NOTICE OF MEETING FORT BEND COUNTY COMMISSIONERS COURT JANE LONG ANNEX, RICHMOND, TEXAS TUESDAY, JULY 29, 1997 9:00 O'CLOCK A.M. AGENDA 1. Call to Order. 2. Invocation and Pledge of Allegiance by Commissioner Meyers. 3. Approve minutes of meeting ofJuly 22,1997. 4. Announcements and Public Comments. 5. Approve line item transfers in budgets and funds. 6. Approve out-of-state travel requests for County personnel and enter into record the out- of-state travel requests for elected officials. 7. Approve agreements/contracts for County equipment or services. 8. Consider approving addendum to Red Cross agreement for specialized transportation services. 9. Consider appointing Architects for parking garage design and cost estimate. 10. Consider approving tax abatement between Fort Bend County and Dixie Carpet Installation, Inc. II. Consider approving third party rider agreement between Fort Bend County Emergency Medical Services and the City of Richmond Fire Department. 12. Consider approving cooperative agreement for Title IV-D Program between Fort Bend County and the Office of the Attorney General. 13. Consider approving appointment to the Sexually Oriented Businesses Committee. 14. Consider approving extended sick leave for County Clerk employee. 15. Consider requesting RFP's/Qualifications for payroll process. 16. HEAL TH DEPARTMENT: consider request for variance to septic system rules for Lawrence Janczak, Pct. 1. 17. LIBRARY: consider approving the following: (I) pay application #4 in the amount of $40,744.00 from Juarez Construction, Inc. for construction renovations to the Albert George Branch Library, Needville; (2) invoice #H707053 in the amount of$10,845.89 from Hermes Reed Architects for architectural services for the Sugar Land Branch Library project. NOTICE Policy ofNon~Discrimination on the Basis of Disability Fort Bend County does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities. ADA Coordinator. RiskIManagement Insurance Dept., 309 S. 4th St., Suite 720, Travis Building, Richmond, Tens 77469. phone (713) 341-8618 has been designated to coodioate compliance with the non-discrimination requirements containtd in Section 35.107 of tbe Department of Justice regulations. * Information cOD«:rning the provisions of the Americans with Disabilities Act, and the right! provided thereunder, are available from the ADA coordinator. --,--
235
Embed
NOTICE OF MEETING FORT BEND COUNTY COMMISSIONERS COURT …
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
NOTICE OF MEETINGFORT BEND COUNTY COMMISSIONERS COURT
JANE LONG ANNEX, RICHMOND, TEXASTUESDAY, JULY 29, 1997
9:00 O'CLOCK A.M.
AGENDA
1. Call to Order.
2. Invocation and Pledge of Allegiance by Commissioner Meyers.
3. Approve minutes of meeting ofJuly 22,1997.
4. Announcements and Public Comments.
5. Approve line item transfers in budgets and funds.
6. Approve out-of-state travel requests for County personnel and enter into record the out-of-state travel requests for elected officials.
7. Approve agreements/contracts for County equipment or services.
8. Consider approving addendum to Red Cross agreement for specialized transportationservices.
9. Consider appointing Architects for parking garage design and cost estimate.
10. Consider approving tax abatement between Fort Bend County and Dixie CarpetInstallation, Inc.
II. Consider approving third party rider agreement between Fort Bend County EmergencyMedical Services and the City of Richmond Fire Department.
12. Consider approving cooperative agreement for Title IV-D Program between Fort BendCounty and the Office of the Attorney General.
13. Consider approving appointment to the Sexually Oriented Businesses Committee.
14. Consider approving extended sick leave for County Clerk employee.
15. Consider requesting RFP's/Qualifications for payroll process.
16. HEAL TH DEPARTMENT: consider request for variance to septic system rules forLawrence Janczak, Pct. 1.
17. LIBRARY: consider approving the following: (I) pay application #4 in the amount of$40,744.00 from Juarez Construction, Inc. for construction renovations to the AlbertGeorge Branch Library, Needville; (2) invoice #H707053 in the amount of$10,845.89from Hermes Reed Architects for architectural services for the Sugar Land BranchLibrary project.
NOTICEPolicy ofNon~Discrimination on the Basis of Disability
Fort Bend County does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities.
ADA Coordinator. RiskIManagement Insurance Dept., 309 S. 4th St., Suite 720, Travis Building, Richmond, Tens 77469. phone (713) 341-8618 has been designatedto coodioate compliance with the non-discrimination requirements containtd in Section 35.107 of tbe Department of Justice regulations. * Information cOD«:rning theprovisions of the Americans with Disabilities Act, and the right! provided thereunder, are available from the ADA coordinator.
--,--
CQNSEl\ITAGENDA - ITEMS 18tbru 23:
18. CONSTABLE PCT. 2: consider approving reserve deputies Tyrone Brono andCraig Steven Davis with bond and oath.
20. ENGINEERING: consider approving the following:(1) request from Monarch Developments fTexas, Incorporated for variances fromthe requirements of Fort Bend County regulations for floodplain managementrelating to the construction of 12 houses in Gardens of Avalon Section Onesubdivision, 25 houses in the Waters of Avalon Section One subdivision, and theFort Bend County Levee Improvement District No. 14 Storm Water Pump Station,Pet. 4;(2) application from Fort Bend Telephone Company to attach a cable onto a bridgeover Ditch V-A; bury cable along Peek and Fry Roads, Pet. 3;(3) the plat for Mission Glen, Section 7, a replat of Sec.3, Lots 38-50, Blk. 7, Pet. 3.
21. FIRE MARSHALL: consider approving renewal bond #13735717 for LynnDeMartini Martin and renewal bond #13744875 for Curtis Lee Brown.
22. RISK MANAGEMENTIINSURANCE: consider accepting recommendation fromInsurance Committee to opt out of Health Insurance Portability and AccountabilityAct of 1996 and forward verification to Washington.
23. TAX ASSESSOR/COLLECTOR: (1) record in minutes the Tax/Assessor Collector'sJune 1997 monthly report; (2) approve two over $500 refunds; (3) considerapproving request to increase liability of the vault by $500.00.
24. Consider approving the following plats: (1) Waters of Avalon, Section 1, Pet. 4; (2)Gardens of Avalon, Section 1, Pet. 4; (3) New Territory Apartments, Pet. 4.
25. Discuss and consider taking action on county vehicles policy.
26. Consider approving Fairgrounds staging area site agreement with Houston Lighting andPower.
27. PURCHASING:(1) consider taking action on the following bids: a. Sale of jukebox Bid #97-074; b. saleof disk drives - Bid #97-075;(2) consider granting exemption to the competitive bid process as authorized by }262.024Texas Local Government Code for the purchase of a professional service from T/GEResources for site remediation.(3) consider taking action on Construction of East End Annex pursuant to Bid #96-062;(4) consider granting exemption to the competitive bid process as authorized by }262.024Texas Local Government Code for an item necessary because of unforeseen damage topublic property - public well repairs from Geophysical Drilling, Inc. for Road & Bridgefacility.
r--
28. Set public hearings for the following: (I) to change Summerfield Ridge Court toSummerfield Ridge Drive; (2) for traffic control plan for Fairchilds Area - Psencik Road,Fairchilds Road and Janda Road, Pet. I; (3) for Kingsbridge Park, Section 3, a partialreplat of Reserve "A" of Kings Landing, Pct.3; (4) the replat of Reserve F, Highway 6North Commercial Park, Section Two, Pet. 4.
29. 9:30 a.m.- Hold Public Meeting and consider taking action on the proposed OrderAdopting Rules of Fort Bend County, Texas for On Site Sewerage Facilities.
30. Approve bills.
31. Meet in Closed Session to discuss the following matters: (1) Threatened Litigation; (2)Land Matters (Pet. 1); (3) Personnel Matters (a. budget officer; b. department headevaluations), as authorized by TXGov.Code, Sec.551.071/072/074; and consider takingaction in Open Session.
32. Meet in budget workshop session.
33. Adjournment.
In the event any of the foregoing items are not covered in the time allocated on the date of this agenda,the County may order a continuance during the week until the discussion is completed on all items.
FILED ,OR RECORD
T'M~. ).55 ~JUL 2 5 199P' )
~~~county CI8IIt Fort Bend Co. Texas
Notice ofmeetingiagenda posted at Co house & Jane Long Annex, Richmond, Texas onFriday, July 25, 1997 by ---,'<-pi-i.!>' ",a--,,-,'""--I;~'","",-I ""1"-'--__ ,.
NOTICE OF MEETINGFORT BEND COUNTY DRAINAGE DISTRICT
BOARD OF DIRECTORSJANE LONG ANNEX, RICHMOND, TEXAS
TUESDAY, JULY 29,199710:00 O'CLOCK A.M.
AGENDA
1. Call to Order.
2. Consider renewal of interlocal agreement between the Drainage District and FortBend County M.D.D. No. 19, Pct.l.
3. Monthly report.
4. Adjournment.
In the event any of the foregoing items are not covered in the time allocated on the date of thisagenda, the County may order a continuance during the week until the discussion is completedon all items.
FILED FOR RECORD
TIMF= 1.55 ~. JUl 25 199
~,,~County Clerk Fort Bend Co. Texas ~1&1I/~
Mtc el D. Rozell, CHat an
Notice of meeting/agenda posted at Courthouse & Jane Long Annex, Richmond, Texason Friday, July 25, 1997 by i'a/lo. ~.¥W~t". .
NOTICE
Policy or Non-Discrimination on the Basis of Disability
Fort Bend County docs not discriminate: on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities.
ADA CoordiD2tor, RiskIManagcment Insurance Dept., 309 S. 4th St.. Suite 720. Travis Building, Richmond, Texas 77469, phone (713) 341.-8618 bas been designated10 coodioate compliance with the non-discrimination requirements contained in Section 35.107 of the Department of Justice regulations. * Information conceraing th~provisions of tbe Americans with DisabilitiCJ Act, and the right! provided thenunder, are available from the ADA coordinator.
ADDENDUM TO AGENDAFORT BEND COUNTY COMMISSIONERS COURT
JANE LONG ANNEX, RICHMOND, TEXASTUESDAY, JULY 29, 1997
9:00 O'CLOCK A.M.
The following item should be added to the agenda of Fort Bend County Commissioners Courtfor Tuesday, July 29th:
Meet in Closed Session to discuss the following matters: Litigation (a. Chester Sommersv. Fort Bend County, et. al; Cause #100678; b. Leanne Klentzman, et. al .v. Fort Bend County;Cause #H-97-2480), as authorized by TXGov.Code, Sec.551.071; and consider taking action inOpen Session.
FILED 'OR RECORD
TIMF=.U$'~..~~
/" JUL 25 19~"""~County Clerk Fort Bend Co. Texas
Notice of meeting/agenda Jlosted at Courthouse & Jane Long Annex, Richmond, Texas onFriday, July 29,1997 by l,-Lo-.. 1\ jUI..A<i .
NOTICEPolicy arNon-Discrimination on the Basis of Disability
Fort Bend County does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities.
ADA Coordinator, RiskIManagement Insurance Dept., 309 S. 4th St., Suite 720, Travis Building, Richmond, Texas 77469, pbone (713) 341.-8618bu been dtsigutcd10coodioatc compliance with the non-discrimination requirements contained in Section 35.107 of ebe Department of Justice regulations.· Information coneeraiog theprovisions of tbe Americans with Disabilities Act. and th~ rigbts provid~d th~r~under. are availabl~ from th~ ADA coordinator.
MINUTES
BE IT REMEMBERED, That on this 29TH DAY of JULY, 1997, Commissioners Court of FortBend County, Texas, met at a scheduled meeting with the following present:
MICHAEL D. ROZELL COUNTY JUDGE
R.L. "BUD" O'SHIELES COMMISSIONER PRECINCT #1
ANDY MEYERS COMMISSIONER PRECINCT #3
BOB LUTTS COMMISSIONER PRECINCT #4
LINDA MUNOZ for DIANNE WILSON COUNTY CLERK
Commissioner Prestage absent.
When the following were had and the following orders were passed to wit:
1. Call to Order.
Call to Order by Judge Rozell at 9:05 a.m.
2. Invocation and Pledge of Allegiance by Commissioner Meyers.
Invocation and Pledge of Allegiance by Commissioner Meyers.
3. Approve minutes of meeting of July 22, 1997.
Moved by Commissioner O'Shieles, Seconded by Commissioner Lutts, duly put andunanimously carried (3-0), it is ordered to approve minutes of meeting of July 22,1997.
4. Announcements and Public Comments.
None.
5. Approve line item transfers in budgets and funds.
Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly put andunanimously carried (3-0), it is ordered to approve line item transfers in budgets andfunds for EMERGENCY MANAGEMENT, ROAD & BRIDGE, PARKSDEPARTMENT and IMPACT COURT as presented by Robert Grayless, CountyAuditor.
6. Approve out-of-state travel requests for County personnel and enter into record theout-of-state travel requests for elected officials.
None.
-"-----
JULY 29, 1997
7. Approve agreements/contracts for County equipment or services.
None.
8. Consider approving addendum to Red Cross agreement for specializedtransportation services.
Moved by Commissioner O'Shie1es, Seconded by Commissioner Lutts, duly put andunanimously carried (3-0), it is ordered to approve addendum to Red Cross agreementfor specialized transportation services.
9. Consider appointing Architects for parking garage design and cost estimate.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to appoint DiStefano/Santopetro Architects forparking garage design and cost estimate.
10. Consider approving tax abatement between Fort Bend County and Dixie CarpetInstallation, Inc.:
Pass.
11. Consider approving third party rider agreement between Fort Bend CountyEmergency Medical Services and the City of Richmond Fire Department.
Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly put andunanimously carried (3-0), it is ordered to approve third party rider agreement betweenFort Bend County Emergency Medical Services and the City of Richmond FireDepartment.
12. Consider approving cooperative agreement for Title IV-D Program between FortBend County and the Office of the Attorney General.
Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to approve cooperative agreement for Title lV-DProgram between Fort Bend County and the Office of the Attorney General.
13. Consider approving appointment to the Sexually Oriented Businesses Committee.
Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, to appointPress Robinson, Stafford and Larnita Mills, Missouri City, Texas.
MOTION WITHDRAWN.
2
JULY 29, 1997
14. Consider approving extended sick leave for County Clerk employee.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to approve 22 days extended sick leave for JanEasley, County Clerk employee.
15. Consider requesting RFP'siQualifications for payroll process.
Moved by Commissioner Meyers, Seconded by Commissioner Lutts, duly put and andunanimously carried (3-0), it is ordered to authorize purchasing agent to request statementof qualifications from qualified payroll processing vendors.
16. HEALTH DEPARTMENT: consider request for variance to septic system rules forLawrence Janczak, Pet. 1.
Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly put andunanimously carried (3-0), it is ordered to approve request for variance to septic systemrules for Lawrence Janczak, Pct. I.
17. LIBRARY: consider approving the following:
(1) pay application #4 in the amount of$40,744.00 from Juarez Construction, Inc. forconstruction renovations to the Albert George Branch Library, Needville:
Moved by Commissioner O'Shieles, Seconded by Commissioner Lutts, duly put andunanimously carried (3-0), it is ordered to approve pay application #4 in the amount of$40,744 from Juarez Construction, Inc. for construction renovations to the Albert GeorgeBranch Library, Needville as presented by Roman Bohachevsky, Librarian.
(2) invoice #H707053 in the amount of$10,845.89 from Hermes Reed Architects forarchitectural services for the Sugar Land Branch Library project.
Moved by Commissioner Meyers, Seconded by Commissioner Lutts, duly put andunanimously carried (3-0), it is ordered to approve invoice #H707053 in the amount of$10,845.89 from Hermes Reed Architects for architectural services for the Sugar LandBranch Library project.
18. CONSTABLE PCT. 2: consider approving reserve deputies Tyrone Brono andCraig Steven Davis with bond and oath.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to approve reserve deputies Tyrone Brono andCraig Steven Davis with bond and oath for Constable Pct. 2.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to approve the 1997/1998 Polling Sites, ElectionJudges and Alternate Judges.
3
JULY 29, 1997
20. ENGINEERING: consider approving the following:(1) request from Monarch Developments fTexas, Incorporated for variances fromthe requirements of Fort Bend County regulations for Ooodplain managementrelating to the construction of 12 houses in Gardens of Avalon Section Onesubdivision, 25 houses in the Waters of Avalon Section One subdivision, and theFort Bend County Levee Improvement District No. 14 Storm Water Pump Station,Pet. 4;(2) application from Fort Bend Telephone Company to attach a cable onto a bridgeover Ditch V-A; bury cable along Peek and Fry Roads, Pet. 3;(3) the plat for Mission Glen, Section 7, a replat ofSec.3, Lots 38-50, Blk. 7, Pet. 3.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to approve items 20(1) through 20(3) forEngineering Department.
21. FIRE MARSHALL: consider approving renewal bond #13735717 for LynnDeMartini Martin and renewal bond #13744875 for Curtis Lee Brown.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to approve renewal bond #13735717 for LynnDeMartini Martin and renewal bond #13744875 for Curtis Lee Brown for Fire Marshal.
22. RISK MANAGEMENT/INSURANCE: consider accepting recommendation fromInsurance Committee to opt out of Health Insurance Portability and AccountabilityAct of 1996 and forward verification to Washington.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to accept recommendation from InsuranceCommittee to opt out of Health Insurance Portability and Accountability Act of 1996 andforward verification to Washington.
23. TAX ASSESSOR/COLLECTOR:
(1) record in minutes the Tax/Assessor Collector's June 1997 monthly report.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to record in minutes the Tax/Assessor Collector'sJune 1997 monthly report.
(2) approve two over $500 refunds.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to approve two over $500 refunds for thefollowing:
Norwest Mortgage Inc.Franklin D. and Betty J. Webster
$1,618.75$ 770.92
(3) consider approving request to increase liability of the vault by $500.00.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to approve request to increase liability of thevault by $500.
4
JULY 29. 1997
24. Consider approving the following plats: (1) Waters of Avalon, Section 1, Pet. 4; (2)Gardens of Avalon, Section 1, Pet. 4; (3) New Territory Apartments, Pet. 4.
Moved by Commissioner Lutts, Seconded by Commissioner Meyers, duly put andcarried, with Commissioner O'Shieles abstaining on items 24(1 & 2), it is ordered toapprove the following plats:
(1) Waters of Avalon, Section I, Pct. 4(2) Gardens of Avalon, Section 1, Pct. 4(3) New Territory Apartments, Pct. 4
25. Discuss and consider taking action on county vehicles policy.
Moved by Commissioner Meyers, Seconded by Commissioner Lutts, duly put andunanimously carried (3-0), it is ordered to authorize the use of county vehicles be subjectto approval of Commissioners Court and that Commissioners Court form and establish avehicle policy committee composed of Sid McArthur, Vehicle Maintenance, GilbertJalomo, Purchasing Agent, Andy Meyers, Commissioner Pct. 3 and Bud O'Shieles,Commissioner Pct. I to write a county policy on county vehicles which will be submittedto Commissioners Court for consideration and approval.
