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HomeMy WebLinkAbout2005-12-29-9:00AM-REGULARm -ED '1'pr OF .eRP NOS DEC 2? P 4: 4W BRAZOS COUNTY CLERK ~BRYAN, TEXAS Y,';I.TEXAS 'Y;: DEPUTY NOTICE OF MEETING--~ AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 29 DECEMBER 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26 T" STREET, SUITE 115, BRYAN, TEXAS. I . Invocation and Pledge of Allegiance - Commissioner Cauley 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 23: 3. Budget Amendment 05/06-12.1 thru 05/06-12.4. 4. Personnel Change of Status. 5. Payment of Claims. 6. Appointment of Charles L. Frazier as Brazos County Emergency Management Coordinator. 7. Interlocal Agreement between Brazos County and Ml an~ ounty for the payment of salary supplements to the Justices on the Tenth Court of Appeals. Term of agreement is 1 January 2006 to 30 September 2006, with automatic renewal thereafter, and a term of 1 October to 30 September, unless terminated. 8. Three Requests for Proposal for enhancements/modifications to the probation and justice of the peace modules of the AbleTerm software, as recommended by the Justice System Steering Committee. 9. Out of state travel for Blake Lambright. (Information Technology Department) to attend the 2006 Novell Brainshare Conference in Salt Lake City, Utah. Dates of travel are March 19-24,2006. Office of the County Judge . 300 East 26'" St. • Sufte 114 . Bryan, Texas 77803 Fax: (979) 361-4503 a~0 L 74, Nu GE g Commissioners Court Agenda 29 December 2005 Page 2 10. Reimbursement of medical bills to CMS (Centers for Medicare and Medicaid Services). 11. Award of Bid 2006-001 Concrete, to Transit Mix Concrete and Materials based on best price. 12. Award of Bid 2006-003 Equipment Lubricants, to Universal Lubricants based on best price due to no charge for both equipment oil samplings and use of bulk oil tanks. 13. Award of Bid 2006-004 Cold Mix Limestone Concrete Pavement, as follows based on best price: THD 330 Class A Tyne D Loaded only and Loaded & Hauled Primary Vendor: Vulcan Construction Secondary Vendor: Martin Marietta Materials THD 334 Class A. Tyne D Loaded only and Loaded & Hauled Primary Vendor: Colorado Materials Secondary Vendor: QPR, Division of LaFarge 14. Award of Bid 2006-005 Fencing Supplies, as follows based on best price: Items 1.0, 3.1, 3.2, 6.0, and 7.0 galvanized gates, 15/8" 18 gage Woodson Lumber Items 2.0, and 7.0 galvanized gates, 17/8" 16 gage Producers' Cooperative Items 4.1, 4.2, 4.3, and 4.4 - Conroe Wood Products Items 5.1, 5.2, 5.3, 5.4, and 5.5 - Brazos Bottom Crop Care 15. Award of Bid 2006-006 Fence Building, as follows based on best price: Primary Vendor: Hurricane Fence Secondary Vendor: Hurst Fencing 16. Award of Bid 2006-007 Motor Grader Blades, as follows based on best price: Primary Vendor: Valk Manufacturing Secondary Vendor: Head and Guild Parts 17. Award of Bid 2006-011 - Seal Coat Projects, as follows based on best price: Primary Vendor: F. N. Ploch Construction Co. Secondary Vendor: Big Tex Paving, Inc. 18. Request from Verizon Communications to construct 2,095 feet of buried cable in the northeast right of way of Wheelock Hall Road at a minimum depth of 30 inches. Site is located in Precinct 2. 19. Bryan Utilities' cost estimate of $7,748.70 and payment thereof to relocate overhead electric utility poles (at the County's request) to accommodate Pine Tree Road improvements. Site is located in Precinct 2. / Commissioners Court Agenda 29 December 2005 Page 3 20. Acceptance of a General Warranty Deed from Keren Hicks Eidson for improvements to Royder Road located in Precinct 1. 21. Acceptance of a Special Warranty Deed from Margaret S. Brown for improvements to Old Reliance Road located in Precinct 2. 22. Acceptance of a Special Warranty Deed from nta~urw t✓ Sam/ Y for improvements to Old Reliance Road located in Precinct 2. 23. Request from the Information Technology Department for permission to purchase the four computer kiosks for the Online Wireless Legal Library. 24. Acknowledgement that the Thomson West CD-ROM subscription has expired and will not be renewed. 25. Announcement of interest items and possible future agenda topics. 26. Call for citizen input and/or concerns. 27. Agency / Board / Committee reports by Court members. 28. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. 11.