BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 133
BE IT REMEMBERED THAT ON THIS THE 11TH DAY OF MAY,
2004, THERE WAS BEGUN AND HOLDEN A SPECIAL SESSION OF
COMMISSIONERS’ COURT WITH THE FOLLOWING MEMBERS
PRESENT:
JOHN WILLY COUNTY JUDGE
DONALD “DUDE” PAYNE, COMMISSIONER, PRECINCT #1
JAMES D. “JIM” CLAWSON, COMMISSIONER, PRECINCT #2
JACK HARRIS, COMMISSIONER, PRECINCT #3
L.L. STANLEY, COMMISSIONER, PRECINCT #4
JOYCE HUDMAN, COUNTY CLERK
and the following proceedings were had:
ORDER NO. 1
RE:
INVOCATION & PLEDGE ALLEGIANCE
Judge Willy convened this Special Session of Commissioners’ Court at
9:00 A.M. and Commissioner Stanley led the audience in the invocation and
pledge allegiance.
ORDER NO. 2
RE:
APPROVING PREVIOUS COMMISSIONERS
COURT MINUTES
That the following Commissioners’ Court Minutes dated APRIL 13TH,
2004 be approved as presented.
Motion carried, all present voting aye.
PUBLIC APPEARANCES:
A.
Florin Vrazel - C.R. 171 Bridge @ Austin Bayou (Pct. 2)
B.
George Prince - Drainage (Pct. 2)
C.
Kay Mudd
- Appointment of Justice of Peace Pct 3
FORMAL APPEARANCES:
A.
Brazoria County Detention Center – Siemens Technologies, Inc.
B.
Comprehensive Annual Financial Report for FY2003 – Tom
Masters of Kennemer, Masters, Koester & Wallace, LLC
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 134
UNFINISHED BUSINESS:
ORDER NO. 3
RE:
FREEPORT ENERGY CENTER, LP TAX
ABATEMENT APPLICATION: ORDER GRANTING
TAX ABATEMENT
Motion by Commissioner Clawson, seconded by Commissioner Payne
that the following action be taken by the Court:
That the application for tax abatement of FREEPORT ENERGY CENTER,
LP attached hereto be granted in accordance with the Guidelines and Criteria
for Granting Tax Abatement in a Reinvestment Zone created in Brazoria
County; that the subject location described in the attached application be
designated a reinvestment zone for tax abatement purposes in accordance with
the guidelines and criteria of Brazoria County and applicable law; and further
that the County Judge be authorized to execute a tax abatement with
FREEPORT ENERGY CENTER, LP in accordance with the same guidelines and
criteria.
Motion carried, all present voting aye.
CONSENT AGENDA:
ORDER NO. 4
RE:
PETITION FOR CREATION OF BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICT NO. 30
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
The Court hereby certifies that a true and correct copy of the Petition for
Creation of Brazoria County Municipal Utility District No. 30 has been received
and that no objections exist in regard to the creation of same, and further that
the County Judge is authorized to sign the certifications evidencing such
receipt on behalf of the Commissioners’ Court.
Motion carried, all present voting aye.
ORDER NO. 5
RE:
APPROVAL OF AGREEMENT BETWEEN JUSTICE
OF THE PEACE PRECINCT 1, PLACE 1; JUSTICE
OF THE PEACE PRECINCT 1, PLACE 2; AND THE
COUNTY CLERK TRANSFERRING THE REGISTRY
OF BIRTHS AND DEATHS
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
1.
The Court finds that the Justice of the Peace Precinct One, Place One;
Justice of the Peace Precinct One, Place Two and the County Clerk have
agreed to transfer the registry of births and deaths for Precinct One,
Place One and Precinct One, Place Two to the County Clerk’s Office and
that such transfer would provide a more efficient registry for the citizens
of Brazoria County.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 135
2.
It is therefore ordered pursuant to Texas Health and Safety Code
191.022 (a) that the agreement be approved and that the duties of
registering births and deaths in Precinct One, Place One and Precinct
One, Place Two be transferred to the County Clerk effective May 11,
2004. It is further ordered that all such records presently in possession
of the Justice of the Peace for Precinct One, Place One and Justice of the
Peace for Precinct One, Place Two be delivered to the County Clerk on
the effective date.
3.
That a certified copy of this order be delivered to the Justice of the Peace
Precinct One, Place One; Justice of the Peace Precinct One, Place Two
and to the County Clerk.
Motion carried, all present voting aye.
ORDER NO. 6
RE:
ALTERNATE ELECTION JUDGE APPOINTMENT
COUNTING STATION
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following be appointed as Alternate Election Judge for the Counting
Station, for the remainder of the unexpired term ending July 31, 2004.
COUNTING STATION – Alternate Judge
Patricia DeVille, 1270 CR 201A, Angleton, Texas 77515
Motion carried, all present voting aye.
ORDER NO. 7
RE:
CITY OF MANVEL & BRAZORIA COUNTY
INTERLOCAL AGREEMENT
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
1.
