4340C, fi-4530C, fr-4640C, ScanCam Phis Mo I: Kit ; Mo 2: PM M3093 EX/GX/DE/DG M3096 EX/GX Low- V e M3097 DE/DG, M4097D Series, fr-4750C, ScanCare Mo I: Kit; Mo 3: PM; Mo 9: PM fi-47501,fi-5650Cfi-5750C Low- V M3097 DE/DG, M4097D Series, fr-4750C, ScanCars Phis Mo 1: Kit ; Mo 2: PM; Mo 8: PM 47504 r-5650C, fi-5750C Mid- V e M3099 Series ScanCare Plus Mo 1 : Super Kit & PM; Mo 3: Regular Kit Mo 5: Super Kit & PM; Mo 7: Regular Kit Mo 9: Super Kit & PM; Mo 11 : Regular Kit Mid- VA ne -4860C, -49900, M4099Serles ScanCam Mo I: Muhl-Kit; Mo 3: PM; Mo 8: PM N id- Vol a 4860C, -4990C, M4099D Series ScanCare Plus M. I: Multi-Kit ; Mo 2: PM; M. 7: PM Services Not overed On-site Servi does not include the following: • El cal work external to the product, repair or replacement of product or increased service time required due to casualty, acci t, damage, ads of Clod, transportation, missing parts, neglect, misuse or abuse, operator error, failure of proper ement or supervision, unsuitable physical operating environment, use of supplies or accessories not approved by FCPA or ' J~uthorizod Service Provider. • Sern connection with the installation, discontinuance or removal of the product. 'ill • Any vice and/or parts replacement resulting from fraud, tampering, misuse or the uses of counterfeit components, assei: es or modules. • Acc ries or missing parts, supplies, consumables and expendable items, or problems caused by those items identified as bein he user" responsibility in the Periodic Routine Maintenance chapter of the User's Manual, nor does it cover relocation ser i , systems engineering services, programming, reinstallation of user operating systems or applications software, reed ction of date, operational procedures due to any sort of failure to implement the most current software releases. • If an r of the above services are required, they may be available at an Authorized Service Provider's current hourly rates and term en in effect. IU~PkuE o~7 II VOL REQUEST FOR SALVAGE DESIGNATION 1. 2. 3. 4. 5. 6. Chair her Fax Machine igerator ce Partitions (18 panels) iovox cell phones Cell Phones fair condition Copier works, fax does not broken, has mold inside fair condition old This p public I have of it w 3 Shelf THE FOR Randy was offered to Brazos County departments with no response, then advertised at with no bids received. item that is falling apart and in no shape to use. I request permission to dispose it offering it for auction. Board Bookcase In Bad Shape. Totally falling apart. 'VIS LISTED ABOVE ARE APPROVED VAGE DESIGNATION: Judge date `g vot q t"Gc BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPART ENT Road and Bridge NUMBER 560010 DATE O COURT MEETING: June 14, 2005 ITEM: R uest from Patterson Petroleum LP to construct a road gatherina beline in the riaht of wav of ODerStenv Rnarf gnnmyin with Fickey Road. Company Check No. 1460 in the it acmpanies this request. Site is located in Precinct 2 natural 4~- 15 from its 00 SOURCE[OF FUNDS: N/A REQUIREMENTS: 1) 11 work will be permitted between front slope and/or back slope. 2) II installation(s) shall be constructed in designated utility easements, if applicable. If no utility eas ent exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) i the case of a road bore, perpendicular to the right-of-way line. 3) 1 learing of brush, trees and other obstruction is necessary, it shall be the Applicant's res nsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) ch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be con cted by an independent geotechnical testing firm; copies of all test results shall be furnished to the ice of the Brazos County Engineer. 