`,i -7l0 COMMISSIONERS' COURT SPECIAL MEETING DECEMBER 29, 2005 A special meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Thursday, December 29, 2005 with the following members of the Court present: Randy Sims, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4: Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley led the invocation and Pledge of Allegiance. There was no citizen's input and/or concerns. The Court next considered Budget Amendment #05/06-12.1 through 12.4, which would reallocate funds for Commissioners Court, transfer funds to Commissioners Court from Contingency; transfer funds from DDEA to Sheriff's Administration and transfer funds from the General Fund and Capital Projects Fund into special projects. Commissioner Cauley moved to approve the budget amendments. Commissioner Peters seconded the motion. Commissioners Wasserman, Peters, Cauley and the Commissioners Court meeting December 29, 2005 2 County Judge voted "Aye". Commissioner Mallard abstained. The motion carried to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7014620 through 7014870 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was the appointment of an individual as Brazos County Emergency Management Coordinator. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to appoint Charles L. Frazier as Brazos County Emergency Management Coordinator. The next matter for the Court's consideration was an Interlocal Agreement between Brazos County and Mclennan County for the payment of salary supplements to the justices on the Vol e7 4e Page /a Commissioners Court meeting December 29, 2005 3 Tenth Court of Appeals. The term of this agreement is from January 1, 2006 through September 30, 2006 with automatic renewal beginning October 1 through September 30. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to enter into an Interlocal Agreement with McLennan County for the payment of salary supplements to the Justices of the 10th Court of Appeals. A copy is attached. The next matter before the Court was consideration of approval of three proposals for enhancements/modifications to the probation and justice of the peace modules in the AbleTerm software. The three proposals presented were approved by eight (8) of the eleven (11) members of the Justice System Steering Committee. Three (3) committee members did not respond. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Justice System Steering Committee and approve the three proposals but not commit any funds at this time. The next matter for consideration by the Court was a request submitted by the Information Technology Department seeking approval for out of state travel for Blake Lambright. Mr. Lambright would be traveling to Salt Lake City, Utah to attend the Novell Brainshare Conference March 19-24, 2006. On Vol rl Page 13 Commissioners Court meeting December 29, 2005 4 motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the Information Technology Department and approved payment of out of state travel expense for Mr. Blake Lambright. The next matter before the Court was the reimbursement of medical bills to CMS (Centers for Medicare and Medicaid Services). The County Auditor explained that an employee had gone to the hospital, had surgery and then told the hospital that they had no insurance. It was subsequently learned that the employee did indeed have insurance. The Court asked for more information and was skipped until the information could be brought to Court. The Court next considered awarding Bid No. 2006-001, Concrete. Becky Stephens Senior Buyer, recommended acceptance of the bid submitted by Transit Mix Concrete and Materials. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract to Transit Mix Concrete and Materials. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2006-003, Equipment Lubricants. Becky Stephens Senior Buyer, Vol '7 (Ip Page i 4 Commissioners Court meeting December 29, 2005 5 recommended acceptance of the bid submitted by Universal Lubricants. On motion by Commissioner Wassermann, seconded by commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Universal Lubricants. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2006-004, Cold Mix Limestone Concrete Pavement. Becky Stephens Senior Buyer, made the following recommendations: THD 330 Class A, Type D, Loaded Only and Loaded & Hauled Primary Vendor: Vulcan Construction Secondary Vendor: Martin Marietta Materials THD 334 Class A, Type D, Loaded Only and Loaded & Hauled Primary Vendor: Colorado Materials Secondary Vendor: QPR, Div of LaFarge On motion by Commissioner Peters, seconded by Commissioner Wasserman, the Court voted unanimously to accept the recommendations of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2006-005, Fencing Supplies. Becky Stephens Senior Buyer, made the following recommendations: Items 1.0, 3.1, 3.2, 6.0 and 7.0 Gates -Gale, 1 5/8" 18 ga - Woodson Lumber Items 2.0 and Gates-Gale, 1 7/8" 16 ga - Producers Vol 07 Page Commissioners Court meeting December 29, 2005 6 Cooperative Items 4.1, 4.2, 4.3 and 4.4 - Conroe Wood Products Items 5.1, 5.2, 5.3, 5.4 and 5.5 - Brazos Bottom Crop Care On motion by Commissioner Peters, seconded by Commissioner Wasserman, the Court voted unanimously to accept the recommendations of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2006-006, Fence Building. Becky Stephens Senior Buyer, made the following recommendations: Primary Vendor: Hurricane Fence Secondary Vendor: Hurst Fencing On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendations of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2006-007, Motor Grader Blades. Becky Stephens Senior Buyer, made the following recommendations: Primary Vendor: Valk Manufacturing Secondary Vendor: Head and Guild Parts On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendations of the Senior Buyer and award the contract as Vol -7 te Page k e Commissioners Court meeting December 29, 2005 7 noted. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2006-011, Seal Coat Projects. Becky Stephens Senior Buyer, made the following recommendations: Primary Vendor: F. N. Ploch Construction Co. Secondary Vendor: Big Tex Paving, Inc. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendations of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. The Court next considered the request from Verizon Communications to construct 2,095 feet of buried cable in the right-of-way of Wheelock Hall Road at a minimum depth of 30 inches. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Verizon Communications and authorized the installation. A copy of the request is attached hereto. The Court next considered acceptance of the Bryan Texas Utilities cost estimate of $7,748.70 and payment thereof, to relocate overhead electric utility poles (at the County's request) to accommodate Pine Tree Road improvements in Vol -7 te Page /7 Commissioners Court meeting December 29, 2005 8 Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the Bryan Texas Utilities cost estimate of $7,748.70 for relocation of electric utility poles on Pine Tree Road. The Court next considered acceptance of a General Warranty Deed for right-of-way on Royder Road in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a General Warranty Deed from Keren Hicks Eidson for the expansion and improvements to Royder Road. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Old Reliance Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a General Warranty Deed from Margaret S. Brown for the expansion and improvements to Old Reliance Road. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Old Reliance Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos Vol 11)4 Page ) 8 Commissioners Court meeting December 29, 2005 9 County a Special Warranty Deed from Marvin W. Shealy for the expansion and improvements to Old Reliance Road. The next matter before the Court was a request from the Information Technology Department to approve the purchase of four computer kiosks for the online wireless legal library. The cost of each kiosk is $5,004.60. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the purchase. The County Judge next resumed consideration of agenda item 10, the reimbursement of medical bills to CMS (Centers for Medicare and Medicaid Services). All backup material was brought to court and on motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve payment of the $5,446.76 in medical expenses. The next matter before the Court was acknowledgement that the Thomson West CD-ROM subscription has expired and will not be renewed. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to acknowledge the expiration of the Thomson West CD-ROM subscription. Under announcement of interest items and possible future agenda topics the following spoke: County Judge Vol q-6 Page 1 R Commissioners Court meeting December 29, 2005 a) Judge Underwood gave him a state document, a Judgment for Conviction in reference to Judge Randy Michel. The Court will need to meet to begin search for an appointee to finish the remainder of his term. Commissioner Mallard a) Noted that they will need to decide if they want to appoint someone that will run for the office or someone who will agree not to run. b) The Family Medical Leave Act has had some complaints on the way it was handled for one employee. We need to hold a workshop and discuss this. It seems to be a misunderstanding on how it's handled. We need to put a policy in place. Commissioner Cauley a) Last month he served on a committee to appoint men/women to service academies. Out of the 28 applicants, six (6) were nominated to services academies. Two (2) are going for sure. The other four (4) will be able to go if they choose a different academy. There was no citizen input and/or concerns. 10 Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He and the Justice of the Peace, Precinct 3 and Constable, Precinct 3 met with the architect to review bids for the new building. The top two bids were within $600 of each other. There were five bids total. A contract should be ready for approval soon. Vol 7.(r Page a 0 Commissioners Court meeting December 29, 2005 b) He also met with a sub-committee of the IGC. the cities of Bryan and College Station, Texas A&M University, and the County all met to discuss a combined Emergency Command Center. They are looking for space for a warehouse to store materials from the last event. County Judge a) Asked if telephone cost is in the proposal for the new Justice of the Peace, Precinct 3 and Constable, Precinct 3 building. Commissioner Mallard replied that he would check. 11 There being no further business to come before the Court, the meeting was adjourned. Vol Page a Commissioners Court meeting December 29, 2005 12 The foregoing minutes of the Commissioners Court meeting held December 29, 2005 have been examined and are approved in open Court this the c2l~* day of Frb2AQq , 2006 in Bryan, Duane Peters Commissioner, Precinct 2 arey C ley, Jr. Commiss oner, Prec' t 4 Attes Karen McQueen County Clerk "Z - Lloyd Wassermann Commissioner, Precinct 1 Kenny Mall r Commissioner, Precinct 3 Vol Page a a Brazos County, Texas. r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON -200-5-A-11' p 0'A,,~~, "Named Organ ization/Dep ment RUC O ~ ~n . L ~ l~ C~ o l f3 lE/(J ~O.<li~ ,a rs //AGE O~ ct~ (1, o u ~Gr AZI s!>Z C~CiC~iJ IF .9: V ~'C YJ ~O PAGE .2-3 72 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-12.1 thru 05/06-12.4 On this the 291h day of December 2005 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 29 December 2005 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 29`h day of December 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. Copies: County Auditor County Treasurer Commissioners' Court Minutes Original: County Clerk's Office and attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 -12.4 lllilvnnnne FD 4500 4500 0100 0100 DIV 63000500 11000100 ACCT 80710500 49028000 91110000 73720000 PROJ DR/CR DR CR DR CR l1LVV' ACCOUNT NAME Increase Decrease Radio Tower 22,000.00 Transfers frm General Fund 22,000.00 Transfers to Ca Pro'. Fund 22,000.00 Re ional Crime Lab 22,000.00 Ca ital D ---t Fund- General Perm. Improvement Fund - To move the amounts bud eted in 05-06 for the Regional Crime Lab to the Capital Project Fund to be used to be in fundin a radio tower in the south end of the Coun . r, ~2S BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 12.1 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 46023000 CR Donated Pj7op-erty 85 0 0 0100 11000100 60010000 DR Donated Pro erty . 85.00 To increase the budget for donated property based on estimated market value received: Six 5-gallon Crape Myrtle trees planted on Brazos Countv nronerty BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 -12.2 tonnMn" FD DIV ACCT PROJ a DR/CR au f+J/ 4V VJ ACCOUNT NAME Increase Decrease 0100 11000100 80710000 DR Right of Way Ac uisition 187 711 71 010 0 11000100 80712100 DR Coulter / Kurten ROW , . 139 400 53 010 0 1100150 61130000 CR Contingency , . 