The Court finds that the proposed interlocal agreement with the City of
Manvel granting a 25 foot easement along Corporate Drive and a 40 foot
easement along State Highway 6 on County property where the Manvel Annex is
to be constructed is appropriate and should be approved.
2.
It is therefore ordered that the proposed interlocal agreement with the
City of Manvel is approved.
3.
The County Judge is authorized to sign the interlocal agreement and any
related documents on behalf of Brazoria County, Texas.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 136
ORDER NO. 8
RE:
STATE OF TEXAS DATABASE ACCESS
AGREEMENT (OAG CONTRACT NO. 04-0323)
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Approve the State of Texas Database Access Agreement – OAG Contract
No. 04-0323 between the Office of the Attorney General and Brazoria County for
child support services. Further, that the County Judge be authorized to sign
said Agreement on behalf of the County and that a certified copy of this order
be sent to the District Clerk and the Brazoria County Child Support Division.
Motion carried, all present voting aye.
ORDER NO. 9
RE:
BRAZORIA COUNTY TAX OFFICE MONTHLY
COLLECTIONS REPORT – MARCH, 2004*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Acceptance of the Brazoria County Tax Office Monthly Collections Report
for March, 2004.
Motion carried, all present voting aye.
ORDER NO. 10
RE:
APPROVE THE CONTRACT FOR TAX
COLLECTONS FOR THE ASSESSMENT AND
COLLECTION OF TAXES RENDERED FOR
AND ON BEHALF OF THE BRAZORIA COUNTY
FRESHWATER SUPPLY DISTRICT NO. 1
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Approval of the Contract of Tax Collections for the assessment and
collection by the Tax Assessor-Collector of the County of Brazoria of taxes
rendered for and on behalf of the Brazoria County Fresh Water Supply District
No. 1 upon the district’s invocation of Section 6.23 of the Property Tax Code of
the State of Texas. Further that the County Judge be authorized to sign said
contact on behalf of the County.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 137
ORDER NO. 11
RE:
CONSIDER RE-APPOINTING DAVID ROGERS,
GARVIN GERMANY AND CLYDE BARTON TO
THE BRAZORIA COUNTY AIRPORT ADVISORY
BOARD
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
IT IS HEREBY ORDERED that:
1.
DAVID ROGERS be appointed to serve as a member of the Brazoria
County Advisory Board as an at-large representative.
2.
GARVIN GERMANY be appointed to serve as a member of the Brazoria
County Airport Advisory Board as representative of Precinct 4.
3.
CLYDE BARTON be appointed to serve as a member of the Brazoria
County Airport Advisory Board as a representative of Precinct 2.
Motion carried, all present voting aye.
ORDER NO. 12
RE: APPROVING ACCOUNTS PAYABLE
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following checks payable through MAY 10TH, 2004 be approved as
presented: # 76616 THROUGH #78231.
Motion carried, all present voting aye.
ORDER NO. 13
RE:
RECORD BUDGETS FOR OTHER FUNDS: FY2004
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That the Brazoria County Fund activity items listed in the detail below be
amended in accordance with Local Government Code 111.011 FY 2004:
Sheriff Contraband Forfeiture450000 (Capital)
130 430 $30,000
Additional funds are needed for a vehicle replacement and construction of a bullet
recovery tank. Reserve funds are available for the expenditures.
DA-Juvenile Prosecutor390100(Trans from Gen Fnd) 242
700000(Trans to other fund) 100
County’s local match
260
260
($3,257)
$3,257
DA-Crime Victim Assist 390100(Trans from Gen Fnd) 263
700000(Trans to other fund) 100
County’s local match
260
260
($8,695)
$8,695
FEMA- Hurricane
390100(Trans from Gen Fnd)
Claudette
700000(Trans to other funds)
County’s local match for expenses through 4/30/04
711
711
($10,025)
$10,025
272
100
Camp Mohawk County 390100(Trans from Gen Fnd) 271 717 ($109,371)
Park
700000(Trans to other funds) 100 711
$109,371
County’s 50% match for expenses through 4/30/04. Total project cost
$1,000,000
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 138
Emergency Utility Assistance420000 (Operating)
294 665 $10,000
Record budget amendment for Emergency Utility Assistance program
administered by County Welfare. Reserve funds are available for the
expenditures.
LEOSE – DA
420000
LEOSE – Pct 1
420000
LEOSE – Pct 2
420000
LEOSE – Pct 3
420000
LEOSE – Pct 4
420000
LEOSE – Sheriff
420000
Reserve funds are available
(Operating)
(Operating)
(Operating)
(Operating)
(Operating)
(Operating)
CPS – Title IV-E
Foster Care
390100(Trans from Gen Fnd)
Maintenance
700000(Trans to other funds)
County’s local match for 1st & 2nd quarter
CPS – Title IV-E
Legal Fees
390100(Trans from Gen Fnd)
700000(Trans to other funds)
County’s match for 1st and 2nd quarter
324
324
324
324
324
324
260
411
412
413
414
430
$ 2,530.67
$ 1,233.29
$ 1,761.54
$ 2,589.68
$ 5,087.09
$86,377.07
340
100
660
660
($9,375)
$9,375
341
100
260
260
($8,489.60)
$8,489.60
Motion carried, all present voting aye.