5) nstruction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control De s for Streets and Highways, published by the Texas Department of Transportation, and all other Sta " and Federal laws governing utility construction. NaTES/EXCEPTIONS: 3TED OR ALTERNATIVES: SUBMITTED Richarc County 0005-( This I Date: 'ance, P.E. neer APP VED Commissioner E. Duane Peters Precinct 2 t is Approved M/1 Denied ❑ by Commissioners' Court Rao0y Sir , County Judge VOIL 67_PAGE. 04/07/05 10:281 $409 775 0453. BRAZOS CO RD&BR [a 002 REQU T FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO E COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 FROM: REF: Patterson Proleum LP Crossing _2Lx and/or Parallel Installation _ 654N Sam H stop Pkwy E #330 Road: Opersteny Road Precinct Number: 2 Formal notic is hereby given that (applicant) Patterson Petro] m, proposes to place a (type Natural Gas Gathering pipeline within the right-of-way of (road) 022rsteny d in Brazos County, Texas as follows: Taithin 50 feet of the intersectio' of Opersteny Rd and Fickey School Rd crossing Opersteny Rd.with a 7" T4W46caftli ascription of the proposed installation is more fully shown by three copies of the awings attached to this notice. I understand I agree: 1. The Cou Engineer must be notified prior to the beginning of construction in order that a designat inspector may inspect the actual installation. 2. That all age to the roadways and rights-of-way will be repaired to their original condition to the sat ction of the County Engineer. 3. That Bra ' County reserves the right to require Applicant to relocate or lower any such line at no cos I Brazos County, should same become necessary due to widening or lowering or ' other alt , on of the roadway or right-of-way. 4. That Bra County will in no way be responsible for any damage which may occur to any existing ry lines in the right-of-way. 5. That the 1 will be constructed and maintained on the County right-of-way in accordance with the Utility Ac modation Policy which was adopted by the Texas Department of Transportation on May 29, 1989 6. That the 11 0 ' a or lines will be constructed no less than forty-eight inches (48") lower than the lowest part of the dra ` age or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roa ay. 7_ That all r Is shall be bored in accordance with the Utility Accommodation Policy of the Texas Departm of Transportation dated 1989. 8. That all si will be barricaded during the construction period. 9. That the al charge is $500.00 per crossing and/or $130.00 per rod when paralleling the roadway establish by the Commissioners Court on December 21, 2004. 10. Ditch line all be compacted to 90% standard density ASTM-Test Method No D-698; test shall be conducte j . y an independent geotechnical testing firm: copies of all test results shall be furnished to the office the Brazos County Engineer. 11. Construct shall be in strict conformance to the latest Texas Manual on Uniform Traffic Control Devices Streets and . Hi hwa s, published by the Texas Department of Transportation, and all other State and deral laws governing utility construction. Construction this line will begin on or after the 5th day of ,Times onnr - APPROVED COMMISSIONERS' APPLICANT: COURT ON. Patterson Petroleum LP Date Company Name t Harrold Srnith 5Engine r Randy Si unty Judge Representative/Title Company 281-591-1381 R i d 12/2 / J Telephone Number 4 ev se 1 04 1 / VOL 6& ~ o ff u f t Wilson Unit #1 31 . Road - - s Q ;x Crossing " .r NUSM Patterson Petroleum LP Prepared By: HD S Opersteny Road Crossing i May 27, 2005 Brazos County, Texas 0 SAG _e? OP RSTENEY ROAD CROSSING R/W I Warning 50' I RAN ~ I Opersteny Road I Warning Sign I Grade I 2'- 0" Min. 4'-Iq" Min. 4'- 0" Min. Casing - 7" 26# N-80 MEASURED WIDTH OF COUNTY ROAD RIGHT OF WAY PROFILE Patterson Petroleum LP Prepared By: HD Sn Oh Opersteny Road Crossing May 27, 2005 Brazos County, Texas VOL 6~,AGE~o2o2 Randy S Brazos C Lloyd W, Commiss Duane R Comrnlss Kenny M; Commiss Carey Ca Cortmissi IV. Richar Count, Owner ~ n fT ~ f r. j !i h' H BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM rns. ount dge isse loner t 1 Aers ioner t 2 dlard oner 3 iley oner 4 DATE: June 6, 2005 ND OWNER AND ADDRESS: Minha ox 2002 Spring Creek College Station, Texas 77845 L CATION OF WORK: North Dowling Road D SCRIPTION OF WORK TO BE DONE: Permis~i~n clew outwit ong your property bordering N. Dowling Road. If needed, the driveway c ulvert will be replaced, at County expense,:-and a seal coat finish (pal ll replace any concrete that has been removed. Disturbed areas will t at d fertilized. M NTENANCE YES _ NO _x IF ES, ESTIMATE FREQUENCY OF MAINTENANCE: (O ner will be notified prior to maintenance.) 