26. Consider approving Fairgrounds staging area site agreement with Houston Lightingand Power.
Moved by Commissioner Lutts, Seconded by Commissioner Meyers, duly put andunanimously carried (3-0), it is ordered to approve Fairgrounds staging area siteagreement with Houston Lighting and Power.
27. PURCHASING:(1) consider taking action on the following bids:
a. Sale of jukebox Bid #97-074; b. sale of disk drives - Bid #97-075.
Moved by Commissioner O'Shieles, Seconded by Commissioner Lutts, duly put andunanimously carried (3-0), it is ordered to authorize sale of jukebox, bid #97-074 and saleof disk drives, bid #97-075 to Singer Metal in the amount of $326.00 each as presentedby Gilbert Jalomo, Purchasing Agent.
(2) consider granting exemption to the competitive bid process as authorized by}262.024 Texas Local Government Code for the purchase of a professional servicefrom T/GE Resources for site remediation.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to grant exemption to the competitive bid processas authorized by }262.024 Texas Local Government Code for the purchase of aprofessional service from T/GE Resources for site remediation at a cost of $28,057 (to bereimbursed by TNRCC) as presented by Gilbert Jalomo, Purchasing Agent.
5
JULY29, 1997
item #27 continued - Purchasing:
(3) consider taking action on Construction of East End Annex pursuant to Bid #96-062.
Pass.
(4) consider granting exemption to the competitive bid process as authorized by}262.024 Texas Local Government Code for an item necessary because of unforeseendamage to public property - public well repairs from Geophysical Drilling, Inc. forRoad & Bridge facility.
Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly put andunanimously carried (3-0), it is ordered to grant exemption to the competitive bid processas authorized by }262.024 Texas Local Govermnent Code for an item necessary becauseof unforeseen damage to public property - public well repairs from Geophysical Drilling,Inc. for Road & Bridge facility at a cost of $16,090 as presented by Gilbert Jalomo,Purchasing Agent.
28. Set public hearings for the following:(1) to change Summerfield Ridge Court to Summerfield Ridge Drive; (2) for trafficcontrol plan for Fairchilds Area - Psencik Road, Fairchilds Road and Janda Road,Pet. 1; (3) for Kingsbridge Park, Section 3, a partial replat of Reserve "A" of KingsLanding, Pct.3; (4) the replat of Reserve F, Highway 6 North Commercial Park,Section Two, Pet. 4.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to set public hearings at 9:30 a.m. on August 26,1997 for item 28 (I & 2) and set public hearings at 9:30 a.m. on September 2,1997 foritem 28(3 & 4).
29. 9:30 a.m.- Hold Public Meeting and consider taking action on the proposed OrderAdopting Rules of Fort Bend County, Texas for On Site Sewerage Facilities.
No public comments.
Moved by Commissioner Lutts, Seconded by Commissioner Meyers, duly put andunanimously carried (3-0), it is ordered to approve the proposed Order Adopting Rulesof Fort Bend County, Texas for On Site Sewerage Facilities as presented by Lydia Bourg,representing Health Department.
30. Approve bills.
Moved by Commissioner Lutts, Seconded by Commissioner O'Shieles, duly put andunanimously carried (3-0), it is ordered to approve bills as presented by Robert Grayless,County Auditor.
Recess:
Recessed at 10:05 a.m.
6
--- T
JULY29, 1997
Closed Session:
Convened at 10:11 a.m.Adjourned at 11:14 a.m.
Reconvene:
Reconvened at 11:14 a.m.
31. Meet in Closed Session to discuss the following matters: (1) Threatened Litigation;(2) Land Matters (Pet. 1);; b. department head evaluations), as authorized byTXGov.Code, Sec.551.071/072/074; and consider taking action in Open Session.
(1) Threatened Litigation:
Moved by Commissioner Lutts, Seconded by Commissioner Meyers, duly put andunanimously carried (3-0), it is ordered to authorize County Attorney to settle claim withSubsidence District on well #808 (claim is through 4/3/97).
(2) Land Matters (pet. 1):
Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly put andunanimously carried (3-0), it is ordered to authorize County Attorney to purchase 1.034acres of land in Needville, adjacent to Needville branch library.
Addendum:Meet in Closed Session to discuss the following matters: Litigation (a. ChesterSommers v. Fort Bend County, et al; Cause #100678; b. Leanne Klentzman, et. al. v.Fort Bend County; Cause #H-97-2480), as authorized by TXGov.Code, Sec. 551.071;and consider taking action in Open Session:
LITIGATION:
a. Chester Sommers v. Fort Bend County, et al; Cause #100678:
Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly put andunanimously carried (3-0), it is ordered to authorize County Attorney to negotiate thecomplete terms and provisions for the full and final settlement of claims on Cause#100678, Chester Sommers v. Fort Bend County.
b. Leanne Klentzman, et. a. v. Fort Bend County:
Moved by Commissioner Lutts, Seconded by Commissioner Meyers, duly put andunanimously carried (3-0), it is ordered to authorize County Attorney to negotiatecontract with Bill Helfand lawfmn on Cause #H-97-2480.
Postpone until 8:30 a.m. on Thursday, July 31, 1997.
Commissioners Court recessed at 11:20 a.m. on Tuesday, July 29, 1997 until 8:30 a.m. onThursday, July 31,1997.
7
JULY 3 I. 1997
Reconvene:
Reconvened Commissioners Court at 8:40 a.m. in Thursday, July 31,1997.
Commissioner Prestage absent.
item #31 continued -Meet in Closed Session to discuss the following matters:
(3) Personnel Matters.
a. budget officer.
Moved by Judge Rozell, Seconded by Commissioner Meyers, duly put and unanimouslycarried (4-0), it is ordered to appoint James Edwards as budget officer effectiveSeptember I, 1997 at an annualized rate of $60,000.
32. Meet in budget workshop session.
The following dt;partments presented their prQPosed 1998 budgets:Health DepartmentcrncMIS
27. PURCHASING:(1) consider taking action on the following bids:
a. Sale of jukebox Bid #97-074; b. sale of disk drives - Bid #97-075.
Moved by Commissioner O'Shieles, Seconded by Commissioner Lutts, duly put andunanimously carried (3-0), it is ordered to rescind previous motion and reject all bids andauthorize Purchasing Agent to readvertise for bids for sale of jukebox, bid #97-074 andsale of disk drive, bid #97-075 as requested by Dianne Wilson, County Clerk.
Recess:
Recessed at 11:55 a.m.
Reconvene:
Reconvened at 1:15 p.m.
32. Budget Workshop Session:
The following departments presented their proposed 1998 budgets:TelecommunicationsEmergency ManagementlFire MarshalExtension ServiceParks Department
Recess:
Recessed at 4:10p.m. on Thursday, July 31, 1997 until 8:30 a.m. on Friday, August I,1997.
8
AUGUST I. 1997
Reconvene:
Reconvened at 8:40 a.m. on Friday, August 1,1997.
Commissioner Prestage absent.
32. Budget Workshop Session:
The following departments presented their proposed 1998 budgets'SheriffRoad and BridgeLibrary
Recess:
Recessed at 11: IS a.m.
Reconvene:
Reconvened at 1:05 p.m.
Budget Worshop continued:
The following departments presented their prQPosed 1998 budgets:EMSTax Assessor/CollectorConstable Pct 4County EngineerCounty ClerkI>istrict Clerk
33. Adjournment.
Commissioners Court adjourned at 3:30 p.m.on Friday, August 1,1997.
9
DRAINAGE DISTRICT BOARD
BE IT REMEMBERED, That on this 29TH DAY of JULY, 1997, The Drainage DistrictBoard of Fort Bend County, Texas, met at a scheduled meeting with the followingpresent:
MICHAEL D. ROZELL COUNTY JUDGE
R.L. "BUD" O'SHIELES COMMISSIONER PRECINCT #1
ANDY MEYERS COMMISSIONER PRECINCT #3
BOB LUTTS COMMISSIONER PRECINCT #4
LINDA MUNOZ for DIANNE WILSON COUNTY CLERK
DAN GERKEN DRAINAGE DISTRICT MANAGER
Commissioner Prestage absent.
When the following were had and the following orders were passed to wit:
1. Call to Order.
Call to Order by Judge Rozell at 10:00 a.m.
2. Consider renewal of interloeal agreement between the Drainage District andFort Bend County M.D.D. No. 19, Pet.1.
Moved by Commissioner O'Shieles, Seconded by Commissioner Meyers, duly putand unanimously carried (3-0), it is ordered to approve renewal of inter localagreement between the Drainage District and Fort Bend County M.U.D. No. 19,Pct. I.
3. Monthly report.
Moved by Commissioner Meyers, Seconded by Commissioner O'Shieles, duly putand unanimously carried (3-0), it is ordered to accept June, 1997 monthly report aspresented by Dan Gerken, Drainage District Manager.
4. Adjournment.
The Drainage District Board adjourned at 10:05 a.m. on Tuesday, July 29,1997.
1
IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTYFOR THE YEAR 1997
On this the 29TH day of JULy
Mike D. RozellR.L. O'Shieles
Grady Prestage
Andy Meyers
Bob Lulls
County JudgeCommissioner Precinct #1Commissioner Precinct #2
Commissioner Precinct #3Commissioner Precinct #4
The followin9 proceedings were had, to-writ,
THAT WHEREAS, theretofore, on October 22, 1996, the Court heard and approved the budget for the year 1997 for
Fort Bend County; and
WHEREAS, on proper application, the Commissioners' Court has transferred and existing budget surplus to a budget
of a similar kind and fund. The transfer does not increase the total of the budget.
The following transfers to said budget are hereby authorized;
Department Name: 075
TRANSFER TO:
LINE-ITEM NAME NUMBER AMOUNT
ROAD SIGNS 105-075-0750-7004 $40,000.00
TOTAL TRANSFERRED TO: .:$ ====~ _40,000.00TRANSFER FROM:
HERBICIDES 105-075-0750-7013 $40,000.00
TOTAL TRANSFERRED FROM: .::$~__ ...:..::.~::..::..:...:..::. _40,000.00
EXPLANATION: ROAD SIGN MAINTENANCE
Department Head. Date: JULY 18, 1997
1
5IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY
FOR THE YEARDlIK 1997
On lhIs!he .l~.day of ~,~7111e Commissioners'· ·Court,wl1l1111efoDowlngmembers being present
Mike D. RozeD - County Judge] '_ ,.- -' S 1.': ':RL O'Shieles Commissioner Precinct #1 .,.,-Grady Prestage Commissioner Precinct 112Mon Pressley CommIssioner Precinct #3Bob Lutts Cormlissioner Precinct #4
The following proceedings were had, to-wri~.. ~ ltJ . 'I
THAT WHEREAS, theretofore, on October l199$, the Court heard and approved lI1ebudgetfor lI1eyear 199~forFQrt Bend COlJ"lty; and,
WHEREAS, on proper application, lI1eCommissioners' Court has transferred an existing budget surplus to a budgetof a similar kind and fund. The transfer does not increase 1I1etotal of 1I1ebudget
The foDowingtransfers to said budget are hereby authcrized:
IMPACT COURT
NUMBER
010 067 0670 1010
AMOUNT
$300.00
TOTAL TRANSFERRED TO: $,~3~0~0~.~0~0 ___
TRANSFER FROM:
OFF SUP/POST 010 067 0670 1062 $300.00
TOTAL TRANSFERRED FROM: $,_3_0_0_._0_0 _
EXPLANATION: TO REPLACE USED FAX HANDED DOWN FROM THE 240THDISTRICT
COlffiT THIS FAX MACHINE WILL USE ONLY FAX PAPER, THEREFORE DOCUMENTS
THAT WHEREAS, theretofore, on October 22, 1996, the Court heard and approved the budget for the year 1997 for
Fort Bend County; and
WHEREAS, on proper application, the Commissioners' Court has transferred and existing budget surplus to a budget
of a similar kind and fund. The transfer does not increase the total of the budget.
The following transfers to said budget are hereby authorized:
Department Name: EMERGENCY MANAGEMENT
TRANSFER TO:
LINE·ITEM NAME NUMBER AMOUNT
PROPERTY & EQUIPMENT 1010 $1300.00
TRANSFER FROM:
TOTAL TRANSFERREDTO:~$ ___$1300.00
MATERIALS & SUPPLIES 3000 $1300.00
TOTAL TRANSFERRED FROM: ..::$ :.- __ .:..:... ___$1300.00
EXPLANATION: TO AUGMENT PROPERTY & EQUIPMENT FOR PURCHASE OF LAPTOP
Department Head: l!f~ .. Date: __ !..!..!.~~ _7/23/97
'"'~""~BY: . Lf!:Mike[;Rozell, County JUdge
'~"""""~""<J'J
~ul-Z3-97 lO,SZA Ft. BQnd CO.r WI"'(I Dt:.NU LoU r-14"'1]'\~
Auditor 2~i ~~~ ~,,...,.
IN THE: MAnER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BENO COUNTY ...5FCORTHE YEAR 1997 ..
0" this lhe 2q-th day of Jy\'y . \991, tne Commi •• ionet" Cau". with ~e 10Row,,,,, members biting presant:.
The following proc.edings were hed, to-writ,
Mike D. " ... 11R.LO·S"''''Grady prtsag,=
And)' Mer."80b luns
County JudSl'=Comm~ ..ion_r Preclnc:t *tcomminlOner PreonCl ..2Carnmissioncr Prednctt:3commiuloner PreeinctH
THAi WHell.EAS, \heretofore. on OClober 22, 1996, the coun heard and opproved the budget for \he year 1991 for
Fon BelK! County; and
WHEREAS. on proper .pplic.'ion, Ih. Commissioners' Court~. ~.n6IQrred ano' eXisti"; budget 6\1rplU1ito a !;>udgelof ill similar kind and fUfld. The ttansfar does not increase the total oHhe budget.
The following lransfel'3 to said t1udg_t are h.... by auct'!orized:
Oepartment Name· _POr K 5 Cepartment #.: ......O"'-.."1-'--'(~)'-- _
TRANSFER TO:
\.INE·ITEM NAME
.RepQ!C$ ~ fk:±<;...._-Other ~=-5 __
TMNSFER FROM:
COi'lfaence ITrClyeLPermanent 'Improve
EJ:PLANATION;
NUMBER AMOUNT
$ 2500oIO~070-7001010-070-3020
Q,500,
QJo -010 - DIN01O-070-ID10
$ \'OQQjj g ,500
TOTAL iRANSFERREO FROM: .:s...,~o..:.J.l.=5....:CO:...=. _
Oepartmef'l! Head:Oat.: '7- :1.3 -9-J7"-- _
.---~
THE STATE OF TEXAS §
COUNTY OF FORT BEND §
ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTETHE ADDENDUM FOR SPECIALIZED TRANSPORTATION SERVICES AGREEMENT
On this the d-,c, day of ~"",.c=--- , 1997, the Commissioners Court
of Fort Bend County, Texas, upon motion of Commissioner ~e:....:'=~=,,-,~~,----- ,
seconded by Commissioner ---,-s4rtW.d-=~=",--- dulY put and carried;
IT IS ORDERED that the Fort Bend County Judge is hereby authorized to execute the
Addendum for Specialized Transportation Services Agreement with Greater Area Chapter American
Red Cross. Said Agreement is incorporated herein by reference for all purposes as though fully set
forth herein word for word.
THE STATE OF TEXAS §
COUNTY OF FORT BEND §
ADDENDUM FOR SPECIALIZED TRANSPORTATION SERVICES AGREEMENT
This Addendum, is entered into by and between Fort Bend County, Texas, a body corporate
and politic acting by and through its Commissioners' Court (hereinafter referred to as "County") and
the Greater Houston Area Chapter American Red Cross (hereinafter referred to as "Red Cross")
TRA T WHEREAS, the parties have entered into an agreement for specialized transportation
services, a copy of which is attached as Exhibit "A" and incorporated herein for all purposes; and,
WHEREAS, the parties desire to amend certain portions of the Agreement;
NOW THEREFORE, in consideration of the mutual promises and agreements herein
contained, the parties agree as follow:
T.1.01 The pertinent provisions of the Exhibit "A" are amended to include
... health care clients referred by the County SocialServices Department in need of transportation toUTMB.
1.02 The provisions amended in Exhibit "A" to include Section 1.01 above are;
WHEREAS, the County desires the services of Red Cross to provide non-emergency
medical transportation for indigent health care clients, and,
Section 2.0 I The transportation services contracted for is a fixed route scheduled
transportation for indigent health care clients of Fort Bend County; and,
Section 2.02 Clients receiving service via this agreement must be certified as indigent
health care clients of Fort Bend County.
II.
All other provisions of Exhibit "A" shall remain in full force and effect.
FORT BEND COUNTY
By:Michael D. Rozell, County Judge
ATTEST:
Dianne Wilson, County Clerk
PP: Ij :redcross.amd :27 50-8(070997)S
THE STATE OF TEXAS §
COUNTY OF FORT BEND §
AGREEMENTBET~ENFORTBENDCOUNTYANDGREATER HOUSTON AREA CHAPTER AMERICAN RED CROSS
FOR SPECIAI.TZED TRANSPORTATION SERVICES
TillS AGREEMENT entered into by and between Fort Bend County, Texas (hereinafter
referred to as the "County"), a body corporate and politic, acting herein by and through its
Commissioners' Court, and the Greater Houston Area Chapter American Red Cross (hereinafter
referred to as "Red Cross").
It is understood and agreed that wherever in this Agreement the term "Red Cross· is used it
shall mean the Greater Houston Area Chapter of the American National Red Cross; that said Chapter
is a duly constituted local unit of the American National Red Cross, a federal corporation 936 U.S.
Code 1 et seq.); and that all obligations of the "Red Cross· under this agreement shall be undertaken
and completed exclusively by said Chapter without resort in any event to, or commitment of, the .
. funds and property of the American National Red Cross or any other Ul'lltthereof than the Chapter.
WIT"LSSETH;·
"lIEREAS, the County desires the services of Red Cross to provide non-emergency
medical transportation for indigent health care clients; and,
\\1IEREAS, the Red Cross has the knowledge and experience to provide such assistance;
l'\OW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, the parties agree as follows:
1.TERM_DE SERVICES
L1.01 servi~e Red Cross under this Agreement shall begin on May 1, 1997 and end
...., !4o\le>111C:t.. II ~----on Deeembel 31,1 7, unless sooner terminated in accordance with other terms herein stated.
1.02 Any party may terminate this Agreement at any time, for any reason, by giving thirty
(30) days notice to the other party.
1
Exhibit" A" (1 of 7)
n.SERVICES
2.01 The transportation service contracted for is a fixed route, scheduled transportation for
indigent health care clients of Fort Bend County. Transportation to be provided is for clients and
their escorts (if applicable) to medical facilities at UTMB-Galveston. When scheduling allows,
transportation is also available to alternate medical facilities ..
2.02 Clients receiving service via this agreement must be certified as indigent health care
clients of Fort Bend County. In most situations Red Cross requires a minimum of twenty-four (24)
hours notice to provide service. Howeyer, Red Cross agrees to provide service in accordance with
the client's need for transportation (i.e. with less than twenty-four hour notice) if daily passenger
roster and schedule allows.
2.03 Passengers will be transported 'Withone (1) escort/attendant if so requested by the
passenger or deemed necessary by County or Red Cross. Parental escorts are required for minors.