ORDER NO. 14
RE:
CONDITIONAL APPROVAL OF APPLICANTS FOR
HOMEBUYER ASSISTANCE UNDER THE
BRAZORIA COUNTY FIRST TIME HOMEBUYER
PROGRAM IN AN AMOUNT NOT TO EXCEED
$5,000
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Conditionally approve the following applicants for homebuyer assistance
under the Brazoria County First Time Homebuyer Program in an amount up to
$5,000 and authorize the County Judge to execute homebuyer agreements with
the applicants.
Applicant
Property to be Purchased
Glenn & Michelle Murray
Stacy & DeShawna Simple
20954 E Hwy 35, Old Ocean 77463
205 Avenue H, Brazoria 77422
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 139
ORDER NO. 15
RE:
CONDITIONAL APPROVAL OF APPLICANTS FOR
REHABILITATION/RECONSTRUCTION UNDER
THE HOME PROGRAM
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Consider approving the following homeowners for
rehabilitation/reconstruction assistance under the 2002/2003 Brazoria County
HOME Program conditioned upon them meeting all program requirements and
authorizing the County Judge to execute reconstruction agreements with the
following applicants:
Rehabilitation Applicant
Property Address
Est. Cost
Paul Kellie
Deborah J. Scott
731 W. Fifth Street, Freeport, TX
1611 Ave. H, Danbury, TX
$30,000
$30,000
Reconstruction Applicant
Property Address
Est. Cost
Frankie & Debra Williams
Thomas & Blanca Burris
319 Brown, West Columbia, TX
911 W. 11th Street, Freeport, TX
$70,000
$70,000
Motion carried, all present voting aye.
ORDER NO. 16
RE:
APPROVE INTERDEPARTMENTAL AGREEMENT
FOR CDBG GRANT FUNDS.
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Approve blanket Interdepartmental Agreement between Brazoria County
Community Development Department and the Brazoria County Engineering
Department for CDBG projects within the County.
Motion carried, all present voting aye.
ORDER NO. 17
RE:
CONTRACT BETWEEN BRAZORIA COUNTY AND
THE ATTORNEY GENERAL OF TEXAS
REGARDING STATE CASE REGISTRY AND LOCAL
CUSTOMER SERVICE (NO. 04-CO341)
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Approve the Cooperative Agreement between the Office of the Attorney
General of the State of Texas and Brazoria County regarding State Case
Registry and Local Customer Service, (No. 04-C0341). Further, that the County
Judge be authorized to sign said Agreement on behalf of the County and that a
certified copy of this order be sent to the District Clerk and the Brazoria County
Child Support Division.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 140
ORDER NO. 18
RE:
PURCHASED CPS SERVICE CONTRACT
#23305940 AMENDMENT #1
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Approve Amendment No. 1 to the Purchased CPS Services Contract with
Brazoria County, No. 23305940 to increase the contract by $800.00 for
purchasing additional units of service and amend the term to include May 18,
2004 through August 31, 2004. Further that the County Judge be authorized
to sign said Amendment on behalf of Brazoria County.
Motion carried, all present voting aye.
ORDER NO. 19
RE:
FY 05 SOLID WASTE GRANT APPLICATION*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Approve the FY 05 Solid Waste Grant Application for the Environmental
Health Department in the amount of $56,983.00. The Applicant’s share in the
amount of $67,758.00 consists of the salaries of two current solid waste
inspectors in the department; therefore no additional County funds will be
required. Further that a certified copy of this order be sent to the
Environmental Health Department.
Motion carried, all present voting aye.
ORDER NO. 20
RE:
FLU SHOTS FOR COUNTY EMPLOYEES
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Approval for the Brazoria County Health Department to administer flu
shots to County employees in the fall at an approximate cost of $3,200.00.
Funds are available for the vaccine.
Motion carried, all present voting aye.
ORDER NO. 21
RE:
BRAZORIA COUNTY MOSQUITO CONTROL
DISTRICT MONTHLY REPORT – APRIL, 2004
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Approve the Brazoria County Mosquito Control District Monthly Report
for the month of April, 2004.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 141
ORDER NO. 22
RE:
PERMISSION TO ADVERTISE FOR ABATEMENT
OF TWO (2) PUBLIC NUISANCES AT 306 GOLIAD
COUNTY ROAD 821 IN CLUTE AND 3104 COUNTY
ROAD 890 IN ALVIN*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That upon recommendation of the Brazoria County Environmental
Department, the County Purchasing Agent is requesting permission to advertise
bids for the abatement of the public nuisance at 306 Goliad County Road 821
in Clute and 3104 County Road 890 in Alvin. The nuisances are two (2)
abandoned trailers and one (1) home, respectively, that will be demolished and
all debris removed from the property.