'd Vance, P.E. naa/Right ay Agent ✓ gineer 's Signature: D . t ~ a e . VOL PAGE cement) )e seeded BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPAR ENT Road and Bridge NUMBER 560010 DATE COURT MEETING: _ June 14. 2005 ITEM: P' rmission to enter Juan Pinalez's Property off North Dowling Road for the ur se of cleaning out roadway ditch for the health safety and welfare of the Site N/A ATION: If needed, County will replace existing driveway culvert and a seal coat finish will replace any concrete that has been removed. Disturbed areas will be seeded and fertilized. SUBMITTED BY: Richard Vance, P.E. County gineer 0005-06 This Date: t is Approved Sim Judge APPROVED BY: X41" Z- k fkzZllt ltit 44t4,--j Com ssioner Lloyd Wassermann Precinct 1 ied by Commissioners' Court ,T k'. !gyp C.a ni BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims Brazos County Lloyd Wasserr Commissioner Duane Peters Commissioner Kenny Mallard Commissioner Carey Cauley Commissioner DATE: June 6, 2005 1. LAND OWNER AND ADDRESS: Juan Pinalez 9857 N Dowling Road College Station, Texas 77945 II. L ATION OF WORK: North Dowling Road III. DESCRIPTION OF WORK TO BE DONE: Permission to clean out the ditch along your property bordering N. Dowling Road. If needed, the driveway c lvert will be replaced, at County expense, and a seal coat finish (pavement) wt1l replace any concrete that has been removed. Disturbed areas will be seeded a fertilized. IV. M NTENANCE YES _ NO x IF ES, ESTIMATE FREQUENCY OF MAINTENANCE: per will be notified prior to maintenance.) Richard Vanc , P i nlai -dt aee /Rig Way Agent County gin r Owner's ignatur Date! ' S 11010 / PAGE + BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA MENT Road and Bridge NUMBER 560010 DATE F COURT MEETING: June 14, 2005 ITEM: rmission to enter James Hall's ro ert located off North I the ur se of cleaning out roadway ditch for the health safety anc general) ublic. Site is located in Precinct 1. for N/A SE TATION: If needed, County will replace existing driveway culvert and a seal coat finish will replace any concrete that has been removed. Disturbed areas will be seeded and fertilized. SUBMITTED BY: Vance, P.E. Richard Engineer County 0005-0 APPROVED BY: Comm' sioner Lloyd Wassermann Precinct 1 This Re uest is Approved (or) Denied by Commissioners' Court Date: A A, ndy s, ounty Judge Randy S Brazos C Lloyd W< Comrniss Duane R Convniss Kenny M~ Commiss Carey Ca Commissi IV. Riciiai Count Owner nT. ~...IFF' tE•+'s{tjt .i• y,y ;,fir' ry OF lF BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM ms ounty dge sserrr ioner 01 1 !(ers oner 2 Hard oner F el 3 iley )ner 4 DATE: June 6, 2005 L A ND OWNER AND ADDRESS: James Hall 9775 N Dowling Road College Station, Texas 77845 L CATION OF WORK: North Dowling Road D CRIPTION OF WORK TO BE DONE: Permis~i~n clew-eut *~e .pit a l ong your property bordering N. Dowling Road. If needed, the driveway c ' vent will be replaced, at County expense,:-and a seal coat finish (pal w M l replace any concrete that has been removed. Disturbed areas will I a ' fertilized. M NTENANCE YES _ NO x IF ES, ESTIMATE FREQUENCY OF MAINTENANCE: (O n will be notified prior to maintenance.) 