327,112.24 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 -12.3 12/29/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease [01001280001001 60600000 DR Office Su lies 2,500.00 0100 28000100 59100000 CR DDEA 1 cnn nn Sheriff s Administration - To move funds from DDEA to allow for the purchase of lanel micrnnhnn P/PATI;Pp. .rn~ r) `1 "i it PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 27, 2005 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Department Submitting Employee Request Action Requested Request(s) Applies To District Attorney Madden, Amber Transfer to Another Dept. Justice of the Peace 2.2 Juvenile Services-Detention Lewis, Donna Resignation Bowen, Carlos State Stipend Purchasing Stephens, Rebecca Mann, Marcia Wood, Robin Promotion Promotion Resignation Approved in Commissioners' Court: December County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) yl~ seam "CPMVnem, 01 trenspoMUoa Form.D-15-130 Page 1 of 2 THE STATE OF TEXAS Agreement to Contribute Funds (County Form) COUNTY OF Travis Contract No County Brazos Federal Project No. CSJ No. 0117-01-036 ROW Account No. 8017-1-50 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and Brazos Texas, acting by an through its duly authorized officr is under Commr stoners Court Resouon dated the 3 day of /Vove.m~er 19 1 , hereinafter called the County, shall be-effective on the date of approval and execution by and on behalf of the State. WHEREAS; the State is requesting the County to enter into a contractual agreement and acquire right of way for a highway project on Highway No. SH 21 with the followin limits: g project Fror To: WHEREAS, the County has now requested that the State assume responsibility for acquisition of all necessary right of way for said highway project; and WHEREAS, the County desires to voluntarily contribute to the State funds equal to ten (10) percent of the cost of the said right of way for the proper development and construction of the State Highway System; WHEREAS, the County desires to contribute this ten (10) percent of the cost of the right of way in incremental payments in accordance with the following schedule: Seventy-five thousand and no/100 Dollars /b,000.00 ) upon execution of agreement. Eighty-five thousand and no/100 Dollars 0_85,000.00 ) on or before the one year anniversary of the agreement. go-ono .no lonorbefore the second year Dollars iversary of the agreement. NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the County shall contribute to the State an amount equal to ten (10) percent of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the County, a warrant or check payable to the Texas Department of Transportation in the amount of Seventy-five thousand and no/100 Dollars ($_7 -5, 000.00 ) as partial payment of the aforementioned ten (10) percent cost. The County will contribute to the State the balance of the ten (10) percent in accordance with the following schedule: . / ~F' n r ~ O -Tex : Department of Transportation FormD-15-130 _ Page 2 of 2 Eighty-five thousand and no/100 Dollars as, 000 00 )onorbefore the one year anniversary of the agreement. Ninety thousand and no/100 Dollars ($9n,nnn nn on or before the second year. anniversary of the agreement. The above contributions constitute Two Hundred Fi Thousand and 00/100 250,000.00 Dollars which represents ten (10) percent of the estimated cost of the right of way. However, if it is found that any installment is insufficient to pay the County's obligation, then the County, upon request of the State, will forthwith supplement this amount in such amount as is requested by the State. Upon completion of the highway project and in the event the total amount as paid by the County is more than ten (10) percent of the actual cost of the right of way, any excess amount will be returned to the County by the State. Cost of the right of way acquired by the State shall mean the total value of compensation paid to owners, including but not limited to utility owners, for their property interests either through negotiations or eminent domain proceedings. Brazos County, Texas By By By By. By: EXECUTION RECOMMENDED- -,41Distn THE STATE OF TEXAS Certified as being executed for the purposes and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission under thW authWty of Minute Order _ 404 An 1 By: Date: VOL 70 PAGE r31 INTERLOCAL AGREEMENT Payment of Salary Supplement to the Justices on the Tenth Court of Appeals THIS AGREEMENT is made and entered into by and between BRAZOS COUNTY, TEXAS and McCLENNAN COUNTY, TEXAS. WHEREAS, the