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
ORDER NO. 23
RE:
TRANSFER OF TWO (2) VEHICLES FROM
MOSQUITO CONTROL TO PARKS DEPARTMENT*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That upon recommendation of the County Purchasing Agent, permission
is requested that the Court allow the transfer of ownership on the following
Mosquito Control vehicles to the Parks Department for Parks use:
1992 Ford F150, License Plate #615288
1992 Ford F150 4X4, License Plate #615287
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
ORDER NO. 24
RE:
PERMISSION TO ADVERTISE FOR ITB #04-51
ASPHALT, OIL & EMULSIONS
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That upon recommendation of the County Purchasing Agent, permission
is requested to advertise for bids on asphalt, oil & emulsions.
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 142
ORDER NO. 25
RE:
PERMISSION TO ADVERTISE FOR REMOVAL OF
JUNK VEHICLE(S)*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That upon recommendation of the Brazoria County Environmental
Department, the County Purchasing Agent is requesting permission to advertise
bids for the removal of junk vehicle(s) located at 306 Goliad County Road 821 in
Clute.
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
ORDER NO. 26
RE:
PERMISSION TO ADVERTISE FOR BIDS FOR ITB
#04-56 CONSTRUCTION OF FIVE (5) CABINS AND
RANGER STATION/OFFICE AT CAMP MOHAWK
COUNTY PARK*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That upon recommendation of the County Purchasing Agent, permission
is requested to advertise for bids on materials for construction of five (5) cabins
and a Ranger station/office at Camp Mohawk County Park. Estimated
expenditure is $65,000.00 and will be funded by TPWD Grant.
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
ORDER NO. 27
RE:
PERMISSION TO ADVERTISE FOR OFFERS FOR
RFO #04-57 SECURITY CAMERA SYSTEM FOR
COUNTY AIRPORT*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That upon recommendation of the County Purchasing Agent, permission
is requested to advertise under the State of Texas alternative purchasing
procedure for offers on a security camera system for the County Airport.
Estimated budget is $35,000.00 and is funded under the Routine Airport
Maintenance Program (RAMP).
.
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 143
ORDER NO. 28
RE:
PERMISSION TO ADVERTISE FOR BIDS FOR ITB
#04-58 INSTALLATION OF FENCE, ELECTRONIC
GATE AND KEY CARD ENTRY SYSTEM FOR
COUNTY AIRPORT*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That upon recommendation of the County Purchasing Agent, permission
is requested to advertise for bids on installing fence, electronic gate and key
card entry system for the County Airport. Estimated budget is $18,000.00 and
is funded under the Routine Airport Maintenance Program (RAMP).
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
ORDER NO. 29
RE:
ACCEPT DONATION OF 800 MHZ RADIO*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Accept donation of one Motorola 800 mhz hand-held radio (MTS 2000,
Model 3, Serial No. 466ATS1268, MOD: H01UCH6PW1BN) purchased by
Deputy Constable Carlos Bustos with the intent of donating it to the County.
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
ORDER NO. 30
RE:
APPROVE PROJECTS UNDER BLANKET
INTERLOCAL AGREEMENTS FOR DIRECT
ASSISTANCE TO CITIES AND TOWNS*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That pursuant to provisions of Ch. 251.012, Transportation Code, as
amended by act of the State Legislature on May 26, 1999, this Court hereby
finds that the County will receive benefit as a result of the work on the streets
or alleys listed below; and the following projects are approved to be completed
as Road and Bridge Department schedules permit, and with all materials
furnished by the cities, in accordance with Interlocal agreements approved by
the Court and the applicable City Councils.
Further, that the County Engineer is authorized to sign acceptance
statements for the approved projects at the appropriate time and to authorize
the work.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 144
Further, that a certified copy of this order be furnished to the County
Engineer.
CITY
Bailey’s Prairie
Danbury
Jones Creek
Manvel
Richwood
DESCRIPTION OF PROJECT
Pin Oak Drive – Set culverts
Sally Lake Road – Patch potholes
Forrest Lane – Clean road ditches
Set culverts:
 1611 Avenue J
 1607 Avenue J
 1511 Avenue G
 1603 Avenue F
 2103 Avenue K
 1719 Avenue B
Clean ditches and culverts:
 Avenue I/11th St.
 5808 Avenue G
Set culverts:
 82 Nelson Court
 6403 Spencer
 Lee Avenue
Set culverts:
 9636 Gates Loop
Set culverts:
 Oyster Creek Court
APPRVD
DISAPP
Motion carried, all present voting aye.
ORDER NO. 31
RE:
INTERLOCAL AGREEMENT WITH THE
COLUMBIA- BRAZORIA INDEPENDENT SCHOOL
DISTRICT TO ASPHALT THE HIGH SCHOOL
STUDENT PARKING LOT (PRECINCT 4) No. 040019*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That the Interlocal Agreement with the Columbia-Brazoria Independent
School District be approved to furnish labor and equipment to remove the old
asphalt and resurface with new asphalt the High School student parking lot
east of the gymnasium adjacent to Roughneck Drive, on property owned by the
City, and with all materials to be furnished by the City, pursuant to Texas
Transportation Code Sec. 251.015, and the Interlocal Cooperation Act, Tex.