County will assess each passenger's individual need for an escort/attendant. However, Red Cross
reserves the right to request that an escort/attendant be disallowed if foUndto be unnecessary by Red
Cross.
2.04 The County must confirm passenger's scheduled rides the day before they are to be
transported. If County does not confirm passenger's rides by calling the Red Cross office by 4:00
p.m., passengers 'Willnot be picked up. We "ill arrange a home pick-up for passengers at the request
of the County if deemed necessary for medical reasons only.
2.05 Red Cross is open 8:00 a.m. - 5:00 p.m., Monday through Friday. Red Cross staff
may be reached at (281) 342-9480 during these hours of operation. In case of emergency, Red Cross
staff may also be reached after business hours by contacting the American Red Cross at 526-0636.
2.06 All passengers receiving transportation service must be referred by the County. No
person, without prior authorization, ",ill be transported. Red Cross requires that individuals provide
demographic data regarding each passenger including name, address, phone number, ethnicity,
gender, income and date of birth of the passenger. Further, information regarding the location to
which the passenger should be transported, the name and phone number of the referring staff
2
Exhibit" A" (2 of 7)
member, and any special conditions of the passenger (i.e. if an escort/attendant is required) is
necessary.
2.07 Red Cross agrees to operate in compliance V\1thAmerican Red Cross safety standards
and guidelines. Transportation vehicle operators will be trained and will operate in compliance with
Red Cross standard operation procedures s.etforth in Greater Houston Area American Red Cross
Drivers' Manual and Personnel Policies and Practices.
2.08 When circumstances beyond the control of Red Cross (i.e. inclement weather,
unexpected vehicle breakdown, etc.) occur, Red Cross may be unable to provide scheduled
transportation service. If such a situation occurs, Red Cross will notify the County staff and
passengers as far in advance as possible and will assist in rescheduling any passengers for the next
available date/time of service.
2.09 Red Cross maintains the right to refuse service to any passenger. County will be
notified in writing of any refusal for service, V\1ththe basis for such refusal included in the
notification. Grounds for refusal of service include but are not limited to: abusive or violent language
or behavior on the part of any passenger or escort/attendant; non-compliance with Red Cross
standard operating and/or safety procedures; non-cancellationby passenger for scheduled ride.cs),. . - - .. -0"-
resulting in unnecessary trips to the passenger's to the passenger's point of origin/destination.
III.EEES
3.01 In exchange for Red Cross Specialized Transportation Services, County shall pay to
the Red Cross the E·mum~l.lltl......Of TWE!'i'TY-SE'~' THOUSAND FJVE.JIUNDRED~ 1,,0'0 ~ jJ-,D" 7 ~~
DOLLARS (521,599). e parties expressly acknowle = at .- is the maximum amount
available to the County to pay its obligations under this Agreement, and the County's liability for
services shall not under any circums~~~sOo~.Rinterpre~·ons her~eed this sum. The fee shall
b "d' hi' tall f'~~Q' GG J-fl- .~e pal III mont y IIlS ments 0 __ ,_. 1. • -
3.02 Red Cross shall invoice County on a monthly basis, providing a list of each passenger
transported and the number of one-way trips.
3
Exhibit "A" (3 of7)
IV.INDEPENDENT CONTRACTOR
4.01 Nothing contained in this Agreement is intended to, or shall be construed in any
manner as creating or establishing the relationship of employer/employee between the parties. The
Red Cross shall at all times remain an independent contractor with respect to the services to the
performed under this Agreement. Any personnel utilized by Red Cross in performance of services
hereunder shall not be deemed to be employees, agents, or servants of the County and shall not be
entitled to any of the privileges or benefits of County employment.
V.NOTICE
5.01 Any notice required or permitted in this Agreement shall be sent to the following
representatives:
To County: Fort Bend County301 Jackson, Suite 719Richmond, Texas 77469Attn: Michael D: Rozell, County Judge
With copies to: . Ben W. ChildersFort Bend County Attorney301 Jackson, Suite 621Richmond, Texas 77469
Manuela TobiasDirector of Human Services701 South 4th StreetRichmond, Texas 77469
To Red Cross: Greater Houston Area Chapter of theAmerican Red Cross, Southwestern Branch Office1002 Wilson DriveRosenberg, Texas 77471Attn: Sandra Tielke Startz, Director(281) 342-9480
4Exhibit "A" (4 00)
-~
VI.INSURANCE
6.01 The American Red Cross-Greater Houston Area Chapter will maintain in full force
throughout the term of the agreement the following insurance coverages:
I. Commercial General Liability Insurance covering liability for bodily injuryand propcrty damage including \vith the following limits:a. $1,000,000 aggregate limitb. $1,000,000 per occurrencec. $50,000 fire damage legal liabilityd. $5,000 medical payments
2. Worker's Compensation coverage ""ith statutory limits. Employers' liabilitypolicy with at least the follo\\1ng limits:
a. $500,000 per accidentb. $500,000 per diseasec. $500,000 disease (each employee)
3. Automobile Liability Insurance covering liability for both bodily injury and. property damage with a SI ,000,000 combined single limit.
Notwithstanding any other agreements, the Greater Houston Area Chapter of the American
Red Cross agrees to defend, hold harmless and indemnify Fort Bend County against any legal
liability including legal expenses in connection therewith, in respect to bodily injury, death, and
property damage arising from the negligence of Greater Houston Area Chapter American Red Cross
in performance of its responsibilities as outlined in this Agreement.
The policy shall name the Greater Houston Area Chapter of the American Red Cross as
insured, and Fort Bend County as additional insured, and shall contain a clause that the insurer will
not cancel or reduce the insurance ""ithout first giving County ten (l0) days prior written notice. A
copy of the certification shall be delivered to County on or before the date of this Agreement.
VII.1I,1TSCEI.I.A.NEOUS
7.01 This Agreement shall be construed under and in accord with the laws of the State ofTexas, and all obligations of the parties created hereunder are performable in Fort Bend County,
Texas.
5
Exhibit "A" (5 of7)
7.02 In the event one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and this Agreement shall be construed
as if such provision had never been contained herein.
7.03 Red Cross shall perform its services hereunder in accordance with generally accepted
standards applicable thereto, and shall observe and comply with all Federal, State and local laws,
ordinances and regulations applicable to this Agreement and all performances hereunder.
7.04 For the purpose of evaluating the services as set forth in this Agreement, the facilities
and operation of Red Cross vehicles may be inspected at any reasonable time by officers designated
by the County.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
below.
FORT BEND COUNTY
By:
. - .ATTEST: '.Date:. .:.--=....!----'~ _
. . Diarme Wilson, County Clerk
GREATER HOUSTON AREA CHAPTERAMERICAN RED CROSS
Date:
By:
Date:'-71ff~~~~::::="5--
By:
6Exhibit" A" (6 of7)
T----
AUDITOR'S CERTIFICATE ~1.5 e 00 •0 <:> f.»..
I hereby certify that funds are available in the amount ofS27,590.0g tolp-a¥ th 0 ligation ofFort Bend County under and within the foregoing contract.
, . wE /~A.~- U??'?-
Robert G~~~:Ud()l!J~/j ~~~~
'/ I rr~-
PP:lj:f: \agreemen\redcross.agr:275Q..S(042897)
7Exhibit "A"(7 00)
THE STATE OF TEXAS §
COUNTY OF FORT BEND §
ADDENDUM FOR SPECIALIZED TRANSPORTATION SERVICES AGREEMENT
This Addendum, is entered into by and between Fort Bend County, Texas, a body corporate
and politic acting by and through its Commissioners' Court (hereinafter referred to as "County") and
the Greater Houston Area Chapter American Red Cross (hereinafter referred to as "Red Cross")
THAT WHEREAS, the parties have entered into an agreement for specialized transportation
services, a copy of which is attached as Exhibit "A" and incorporated herein for all purposes; and,
WHEREAS, the parties desire to amend certain portions of the Agreement;
NOW THEREFORE, in consideration of the mutual promises and agreements herein
contained, the parties agree as follow:
T.1.01 The pertinent provisions of the Exhibit "A" are amended to include
... health care clients referred by the County SocialServices Department in need of transportation toUTMB.
1.02 The provisions amended in Exhibit "A" to include Section l.01 above are;
WHEREAS, the County desires the services of Red Cross to provide non-emergency
medical transportation for indigent health care clients, and,
Section 2.01 The transportation services contracted for is a fixed route scheduled
transportation for indigent health care clients of Fort Bend County; and,
Section 2.02 Clients receiving service via this agreement must be certified as indigent
health care clients of Fort Bend County.
'--,---- r'--
II.
All other provisions of Exhibit "A" shall remain in full force and effect.
FORT BEND COUNTY
:'. ~:/ .' '"' ..... . , :': .By:
Chairman, American Red CrosE\.Allan Buckwalter· .Greater Houston Area ChapterJuly 14, 1997
PP: lj:redcross.amd:27 50-8(070997)S
..'
THE STATE OF TEXAS §
COUNTY OF FORT BEND §
AGREEMEl\'T BETWEEN FORT BEND COUNTY ANDGREATER HOUSTON AREA CHAPTER AMERICAN RED CROSS
FOR SPECI AI .IZED IR ANSPORIATIQN SERVICES
THIS AGREEMENT entered into by and between Fort Bend County, Texas (hereinafter
referred to as the "County"), a body corporate and politic, acting herein by and through its
Commissioners' Court, and the Greater Houston Area Chapter American Red Cross (hereinafter
referred to as "Red Cross").It is understood and agreed that wherever in this Agreement the term "Red Cross· is used it
shall mean the Greater Houston Area Chapter of the lllnerican National Red Cross; that said Chapter
is a duly constituted local unit of the .'\merican National Red Cross, a federal corporation 936 U.S.
Code I et seq.); and that all obligations of the "Red Cross· under this agreement shall be undertaken
and completed exclusively by said Chapter \\ithout resort in any event to, or commitment of, the
. funds and property dthe American National Red Cross or any other UIlltthereof than the Chapter.
WIT'lESSEIH:-
\\llEREAS, the County desires the services of Red Cross to provide non-emergency
medical transportation for indigent health care clients; and,
WHEREAS, the Red Cross has the knowledge and experience to provide such assistance;
!'iOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, the parties agree as follows:1.
mOy SERYICES
L1.01 servi~e Red Cross under this Agreement shall begin on May 1, 1997 and end
¥I rj0\1011 IIt:t.I) ~----on Dee,whe! 31,1 7, unless sooner terminated in accordance "ith other terms herein stated.
1.02 Any party may terminate this Agreement at any time, for any reason, by giving thirty
(30) days notice to the other party.
1
Exhibit "A' (1 of7)
~-----,
II.SERVICES
2.01 The transportation service contracted for is a fixed route, scheduled transportation for
indigent health care clients of Fort Bend County. Transportation to be provided is for clients and
their escorts (if applicable) to medical facilities at UTMB-Galveston. \\'hen scheduling allows,
transportation is also available to alternate medical facilities ..
2.02 Clients receiving service via this agreement must be certified as indigent health care
clients of Fort Bend County. Inmost situations Red Cross requires a minimum of twenty-four (24)
hours notice to provide service. However, Red Cross agrees to provide service in accordance Viith
the client's need for transportation (i.e. \\ith less than twenty-four hour notice) if daily passenger
roster and schedule allows.
2.03 Passengers \\ill be transported with one (1) escort/attendant if so requested by the
passenger or deemed necessary by County or Red Cross. Parental escorts are required for minors.
County Viill assess each passenger's individual need for an escort/attendant However, Red Cross
reserves the right to request that an esconlattendantbe disallowed if foUndto be unnecessary by Red
Cross.2.04 The County must confi.rrnpassenger's scheduled rides the day berore they are to be
transported. If County does not confum passenger's rides by calling the Red Cross office by 4:00
p.m., passengers will not be picked up. We will arrange a home pick-up for passengers at the request
of the County if deemed necessary for medical reasons only.
2.05 Red Cross is open 8:00 a.m. - 5:00 p.m., Monday through Friday. Red Cross staff
may be reached at (281) 342·9480 during these hours of operation. In case of emergency, Red Cross
staff may also be reached after business hours by contacting the American Red Cross at 526-0636.
2.06 All passengers receiving transportation service must be referred by the County. No
person, Viithout prior authorization, Viilibe transported..Red Cross requires that indi\iduals provide
demographic data regarding each passenger including name, address, phone number, ethnicity,
gender, income and date of birth of the passenger. Further, information regarding the location to
which the passenger should be transportee!,the name and phone number of the referring staff
2
Exhibit' A" (2 of7)
I -
member, and any special conditions of the passenger (i.e. if an escort/attendant is required) is
necessary.
2.07 Red Cross agrees to operate in compliance "vithAmerican Red Cross safety standards
and guidelines. Transportation vehicle operators will be trained and will operate in compliance with
Red Cross standard operation procedures set forth in Greater Houston Area American Red Cross
Drivers' Manual and Personnel Policies and Practices.
2.08 'When circumstances beyond the control of Red Cross (i.e. inclement weather,
unexpected vehicle breakdov:n, etc.) occur, Red Cross may be unable to provide scheduled
transportation service. If such a situation occurs, Red Cross will notify the County staff and
passengers as far in advance as possible and ",ill assist in rescheduling any passengers for the ne),:t
available date/time of service.
2.09 Red Cross maintains the right to refuse service to any passenger. County will be
notified in writing of any refusal for service, with the basis for such refusal included in the
notification. Grounds for refusal of service include but are not limited to: abusive or "iolent language
or behavior on the part of any passenger or escort/attendant; non-compliance 'With Red Cross
resulting in unnecessary trips' to the passenger's to tlie passenger's point of origin/destination.
III.EEES
3.01 In exchange for Red Cross Specialized Transportation Services, County shall pay to
the Red Cross the Eimum-;;U>!l.....Of TWE!'iTY-SE\~' N THq,USA.l''i":DF~UNDREDi'::rJ... 1),.'0 ~ Il/o>o l'" ~q:?:0
DOLLARS (S21,588). e parties expressly acknow1e = at 7.- is the maximum amount
available to the County to pay its obligations under this Agreement, and the County's liability for
services shall not under any circumstances or in.terpre~· ons her of-exceed this sum. The fee shall'I..{00°,.9 )-jl. , i"
be paid in monthly installments ofS::,"'~:.~g. - "
3.02 Red Cross shall invoice County on a monthly basis, providing a list of each passenger
transported and the number of one-way trips.
3
Exhibit"A' (3 of 7)
~-------. - -
IV.INDEPENDENT CONTR ACTOR
4.01 Nothing contained in this Agreement is intended to, or shall be construed in any
manner as creating or establishing the relationship of employer/employee between the parties. The
Red Cross shall at all times remain an independent contractor with respect to the services to the
performed under this Agreement. Any personnel utilized by Red Cross in performance of services
hereunder shall not be deemed to be employees, agents, or servants of the County and shall not be
entitled to any of the privileges or benefits of County employment.
V.NOTICE
5.01 Any notice required or permitted in this Agreement shall be sent to the following
representatives:
To County: Fort Bend County301 Jackson, Suite 719Richmond, Texas 77469Ann: Michael D: Rozell, County Judge
-.' -
With copies to: . Ben W. ChildersFort Bend County Attorney301 Jackson, Suite 621Richmond, Texas 77469
Manuela TobiasDirector of Human Services701 South 4th StreetRichmond, Texas 77469
To Red Cross: Greater Houston Area Chapter of theAmerican Red Cross, Southwestern Branch Office1002 Wilson DriveRosenberg, Texas 77471Ann: Sand.raTielke Startz, Director(281) 342-9480
4Exhibit "A" (4 of7)
VI.INSURANCE
6.01 The American Red Cross-Greater Houston Area Chapter will maintain in full force
throughout the term of the agreement the following insurance coverages:
1. Commercial General Liability Insurance covering liability for bodily injuryand propcrty damage including v..ith the following limits:a. $1,000,000 aggregate limitb. $1,000,000 per occurrencec. $50,000 fIre damage legal liabilityd. $5,000 medical pa)ments
2. Worker's Compensation coverage \\ith statutory limits. Employers' liabilitypolicy with at least the follo\\1ng limits:
a. $500,000 per accidentb. $500,000 per diseasec. $500,000 disease (each employee)
3. Automobile Liability Insurance covering liability for both bodily injury andproperty damage with a Sl,OOO,OOOcombined single limit.
Notwithstanding any other agreements, the Greater Houston Area Chapter of the /\Inerican
Red Cross agrees to defend, hold ha:mless and indemnify Fort Bend County against any legal
liability including legal expenses in connection there\\1th, in respect to bodily injury, death, and
property damage arising from Lle negligence of Greater Houston Area Chapter /unerican Red Cross
in performance of its responsibilities as outlined in this Agreement.
The policy shall name the Greater Houston Area Chapter of the American Red Cross as
insured, and Fort Bend County as additional insured, and shall contain a clause that the insurer will
not cancel or reduce the insurance \\ithout fIrst giving County ten (10) days prior written notice. A
copy of the certifIcation shall be delivered to County on or before the date of this Agreement.
\11.",nsCELI A'\Y;OUS
7.01 This Agreement shall be construed under and in accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Fort Bend County,
Texas.
5
Exhibit "A" (5 of7)
~--r-
7.02 In the event one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof and this Agreement shall be construed.'
as if such provision had never been contained herein.7.03 Red Cross shall perform its services hereunder in accordance with generally accepted
standards applicable thereto, and shall observe and comply with all Federal, State and local laws,
ordinances and regulations applicable to this Agreement and all performances hereunder.
7.04 For the purpose of evaluating the services as set forth in this Agreement, the facilities
and operation of Red Cross vehicles may be inspected at any reasonable time by officers designated
by the County.IN\\'lTl\'ESS WHEREOF, the parties have executed this Agreement on the dates indicated
below.FORT BEND COmITY
By:-." .
~.c
_ i ATTES±:, ';
rt~Date: t(, Z-1 - q 7
.. Diarme Wilson, County Clerk
GREATER HOUSTON AREA CHAPTERAlm:RIC}\.l~ RED CROSS
Date:
By:
Date:_----r,m-'-';;---'--'-;;;;===:::---
By:
6Exhibit· A" (6 of7)
1---
, ,-
AIIDrrOR'S CERTTFICUE ~'5eOO.O~
Ihereby certify that funds are available in the amount ofs47',51111.1111to~ th 0 ligation ofFort Bend County under and within the foregoing contract
, . W.J- /c:J/tJv~c/#-
Robert G1~~~UdV1L/ (4i;/vck~f' t - if
PP:lj:f:'.agreemcn\redcross.agr:17So-8(CH2897)
7Exhibit' A" (7 00)
7-24-1997 9,56AM FROM FORT BEND COUNTY 265 4671 P.2
COMMISSIONER PRECINCT 4Fort Bend County. Texas
Bob LuttsCommissioner
TO: County Judge Mike RO:lell
FROM: Commissioner Bob Lutts
DATE: July 24, 1997
RE: Agenda Itcm(s)
Please place the following item(s) on the July 29, 1997 Commissioners Court Agenda
J. Consider appointing Architects for parking garage design and cost estimate. 4C;
2. Consider setting a public hearing for the Replat Of Reserve F, Highway 6 North ~S I /Commercial Park, Section Two. PctA I~
3. Consider approving the following plats: Pct.4(1) Waters of Avalon Section I.(2) Gardens of Avalon Section I.(3) New Territory Apartments.