legislature has authorized the payment of up to $7,500 of salary supplement to be paid to each of the justices on the courts of appeals from the counties in each court of appeals district (see Government Code Sections 659.012, 31.001, & 32.00.1); and WHEREAS, Brazos County desires to participate in the salary supplement paid to the three justices on the Tenth Court of Appeals; and WHEREAS, there are 18 counties in the Tenth Court of Appeals District and some of the counties desire to have the administration of the payment of the salary supplement handled by another county; and WHEREAS, McLennan County agrees to handle the administrative processes necessary to pay its share of the salary supplement and the salary supplement of other counties that have agreed to participate in the payment of the salary supplement, specifically including the salary supplement to be paid by Brazos County; and WHEREAS, the salary paid to the Chief Justice of the Court of Appeals may not exceed $147,500, inclusive of the state salary of $140,000, and the salary paid to a Justice of the Court of Appeals may not exceed $145,000, inclusive of the state salary of $137,500, and nothing herein shall authorize the payment of a salary supplement that would cause the salary cap to be exceeded. NOW, THEREFORE, McLennan County and Brazos County agree as follows (A thru E): A. McLennan County will annually compute the amount to be paid by Brazos County taking into account the number of counties and amount that each county has agreed to contribute for the payment of the salary supplement. McLennan County will prepare and submit an invoice for the amount owed by Brazos County for the applicable period within thirty (30) days of the beginning of the period. Brazos County agrees to pay the entire invoice amount within thirty (30) days of receipt of the invoice. B. The invoice will be for the prorated amount of the salary supplement, payroll taxes and payroll benefits based on McLennan County's benefit package. The amount invoiced to each participating county will be equally prorated between the contributing Counties, with the exception of Coryell and Burleson Counties who are unable to contribute more than $1,250 and $1,200 respectively for the period of 1/01/06 through 9/30/06. Page I of 2 Va ?6O PAGE ~a C. If there is a difference between the actual and estimated payroll taxes and payroll benefits, any excel will be credited, or any shortage added to, the invoice for the succeeding period. Likewise, funds not used due to a vacancy in a justice position on the court will be credited to the invoice for the succeeding period. D. The beginning date of this agreement is 1 January 2006. The initial period of the agreement will be for the nine month period from 1 January 2006 to 30 September 2006. After the initial period, the agreement will be automatically renewed unless terminated as provided, and will be 1 October to 30 September thereafter. E. Either McLennan County or Brazos County may terminate this agreement by providing notice of termination to the other at the address indicated below, no later than 60 days before 30 September of the applicable period. BRAZOS By: Randy County Judge i- Brazos County Contact: Name: 2cl3ds/ Sims Title: r{-, T ci Address: ti~ = tLy Ily Phone: (A h~) I - U I o McLENNAN COUNTY By: Jim Lewis, County Judge McLennan County Contact: Name: Title: Address: Phone: Page 2 of 2 VOL 7~ PAGE 33 TENTH COURT OF APPEALS Chief Justice McLennan County Courthouse Tom Gray 501 Washington Avenue, Rm 415 Justices Waco, Texas 76701-1327 Bill Vance Phone: (254) 757-5200 Fax: (254) 757-2822 Felipe Reyna December 15, 2005 Honorable Cole Word Honorable A. Randy Sims Bosque County Judge & Brazos County Judge & Commissioners Court Commissioners Court P.O. Box 647 300 E. 26th St., Room 114 Meridian, Texas 76665-0647 Bryan, Texas 77803 Honorable Mike Sutherland Honorable John A. Hull Burleson County Judge & Coryell County Judge & Commissioners Court Commissioners Court 100 W. Buck St., Room 306 620 E. Main St. Caldwell, Texas 77836 Gatesville, Texas 76528 Honorable Thomas B. Sehon Honorable Linda K. Grant Falls County Judge & Freestone County Judge & Commissioners Court Commissioners Court P.O. Box 458 118 E. Commerce St., Room 205 Marlin, Texas 76661-0458 Fairfield, Texas 75840 Honorable Fred C. Cox Honorable Kenneth R. Davis Hamilton County Judge & Hill