Gov. Code Sec. 791.001 et. Seq.
Reimbursement shall be made to the County for personnel and
equipment, if such costs exceed $5,000.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 145
Further, that under the terms of the Agreement, attached as Exhibit A,
the County will supply equipment with operators to asphalt the High School
student parking lot.
The County Judge is authorized to sign the above-referenced Interlocal
Agreement on behalf of the County.
A certified copy of this order shall be forwarded to the County Engineer.
Motion carried, all present voting aye.
ORDER NO. 32
RE:
INTERLOCAL AGREEMENT WITH THE
COLUMBIA- BRAZORIA INDEPENDENT SCHOOL
DISTRICT TO ASPHALT THE HIGH SCHOOL
TENNIS COURT PARKING LOT EAST OF THE
COURTS ADJACENT TO ROUGHNECK DRIVE
(PRECINCT 4) No. 04-0020*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That the Interlocal Agreement with the Columbia-Brazoria Independent
School District be approved to furnish labor and equipment to surface with new
asphalt the High School Tennis Court parking lot east of the courts adjacent to
Roughneck Drive, on property owned by the City, and with all materials to be
furnished by the City, pursuant to Texas Transportation Code Sec. 251.015,
and the Interlocal Cooperation Act, Tex. Gov. Code Sec. 791.001 et. Seq.
Reimbursement shall be made to the County for personnel and
equipment, if such costs exceed $5,000.
Further, that under the terms of the Agreement, attached as Exhibit A,
the County will supply equipment with operators to asphalt the High School
Tennis Court parking lot.
The County Judge is authorized to sign the above-referenced Interlocal
Agreement on behalf of the County.
Further, that a certified copy of this order shall be forwarded to the
County Engineer.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 146
ORDER NO. 33
RE:
INTERLOCAL AGREEMENT WITH THE CITY OF
SWEENY TO TRANSPORT AND LEVEL DIRT
WITHIN THE CITY LIMITS (PRECINCT 4)
No. 04-0021*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code and Section 251.015 of the Transportation Code, an
Interlocal Agreement be approved with the City of Sweeny to transport dirt from
its stockpile located on 2nd Street to a Baptist Church in Wild Peach, and level
out the remaining dirt, within City limits of Sweeny.
Reimbursement shall be made to the County for personnel and
equipment, if such costs exceed $5,000.
The County Judge is authorized to sign the above-referenced Interlocal
Agreement, attached as Exhibit A, on behalf of the County.
Further, that a certified copy of this order be furnished to the County
Engineer.
Motion carried, all present voting aye.
ORDER NO. 34
RE:
COOPERATIVE EFFORT TO IMPROVE THE
ACCESS ROAD NORTH OF FM 523 TO NORTH
TERMINUS NEAR THE WORLD IN NEED*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That whereas the access road on State Highway 288 from the Gulf Coast
Car Center north of FM 523 to the north end of the road near the World In Need
is presently in an un-surfaced condition, and
Whereas the Texas Department of Transportation (TxDOT) has requested
that Brazoria County work with the World In Need and TxDOT in a cooperative
effort to have this road upgraded, and
Whereas the World In Need has agreed to pay for material for the
upgrade, and
Whereas TxDOT has requested, by letter attached as Exhibit “ENG-C”,
that Brazoria County assist by providing manpower and equipment to lay hot
mix to surface the road, and has agreed to grant a permit to Brazoria County to
work within TxDOT right of way,
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 147
Now therefore, this Court hereby authorizes the Brazoria County Road
and Bridge Department to perform the requested work upon receipt of:
(1) A permit and/or letter from TxDOT acceptable to the District Attorney and
(2) Payment from the World In Need of the estimated cost of a sufficient
quantity of materials to complete the job, said materials to meet TxDOT’s
standards and
(3) A document acceptable to the District Attorney by which the World in Need
commits to pay for any required material in excess of the estimated cost.
Further, that a certified copy of this order shall be forwarded to the County
Engineer.
Motion carried, all present voting aye.