'I'd Vance, P.E. i iNWMgW a /Right ay Agent E gineer s S ignature: Date: Caf~ 4 PAGE VOL 0 ( l a b. cement) )e seeded DEP DATE ITEM: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM ENT Road and Bridge NUMBER 560010 COURT MEETING: June 14, 2005 mission to enter Tracv PPtPr.q' nrnnarty Innnfind nff PImn 1 eani the h -#7/ OU N: N/A County will remove old fence and clear brush from right of way. County will build new fence and install gate. SUBMITTED BY: Richard 11 Vance, P.E. County gineer 0005-06 APPROVED BY: Commissioner E. Duane Peters Precinct 2 ThisReqj1 eft 's Approved (or) Denied by Commissioners' Court _t~~ Date: t/~~ _ ,r dy SimsAounty Judge PT ' O/c 9T~ oGAIT . .o F ~Pp BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims Brazos County c Lloyd Wasse n Commissioner 1 E. Duane Peter ~ Con Issioner 2 Kenny Mallard Commissioner 3 Carey Cauley Commissioner 4 DATE: June 8, 2005 1. L ND OWNER AND ADDRESS: Tracy Peters Harvey Road College Station, Texas II. L CATION OF WORK: Elmo Weedon Road beginning approximately 0.2 mile north of Timberwilde Drive extending south for a distance of 0.45 mile. III. D SCRIPTION OF WORK TO BE DONE: Permission to clean out existing d 'inage channel along your property bordering Elmo Weedon Rd. County will remove old fence and clear brush from right of way. County will build new fence and install gate. IV. M INTENANCE YES xx NO IF ES, ESTIMATE FREQUENCY OF MAINTENANCE: As needed to maintain dr 'nage of water from roadway. er will be notified prior to maint nce.) Richard Vance, P.E. i r Aid o eman/Right of Way Agent County gineer Owner's ignature: Date: ns 41 b~r}^ . r IV~) F.F. -~17 BRAZOSCOUNTY BRYAN, TEXAS ORDER NO. 2005-002 RESTRICTING USE OF FIREWORKS UNINCORPORATED AREAS OF BRAZOS COUNTY, TEXAS WHEREAS, the Texas Forest Service has determined that drought conditions exist in Brazos County; WHERE S, on the 14th day of June, 2005, the Commissioners Court of Brazos County has determine' that the normal danger of fire in the unincorporated areas of Brazos County is greatly enhanced the extremely dry conditions now existing; NOW, EREFORE, the Commissioners Court of Brazos County adopts this Order prohibitin the sale or use of restricted fireworks in the unincorporated areas of Brazos County. A. N j erson may sell, detonate, ignite, or in any way use fireworks classified under 49 C. R. part. 173.1000(2) (10-1-86 edition), as "skyrockets with sticks" and "missiles wi 1~ fins" in any portion of the unincorporated area of Brazos County. B. ThIj Order does not prohibit: L common fireworks, small in size, classified as Class C explosives; 2. large firework devices designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and classified as Class B explosives by the U.S. Department of Transportation (TEX.000.Code, Chapter 2154). C. A rson commits an offense if the person knowingly or intentionally violates a pr 'bition established by this Order. An offense under this Order is a Class C mi emeanor. APPROVtdD this the 14th day of June, 2005, by the Brazos Cppnty Commissioners Court. ATTEST: andy Sims, County Judge G-00, en I'd cQueen, Co ~yl Office oft im. County Judge 9 300 East 20h St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 AFFIDAVIT TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171 1 ~ J s' i I.1 ` STATE F TEXAS § COUN OF BRAZOS § FORE M the undersigned authority, on June, D- ersbnally,appeared I Ile who being duly sworn, deposes and says: 1 That he/sloe has a substantial interest in a business entity or real property. Official actio71TO n by the Commissioners C ur of Brazos County, Texas concerning Agenda Item 0. f t he Court Agenda dated 5Described as ' ' , would have a special economi ffect on that business entity r a special economic effe on the value of the real property, at is distinguishable from the effect on the public. r 2 That the substantial interest is (check the following as is appropriate): ( a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or $15,000 or more of the fair market value of the business entity; or b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year; or c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above; or (11 e. other 3. That I will abstain from participation in the matter referred to in Item 1 unless authorize by law. Signature LQ rr SWORN O AND SUBSCRIBED BEFORE ME this thel day of JM(f,/ 2007 ,o«BE,ATRIZ D. GREEN tir':rv r" li;di'c. 91&6E Of Texas No Pu in a n or JUNE 11, 2U06 The State of Texas ,IIIMII1111• Filed: L _ tv Clerk OL& ?PACEo23~,