I submit this request for JAN EASLEY, county clerk division supervisor and valuedemployee since January 1, 1983, to obtain the maximum allowed extended sick days. Sheis battling cancer and requires surgery in early August.
Ms. Easley qualifies for 22 sick days.
Contact me if you require additional information.
xc: Julane Tolbert, HRJan Easley
HUMAN RESOURCES DEPARTMENT CONFIDENTIAL
FORT BEND COUNTY, TEXAS
JULANE TOLBERTAdministrator MEMORANDUM
(281) 341-8617Fax (281) 341-8615
FROM:
Michael D. Rozell, County JudgeCommissioners Court 1> ~Hina D. Naik, Employee Benefits specialist"*Human Resources
TO:
DATE: July 23, 1997
SUBJECT: Commissioners Court Agenda - July 29, 1997
The County Clerk has requested an item to be placed on the July 29, 1997 Commissioners Court agenda, seeAttachment A. The follov-,;ng staff briefing provides information regarding the request for your consideration.
Background
Attachment A is the memorandum from County Clerk, Dianne Wilson, requesting that Commissioners Courtgrant the maximum allowed extended sick days for Ms. Jan Easley. Section 385.05 of the County's EmployeeInformation Manual regarding Sick Leave states:
"Employees IMlO have used up their accumulated sick leave may then use their compensatory lime andfinally accumulated vacation time. After all accumulated time has been used by the employee.additional time off is time off v-,;thout pay. Sick time may not be borrowed from other employees."
Section 386.01 of the Employee Information Manual states:
"In special cases lMlere timely claim for such is made and purely at the judicial discretion of theCommissioners Court, said Court reserves the right to extend regular sick leave benefits provided in theCounty of Fort Bend Employee Information Manual on a case by case evaluation."
Ms. Jan Easley has been employed by Fort Bend County since January 1, 1983. She currently has 15:49 hoursof sick time, 0:47 hours of compensatory time and 176:40 hours of vacation time. This adds up to a little over24 days of accummulated lime (specifically 24 days, 1:16 hours).
Recommendation
Human Resources recommends that Commissioners Court grant the extended sick leave if Ms. Jan Easleyrequires additional time off after the accumulated time is used up. She 'M.luld qualify for 22 extended sick daysaccording to the schedule listed in Section 386.03 of the Employee Information Manual.
If you have additional questions, please call me at 341-8619.
xc: Julane Tolbert, Human Resources AdministratorBen W. Childers, County AttorneyDianne Wilson, County Clerk
309 S. 4th Street· Suite 515 • 301 Jackson, Richmond. Texas 77469
Attachment A
FORT BEND COUNTY CLERK30 \ Jackson St., Richmond, TX 77469
I submit this request for JAN EASLEY, county clerk division supervisor and valuedemployee since January 1, 1983, to obtain the maximum allowed extended sick days. Sheis battling cancer and requires surgery in early August.
Ms. Easley qualifies for 22 sick days.
Contact me if you require additional information.
xc: Julane Tolbert, HRJan Easley
· SICK LEAVE
95.01
385.02
385.03
385.04
385.05
385.06
Sick leave will accrue at the rate of 5.334 hours per month foremployees who work a 40 hour week (8 days a year) - 6.00 hours permonth for employees who work a 45 hour week (8 days a year) - whilean employee is employed by the County on a full-time basis.Part-time employees shall not receive the benefit of sick leave.There was a limit of sixty days sick leave credit that could becredited for past service of the original adoption of theseregulations. There is no longer a limit as to the maximum numberof sick leave days an employee can accrue at anyone time. Lossof work due to accident or injury received in the performance ofduty is not time which shall be charged against sick leave of anemployee.Sick leave must be taken on an actual time basis. A doctor'scertificate for sick leave taken may be required at the discretionof the Department Head.The County will not pay an employee for unused sick leave timeaccumulated in t;le event of termination or retirement fromcounty employment. Sick time can only be used in case ofemployee illness. Employees cannot be paid for sick days notearned.Employees who have used up their accumulated sick leave may thenuse their compensatory time and finally accumulated vacationtime. After all accumulated time has been used by the employee,additional time off is time off without pay. Sick time ~~y NOTbe borrowed from other employees.county Department Heads will not allow negative sick time orpayments of such time.
POLICY APPROVEDAND ADOPTED BY: DATE: July 20, 1993
FORT BEND COUNTYCOMMISSIONERS' COURT
PAGE 385
386.01
386.02
386.03
386.04
3, .05
In special cases where timely claim for such is made and purely atthe judicial discretion of the Commissioners' Court, said Courtreserves the right to extend regular sick leave benefits provided inthe County of Fort Bend Employee Information Manual on a case bycase evaluation.The extended sick leave work days will be granted in the followingschedule to employees at the discretion of Commissioners' Court.
ALL PERSONNEL
Up to 1 year employment ..•.•........•..• ·Over 1 year but less than 2 years •...••••Over 2 years but less than 3 years .Over 3 years but less than 4 years •......Over 4 years but less than 5 years .Over 5 years but less than 6 years .Over 6 years but less than 7 years .Over 7 years but less than 8 years .Over 8 years but less than 9 years .Over 9 years but less than 10 years .Over 10 years of employment .
2 Work Days4 Work Days6 Work Days8 Work Days
10 Work Days12 Work Days14 Work Days16 Work Days18 Work Days20 Work Days22 Work Days
The total extended sick leave benefits should not exceed theprescribed number of days in the sick leave table in a twelvemonth period. In such cases where extended sick leave benefitsare granted, payback of this time shall be waived by Commissioners'Court and the employee's benefit shall continue to accrue.
The Elected Official/Appointed Department Head will present thefacts for review together with a recommendation to the HumanResources Department prior to appearing before commissioners' Court.The Human Resources Department shall be responsible for compilingthe facts for each case and reporting the~ to Commissioners' Court.
Jul-24-97 05:05P FBe Health dept. 281 342 5572 P.Ol
I T E R
MEMOOFF ICE
To: Honorable Judge Michael D. Rozell
From: JcffGarrett. P.R.S.
Subj~d: Variance on Septic Rules for Lawrence Janczak
Date: July 24, 1997
Faxed: July 24, 1997 (2 PAGES)
On-Site Sewerage Facility plans submitted by Lawrence Jancz..ak, appears to be in order and thisdepartment has no ubjection to this application. This property is located in PCT. I.
Jul-24-97 05:05P FBe Health dept. 2Bl 342 5572 P.02
Date:To: county Judge Michael D. Rozell
309 S. 4th StreetRichmond, Texas 77469
From·
Regarding application for a permit to construct an on-sitesewerage facility on the following property:
I have applied to the Fort Bend County Health Department for apermit to construct an on-site sewerage facility on the abovereferenced property. Such permit has been denied for thefollowing reasons:
I am appealing that denial as allowed under Section 3.02 ofResolution 88-7 as adopted by the Commissioners Court of FortBend County on April 18. 1988 .
Signed' --.,t?~ "'" \.~- ,.g Date: 7- /1- ;T 1.4~ -= ~""'(J,...-<IIt:1,-~----The Fort Bend county Health Department agrees disa~~eos that apermit to construct an on-site sewerage facility should be issuedon this property for the following reason(s) :
/.... / .i"'V' , "1 , ...... If .....
'9"" J.,e "''''6' (I r",· .. "cle
J .. ,. •• ~.......1
Date: 7~/1-tlJ>
Revised 12/10/96
Jul-24-97 OB:17A George Memor;alFORT BEND COUNTY, TEXAS
PURCHASE ORDER
2B1 341 2688;fG-
P.02
'/015
- ..
SPECIAL INSTRUCTIONS:
BUYER: CONFIRMING: FOB:
C3 NO DVENDOR:71>04713826 - SHIP TO:JUARfZ CCNSTRUCTION. INC. ANDt:N:~ AIlN'::XPt,YMEt,TS O"<LY***********U5[ 7b047882t A FQq ALLOTHE~S9 •• (l •• * •• **.*'" ***llIt.* • .y: BILLTO:GP.r.Cl~ \";[?J~AL::l
_ ...-------------------------------------.----------_.------------._-_ ...._-----_ ..._-----------._---_.---------------------;10-0310 E372 ELM GLUE 4 OZ
'00-0224 CARD/5 #224 XACTO BLADE
1 EA 1 E,':;' 1 O~:;
:~-: 2 n~j 1 85
:5 E(~ ) '::'8 l . t:,8
.~ EPi l 7·-1 1 48.:'
'50-0040 SHT 40C MTG 80 32X40
M\~ Gm.hQJY\.t\ la\ li\ \\S\-(JLtybV\d LJJ'
~,UB--TOT~\L:
YOU '3A'v'EDTOTAL:
BOOf::S(iRE NOT F:ETUF:NABL.E::I..ISTO~lEP'[''Ot\,''TUf;:E:~~. __. _
CUSTOt'lEF:[ I'DH I F-I ,-In [ rJN:
l147(,'218_._._----_._--_.~-_._--_ .._---
T-
1.05
3.70
1-.7.5'3l.4S
19~04
........... - ._~.... _.- ....-.....End of Records
~_ 4~ t15'lrol'L- i:2! SrftOt 'FlA'£- fU\t..l \() no :Jri VZ-;j f7°<73~; ! Lj i j= 0/1715 J.L~(} J3H /i '!-28 40U~1 iru I SITe PLA-AJ li-()O C<; /! 1-<11 47o/()OI ~fl i ;OtMJ) Re/J~ ELc'V 110 nn M; /, 'f!Jfl 4'108331 1(" I M1,2.1,. c:< / 1&.00 ~ /
qlll ~4t4'Tlt4 ~I' I A-I -=<; .en \t2, /~¥:/(p()l'!7J .d. I I .5 ~. ":J LiJ.("{) fF-'(. /
r--+4Y--Jl';?2 /62ZJ/1/ l~I I 7 1'24.-</ Lo_CO 7· /
I 4(?O 4b5Ui( I~! I \LD.ooIJP 1/4-/?O 470-8331 l~ i 11 f).m ,l51!- V/1-10 ~()2011 I 1'2!-- In.r:xJ C<', /41~O 4iflll7-) I ~ 10.00 C;.I/~7D 47037/ la! I I \ ~ (101191 V
I I I It-/ - P I
I I Ii i I .. II I I II I I I -I I I I
Direct Exp. Entry _ Reference Total: \ 13. GODate direct expense total, ----'--_- _
geoeraJ expense total: ::--- _~
13LU-RA Y Diazo
MAY 121997Ref"r<n_< l'umb<:r: ~o110
Igz,gvA:7!DNS_
?ff1=rcAPJ-
Billing InitialsJob Number
'" N co......, "<t "<t
>< >< v.v C 'C~ r'", __. De.!\criptionDale Other
! 55' 4-0)11 It, I (l1SP 'P"eG JP, /rnlO'f 14/~:1~7J I I~ I zLJ/3311 &l!1t0 N-(')(i -AJ- /
I 'v\. -0/1001 ( ·1 I IV \ :~O~/-vr 1I~61/1~ I I I /J-dr d~_~ +~O CL.-I/
f 14t;o!lf 7/'2 i I ,// I /r 3.CO g:J/1/ --?7-, - \S:b,k 5LfL{.70~331 ~--- ~1 b-" ?ll'""'f) cr..:-- /
',/, t.J70J 00) '1 I I c~ f7/{ljJT5 '+-,1) ;VlL..I/:; (p 4 '7a'?O 7? It I ! 1=- 1 l-t-c:n!VY V
,;~ 411LYz-11 ili I ' 1.---,n MJlI/
: 'fJ'1 +1(l/(/J?7) II! I fr---lj ~ ,f '( j£;ff 1/,) 7 . 4?z.4 (;7/' II I I .5 /rc I. c<rJ !E<;;G V
J/r <tf~/gG7/ l-zt I frVr fP~ - I-\-:-nn Ie-tV0.. 4'JJ707I 6'fll I ' C(.OO IMYV
ACCOUHT DATE TItlE FAX HUtlBER LEHGTH PAGES COST...622 ...71 Jun 13 10:25 971369280884622471_ 0:"'2 1 1.00...622471 Jun 13 10:3...92B15 ...82998 ...622...71* 7:30 17 17.00...622 ...71 Jun 13 10:...2 928149656374622471_ 10:22 16 16.00"'622471 Jun 13 13:27 9713665 ...9...... B:O'" 17 17.00...622471 Jun 13 13:41 971384914504622471_ 8:09 15 15.004622471 Jun 13 15:07 9140937257514622471* 10:...9 17 0.004622471 Jun 13 15:20 971394169794622471* 8: 10 17 17.00...622 ...71 Jun 13 16:05 914093725751462247t_ 12: 16 20 0.004622471 Jun 13 16: 18 971394169794622471_ 1:44 ... 4.004622471 Jun 13 16:40 971384914504622471_ 8:51 20 20.00...622 ...71 Jun 13 16:...9 92815 ...82998 ...622 ...71* B:27 20 20.00...622471 Jun 13 16:58 97139416979 ...622...71* 8:49 20 20.004622471 Jun 13 17:09 971366549444622471_ 8:-41 20 20.004622471 Jun 16 09: ...6 97139 ...16979 ...622 ...71* 8:55 20 20.00"'622"'71Jun 16 1"':07 97136953588 ...622471* 0:3... 1 1.00"'622"'71Jun 16 1"':09 971386381514622471* 0:...3 1 1.00...622 ...71 Jun 16 14:11 971346273604622471* 0:42 1 1.004622471 Jun 16 1'1: 13 928144173074622471_ 0:44 1 1.004622471 Jun 16 14:15 971378160174622471* 0:36 1 1.00- 4622471 Jun 16 14: 17 9191323508474622471* 0:33 1 0.00...622471 Jun 16 14: 18 971369535884622471_ 0:35 1 1.004622471 Jun 16 14:28 971369134444622471_ 0:42 1 1.004622471 Jun 16 14:29 9140937257514622~71_ 12: 14 19 0.004622471 Jun 16 14:56 92814965637~622471_ 11:20 20 20.004622471 Jun 17 08=30 971346208014622471_ 0:...1 1 1.00...622 ...71 Jun 17 08:33 928153022344622471_ 0:43 1 1.00...622 ...71 Jun 17 08:38 971352648104622471_ 0:33 1 1.004622471 Jun 17 08:40 928153022344622471_ 0:42 1 1.004622471 Jun 17 09:35 928149656374622471_ 1:00 2 2.004622471 Jun 17 09:37 928154829984622471_ 0:51 2 2.004622471 Jun 17 09:38 971366549444622471_ 0:57 2 2.00
•
,.
•
CONSTABLE DEPARTMENT - PRECINCT TWOFort Bend County, Texas
RUBEN DAVISConstable
(281) 437-4741Fax (281) 437-9127
June 24, 1997
The Honorable Michael D. RozellFort Bend County JudgeP.O. Box 368Richmond, TX 77489
Dear Judge Rozell:
Please place the following applicants on the Commissioners' CourtAgenda for July 29, 1997 for a Reserve Deputy position with theConstable Department, Pet. 2.
Tyrone B~-onoCraig steven Davis
Thank you for your consideration.
Ruben DavisConstable
Atts.
cc: Commissioner R.L. QIShieles, Pet. 1Commissioner Grady Prestage, Pet. 2Commissioner A. B. Pressley, Pet. 3Commissioner B. Lutts, Pet. 4County Clerk - Dianne Wilson
RD/swh
7133 W. Fuqua· Missouri City. TX 77489 • P.O. Box 2039 • Ivli-souri City, TX 77459
HUMAN RESOURCES DEPARTMENTFORT BEND COUNTY, TEXAS
JULANE TOLBERTAdministrator (281) 341-8617
Fax (281) 341-8615
MEMORANDUM
TO: Rodney Pentecost, Chief DeputyConstable Precinct 2
FROM: Hina Naik, Employee Benefits SpecialistHuman Resources
DATE: June 18, 1997
SUBJECT: Background Check - Tyrone Brono and Craig Steven Davis
On the basis of completion of the review of the background. work history, drivingrecord, and reference check by the Human Resources staff, I have no objection toTyrone Brono and Craig Steven Davis working as Reserve Deputies for yourdepartment. If you have any questions, please call me at 341-8619.
xc: Julane Tolbert, Human Resources Administrator
309 S. 4th Slre~, • Suite 515 • 301 Jackson. Richmond. Texas 77469
TX 519718
Merchants Bonding Company
OFFICIAL BOND AND OATH
THE STATE OF TEXAS
Ft. Bend
KNOW ALL MEN BY THESE PRESENTS:
That we. Tyrone Brona , as Principal, andthe MERCHANTS BONDING COMPANY (Mutual), a corporation duly licensed to do business in the State ofTexas, as Surety, are held and bound untol Constable Precinct Two , his successors in office,
in the sum of' Two Thousand and no /l 00 ($ 2,000.00 ) DOLLARS, forthepayment of which we hereby bind ourselves and our heirs, executors and administrators, jointly and severally,by these presents.
(Not valid if filled in for more than $10,000.00)THE CONDITION OF THE ABOVE OBLIGATION is such, that, whereas, the above bounden Principal
was on the 23rd day of July , I9..2L-,
duly appointed to the office of Deputy Constable(Elected. ApPointed)
in and for' Fort Bend County in the State of Texas,
for a term of one year(s) commencing on the 23rd day of July , 19..2.2-.
Now, therefore, if the said Principal shall well and failldully perform and discharge all the duties required ofhim by law as the aforesaid officer, and shall'
then this obligation to be void. otherwise to remain ill full force and effect.
PROVIDED, HOWEVER, that regardless of the number of years this bond may remain in force and the numberof claims which may be made against this bond, the liability of the Surety shall not be cumulative and the aggregateliability of the Surety for any and all claims, suits, or actions under this bond shall not exceed the amount stated above.Any revision of the bond amount shall not be cumulative.
PROVIDED, FURTHER, that this bond may be cancelled by the Surety by sending written notice to the partyto whom this bond is payable stating that, not les" than thirty (30\ days thereafter, the Surety's liability hereundershall terminate as to subsequent acts of the Principal.
Dated this _-'=-='"- day 01'---0---"-'''''-''--,-- , 19..1L.23rd Julv
Principal
THE STATE OF TEXAS
Fort 5S.Bend
)MtlA
Stafford, Tx
SEAL County, Texas.27.1-CP-l non
OATH OF OFF~CE(GENERAL)
I, ----'S-!~'-"---"'.JUlJd.\L " do solemnly swear (or affirm),Tyrone BroDa
that I will faithfully execute the dUlies of tbe office of-- ~"l!.""""'L=="'_"l!LlJ<.._ _Deputy Constable
Fort Bend County Precinct Two
of the State of Texas, and will to the hest of my ability pre~;crvc, protect, and defend the Constitution and laws ofthe United States anJ of this Stale, so help Ille Cod.