ORDER NO. 35
RE:
AUTHORIZATION TO SET PUBLIC HEARING
REGARDING BRIDGE LOAD LIMITS RESULTING
FROM BRINSAP INSPECTIONS*
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That the County Engineer be authorized to advertise for a public hearing
pursuant to Section 251.152 of the Transportation Code, regarding the revision
of the Bridge Load Postings as presented by TxDOT. Said public hearing to be
held on Tuesday, May 25, 2004 in the Commissioner’s Courtroom, Room 307
Whereas the following bridges have been repaired and/or replaced, load
limits are no longer required and the load limit signs shall be removed from said
bridges in accordance with recommendations resulting from the BRINSAP
inspections:
Precinct 2
CR 143 @ Drainage Ditch - AA0690-001
CR 143 @ Drainage Ditch – AA0690-003
CR 207 @ King Creek – AA0906-001
CR 90 @ Mustang Bayou – AA2025-001
CR 99 @ Chigger Creek – AA0690-006
CR 89 @ S. Fork Mary’s Creek – AA0564-001
Precinct 3
CR 424 @ Drainage Ditch – AA0936-001
Precinct 4
CR 288 @ Drainage Ditch – AA1017-002
CR 59 @ American Canal – AA0546-001
CR 31 @ Oyster Creek – AA0110-001
CR 372 @ Drainage Ditch - AA0379-001
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 148
Further, load limit changes resulting from the said BRINSAP inspections
are required for the bridges listed below in accordance with recommendations
resulting from the BRINSAP inspections. Therefore, appropriate signs shall be
posted as follows:
Precinct 1
Structure ID
AA0843-001
AA0859-001
Road
CR 167
CR 170
Crosses
Gulf Coast Water Canal
Drainage Ditch
Load Limit
17500
A or T
15000
A or T
Precinct 2
Structure ID
AA0510-001
AA0691-001
AA0707-002
AA0707-003
AA0765-001
AA0825-001
AA2028-001
Road
CR 81
CR 95
CR 541
CR 144
CR 180
CR 192
CR 89
Crosses
W. Fork Choc. Bayou
Mustang Bayou
Chigger Creek
Drainage Ditch
Drainage Ditch
Drainage Ditch
American Canal
Load Limit
17500
A or T
12500
A or T
12500
A or T
10000
A or T
15000
A or T
17500
A or T
7500
A or T
Precinct 3
Structure ID
AA0652-002
AA0663-001
AA0920-001
Road
CR 128
CR 129
CR 155
Crosses
Drainage Ditch
Cowart Creek
Drainage Ditch
Load Limit
12500
A or T
12500
A or T
7500
A or T
Crosses
Mustang Bayou
Oyster Creek
Load Limit
17500
A or T
5000
A or T
Precinct4
Structure ID
AA0084-001
AA0479-001
Road
CR 84
CR 290
Further, that a certified copy of this order be furnished to the County
Engineer.
Motion carried, all present voting aye.
END CONSENT AGENDA
ORDER NO. 36
RE:
RESOLUTION IN SUPPORT OF ALTERNATE
ROUTE SOUTH-NEW BE CONSIDERED FOR
THE GRAND PARKWAY*
Motion by Commissioner Payne, seconded by Commissioner Harris that
the following action be taken by the Court:
Approve the Resolution in support of the route designated as South –
New be considered as an alternative route for the construction of SH 99 (The
Grand Parkway).
(See Page:148A)
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 149
ORDER NO. 37
RE:
CONSIDER AUTHORIZING LEGAL ACTION TO
OPEN RIGHT OF WAY TO PUBLIC
Motion by Commissioner Payne, seconded by Commissioner Clawson
that the following action be taken by the Court:
1.
The Court finds that a platted eighty foot wide right of way located
between Lots 315, 316, 317 and 318 on its west side and Lots 297, 298, 299
and 300 on its east side in the Brazos Coast Investment Co. Subdivision No. 13
which intersects with County Road 434 cannot be used by the public because
of fencing and placement of certain materials.
2.
The District Attorney is authorized to institute any legal action necessary
to insure that the above described right of way be opened and remain opened to
the public.
3.
Expenses shall be paid from the court cost fund.
Motion carried, all present voting aye.
ORDER NO. 38
RE:
CONSIDER APPOINTING GORDON STARKENBURG
TO FILL THE VACANT POSITION OF JUSTICE OF
THE PEACE, PRECINCT THREE, PLACE TWO
Motion by Commissioner Harris, seconded by Commissioner Clawson
that the following action be taken by the Court:
IT IS HEREBY ORDERED pursuant to Section 87.041 of the Texas Local
Government Code and Article V, Section 28 of the Texas Constitution, that
GORDON STAKENBURG be appointed to serve as Justice of the Peace, Precinct
Three, Place Two until the next general election.
Motion carried, all present voting aye.
ORDER NO. 39
RE:
APPROVAL OF FISCAL YEAR 2003 AUDIT
Motion by Commissioner Harris, seconded by Commissioner Stanley that
the 2003 Comprehensive Annual Financial Report for Brazoria County be
approved and filed with the County Clerk.
Motion carried, all present voting aye.
ORDER NO. 40
RE:
LINE ITEM TRANSFERS: FY2004
Motion by Commissioner Clawson, seconded by Commissioner Payne
that the following action be taken by the Court:
That the Brazoria County General Fund activity items listed in the detail
below be amended in accordance with Local Government Code 111.011 FY
2004:
Juvenile
420000 (Operating)
450000 (Capital)
Motion carried, all present voting aye.
100
100
510
510
$3,431
($3,431)
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 150
ORDER NO. 41
RE:
ADDITIONAL FUNDS: FY2004
Motion by Commissioner Harris, seconded by Commissioner Clawson
that the following action be taken by the Court:
That the Brazoria County General Fund activity items listed in the detail
below be amended in accordance with Local Government Code 111.011 FY
2004:
Health Department 420000(Operating)
100
651
$3,800
Budget increase in insurance account due to increase in annual Insurance
premium (Malpractice) for Dr. O'Gorman. Budget increase in Building Rent
account due to increase in rent at the Alvin clinic that includes a maintenance
fee. The new contract was approved by Judge Willy in 2002.