County Judge & Commissioners Court Commissioners Court 102 N. Rice St. P.O. Box 457 Hamilton, Texas 76531 Hillsboro, Texas 76645-0457 Honorable Roger O. Harmon Honorable Byron M. Ryder Johnson County Judge & Leon County Judge & Commissioners Court Commissioners Court 2 N. Main St. P.O. Box 429 Cleburne, Texas 76031 Centerville, Texas 75833-0429 Honorable Elenor F. Holmes Honorable Cecil N. Neely Limestone County Judge & Madison County Judge & Commissioners Court Commissioners Court P.O. Box 469 101 W. Main St. Room 110 Groesbeck, Texas 76642-0469 , Madisonville, Texas 77864 Clerk Sharri Roessler VOL I ~ PAGE 3 0 December 15, 2005 Page 2 Honorable Jim Lewis McLennan County Judge & Commissioners Court 501 Washington Ave., Room 214 Waco, Texas 76701 Honorable Fred Elliott Robertson County Judge & Commissioners Court P.O. Box 427 Franklin, Texas 77856-0427 Honorable Robert D. Pierce Walker County Judge & Commissioners Court 1100 University Ave., Room 204 Huntsville, Texas 77340 TO THE PARTIES LISTED ABOVE: Honorable Alan Bristol Navarro County Judge & Commissioners Court 300 W. 3rd Ave., Room 102 Corsicana, Texas 75110 Honorable Walter Maynard Somervell County Judge & Commissioners Court P.O. Box 851 Glen Rose, Texas 76043-0851 Honorable Chad B. Adams Ellis County Judge & County Commissioners 101 W. Main St., lsi Floor Waxahachie, Texas 75175 The justices on the Tenth Court of Appeals want to express our gratitude and appreciation for the support that you have shown for the Court by your agreement to participate in providing salary supplements to the justices on the Court. At this time, for fiscal year 2006, 16 of the 18 counties in the District have agreed to participate in funding the salary supplements. While two of the counties found it necessary to cap their participation, it is my understanding that both of those counties, Burleson and Coryell, have tentatively agreed to prorata share participation for future years. Further, it is my understanding that one of the two counties that were unable to participate this year, Hamilton County, anticipates prorata participation for fiscal year 2007. We are deeply grateful for your support. As has been previously discussed with you, McLennan County is willing to provide the administrative support for the payment of the supplements through an interlocal agreement with each county. A copy of the interlocal agreement proposed by McLennan County is enclosed. You will note that it has the special provisions in it related to Burleson and Coryell County for the initial period and contemplates prorata participation by those counties in future years. McLennan County recognizes they may need to make an adjustment to the Burleson County interlocal agreement, because Burleson County is the only county in our District that is on a calendar year rather than a fiscal year end of September 30. Thus, the due date for their payment may be extended over into January, 2007 so that it falls within their next fiscal year. For planning purposes, it is critical that you notify Judy Jackson, McLennan County Financial Manager, 214 N. 4 St., Suite 100, Waco, Texas 76701-1366, Phone: 254/757-5156, Fax: 254/757-5157, Email: iudvJackson(a co.mclennantx us, whether or not your county will be participating in the supplemental salary payments through execution of the interlocal agreement ..di f -i wiL December 15, 2005 Page 3 or whether you will be making salary payments directly to the judges. Please forward two executed originals of the interlocal agreement to Mrs. Jackson. She will request that they be placed on the McLennan County Commissioners Court agenda, and will return a fully executed agreement to you when approved by the McLennan County Commissions Court. Based upon information provided to her, Judy Jackson has calculated that the total billing for each county that participates through McLennan County, including payroll taxes and fringe benefits, will be $1,286.66 for the initial nine month period of the agreement, taking into consideration the limitations of Burleson and Coryell Counties in this initial period and based upon the number of counties that are participating. If you elect to not participate through the use of the interlocal agreement, Judy has calculated that your county's prorata portion of the supplements to be paid for the initial period of January 1, 2006 to September 30, 2006 is $1,061.06 on which payroll taxes and fringe benefits will also have to be paid like on any other county employee. This amount will be divided between the three justices and paid as part of your regular payroll over the initial period ($353.69 pre judge for the nine month period). To accomplish this, each of the three judges will need to send you all the necessary forms and data to be added as an employee to your payroll effective January 1, 2006 so we will need to know very quickly who is going to participate through the interlocal agreement and which counties, if any, will be paying the judges directly as an employee of their county. I look forward to hearing from each of you in the very near future regarding whether you will use the interlocal agreement or be paying the judges through your regular payroll process. Please try to accomplish this before Christmas so we can get the appropriate documentation to you in a timely fashion. Again, thank you for your support and we look forward to working with each of you on this. If you have any questions regarding the foregoing, do not hesitate to contact me. 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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. 3) 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. 4) 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. 5) 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. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: Richard F. Vance! P.~. Commissioner E. Duane Peters County Engineer Precinct 2 0005-116 This Request 14 A proved I 'V1 Denied ❑ by Commissioners' Court Date: 5,p/= Randy Sings; County Judge VOL-)4 PAGE verr;~on Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 December 9, 2005 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are Form ED-135 and a work location sketch showing the location of our proposed buried cable line on county roads in Brazos County at Bryan, Texas. This work is to be completed on Work Order 5435-3POAOAD which is scheduled for January 4, 2006. If you have any questions concerning this work, please contact Joe Young at our office in Bryan, telephone 979-8214303 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, (Im Jim Survant Supervisor - Network Engineer JS:ec Attachment VOL '7 ~ PAGE 47 VERIZON COMMUNICATION Notice of Line Installation December 9, 2005 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Verizon will place a buried communication cable 0.94 inches in diameter along the northeast right-of-way of Wheelock Hall Road. This cable will be placed between L112/PD9 and L112/PD 12 for a distance of 2095 feet. The cable will,be placed 4 feet in the right-of-way at a minimum depth of 30 inches. All driveways will be directionally bored. The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after January 4, 2006. VE~RIZON COMMUNICATIONS 5435-3POAOAD Jim Survan~ Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 Ql_ z 0 -4 m D mm a D n CO m m D X D RI m r D m 0 r r r- :0 m r m a C N m m a E m m a m m m N m 0 ~ Z r M o m p X N E Z m D W r - m N 0 0 0 v N D Z 0 C -4 m +1 O y^ L O G a m m m m• G 9 s 1~~ N i ? Z O I is ...r?l IIpl~l= SEE WP, 2 12077552 2423.10 (PP) (3POA8A> M-4 7280 WHEELOCK 7HALL RO L112/PO11/T112077552 C3006.451-475 <PP> r N °3 pNy. 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Site is located in Precinct 2 SOURCE OF FUNDS: N/A PRESENTATION: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: 'e Richard F. Vance, P.E. County Engineer 0005-117 APPROVED BY: Commissioner E. Duane Peters Precinct 2 This Request is Approved / Denied 11 by Commissioners' Court Date: / ,029 Randy Syds, County Judge VL~~ PAGE 5 a BRYAN TEAS UTILITIES IMI I THE ENERGY TO SERVE YOU SINCE 1919 P. O. Box 1000 Bryan, TX 77805 Phone: 979-821-5700 Fax: 979-821-5795 http://www.btutilities.com December 13, 2005 Linda Muegge Brazos County Road & Bridge 2617 W Highway 21 Bryan, TX 77803 RE: Relocation poles on Pine Tree Road Investigation #0512R07688 Linda, The estimated cost projection to relocate poles on Pine Tree Road will total approximately $7,748.70. This cost is subject to securing the necessary easements. As before, BTU will bill Brazos County on the actual "as built" expenses to accomplish this project. Please contact me at 821-5730 should you have any questions concerning this estimate. Sincerely, Allen Kristof BTU-Line Designer c: Robin Goldwater VOL2LPAGE 3