I, ---------- ~ " County Clerk, in and for said County, do
hereby certify that the foregoing Bond dated the day 01" , 19 __
with its certificates of authentication, was filed for record in my ;lffice the day of
-------------, 19__ at o'c1oek M" ald duly recorded the _
day 01" ,,19 __ at M., in the Records of Official Bonds
of said County, in Vol. on page
___ o'clock _
WITNESS my hand and the seal of the County Court of said County, at office in _
-------------, Texas, the day and ypar last ahove written.
---------- Clerk.
By ---------- Deputy. County Court ------ County,
ELECTIONSADMINISTRATIONDEPARTMENTFORT BENDCOUNTY
301 JACKSON, SUITE 101RICHMOND,TX 77469
(281) 341-8670
MEMORANDUM
FROM:
Michael D. Rozell, County JudgeCommissioners Court n l. /Robin Heiman, Interim Elections Administrator ~
TO:
SUBJECT: 1997/1998Elections
DATE: July 25, 1997
I would like to request that Commissioners Court consider and approve thelist of Polling Sites for 1997/1998, and consider and approve theappointments of the Election Judges and Alternates for the year 1997/1998.(See attached)
If you have any questions or need additional information, contact me atextension 8679. Thank you for your assistance with this request.
xx: Ben W. "Bud" Childers, County AttorneyDianne Wilson, County Clerk
",
/
Polling Site LocationsCounty Elections Precincts
Polling Site Locations - Precinct 1County Elections Precincts 1997/1998
Precinct PoJling Site Location
1001 George Memorial Library1001 Golfview DrRichmond, Texas 77469(281)341-2656
4102 Commonwealth Clubbouse4330 KnightsbridgeSugar Land, Texas 77479(Mail: Crest Management 16360 Park Ten Place,#310 Hou77084)(Karyn Dean 265-1304)
4103 Grace Community Bible Cburcb5121 FM 359Richmond, Texas 77469
4104 Pecan Grove Elementary3330 Old South DriveRichmond, Texas 77469(281)341-8056
4105 Kempner High School14777 Voss RdSugar Land, TX 77478(281)242-4100
4106 Sugar Land Middle School321 Seventh StSugar Land, Texas 77478(281)263-1235
4107 Fort Bend Chamber Building445 Commerce GreenSugar Land, Texas 77478(281) 491-0218
4108 Fort Bend Chamber Building445 Commerce GreenSugar Land, Texas 77478(281) 491-0218
4109 Sugar Land Community Center226 Matlage Way - P.O. Box 110Sugar Land, Texas 77478(281)242-2105
4110 Fishers of Men Luthem Church20 II Austin ParkwaySugar Land, Texas 77479(281)242-7711
4111 Settlers Park BOA3010 Settlers Way BlvdSugar Land, Texas 77479(281)980-1986Mail: % Myron Sees 3314 Timber View DrSugar Land, Tx 77479 (713-980-7136)
4115 Quail Valley East Community Clubhouse2226 Turtle CreekMissouri City, Texas 77459Mail:1I500NWFreeway.Suite 470Houston, Tx 77092Contact: Grace Wallace 437-7801(281)437-0558
4119 Clements High School4200 Elkins DrSugar Land, Tx 77479(281)980-6899
Polling Site LocationsPrimary and Runoff Elections
Revised 7-23-97Polling Site Locations - Precinct 1
DemocraticlRepublican Primary and Runoff
Precinct Polling Site Location
1001 George Memorial Library100 I Golfview DrRichmond, Texas 77469
1002 Kendleton City Hall13219 Highway 59Kendleton, Texas 77541
1007 Booth Mercantile9822 FM 2759Richmond, Tx 77469
3100 Rhonda Mokerski Robert Sullivent16207 Los Altos Dr 7122 Aragon DrHouston, Tx 77083 Houston, Tx 77083(281)495-7913
3101 Greg Lacy Roger Gardner7215 San Pablo 16222 EspinosaHouston, Tx 77083 Houston, Tx 77083(281)933-5204(h) (281)933-0805(h)(713)579-2300(w) (713)977-0200(w)
3112 Consolidated with 3092
3121 Sarah Kowalski Heather Kowalski2926 Torre Hill Ln 2926 Torre Hill LnSugar Land, TX 77478 Sugar Land, T)( 77478(281) 980-4738 (281) 980-4738
ELECTION JUDGE FOR 1997-1998PRECINCT 4
PRECINCT JUDGE ALTERNATE
4006 Carolyn Smith Sethora WestP.O. Box 279 P.O. Box 141
Fulshear, Tx 77441 Fulshear, Tx 77441
(281)533-9117(h) (281)346-1569
(281)346-1796(w)
4011 Marilyn Ellington Need Alternate
2711 River BirchSugar Land, TX 77479(281) 980-6620
4026 Alice Schumann Bonnie Reid
P.O. Box 366 4722 Pecan Grove
Sugar Land, Tx 77478 Sugar Land, Tx 77479
(281)565-3643(h) (281)565-0497
(281)980-5676(w)
4028 Nora Melanson Theodore Melanson
2805 Cambridge Ln 2805 Cambridge Ln
Missouri City, Tx 77459 Missouri City, Tx 77459
(281)499-0317 (281)499-0317
4029 Michele Weth Mike Gibson
814 Rolling Mill Dr 603 Muirwood
Sugar Land, Tx 77478 Sugar Land, Tx 77478
(281)491-6829 (281)491-6599(h)(713)434-5192(w)
4030 Joe Hammer Melinda Hancock
3506 Robinson Rd 2818 Burning Tree Ln
Missouri City, Tx 77459 Missouri City, Tx 77459
(281)437-9861 (281)438-0210
4033 Maureen Thode Florence Sisolak
3319 Deerwood Ln 2919 Cypress Dr
Missouri City, Tx 77459 Missouri City, Tx 77459
(713)437-7904 (281) 437-6998
(713)499-9999 Ext. 223
4035 (Zero Registered Voters) Consolidated with 4029
4041 Wilda Simms Eunyce Womeldurf
903 Bent Creek Ct 911 Bent Creek Ct
Richmond, Tx 77469 Richmond, Tx 77469
(281)232-7563
4042 Larry Elkins Larry Ross707 Borden 815 BordenSugar Land, TX 77478 Sugar Land, TX 77478(281) 242-1322 (281) 242-3600
4044 Consolidated with 4062
4047 Bob Meador Susan Hargarther3327 Stream Meadow 3315 Falling BrookSugar Land, Tx 77479 Sugar Land, Tx 77479(281)265-9631 (281)980-5648 (b)
(713)659-2934 (w)
4057 Marquita Cantwell Peggy Lionberger7200 Foster Island 7403 Foster Creek DrFUchrnond, Tx 77469 FUchrnond, Tx 77469(281)342-2110 (281) 342-9721 (b)
4062 Charles Horn Lucille H. Horn2923 Plantation Wood Ln 2923 Plantation Wood LnMissouri City, Tx 77459 Missouri City, Tx 77459(281)437-7932 (281)437-7932
4063 Thomas Anderson KatWeen Door1910 Wildwood Ln 1203 Woden Wood CtFUchrnond, Tx 77469 FUchrnond, Tx 77469(281)342-5845 (281)342-7544
4064 David Gulley Larry Houvouras3227 East Rangewest Place 3802 Green FieldSugar Land, Tx 77479 Sugar Land, Tx 77479(281)980-2716 (h) (281)980-8353(281)265-6764 (w)
4065 Carolyn Bayless Glenda McGaughey2610 Double Lake Dr 3510 Virgin Island DrMissouri City, Tx 77459 Sugar Land, Tx 77479(281499-8414(h) (281)265-0543(281)499-9314(w)
4102 Carol Maluski Jeff Maluski5031 Hillswick 5031 HillswickSugar Land, Tx 77479 Sugar Land, Tx 77479(281)980-7427(h) (281)980-9151(w)(713)964-4476(w) (713)980-7427(b)
ELECTIONS ADMINISTRATION DEPARTMENTFORT BEND COUNTY
301 JACKSON, SUITE 101RICHMOND, TX 77469
(281) 341-8670
MEMORANDUM
TO: Dana Benoit, Administrative Coordinator .'
Robin Heiman, Interim Elections Administrator 2't+-i /--FROM:
SUBJECT: Agenda Item - July 29,1997
DATE: July 24,1997
I would like to request that the following item be placed on CommissionersCourt agenda:
1) approval of the 1997/1998 Polling Sites, Election Judges andAlternate Judges
If you have any questions or need additional information, contact me atextension 8679. Thank you for your assistance with this request.
Jul-22-97 09:28A Monarch Communities of TX 281-242-6968 P.02
Monarch DeYelopmenb of Texu, Inc. ~(
July 22, 1997
Mr. Jesse Hegemier, P. E., County EngineerFort Bend County Engineering DepartmentP. O. Box 1449Rosenberg, Texas 77471
Re: Avalon· Waters of Avalon Section OneAvalon - Gardens of Avalon Section One
Dear Mr. Hegemier:
As previously discussed, Monarch Developments of Texas, Inc. would like to proceedwith the recordation of both the Waters of Avalon Section One and the Gardens of AvalonSection One. We have submitted all of the required information to your office to satisfY thecounty's platting requirements. The only outstanding item has been the release letter from theCounty Drainage Department, due to the fact that the levee has not been constructed. It is myunderstanding that the Drainage Department has submitted a letter addressing this issue. If thatletter is acceptable and all other required information is in place, we would ask that the plats beplaced on the next Fort Bend County Commissioners Court meeting for approval.
Monarch is requesting a variance to the Fort Bend County permitting regulations,which requires that all structures within the IOO-year flood plain be constructed with a slabelevation one foot higher than the current IOO-year flood elevation. Monarch asks that we beallowed to permit construction of residential homes within the above mentioned subdivisions withslab elevations only required to meet the current IOO-year flood elevation, instead of one footabove that elevation.
Monarch feels that our request is a reasonable request, since the Fort Bend CountyLevee Improvement District No. 14 is in the process of constructing a levee along with the phaseone detention and the storm water pump station to provide drainage and flood protection to theproperty within the district. The construction of the levee along with the phase one detention andthe storm water pump station are currently underway and are scheduled to be completed by theend of this year. Once the levee is completed and the LOMR has been issued, the slab elevationswill be set to a minimum elevation of 69.5 msl or 18 inches above natural ground, which ever ishigher.
WQAI GOAl RECI.ET
211 BA'I'BRIDCf DRlvt SUCAR LAND, TEXAS 77478
Jul-22-97 09:28A Monarch Communities of TX 281-242-6968 P.03
Mr. HegemierPage Two
The homes proposed to be constructed in the interim are models and spec homes inthe Gardens of Avalon Section One and spec homes in the Waters of Avalon Section One. Thereare a total of 56 lots in the Gardens, Section One and 43 lots in the Waters, Section One.Monarch requests a variance to construct not more than 12 homes in the Gardens of AvalonSection One and 25 homes in the Waters of Avalon Section One prior to the levee beingcompleted and the LOMR issued.
Monarch will handle all permit applications for both subdivisions and will make themon an as needed, lot by lot bases. Monarch Communities of Texas, our home building arm ofMonarch Developments of Texas, Inc., will be the builder in the Gardens Section, while severallocal custom builders will be buildings in the Waters Section. Due to the time frame required toconstruct any of these homes, there should not be any completed homes before the levee iscompleted. However, as a condition of this variance request, no occupancy will be allowed priorto certified completion of the levee.
In addition to the variance request on the house slab elevations, we also require avariance on the Fort Bend County Levee Improvement District No. 14 Storm Water PumpStation's control building slab. The variance request is to allow FBCLID 14 to construct thebuilding slab at elevation 69.50, msl, 1973 adjustment. The basis for this request is the same asthat of the home slabvariance request.
Please feel free to contact me at 281-242-4004, should you require any additional information.
Very truly yours,
~nrn[L~Monarch Developments of Texas
cc: CommissionerBob Lutts, Fort Bend County Precinct 4Fort Bend County Drainage DistrictFort Bend County LID No. 14 clo Vinson & Elkins, 1. 1. P.UA Land DevelopmentEngineering & Surveying, Inc.
WOAl (iOA I REC LET
DEVELOPMENT PERMIT PROCEDURESINCLUDING THE NATIONAL FLOOD INSURANCE PROGRAM REGULATIONSADOPTED APRIL 6, 1987 (ITEM #22, Vol. 32, PG. 1966 - 1968)
AMENDED October 5, 1987AMENDED February 23, 1993AMENDED November 12, 1996
Notice: The following requirements and procedures arenot i'ntended to repeal, abrogate, impair orreplace the subdivision Platting Policy or anyother development regulation or requirementthat Fort Bend County has in effect.
For any person or persons to build, alter or change a structure orland, it is required that a Permit Application be completed. Thefee for the Permit Application is $20.00. If the location of aproposed residential, commercial, industrial or institutionalstructure is outside the designated Special Flood Hazard Areas, anExemption Certificate will be issued. No fee is charged for theExemption Certificate. The Exemption Certificate shall contain thestatement:
"Regardless of flood zone designations and elevationsrequirements, Fort Bend County requires that the lowestfloor level shall be a minimum of 18" above naturalground. "
If the location of a proposed structure, or the land to be changed,is within a d~signated Special Flood Hazard Area a DevelopmentPermit shall be required prior to beginning the project. The totalfee for the development permit shall be $50.00. The permit shallbe deemed VOID if construction is not begun within one year. TheDevelopment Permit shall contain the required elevation, asmeasured in feet above mean sea level, of the lowest floor andshall be posted at the project site.The Permittee must submit a certification from a RegisteredProfessional Engineer, Registered Public Surveyor or Architect thatthe finished floor level has been constructed at the specifiedelevation. In addition a plot plan on 8-1/21" x 14" plain papershall be provided indicating all improvements and the locationsmeasured from the boundary lines of the property.If the proposed project is within a floodway the permit shall bedenied UNLESS certification by a Registered Professional Engineer,or Architect is provided demonstrating that encroachments shall notresult in any increase in flood levels during the occurrence of thebase flood discharge. The Registered Professional Engineer, orArchitect must comply with rules and regulations required by theFederal Emergency Management Agency concerning the development inthe floodway.
1
1:\W PDATA \DOCUMENnorrp ROCI 06-----,-------- -"
FBC 9676522 33 P9S
FORT BEND COUNTY
REGULATIONS FOR FLOODPLAIN MANAGEMENT
FORT BEND COUNTY ENGINEERING DEPARTMENTP. O. BOX 1449
ROSENBERG, TEXAS 77471
"WPDATA'DOCUMEtfroPPREGSI16 C. CfT\. 1\//;:"/ C) (p '~ :It / :::,
1. Residential construction new construction andsubstantial improvements of any residential structureshall have the lowest floor (including basement) elevatedto one foot above the base flood elevation. A RegisteredProfessional Engineer, Architect, or Land surveyor shallsubmit a certification to the Floodplain Administratorthat the standard of this subsection as proposed inArticle 4, Section C(l)a., is satisfied.
2. Nonresidential construction new construction andsubstantial improvements of any commercial, industrial orother nonresidential structure shall either have thelowest floor (including basement) elevated to one footabove the base flood level or, together with attendantutility and sanitary facilities, be designed so that belowone foot above the base flood level the structure iswatertight with walls substantially impermeable to thepassage of water and with structural components having thecapability of resisting hydrostatic and hydrodynamic loadsand effects of buoyancy. A Registered ProfessionalEngineer or Architect shall develop and/or reviewstructural design, specifications, and plans for theconstruction, and shall certify that the design andmethods of construction are in accordance with acceptedstandards~f practice as outlined in this subsection. Arecord of such certification which includes the specificelevation (in relation to mean sea level) to which suchstructures are floodproofed shall be maintained by theFloodplain Administrator.
3. Enclosures new construction and substantialimprovements, with fully enclosed areas below the lowestfloor that are usable solely for parking of vehicles,building access or storage in an area other thanabasement and which are subject to flooding shall bedesigned to automatically equalize hydrostatic floodforces on exterior walls by allowing for the entry andexit of floodwaters. Designs for meeting this requirementmust be certified by a Registered Professional Engineer orArchitect and meet or exceed the following minimumcriteria.a. A minimum of two openings having a total net
area of not less than one square inch for everysquare foot of enclosed area subject to floodingshall be provided.
b. The bottom of all openings shall be no higherthan one foot above grade.
23
I:\WPDA TAIDOCUMEN1\DPPREGS, I 16
I
b. The susceptibility of the proposed facilityand its contents to flood damage and theeffect of such damage on the individual owner;
c. The danger that materials may be swept ontoother lands to the injury of others;
d. The compatibility of the proposed use withexisting and anticipated development;
e. The safety of access to the property in timesof flood for ordinary and emergency vehicles;
f. The costs of providing governmental servicesduring and after flood conditions includingmaintenance and repair of streets andbridges,' and public utilities and facilitiessuch as sewer, gas, electrical and watersystems.
g. The expected heights, velocity, duration, rateof rise and sediment transport of the floodwaters and the effects of wave action, if.applicable, expected at the site;
h. The..{ecessity to the facility of a waterfrontlocation, where applicable;
i. The availability of alternative locations, notsubject to flooding or erosion damage, for theproposed use;
j . The relationship of the proposed use to thecomprehensive plan for that area.
SECTION D. VARIANCE PROCEDURES1. The Appeal Board as established by the community shall
hear and render judgement on requests for variances fromthe requirements of this ordinance.
2. The Appeal Board shall hear and render judgement on anappeal only when it is alleged there is an error in anyrequirement, decision, or determination made by theFloodplain Administrator in the enforcement oradministration of this ordinance.
3. Any person or persons aggrieved by the decision of theAppeal Board may appeal such decision in the courts ofcompetent jurisdiction.
19
1:\WPDATA\DOCUMENT\DPPREGS.116
4. The Floodplain Administrator shall maintain a record ofall actions involving an appeal and shall report variancesto the Federal Emergency Management Agency upon request.
5. Variances may be issued for the reconstruction,rehabilitation or restoration of structures listed on theNational Register of Historic Places or the StateInventory of Historic Places, without regard to theprocedures set forth in the remainder of this ordinance.
6. Variances may be issued for new construction andsubstantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded bylots with existing structures constructed below the baseflood level, providing the relevant factors in sectionC(2) of this Article have been fully considered. As thelot size increases beyond the one-half acre, the technicaljustification required for issuing the variance increases.
7. Upon consideration of the factors noted above and theintent of this ordinance, the Appeal Board may attach suchconditions to the granting of variances as it deemsnecessary to further the purpose and objectives of- thisordinance (Article 1, Section C) . Arr~D
/'8. Variances shall not be issued within any designatedfloodway if any increase in flood levels during the baseflood discharge would result.
9. Variances may be issued for the repair or rehabilitationof histori~ structures upon a determination that theproposed repair or rehabilitation will not preclude thestructure's continued designation as a historic structureand the variance is the minimum necessary to preserve thehistoric character and design of the structure.