Motion carried, all present voting aye.
ORDER NO. 42
RE:
OPEN PUBLIC HEARING REGARDING CDBG
FUNDS
Motion by Commissioner Harris, seconded by Commissioner Clawson
that the following action be taken by the Court:
Open Public Hearing regarding CDBG Grant funds as follows:
2001 CDBG funds
Consider request from Commissioner Pct. 3 to reallocate $10,000.00 from 2001
Pearland Drainage Study to Alvin Community College Pharmacy Technology
Program.
2002 CDBG funds
Consider request from Commissioner Pct. 3 to reallocate $1,399.00 from 2002
Pearland Senior Citizen’s Bus to CR 410 Road Improvement Project.
2003 CDBG funds
Consider request from City of Brazoria for a contract extension for their 2003
Brazoria Drainage Improvement Project to July 31, 2004 in order to expend their
funds.
Consider request from City of Lake Jackson to revise their 2003 Lake Jackson
Community Development Plan and Income Survey Project to a Household Code
Enforcement Inspection Project.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 151
ORDER NO. 43
RE:
CLOSE PUBLIC HEARING REGARDING CDBG
FUNDS
Motion by Commissioner Harris, seconded by Commissioner Clawson
that the following action be taken by the Court:
Close Public Hearing regarding CDBG Grant funds as follows:
2001 CDBG funds
Request from Commissioner Pct. 3 to reallocate $10,000.00 from 2001 Pearland
Drainage Study to Alvin Community College Pharmacy Technology Program.
2002 CDBG funds
Request from Commissioner Pct. 3 to reallocate $1,399.00 from 2002 Pearland
Senior Citizen’s Bus to CR 410 Road Improvement Project.
2003 CDBG funds
Request from City of Brazoria for a contract extension for their 2003 Brazoria
Drainage Improvement Project to July 31, 2004 in order to expend their funds.
Request from City of Lake Jackson to revise their 2003 Lake Jackson Community
Development Plan and Income Survey Project to a Household Code Enforcement
Inspection Project.
Motion carried, all present voting aye.
ORDER NO. 44
RE:
APPROVE REQUESTS REGARDING CDBG FUNDS*
Motion by Commissioner Harris, seconded by Commissioner Payne
that the following action be taken by the Court:
Approve requests regarding CDBG Grant funds as follows:
2001 CDBG funds
Approve request from Commissioner Pct. 3 to reallocate $10,000.00 from 2001
Pearland Drainage Study to Alvin Community College Pharmacy Technology
Program.
2002 CDBG funds
Approve request from Commissioner Pct. 3 to reallocate $1,399.00 from 2002
Pearland Senior Citizen’s Bus to CR 410 Road Improvement Project.
2003 CDBG funds
Approve request from City of Brazoria for a contract extension for their 2003
Brazoria Drainage Improvement Project to July 31, 2004 in order to expend their
funds.
Approve request from City of Lake Jackson to revise their 2003 Lake Jackson
Community Development Plan and Income Survey Project to a Household Code
Enforcement Inspection Project.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 152
ORDER NO. 45
RE:
REQUEST FOR OUT OF STATE TRAVEL – TEXAS
COOPERATIVE EXTENSION AGENCY
Motion by Commissioner Clawson, seconded by Commissioner Payne
that the following action be taken by the Court:
Approve request for out of state travel to allow Wendy Monical, Texas
Cooperative Extension Agent, to attend the Southern Community Development
Educator’s Conference in Tampa, Florida from May 18-21, 2004. There will be
no cost to the county for attending or traveling to this conference.
Motion carried, all present voting aye.
ORDER NO. 46
RE:
CONSIDER APPROVAL OF STRAIGHTTIME/OVER-TIME REPORTS FOR THE MONTH
OF APRIL 2004*
Motion by Commissioner Payne, seconded by Commissioner Stanley that
the following action be taken by the Court:
Approve the straight-time/over-time reports for the month of April 2004,
which are attached here as Exhibits A and B. Also attached here, as Exhibit C,
is a "Special Earnings Report" that shows the additional over-time expenses
that were incurred at the Detention Center due to the inoperability of the new
jail intercom system.
The month of April included two bi-weekly pay periods that began on
March 20, 2004 and ended April 16, 2004, during which time a total of
$54,516.53 in over-time wages were paid. Of that total, 76.4% ($41,671.43)
was due to the inoperability of the new jail intercom system. This means that
"other" over-time costs for the month were $12,845.10, which is significantly
less than the previous six month average of $18,679.14.
Based on the estimated date for completion of the new jail intercom
system of April 30 there is at least one remaining bi-weekly pay period that will
include additional over-time related expenses. This means that the next
monthly report (for May) should reflect the final over-time related expenses for
that project.
