HomeMy WebLinkAbout2005-12-29-9:00AM-REGULARm
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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
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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.
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BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON -200-5-A-11'
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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.
Very truly yours,
4P7-00~-
TOM GR Y
TG:nw
Enclosure
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VOL 74 PAGE 4_4
WL % ~AGt 45
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM / (J
DEPA RTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING:- December 29. 2005
ITEM: 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.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope.
2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or
2) in the case of a road bore, perpendicular to the right-of-way line.
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
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BRAZOS COUNTY 7
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: December 29. 2005
ITEM: Consider and take action on Bryan Texas Utilities' cost estimate of $7,748.70 and
payment thereof, to relocate an overhead (electric) utility poles (at the County's request) to
accommodate Pine Tree Road improvements. 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