10. Prerequisites for granting variances:a. Variances shall only be issued upon a
determination that the variance is the minimumnecessary, considering the flood hazard, toafford relief.
b. Variances shall only be issued upon, (i) showinga good and sufficient cause; (ii) adetermination that failure to grant the variancewould result in exceptional hardship to theapplicant, and (iii) a determination that thegranting of a variance will not result inincreased flood heights, additional threats to
20
I:\WPOA TA\DOCUMEN1\DPPR£GS.116
public safety, extraordinary public expense,create nUlsances, cause fraud on orvictimization of the public, or conflict withexisting local laws or ordinances.
c. Any application to whom a variance is grantedshall be given written notice that the structurewill be permitted to be built with the lowestfloor elevation below the base flood elevation,and that the cost of flood insurance will becommensurate with the increased risk resultingfrom the reduced lowest floor elevation.
11. Variances may be issued by a community for newconstruction and substantial improvements and for otherdevelopment necessary for the conduct of a functionallydependent use provided that (i) the criteria outlined inArticle 4, Section D(1)-(9) are met, and (ii) thestructure or other development is protected by methodsthat minimize flood damages during the base flood andcreate no additional threats to public safety.
/
21
1:\WPDATA\DOCUMENl\DPPREGS,116
FLOOD DAMAGE PREVENTION ORDINANCEARTICLE 1
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A. STATUTORY AUTHORIZATIONThe legislature of the State of Texas has in V,T,C.A. 16,311 et.~. delegated the responsibility to local governmental units toadopt regulations designed to minimize flood losses. Therefore,the Commissioners' Court of Fort Bend County. Texas, does ordain asfollows:SECTION B. FINDINGS OF FACT1. The flood hazard areas of Fort Bend County. Texas are
subject to periodic inundation which results in loss oflife and property, health and safety hazards, disruptionof commerce and governmental services, and extraordinarypublic expenditures for flood protection and relief, allof which adversely affect the public health, safety andgeneral ~eifare.
2. These flood losses are created by the cumulative effect ofobstructions in floodplains which cause an increase inflood heights and velocities, and by the occupancy offlood hazard areas by uses vulnerable to floods andhazardous ·to other lands because they are inadequatelyelevated, floodproofed or otherwise protected from flooddamage.
SECTION C. STATEMENT OF PURPOSEIt is the purpose of this ordinance to promote the public health,safety and general welfare and to minimize public and privatelosses due to flood conditions in specific areas by provisionsdesigned to:1. Protect human life and health;2. Minimize expenditure of public money for costly flood
control projects;
3. Minimize the need for rescue and relief effortsassociated with flooding and generally undertaken at theexpense of the general public;
4. Minimize prolonged business interruptions;
5
J:\WPDAT A\DOCUMENl\DPPREGS.116
On this 2~ day of _":::J-=---'u_:L?' ., 19 92 , before the
REVIEW BY FORT BEND COUNTY COMMISSIONERS COURT
Fort Bend County Commissioners Court came on to be heard
~k~ke;'/,tclf/G
i ;::;e'f~.4PS
and
reviewed the accompanying notice of L..!~~===~====~~L-~£,J.""Job Location ~ 7"eJ/ U &~
7z..9Af,7 Bond No. Et</fS7'/-'z-..Dated , Permit No.
to make use of certain Fort Bend County property subject to, "A
Revised Order Regulating the Laying, Construction, Maintenance,
and Repair of Buried Cables, Conduits and Pole Lines, In, Under,
Across or Along Roads, Streets, Highways and Drainage Ditches in
Fort Bend County, Texas, Under the Jurisdiction of the
Commissioners Court of Fort Bend County, Texas," as passed by the
Commissioners Court of Fort Bend County, Texas, dated the 3rd.
day of August, 1987, recorded in Volume ________ of the Minutes of
the Commissioners Court of Fort Bend County, Texas, to the extent
that such order is not inconsistent with Article 1436a, Vernon's
Texas Civil Statues. Upon Motion of Commissioner ~ th.J ,seconded by Commissioner _0 I~~ , duly put and
carried, it is ORDERED, ADJUDGED AND DECREED that said notice of
said above purpose is hereby acknowledged by the Commissioners
Court of Fort Bend County, Texas, and that said notice be placed
on record according to the regulation order thereof.
Notes:1. Evidence of review by the commissioners court must be kept on
the jobsite and failure to do so constitues grounds for jobshutdown.
2. Written notices are required:a) 48 hours in advance of construction start up, andb) When construction is completed and ready for final
inspectionMail notices to: Permit Administrator
Fort Bend County EngineeringP. O. Box 1449Rosenberg, Texas 77471-1449713/342-3039, EXT. 111
3. This permit expires one (1) year from date of permit ifconstruction has not commenced.
BPresented to CommissionersCourt and approved.Recorded in VolumeMinutes of CommissionersCourt.
PERMIT APPLICATION REVIEW FORM FORCABLE, CONDUIT, AND POLE LINE ACTIVITY
IN FORT BEND'COUNTY
PERMIT NO. f/ f~,rThe following "Notice of proposed Cable, Conduit and/or Pole Line activity in FortBend County" and accompanying attachments have be"n review"d and th" notic"conforms to appropriate regulations set by Commissioners' Court of Fort BendCounty, yxas.
V (1)
vwhen applicable.District Attorney,·approval
./ posted.
_____ Performance bond submitted.No.Amount _
(3) Verbal permission given for' emergencies, to start constructionbefore approved in COlllll1issioners'Court.
UatePrecinct engineer acknowledgement
sioner acknowledgement Date
.stl'ict approval when applicable.We have r.,viewed this project and agree it Pleets minilUwlIrequirements. The following COilUllentsneed to be addressed.
Date /
3/5/91 REV.
; • >~.. '> ••
NOTICE OF PROPOSE:D CADLE, CONDUIT AND/OR POLE LINE ACTIVITYIN, UNDER, ACHOSS OH ALONG ROADS, STREETS, HIGHWAYS AND DRAINAGE DITCHES
Fot'mal notice is het:eby given that Fort bend '.tel el)bone Copro po B est 0 1a y , COil S t r \.le t. iliai n t a in a flU lor r e pa ire a b1"'e:-,LOcC.o:Cn=-d"u=i7t-:=a=-nC:dr/r:o:Cr::-Cp=-0=-r:leline, in, under. across, or along roads, stI:eeLs. highways and drailU::lgeditches in Fort Dem] County, as follows:
In, Under, or Acn)ss Roads and/ or DI'ainage Di tches
Hoad 01"
Ditch NameDisturlce & Di.rection From
Nearest Illtersectic)IlLength ofCrossi.ng
Type of ConstructionDored:Jacked:Driven:Cased
Y-A3Go7/ 'NCI'T\' C+ 'I'\r t>:oF f ' ., 'L",r L 20c./ 82.10(.....= ~AQ.\-\ tiE/S,. .. .
Along Roads and/or Dranage Ditches
General Description
~~S3E,,;: ..t;;,Teu;;:-?'\b"::£ PiLe> rb$EoS :16 PL Me Co!)D0n6 AND!3<..:>EI6f',
The location and description of the proposed installation and appurtenances isOIore fully shown on the Hltacheu Jetall drawings. The laying, const.ruction,mointenance and/or repair of tileproposed installation shall be subject to "ARevised Order Regulating the Laying, Construction, Maintenance and/or Repairof Cuhles, Conduits, and/or Pole Lilies, In, Under, Across, or Along Roads,Streets, Highways and Drainage Ditches in Fort Dend County, Texas, Under the.Jurisdiction of t.he COlllmissioners Court of Fort Bend County, Texas," as passedby Commissioners Court o[ Fort !Jend County, Texas, dated the 3rd. day ofAugust, 1987, recurded in Volume 639 of the Minutes of t.heCommissioners Courto[ Fort !Jend Counl:y, Texas.WI"i.ttl~ll llot1.ces are require,l: 1) 118 hours In advance of start of constructionallJ 2) when cOIlslnLct.ioLl is cumplete and ready for final inspection.
flail To: Permit Admillistratoc/Fort Bend COUllty EngineeringP. O. llox 1/,',9, Rosenberg, Texas 77/,71
Violation of requirements shall constitute grounds for Job shut down.
SUBJECT: RENEWAL BOND #13735717 FOR LYNN DeMARTINIMARTIN & RENEWAL BOND #13744875 FOg CURtISIJ;EBROWN
VLEASE PLACE ON CONSENT AGENDA FORAPPROVAL. ORIGtNAL DOCUMENTS ATtACHED.
DATE: JUly 17, 1997
RETURN TO: FORT BtND COUNTY EMERGENCY MANAGEMENT& FIRE MARSHAL'S OFFICt307 FORT STREETRICHMbNb, TX 77469
VTC:ltb
CC: R. L. O'SHIELES, COMMISSIONER PCT. 1GRADY PRESTAGE, COMMISSIONER PCT. 2ANDY MEYERS, COMMISSIONER PCT. 3BOB LUTTS, COMMISSIONER PCT. 4
-,Texas ~w
Western Surety CompanyTHE STATE OF TEXASCounty of Fort Bend
OFFICIAL BOND AND OATH
~ss
KNOWALL MEN BY THESE PRESENTS: BONDNo. 137357J 7
That we, Lynn Demartini Martin , as Principal, andWESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of Texas, as
Surety, are held and bound unto' COllnty of Fort Bend , his successors in office,
in the sum of' Two Thollsand and NaDoO DOLLARS($ 2.000 00 ),for the payment of which we hereby bind ourselves and our heirs, executors and administrators, jointly andseverally, by these presents.
Dated this 3rd day of May , 19-9.2.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above bounden Principalwas on the 15TH day of JANUARY , 19.1Z....-,duly
APPOINTED(Eleeted-Appointed)
in and for3 Fort Bend
County, State of Texas, for a term of one year commencing on the .l.ll.t:.ll day ofJ 8th
______ .lU1¥- , 19 97,Ill] YNO~.~EFORE, if the said Principal shall well and faithfully perform and discharge all the duties re-
quir~'~2i~~ as the aforesaid officer,~#'~ ~.''''.'''''h.....~ ~~
~",Ou;;;·······..~() ,~""I, 111 0,...."""'11"""1\''-''then this obligation to be void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that regardless of the number of years this bond may remain in force and thenumber of claims which may be made against this bond, the liability of the Surety shall not be cumulative and theaggregate liability of the Surety for any and all claims, suits, or actions under this bond shall not exceed theamount stated above. Any revision of the bond amount shall not be cumulative.
PROVIDED, FURTHER, that this bond may be cancelled by the Surety by sending written notice to theparty to whom this bond is payable stating that, not less than thirty (30) days thereafter, the Surety's liabilityhereunder shall terminate as to subsequent acts of the Prine' al.
Countersigned WPrincipal
TY COMWr:-r't;iZCByByT. Pate, PresidentResident Agent
THE STATE OF TEXASFORT BEND
Before me, LI NDA BARNES on this day, personally appearedLYNN DEMART1 N 1 MARTIN, known to me to be the person whose name is subscribed to
the foregoiRi';aJ!ItIlI1~t and acknowledged to me that he executed the same for the purposes and considerationtherein ~ , ." •.~~/'~~
Gi" .. . d ~ seal of office at ~ STREETRJCHMOND , Texas,this; /, : ~ dayof _~~ ~ ,19E-.
SEAq .......~.:~ .....~'bj FORT BEND County, Texas~,,"'lI. ,q) ~Fo,m 862A - (f"",~IJST2~~,,""""HlIIU"'"~ _ - ~
I ~
__.Lid
OATH OF OFFICE(COUNTY COMMISSIONERS and COUNTY JUDGE)
I, ' do solemnly swear (or affirm) that I will faithfullyexecute the duties of the office of 'of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws ofthe United States and of this State; and I furthermore solemnly swear (or affirm) that Ihave not directly nor in-directly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing,or promised any public office or employment, as a reward for the giving or withholding a vote at the election atwhich I was elected; and I furthermore solemnly swear (or'affirm) that I will not be, directly or indirectly, in-terested in any contract with or claim against the County, except such contracts or clairos as are expresslyauthorized by law and except such warrants as may issue to me as -fees of office. So help me God.
Signed
Sworn to and subscribed before me at , Texas, this dayof ,19 __
SEAL _ County, Texas
OATH OF OFFICE(General)
I, I 'L---' :r::;do solemnly swear (or affirIJl)that I willfaithfully execu e the duties of the office of -,of the State of Texas, and will to the best of my ability preserve, protect, and defend t Constitution and laws ofthe United States and of this State; and I furthermore solemnly swear (or affirm) that I have not directly nor in-directly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing,or promised a~~nlffice or employment, as a reward for the giving or withholding a vote at the election atwhich I wa~'A~f'f.Mn me God.I\)#~~f'~ Signed
Sw§n a -be\ b&re me at 3()T)' ,£Of..; dayof to;~ , 193.:?-
I, , County Clerk, in and for said County, dohereby certify that the foregoing Bond dated the day of , 19__ ,with its certificates of authentication, was filed for record in my office the day of_____________ .,19__ , at o'clock __ M" and duly recorded the ------day of , 19__ , at o'clock __ M., in the Records of Official Bondsof said County in Volume , on page -----'
WITNESS my hand and the seal of the County Court of said County, at office in ----------____________ , Texas, the day and year last above written.
Clerk
By Deputy County Court County
WI!. .. > ~n-I
~ .., ..Texas ~w
Western Surety CompanyTHE STATE OF TEXASCounty of ~ort IlQRQ
OFFICIAL BOND AND OATH
~ss
KNOWALL MEN BY THESE PRESENTS: 13744875BONDNo. _..L..J.~i<l.L..:L- __
That we, Curtis Lee Brown ,as Principal, andWESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of Texas, as
Surety, are held and bound unto' County of Fort Bend , his successors in office,
in the sum of' Two Thousand and DaD 00 DOLLARS ($ 2 000 M ),for the payment of which we hereby bind ourselves and our heirs, executors and administrators, jointly andseverally, by these presents.
Dated this 3rd day of May , 19...9.2-.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above bounden Principalwas on the 9TH day of JANUARY , 19..2Z-, duly
APPOINTED(Elected-Appointed)
County, State of Texas, for a term of OR" year commencing on the _.,11,;J~.tt"l:l day of
J"ly , 19'_"-5':1-7__NO~,,~EFORE, if the said Principal shall well and faithfully perform and discharge all the duties reo
quirll'!'~15~~ as the aforesaid officer, BRIl.II'~..3.. ......,.0;,,.
11"11"11"'\'\then this obligation to be void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that regardless of the number of years this bond may remain in force and thenumber of claims which may be made against this bond, the liability of the Surety shall not be cumulative and theaggregate liability of the Surety for any and all claims, suits, or actions under this bond shall not exceed theamount stated above. Any revision of the bond amount shall not be cumulative.
PROVIDED, FURTHER, that this bond may be cancelled by the Surety by sending written notice to theparty to whom this bond is payable stating that, not less than thirty (30) days thereafter, the Surety's liabilityhereunder shall terminate as to subsequent acts of the Principal.~. :/!rbc-</YL
PrincipalTY COMP Y
-r:WESTERNCountersigned
ByBy T. Pate, PresidentResident Agent
THE STATE OF TEXASFORTBEND
Before me, LI NDABARNES on this day, personally appearedCURTIS L~~""'lb ' known to me to be the person whose name is subscribed to
the forelll.Qi}'l ·'/f'.~d acknowledged to me that he executed the same for the purposes and considerationtherein • ~~ •.•.~ \.
Gi~n er h n%seal of office at ';3Ul0'l..7.JF:l:OIRRlI.1SilIRREJEEOJI:-", ..RJLCHt!OIlD--~---, Texas,this £ 10 edayOf_-"J"'U-"-LY!....... ~_-="""-'."-.=:><~~ , 19.3L...
OATH OF OFFICE(COUNTY COMMISSIONERS and COUNTYJUDGE)
I, ,do solemnly swear (or affirm) that I will faithfullyexecute the duties of the office of .,-_.,-_.,---,--_--,--c-:- __of the State of Texas, and will to the hest of my ability preserve, protect, and defend the Constitution and laws ofthe United States and of this State; and I furthermore solemnly swear (or affirm) that I have not directly nor in-directly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing,or promised any public office or employment, as a reward for the giving or withholding a vote at the election atwhich I was elected; and I furthermore solemnly swear (or affirm) that I will not be, directly or indirectly, in-terested in any contract with or claim against the County, except such contracts or claims as are expresslyauthorized by law and except such warrants as may issue to me as fees of office. So help me God.
Signed
Sworn to and subscribed before me at , Texas, this dayof ,19 __ :
SEAL_______________ County, Texas
OATH OF OFFICE(General)
I, CURTIS LEE BROWN ,do solemnly swear (or affirm) that I willfaithfully execute the duties of the office of DEPUTY FIRE MARSHAl ,of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws ofthe United States and of this State; and I furthermore solemnly swear (or affirm) that I have not directly nor in-directly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing,or promised any public office or employment, as a reward for the giving or withholding a vote at the election atwhich I wa~\~tmh So help me God. /l-!= .:t /J .
,\\\\~ ",BAil""", Signed ~I,p... ~ r~~~~\.",~....;;....~~~~wl\"'~~' "~o~o a !s~ib\l before me at --;;:3;"O"-7-,F--"O,,-RT,---,,S.!..T~.-"R~IC""H""MO~~D;';'.JTt .as~this;",,,,,,","---'JJUlliL- daY
of = J • = , 19~.= '-" .,::i*\ ..~ ~~ !*i
S A\. ..... Of' ... ~ FORT BEND C TE..... • a..; rtr "!b!> -'-""-'--=""----- ounty, exas.........:..8i.-"':': ..."'" ~''';'':,Gtis'j'i, ~~\~
'1111"'UI1I"\~\
THE STATE OF TEXASCounty of FORT BEND
The !oregoirtg b,ondof CURTIS LEE BROWN asDEPUTY UM MARSHAL in and for _-'F"O"'R"T'---"B"'E£!ND!L------- County and State of Texas,
I, , County Clerk, in and for said County, dohereby certify that the foregoing Bond dated the day of , 19__ ,with its certificates of authentication, was filed for record in my office the day of_____________ " 19__ , at o'clock __ M., and duly recorded the ------day of , 19__ , at o'clock __ M., in the Records of OfficialBondsof said County in Volume , on page -----
WITNESS my hand and the seal of the County Court of said County, at office in ----------____________ , Texas, the day and year last above written.
• Clerk
1
1•By Deputy County Court County
ADDENDUM TO AGENDAFORT BEND COUNTY COMMISSIONERS COURT
JANE LONG ANNEX, RICHMOND, TEXASTUESDAY, JULY 29, 1997
9:00 O'CLOCK A.M.
The following item should be added to the agenda of Fort Bend County Commissioners Courtfor Tuesday, July 29th:
Meet in Closed Session to discuss the following matters: Litigation (a. Chester Sommersv. Fort Bend County, et. al; Cause #100678; b. Leanne Klentzman, et. al .v. Fort Bend County;Cause #H-97-2480), as authorized by TXGov.Code, Sec.551.071; and consider taking action inOpen Session.
FILED FOR RECORDii rT'M~. ~·/j A..ff-~
JUL2 5 1~·t Jds-.,,~
county Clerlt Fort Bend Co. Texas
Notice of meeting/agend~ted at Courthouse. & Jane Long Annex, Richmond, Texas onFriday, July 29, 1997 by t/'(<>. e ·l.u-od- .
NOTICEPolicy afNon-Discrimination on the Basis of DisabiJity
Fort Bend County does not discriminate 00 the basis oC disability in the admission or access to. or treatment or employment in, its programs or activities.