The average of the total straight-time hours paid at the Sheriff's Office
(Department 430) per employee per bi-weekly pay period was 83.65. At the
Detention Center (Department 500) the average was 85.78 hours, up from an
average of 83.53 hours paid during the previous month. The combined average
of the two departments was 84.72 hours, which is slightly above the 84.00
hours per employee per bi-weekly payroll that is provided for in the straighttime budget.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 153
ORDER NO. 47
RE:
AUTHORIZE DISABLED VETERANS DISCOUNT
AT COUNTY OWNED R.V. PARKS
Motion by Commissioner Payne, seconded by Commissioner Stanley that
the following action be taken by the Court:
Upon the recommendation of the Board of Park Commissioners, that
Commissioners’ Court authorize a 50% discount on user fees at County Owned
R.V. Campgrounds for Veterans with a 60% or more service connected
disability;
Further, that the Parks Department require proof of the 60% service
connected disability (certified by the Veterans Administration) prior to granting
the discount.
Motion carried, all present voting aye.
ORDER NO. 48
RE:
PERMISSION TO AWARD ITB #04-41 FLEET
MOWING FOR CENTRAL SERVICE CENTER*
Motion by Commissioner Clawson, seconded by Commissioner Payne
that the following action be taken by the Court:
That upon recommendation of the County Purchasing Agent, permission
is requested to award ITB #04-41 Fleet Mowing for Central Service Center (Pct.
2) to D&N Contractor of Angleton, Texas , who submitted the lowest and best
offer for the hourly rate amount of $35.48 for a tractor and 15-foot mower with
operator and $24.60 for a ½ ton pick-up and weed-eater with operator.
Further, that the County Judge be authorized to sign said Agreement on
behalf of Brazoria County.
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
ORDER NO. 49
RE:
PERMISSION TO AWARD ITB #04-40 ELEVATOR
INSTALLATION AT BRAZORIA COUNTY FACILITY
IN FREEPORT*
Motion by Commissioner Payne, seconded by Commissioner Stanley that
the following action be taken by the Court:
That upon recommendation of the County Purchasing Agent, permission
is requested to award ITB #04-40 Elevator Installation at Brazoria County
Facility in Freeport to Thyssen-Krupp, Inc. of Houston, Texas, subject to the
review and approval of the District Attorney Civil Division. Thyssen-Krupp
submitted the lowest and best offer for the amount of $28,400.00.
Further, that the County Judge be authorized to sign said Agreement on
behalf of Brazoria County.
Further, that a certified copy of this order be sent to the County
Purchasing Agent.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 154
ORDER NO. 50
RE
OPEN PUBLIC HEARING REGARDING BRIDGE
LOAD LIMITS RESULTING FROM BRINSAP
INSPECTIONS
Motion by Commissioner Clawson, seconded by Commissioner Payne,
that the following action be taken by the Court:
That a public hearing be opened for the revision of the Bridge Load
Postings as presented by TxDOT to the Road and Bridge Department.
Motion carried, all present voting aye.
ORDER NO. 51
RE
CLOSE PUBLIC HEARING REGARDING BRIDGE
LOAD LIMITS RESULTING FROM BRINSAP
INSPECTIONS
Motion by Commissioner Stanley, seconded by Commissioner Harris that
the following action be taken by the Court:
That the public hearing for the revision of the Bridge Load Postings as
presented by TxDOT to the Road and Bridge Department be closed.
Motion carried, all present voting aye.
ORDER NO. 52
RE:
AUTHORIZE REMOVAL OF BRIDGE LOAD LIMITS
RESULTING FROM BRINSAP INSPECTIONS
Motion by Commissioner Stanley, seconded by Commissioner Clawson
that the following action be taken by the Court:
That after a public hearing held this date to receive public comment; the
following Bridge Load Postings as presented by TxDOT for the road and bridge
department are hereby authorized to be posted.
Where as the following bridge has been replaced and/or repaired, load
limits are no longer required and the load limits signs shall be removed for the
following bridge in accordance with recommendation resulting from the
BRINSAP inspections:
CR 48 @ MUSTANG BAYOU – AA05-31-001 – PRECINCT 4
Further, that a certified copy of this order be furnished to the County
Engineer.
Motion carried, all present voting aye.
BRAZORIA COUNTY COMMISSIONERS’ COURT
SPECIAL SESSION – MAY 11, 2004
VOLUME 46 PAGE 155
ANNOUNCEMENTS:
At 9:50 A.M. Judge Willy recessed this Special Session of Commissioners’
Court. At 10:00 A.M. Commissioners’ Court entered into Closed Session with
all members present pursuant to V.T.C.A. Government Code, Chapter 551 to
discuss the following:
A.
Memorial Herman Hospital System vs. Brazoria County
At 10:01 A.M. Commissioners’ Court was again in open session, as no
further matters were to be had, Judge Willy adjourned this Special Session of
Commissioners’ Court at 10:04 A.M.
____________________________________
JUDGE JOHN WILLY
ATTEST:
JOYCE HUDMAN, COUNTY CLERK
BRAZORIA COUNTY
EX-OFFICIO MEMBER COMMISSIONERS’ COURT
BY: _________________________ Deputy
Shelly Moore