ADA Coordinator. RiskIManagement Iosurtnce Dept. 309 S. 4th St., Suite 720, Travis Building, Richmond, Tc:xu 77469, phone: (713) 341--8618 bas been designated10 condinate compliance: with the non-discrimination requirements contained in Section 35.107 oftbe Department of Justice: regulations."" InformatioD concerning theprovisions of tbe Americans with Disabilities Act. and the righu provided thereunder, are available from the ADA coordinator.
RISK MANAGEMENT I INSURANCE DEPARTMENTPort Bend County, Texas
AGENDA DOCUMENTATION
"The Health Insurance Portability and Accountability Act of 1996" amends Title Iof the Employee Retirement Income Security Act of 1976 (Erisa).
Self funded plans of state or local governments are allowed to opt out ofH.I.P.A.A.
H.I.P.A.A. includes:
1. Limits exclusions for pre existing conditions.
2. Prohibits discrimination against employees and dependentsbased on their health status
3. Guarantee renewability and availability of health coverageto certain employers and individuals; and
4. Protect many workers who lose health coverage by providingbetter access to individual health insurance coverage
Although Fort Bend County desires to opt out ofH.I.P.A.A. it voluntarily offerspre existing limitations of not more than twelve months.
The Newborn's and Mothers Health Protection Act of 1996 providing at least48 hours stay for both mother and newborn. Fort Bend County desires to opt outalthough it voluntarily provides this benefit.
The Mental Parity Act of 1996 affords parity in the applications of limits to certainmental health benefits. Fort Bend County desires to opt out although it voluntarilyprovides an excellent mental health plan.
The Fort Bend County Insurance Committee recommends opting out of theaforementioned acts and the authority to send notification to Washington.
TO; Judge Michael D. Rozen /Commissioner R. L. O'Sbie!es - Precinct 1Commissioner Grady Prestage - Precinct 2CommiBaioner Andy Meyers - Precinct 3Commissioner Bob Lutts - Precinct 4Dianne WillIon - County ClerkRobert Grayless - County AuditorBen "Bud" Cbilders - County Attorney
From: Marsha P. Gaines
Date: July 23, 1997
Re: Commissioners Cowt Agenda
Please place the fol1owing on the July 29, 1997, Commissioners Cowt Agenda:
1. Record the Fort Bend County Tax Assessor/Collector's Jooe 1997monthly report in the minutes.
MPG;jkr
Attaclunents
STATEMENT: EQUAL EMPLOYMENT OPPORTUNITY STATEMENT:FORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES.
r
• !
IOl
I00 ......-c:0f).... :00~tl._ .....-
~ .....~':~_.--00:-:·_
I'" '"_.r--
~~.....i8810 0i
I!.., N' .... ..,Ig~~lil'"'
i:~d.n'" ..,~~-C
,Ii8 gi ci 0
iI
i100- ~I ~ '"'..,'"I-~I~
I~~00
'" '"q~'0'"- ....""l'"1.- -8800
~.. ~00
8800
- '".... '".. ...:
'0 ..."":C"'!.....N ...- ~~
"'0 100
8800
0'"NO"":..0.. '0""=t..~N _
~--CO'N _
"; ..tf'i~::.t$.C
.... '"... '00\"":'" '"q f'l~~
~g00
8800
88do
gg00
8800 8800
88do
ggdo
8800
ggdo
8800
~g10 ci
8800
8800
ggcici
88do
8800
8800
gg00
8800
88cici 1~~
10 g!~ ci
Ii88
1
00
l~~i
!
go
,
IIg'0
II,0,e<'0
i18o
o-...8o
8800
8800
~INI~I..;1
~IItl....'~I
~t-
~Z:::l
8cZLUent-a:~ciot:;~E;la:o'"'"LU
'"~~
lL.o~c cio
t-o~~Z:::l
8
MARSHA P. GAINES 97-07-23 15:42 INFort Bend County Tax Assessor/Collector
To: Judge Michael D. Rozen /Commissioner R L. O'Shieles - Precinct 1Commissioner Grady Prestage - Precinct 2CommiI8ioner Andy MeyCl'll- Precinct 3Commissioner Bob Lutts - Precinct 4Dianne Wilson - County CledRobert Grayles8 - Counly AuditorBen "Bud" Cbildera - Counly Attorney
From: Marsha P. Gaines
Date: July 22, 1997
Re: Commissioners Court Agenda
Please place the fonowing "Over $500" refunds on the July 29, 1997, CommissionCl'llCourt Agenda:
1. NOlWest Mortgage Inc.Owner: Standard Pacific of TexasAccount #0089-00-000-1918-907Paid InError
$1,618.75
Pct 3009
2. Franklin D. and Betty J. WebsterAccount #7550-0s-QOO-I400-907Credit Over 65 and Homestead Exemp1i.ons
$770.92
Pct. 3009
STATEMENT: eQUAL EMPLOYMENT OPPORTUNITY STATEMENT:FORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR. NATIONAL ORIGIN. SEX, REUGION, AGE OA DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES.
MARSHA P. GAINES 0'7-07 '~)/.-" I - ,:>1 0:): 4 q I ;\1
Fort Bend County Tax Assessor/CollectorP.O. Box 399 Richmond, Texas 77406·0399
(713) 341-3710 Fax (713) 341-9267
MEMORANDUM
vtO: MIKE ROZELL, COUNTY JUDGE
FROM: MARSHA P, GAINES, TAX ASSESSOR/COLLECTOR
SUBJECT: AGENDA ITEM
DATE: JULy 24,1997
Please place the following request on the next Commissioners Court Agenda:
Request approval to increase the liability of the vault by $500,00,due to the increase in returned checks and the need for changein the cash register, We have a $500,00 buffer from Needville'sclosed bank account which should go back to the general fundif our request is denied,
Ifyou have any questions concerning this matter, please contact my office,
cc: Commissioner Bud O'ShielesCommissioner Grady PrestageCommissioner Andy MeyersCommissioner Bob LuttsCounty Attorney Bud ChildersCounty Clerk Dianne WilsonCounty Auditor Robert Grayless
STATEMENT: eQUAL EMPLOYMENT OPPORTUNITY STATEMENT:FORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR DISABILITY IN EMPlOYMENT OR THE PROVISION OF SERVICES.
MARSHA P. GAINESFort Bend County Tax Assessor/Collector
To: Judge Michael D. RozenCommissioner R L. O'Sbieles - Precinct 1Commissioner Grady Prestage - Precinct 2Commissioner Andy Meyers - Precinct 3Commissioner Bob Lutts - Precinct 4Diamte WiIaon • CoUll1y ClerkVRobert Grayless - Cowlty AuditorBen "Bud" Childers - County Attorney
From: Marsha P. Gaines
Date: July 22, 1997
Re: Commissioners Comt Agenda
Please place the following "Over $500" refunds on the July 29, 1997, CommissionersCourt Agenda:
1. NOlWest Mortgage Inc.Owner: Standard Pacific of TexasAccount #0089-00-000-1918-907Paid In Error
$1,618.75
Pet. 3009
2. Fraoldin D. and Betty J. WebsterAccount #7550-08-000-1400-907Credit Over 65 and Homestead Exemptions
$770.92
Pet. 3009
STATEMENT: EQUAL EMPLOYMENT OPPORTUNITY STATEMENT:FORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE. COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR DISABILITY IN EMPlOYMENT OR THE PROVISION OF SERVICES.
':BC/TAC MAIL ROOM
State Property Tax BoardTax Refund Application 31.11 (4/82)
APPLICATION FOR TAX REFUND
Fort Bend County Tax Assessor/CollectorFort Bend County(Taxing Units)P.O. Box 399, Richmond. TX 774Q6.0399
Address: City,State,Zip
In order to apply for a tax refund, the following information must be provided by the taxpayer.IDENTIFICATION OF PROPERTY OWNER:Name: Franklin D & Betty J WebsterAddress: 14 Bendwood Dr. Sugar Land. TX 77478-3701Telephone Number (If additional information is needed):. _
IDENTIFICATION OF PROPERTY:Description of Property; Sugar Creek Sec 8. Lot 14Address or Location of Property::-::-:-1~4~B!Se:-:n~dwo~od~.!ODO!:r=- -.,::--,-..,...,=-======---Account Number of Property: 7550-08-000-1400-907 or Receipt #: 96121731368
INFORMATION OF PAYMENT ON TAXES:Name of Taxing Unit Year forFrom Which Refund Which Refundis Requested is Requested
FBC 1996
Date of theTax Payment
11129196
Amount ofTaxes Paid
$770.92
Amount ofTax RefundRequested
$770.92
Taxpaye~s reason for refund (attach supporting documentation) 1996 - Credit Homestead andOver Sixty-Five Exemptions per Supplement #6.
V..u.RiJ ~DETERMINATION OF TAX REFUND: __ Approval __ Disapproval
DateSignature of Authorized Officer
Signature of Presiding Officer(s) of Taxing Unit(s) forRefund Applications over $500
Date
Any person who makes a false entry upon the foregoing record shall be SUbject to one of thefollowing penalties: 1. Imprisonment of not more than 10 years nor less than 2 years and/or afine of not more than $5000 or both such fine and imprisonment; 2. Confinement in jail for aterm up to 1 year or a fine not to exceed $2000 or both such fine and imprisonment as set forthin Section 37.10, Penal Code.
~suPtt.:::;..t/_ACCOUNT # 7550-08-000-1400-907AS OF 1996 VALUE: $119,690LEGAL SUGAR CREEK SEC 8, LOT 14 RECEIPT # 96121731368
COLLECTED $770.92
YEAR UNIT Levy Paid P & I FEES PAYMENT96 FBG-DF 50.15 .00 .00 50.1596 FBG-GF 720.77 .00 .00 720.7796 FBC-DF 50.15- .00 .00 50.15-96 FBG-DF 50.15 .00 .00 50.1596 FBC-GF 720.77- .00 .00 720.77-96 FBC-GF 720.77 .00 .00 720.77
PAID BY: TOTAL APPLIED TO:
WEBSTER FRANKLIN D & BETTY J LEVY $770.9214 BENDWOOD DR P & I .00SUGAR LAND, TX 77478-3701 FEE .00
TOTAL $770.92
, -
'''l!IT~~~~~lROO\A
I 2 6 '1997'. '997NORWEST
/ELECTRONIC
TAX SERVICE
June 23, 1997
FORT BEND COUNTYTAX COLLECTORPOBOX 399RlCHMOND TX 77406
RE: Request for RefundNorwest Loan: 1941661
Installment Date: 12-96
Incorrect Parcel: 0089000001918907Homeowner's Name: STANDARD PACIFIC (C/O Randy C. Fletcher)Homeowner's Address: PO BOX 441607 HOUSTON, TX 77244-1607
Correct Parcel: 6705310030250907Norwest Homeowner's Name: DAVID KESSINGER
4910 BEND CTSUGAR LAND, TX 77478
Norwest Mortgage made erroneous payment to parcel, 0089000001918907, in the amountof$1618.75. Please issuse a refund of $1618.75, making the check payable to NorwestMortgage. If you have any questions, please call me at 1-800-288-3212 ext. 75741.
Thankyoll,
H~ .Heather Engeltjes ~Tax Departmentenclosure
Norwest Electronic Tax Service405 S. W. 5th Street· Des Moines. IA 50328
800·499-4 TAX (4829) Ext. 7799FAX 888-638-7329 or 515-237-7820
.......•••••NORWEST•••••.."..'"I II 1-
' ..
MARSHA P. GAINESFort Bend County Tax Asscssor/Colieclor
FROM: MARSHA P. GAINES, T.-\.\: ASSESSOR/COLLECTOR
SUBJECT: AGE1'mA ITEM
DATE: JlJLY 24,1997
Please place the following request on the next Commissioners Court Agenda:
Request approval to increase the liability of the vault by 5500.00,due to the increase in returned checks and the need for changein the cash register. We have a 5500.00 buffer from Needville'sclosed bank account which should go back to the general fundif our request is denied.
Ifyou have any questions concerning this matter, please contact my office.
cc: Commissioner Bud O'ShielesCommissioner Grady PrestageCommissioner Andy MeyersCommissioner Bob Luttst;ountv Attornev Bud Childers
c/countY Clerk Dianne WilsonCounty Auditor Robert Grayless
STATEMENT: EQUAL EMPLOYMENT OPPORTUNITY STATEMENT:FORT BEND COUNTY DOES NOT DISCRIMINATE ON THE BASIS OF RACE. COLOR, NATIONAL ORIGIN, SEX, REUGION, AGE OR DI$ABlUTY IN EMPlOYMENT OR THE PRQVlS10N OF SERVICES
i i ,-
COMMISSIONER PREClNCf 3Port Bead CouIIl)', T_
TO:
PJl.OM:
DATS:
SUBJECI':
D_8oIloIt
ConMn"OOIr Aacly Meylll
1ll1y24,1997
AatadaPINft pllce the I'oIIowIq ~ 00 the llIIy:l9, 1997 .....
AI we ..... Iocd _ diep-: DlIcuaa e-ty vchiclf hUoy.
SUBJECT: Fairgrounds Staging Area Site AgreementHL&P
I have reviewed the attached Agreement and it is approved as to legalform.
301 Jackson· Suite 621 • Richmond, Texas 77469-3506
•• --- - 1 l' --- -~
'" ' .. '
>It J' ......-.,_~.
G5HoustonIndustriesIncorporated
July 16, 1997
County Judge Michael D. RozellP. O. Box 368Richmond, Texas 77469
RE: HL&P Self Insurance
Dear Judge Rozell:
Please be advised that Houston Lighting & Power Company (a wholly owned subsidiaryof Houston Industries Incorporated) is self-insured with respect to the following:
As respects General Liability and Automobile Liability, Houston Lighting & PowerCompany is self-insured for the fIrst $5,000,000 and is 50% coinsured on the next $5,000,000of any claim. Thus, HL&P could have as much as a $7,500,000 self-insured retention on eachclaim.
If you should have any questions regarding the foregoing, please call me at 7131207-3131.
ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTE THESTAGING AREA SITE AGREEMENT BETWEEN FORT BEND COUNTYFAIRGROUNDS AND HOUSTON LIGHTING & POWER DEPARTMENT
On this the -.d:21. day of ~~ , 1997, the Commissioners Court
of Fort Bend County, Texas, upon motion of Commissioner &ctt..o..J 'seconded by Commissioner ~~ /) / dilly put and carried;
IT IS ORDERED that the Fort Bend County Judge is hereby authorized to execute the
Agreement for Houston Lighting & Power to use the Fairgrounds staging area during
emergency/disaster electrical restoration. Said Agreement is incorporated herein by reference for all
purposes as though fully set forth herein word for word.
-. '.
STAGING AREA SITE AGREEMENT
lbis agreement is made and entered into between Fort Bend County and Houston Lighting &Power Company (HL&P) for the purpose of providing the Fort Bend County Fairgrounds asa staging area to Houston Lighting & Power Company, it's Contractors, Agents andVolunteers, during emergency/disaster electrical restoration.
FACILITIES SHALL INCLUDE THE FOLLOWING:
All facilities excluding the Arena
HL&P shall exercise reasonable care in the conduct of its activities in such facilities andfurther agrees to replace or reimburse for any supplies that may be used by HL&P in theconduct of its relief activities in said disaster, HL&P agrees to fully reimburse Fort BendCounty for any and all damage to the facilities caused or occasioned by the use of saidfacilities by HL&P, its Contractors, Agents and Volunteers under the terms of this agreement
HL&P agrees to accept the facilities of the Fort Bend County Fairgrounds including thebuildings thereon; in the condition in which they exist when the request for.·use: is made,without any representations, statements, warranties, express or implied, in respect to theircondition, for the use or occupation that may be made of the facility by HL&P, and in no eventshall Fort Bend County be liable for any latent defects therein. HL&P also agrees toindemnify and hold harmless, Fort Bend County, its Agents, and Employees from any and allclaims, damages, liabilities or expenses arising out of the HL&P use of the facility includingthe buildings and any act of omission or negligence of HL&P, its Agents, Invitees orEmployees. HL&P is self insured for $7.5 million per claim per the attached letter fromHouston Industries, Incorporated.
HOUSTON LIGHTING & POWER COMPANY
Q-·.Q.~r~Richard A. ZapaillCService Area Manager
Mich el D. RozellCounty Judge
,Date7- 21· 17
Date
[i]HOustonIndustriesIncorporated
July 16, 1997
County Judge Michael D. RozellP. O. Box 368Richnlond, Texas 77469
RE: HL&P Self Insurance
Dear Judge Rozell:
Please be advised that Houston Lighting & Power Company (a wholly owned subsidiaryof Houston Industries Incorporated) is self-insured with respect to the following:
As respects General Liability and Automobile Liability, Houston Lighting & PowerCompany is self-insured for the fIrst $5,000,000 and is 50% coinsured on the next $5,000,000of any claim. Thus, HL&P could have as much as a $7,500,000 self-insured retention on eachclaim.
If you should have any questionsregarding the foregoing, please call me at 7131207-3131.
Bill OldhamDirector - Risk Management
BOlsccc: R. E. Hughes
S. C. Helm
po. Box 4567, Houston, Texas 77210 (713) 207-3000
COUNTY PURCHASING AGENTFort Bend County, Texas
Gilbert D. Jalomo, Jr., CPPBCounty Purchasing Agent
(281) 341-8640Fax (281) 341-8642
July 24, 1997
TO: Office of the County JudgeFort Bend County, Texas
SUBJECT: Agenda Items Commissioners Court July 29,1997
1. Consider taking action on the following bids:
a. Sale of jukebox - Bid #97-074.b. Sale of disk drives - Bid #97-075.
<\) ~ Authorize purchase of one (1) 1997 Ford Crown Victoria police package automobile'\ C\...~ pursuant to bid #96-082 for Constable Pct #2, funding from the general fund.
3. Consider granting exemption to the competitive bid process as authorized by§262.024 Texas Local Government Code for the purchase of a professional servicefrom T/GE Resources for site remediation.
4. Consider taking action on Construction of East End Annex pursuant to Bid #96-062.
5. Consider granting exemption to the competitive bid process as authorized by§262.024 Texas Local Government Code for an item necessary because ofunforeseen damage to public property - public welt repairs from GeophysicalDrilling, Inc. for Road & Bridge facility.
cc: Commissioner O'ShielesCommissioner PrestageCommissioner MeyersCommissioners LuttsBud ChildersDianne Wilson
500 Liberty Street· Suite 103 • 301 Jackson. Richmond. Texas 77469
TABULATION
SALE OF SURPLUS PROPERTYATG CYGNET JUKEBOX
BID #97-074
$326.00Singer Metals2301 S Main StFort Worth TX 76110
RECAPITULATION OF BID
Commissioners Court Approval:Legal notice run in newspaper:Bid opening date:Bids received:
March 24thJuly 6thJuly 21st1
I II
,
TABULATION
SALE OF SURPLUS PROPERTYTHIRTEEN (13) DISK DRIVES
BID #97-075
$326.00Singer Metals2301 S Main StFort Worth TX 76110
RECAPITULATION OF BID
Commissioners Court Approval:Legal notice run in newspaper:Bid opening date:Bids received:
~ ~ ~ :l2 o~iP5gggm 'C o...J~mmm:l2 :l2 :l2 :l2III III III III
0 0 g 0
~ ~~ iq q q.., '" :8. ;l; =m'" U;. ~ ~ ~ ~". '" l l l'" '" .. ,,;
b;;; ;;; ;;; ;;;:l2 :l2 ilii :l2III III III
.. ~m~ u .c~ ~ "oj ~ m ...E m en::; '2 "Ii 'l! .c
If! 'l! 0 .!! 0 E 'l!0 ... ... m 0"0 0 .. ... .. ::; ... 'l!::; ... Ji $ .5 m 0
! 'iii '0 E '5 u .!! ...~ en.c " 0 " ; ~E " m m
" " ~ x~ u m 0 •... « ::; « -' -' ....
I II
COUNTY PURCHASING AGENTFort Bend County, Texas
Gilbert D. Jalomo, Jr., CPPBCounty Purchasing Agent
(281) 341-8640Fax (281) 341-8642
TO:
FROM:
Each MemberCommissioners CourtFort Bend County, Texas
Gilbert D. Jalomo, Jr.County Purchasing Agent
SUBJECT: Professional services exemption
DATE: July 23, 1997
On July 29th I will appear before the Commissioners Court requesting an exemption to thecompetitive bid requirements as authorized by §262.024 Texas Local Government Codefor the purchase of a professional service from T/GE Resources for site assessment andremediation at the EMS Facility located at 13401 Southwest Freeway in Sugar Land, aswell as, the Vehicle Maintenance facility located at 1410 Ransom Road in Richmond fora total of $28,057.00.
500 Liberty Street. Suite 103 • 301 Jackson. Richmond. Texas 77469
. . • .ru..-23-1997 15:20 GECFHYS I a:L DR I LL I NG INC •v~vrn~~~~~~UK1~~!NU,!Wc.
P.O. BOX 664FULSHEAR, TX 77441
HILL li'1UI1LT Ow•• P & OPUAUDFAX' (291) 533-9355
713 533 9355 P.02(281) 391-2333
g~2.)tPIU',,--- ~....
Mr. M. Gene Freund, P.E., H.P.L.S.Assistant County EngineerPort Bend County Engineering Dept.(281) 342-3039 FAX' 342-7366
QUO TAT IONJuly 23, 1997
QUOTATION for PUBLIC WELL for FORT BEND COUNTY
1 ea. 5" SDR-17 pvc oaseel water well with a total depth of 260 feet; (......)FULLY Halliburton PRESSURE CEMENTED;with Baker DQ-500 6" x 5" x 2" pitless adapter.
1 ea. 6" It 6' x 6' ooncrete slab.lea. 3" x 20 feet stainlesll Steel Rod base soreen w/installation kit.1 ea. 40s50-15 (15 stage) Grundfos Stainless steel pump w/Franklin 5 HP
460 Volt 3 Phase submersible eleotrio motor w/control.(Rated 49 9pm @ 50 psi anel 140' pumping level)
1 ••• 490 gallon galvanized pressure tank installed at well head.1 ea. Air-Rite air control system.1 Lot PIUlllbingkit 2" to Texas Public standards.I ea. 2" water meter.200 ft. 2" Certa-Lok pvo pump pipe w/2 ea. stainless steel nipples.200 ft. 12 gauge 3 wire w/ground submersible pump cable.1 Lot 36 hour pump test with drawdown gauge anelmetering reports.1 Set (3) three bacteriological tests.1 ea. 3 gallon per day Chlorinator System.
QUOTED .....•.TOTAL COST of ABOVE ••..$ 16,090.00
CONDITIONS of CONTRACT(**) 1. COKPLEUOH DEPTH CU VAtU raOK QIIonD DEnH, tHl PIRAL PRICE WILL CBAIIOI
A'l' THI RUE OF $ 10.00 (nus OR MIliUS) UR rOOT.:2. PUMP PIPE AHD PUMP CABLI: LIIIG'I'RS CAll VARY DltERPIRa OR 'I'HIl STATIC WA"gR LlVEL.
TilE l\CTUAL LBI/OrHS UUD WILL BI CHARGID.3. THIS PRICE IS EXCLUBIVE OF BLICTRICAL SUPPLY TO rHE VELL LOCArIOH AIID "IEIKO
lR or DISTRIBU'I'IOR LIRE.4. GIOPHTSlClIL DRLO. III HOT RIUJPOKSULI FDa PAMAGE '1'0 nOfER'I'T VHILI EK'l'BRUIG,
PBRFORMUIO WORK, DR EXITIRG PROUIlTY. ALL rRECAU'I'IOIIIl WILL IE TAKEII.5. THIS WATER SYSTEM IS OUARANTEED FOR (1) 0111 TEAll TO IIICLUDE DOTH LABOR AIID
MATEIUALS TO REPAIR/RIPLACB, / I!'/ FAILURE II DUI '1'0 BAD WORlOIAIlSRU OR"ATIRIALS VE USED.
6. PATHERT TERMS TO BIl ADA.OED OR ACCEPTAIIOI or CO.TRACT.
IJpv f/ldL,.'. .Respectfull y submi tt.d by : ..L>t:.!:.~-:;£.JI"""''''''' _
*.*.*...** ACCEPTANCE of PROPOSAL .*******The above prices, specifications and conditions are satisfactory and arehereby aocepted. You are authoriEed to do the work as specified.Payment will be made as arranged, on acoeptance of contract •
. . . ; DAn, , SIGNATURE _
tOOd 9S€L e::17€tse::-r,","'r"'" ,., ........
8~~ 8 ~ ~ ~8d ~tt:60 L6-172:-Lnc
- ---,----
AGENDA ITEM # 28 ( 1 )
PUBUC HEARIN6 NOTICE
I?<=)~: to change Summerfield Ridge Court to Summerfield
Ridge Drive
DATE: August 26. 1997
TIME:'-~~.!!!..:..._----------9:30 a.m.
NEWSPAPE~(s}: _
XNV<=)ICE: _
July 17,1997 ENGINEERING AND SURVEYING9990 RICHMOND AVENUE, SUITE 450
NORTH BUILDINGHOUSTON, TEXAS 77042
(713) 783-7788 (713) 783-3580, FAX
Mr. Ronald Drachenberg, P.E.Fort Bend County Engineering Dept.P.O.Box 1449Rosenberg, Texas 77471
VIA FACSIMILE281-342-7366
Re: Recorded Plat of Summerfield Section FourCI Job No. 96021-12
Dear Mr. Drachenberg:
It has been brought to my attention that Summerfield Ridge Court in the above referencedplat has already been used as a street name in Summerfield Section Two. The preliminary platoriginally showed this street to be called Drive, but it was changed to Court to comply with a reviewcomment made by the City of Houston. Unfortunately the County's review comment regarding theduplication of the street names was overlooked, and the plat was recorded with a duplicate streetname. The title companies who are presently trying to close on new lots in Summerfield SectionFour have expressed concern about the close proximity of the two streets sharing the same name.
Mr. Steve Evans in your office stated that changing the street name from Court to Drive isa very minor revision to the plat and could likely be handled as a petition by the 911 committee, thusavoiding the need to undergo an entire replat. We hereby request that the 911 committee petitionCommissioners Court to have the street name changed from Summerfield Ridge Court toSummerfield Ridge Drive in order to comply with the previous request of the County EngineeringDepartment. It is my understanding that it may be possible to address this issue at theCommissioners Court meeting scheduled for the 29th of this month. Please call if there is anythingwe can provide to help expedite this process.
Sincerely,
Jle~Chris L. Fields, P.E.
Project ManagerCLF:jep
cc: Ken Caffey - Amvest
AGENDA ITEM # 28 < 2)
PUBUC HEARING NOTICE
!?<=>]Rl:traffic control plan for Fairchilds Area-Psencik
Road, Fairchilds Road and Janda Road, Pet. 1
DATE: August 26, 1997
TJI:ME: 9:30 a.m.
NEWSP APE]Rl(S): _
][NVOICE: _
AGENDA ITEM # 28 ( 3 )
PUBUC HEARING NOTICE
}?<=)]Rl:Kingsbridge Park, Section ~, a partial replat of
Reserve "A" of Kings Landing, Pct. 3
DATE: September 2, 1997
TIME: 9:30 a.m.
NEWSP APE]Rl(~D: _
INV<=)ICE: _
AGENDA ITEM # 28 < 4)
PUBUC HEARING NOTICE
DATE: September 2. 1997
TillE: 9:30 a.m.
NEWSPAPER(§): _
][NVOICE:, _
--,---'!r-rr, ,---""-
MEMOI - I
DATE: July 10, 1997
TO: Fort Bend County Judge Michael RozellCommissioner R 1. "Bud" 0'Shieles, Pct. 1Commissioner Grady Prestage, Pct. 2Commissioner Andy Meyers, Pct. 3Commissioner Bob Lutts, Pct. 4Manuela Tobias
FROM: Jeff Garrett, RS.Chief County Sanitarian
RE: Adoption of On-Site Facility Local Order
Enclosed is a copy of the proposed Order Adopting Rules of Fort Bend County, Texas for On-Site Sewage Facilities. The need for changing our existing order was brought about by thechange in State rules in February of this year.
The proposed order uses the rnRCC form and complies with current laws. The Amendmentslisted in Section 10 are the rules which Fort Bend County would like to use. These are morestringent than the State's rules.
If you are in agreement, we will need to place this item on the agenda and hold a public hearingbefore the Court adopts this order. Once adopted, the order will have to be sent to rnRCC forfinal approval.
If you have any questions, please feel free to contact this office.
SUBCHAPTER B : LOCAL ADMINISTRATION OF THE OSSF PROGRAM§285.10-§285.11
§285.10. Delegation to Authorized Agents.
(a) RequirementslProcedures.
(1) Local governmental entities which desire to become authorized agents of thecommission shall request such in writing to the executive director.
(2) Upon request, the executive director shall forward to the entity a description of theprocess of delegation and a copy of the model order/ordinance. Any changes to the model order/ordinance by the local entity based on local COnditiOIlSmust be COllSistentwith tbis chapter. Theexecutive director shall be the sole and final ~uthority in determining the acceptability of proposedchanges from the model order/ordinance. A local government entity which wants to be designated anauthorized agent for the OSSF program shall follow the following procedures:
(A) Upon request, the executive director shall provide model orders orordinances to local entities.
(B) The executive director consults with local authorities as to specificprocedures and requirements to obtain authorized agent status.
(C) The local government entity shall draft an order or resolution regulatingOSSFs within its jurisdiction which meets the requirements of §366.032 of the Texas Health and SafetyCode. In the event that the local government entity drafts a proposed order which is different from themodel order/ordinance, the local government entity shall submit the proposed order/ordinance to theexecutive director for review and comment prior to notice being published. Within 30 days of receiptof the proposed order/ordinance, the executive director shall review the proposal and provide commentto the local government entity on whether the proposed order/ordinance meets the agency's minimumrequirements.
(D) The local government entity shall cause notice to be pUblished, in anewspaper regularly published and of general circulation in the area of jurisdiction, of a public hearingto be held to discuss the adoption of the proposed order or resolution;
(E) The local government entity shall hold a public meeting to discuss theproposed order or resolution;
(F) The local government entity shall adopt that order or resolution;
(G) The local government entity shall send a certified copy of the minutes ofthe meeting which adopted the order or resolution;
(H) The local government entity shall send a certified copy of the order orresolution;
(l) Upon receipt of the complete package requesting delegation, the executivedirector will review to see that it complies with the requirements of this chapter and Chapter 366 of theHealth and Safety Code. If found to be compliant, the executive director will notify the local entity bymail of their authorized agent status and the date the authorized agent shall assume jurisdiction of theOS SF program. The authorized agent shall administer its OSSF program in accordance with itsapproved OSSF waste disposal order/ordinance. All authorized agents shall maintain theirorders/ordinances in accordance with the minimum requirements of this chapter.
(b) Amendments to existing orders/ordinances. The amendment procedure may be initiated bythe authorized agent in accordance with subsection (a) of this section. The executive director mayrequire periodic revisions or renewals of OSSF orders/ordinances for compliance with new rules orregulations .
(c) Resolution of nuisance complaints by an authorized agent. A major activity of anyauthorized agent is the satisfactory resolution of nuisance complaints involving OSSFs. An authorizedagent may require a property owner to repair a malfunctioning OSSFs on the owner's property not laterthan the 30th day after the date which the owner is notified by the authorized agent of themalfunctioning system.
(d) Authorized agent's reporting requirements. Each authorized agent shall provide to theexecutive director a detailed monthly report of qSSF activities as prescribed by the executive director.Categories in this report shall include, but not be limited to the following:
(I) subdivision reviews;
(2) complaint and enforcement activities;
(3) information on the numbers and types of OSSFs permitted; and
(4) administrative activities performed by the authorized agent.
(e) Relinquishment of authorized agent delegation. If an authorized agent decides to relinquishits delegation to regulate OSSFs under the regulatory authority granted by Chapter 366 of the Healthand Safety Code and this chapter, the authorized agent shall adhere to the following procedures:
(1) The authorized agent shall inform the executive director by certified mail at least30 days prior to publishing the notice that it wishes to relinquish its OSSF order.
(2) The authorized agent shall publish notice, indicating its intent to relinquish, in anewspaper regularly published or circulated in the area of jurisdiction prior to taking further action torelinquish.
84, "
BEN W. "Bud" CHILDERSCounty Attorney
COUNTY ATTORNEYFORT BEND COUNTY, TEXAS
TO: Lydia BourgHealth Department
FROM: Jamie Stavinoha JsAssistant County Attorney ---
DATE: June 23,1997
SUBJECT: Revised 1NRCC form
flj:cover.let:3170-1
I have reviewed the revised 1NRCC model form for adopting on-sitesewage facility rules. The proposed Order is approved as to form, andmay be submitted to Commissioners Court at your convenience.
30 I Jackson. Suite 621 • Richmond, Texas 77469-3506
(713) 341-4555Fax: (713) 341-4557
I TT ----------r--
COUNTY OF FORT BEND
STATE OF TEXAS
AFFIDAVIT
Before me, the undersigned authority, personally appeared DianneWilson, who being by me duly sworn, deposed as follows:My name is Dianne Wilson, I am of sound mind, capable of makingthis affidavit, and personally acquainted with the facts hereinstated:I am the custodian of the records of the County Clerks Office forthe County of Fort Bend, Texas. Attached hereto are /v pagesof records known as the Order Adopting Rules of Fort Bend County,Texas for On-Site Sewage Facilities. The records are kept by meas County Clerk of Fort Bend County, in the regular course ofbusiness with knowledge of the act, event, condition, opinion, ordiagnosis, recorded to make the record or to transmit informationthereof to be included in such record; and the record was made ator near the time or reasonably soon thereafter. The recordattached hereto is the original or exact duplicate of theofficial record.
Before me, the undersigned authority, a Notary Public in and forsaid County, Texas, on this day personally appeared DianneWilson, known to me to be the person whose name is subscribed tothe foregoing instrument and acknowledge to me that she executedthe same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this1997.
a.~day Of~
(Seal) JEANLEDBmERNolllY Public State of Texas
My CommiUlon ExpiresAUGU8T2i lift
, "
ORDER ADOPTING RULES OF FORT BEND COUNTY, TEXASFOR ON-SITE SEWAGE FACILITIES
PREAMBLE
WHEREAS, the Texas Natural Resource Conservation Commission hasestablished Design Criteria for on-site sewage facilities toprovide the citizens of the State with adequate public healthprotection and a minimum of environmental pollution; andWHEREAS, the Legislature has enacted legislation, codified asTexas Health and Safety Code, Chapter 366, which authorizes alocal government to regulate the use of on-site sewage disposalfacilities in its jurisdiction in order to abate or preventpollution, or injury to pUblic health arising out of the use ofon-site sewage facilities; andWHEREAS, due notice was given of a meeting and public hearing todetermine whether the Commissioners Court of Fort Bend County,Texas should enact an order controlling or prohibiting theinstallation or use of on-site sewage facilities in the County ofFort Bend, Texas; andWHEREAS, said meeting and public hearing were held in accordancewith the notice thereof, and the evidence and arguments therepresented were considered by the Commissioners Court of Fort BendCounty, Texas; and
WHEREAS, the Commissioners Court of Fort Bend County, Texas findsthat the use of on-site sewage facilities in Fort Bend County,Texas is causing or may cause pollution, and is injuring or mayinjure the public health; andWHEREAS, the Commissioners Court of Fort Bend County, Texas hasconsidered the matter and deems it appropriate to enact an Orderadopting Rules regulating on-site sewage facilities to abate orprevent pollution, or injury to pUblic health in Fort BendCounty, Texas.
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF FORTBEND COUNTY, TEXAS:SECTION 1. THAT the matters and facts recited in the preamblehereof are hereby found and determined to be true and correct;SECTION 2. THAT the use of on-site sewage facilities in FortBend County, Texas is causing or may cause pollution or isinjuring or may injure the public health;SECTION 3. THAT an Order for Fort Bend County, Texas BE adoptedentitled "On-Site Sewage Disposal," which shall read as follows:
Paqe 1
AN ORDER FOR ON-SITE SEWAGE DISPOSALSECTION 4. CONFLICTS.All Orders or parts of the Orders of Fort Bend County, Texas notconsistent with or in conflict with the provisions of this Orderare hereby repealed.
SECTION 5. ADOPTING CHAPTER 366.The County of Fort Bend, Texas clearly understands the technicalcriteria, legal requirements, and administrative procedures andduties associated with regulating on-site sewage facilities, doesadopt and will fully enforce Chapter 366 of the Texas Health andSafety Code.
SECTION 6. AREA OF JURISDICTION.(a) The Rules shall apply to all the area lying in Fort BendCounty, Texas except for the area regulated under an existingRule and the areas within incorporated cities.(b) These Rules shall apply to those incorporated cities or townsthat have executed intergovernmental contracts with Fort BendCounty, Texas.
SECTION 7. ON-SITE SEWAGE FACILITY RULES.Any structure discharging sewage into an on-site sewage facilitywithin the jurisdictional area of Fort Bend County, Texas mustcomply with the Rules adopted in Section 8 of this Order.
SECTION 8. ON-SITE SEWAGE FACILITY RULES ADOPTED.The Rules ("Design Criteria For On-site Sewage Facilities" andAdministrative Rules 30 TAC 285.1 - 285.91) attached hereto,promulgated by the Texas Natural Resource Conservation Commissionfor on-site sewage systems are hereby adopted, and all officialsand employees of Fort Bend County, Texas having duties under saidRules are authorized to perform such duties as are required ofthem under said Rules.
SECTION 9. INCORPORATION BY REFERENCEThe Design Criteria and all future amendments and revisionsthereto are incorporated by reference and are thus made a part of
Paqe 2
these Rules. A copy of the current Design Criteria is attachedto these Rules as Appendix I.
SECTION 10. AMENDMENTSThe County of Fort Bend, Texas wishing to adopt more stringentRules for its On-site Sewage Facility Order understands that themore stringent conflicting local Rule shall take precedence overthe corresponding Texas Natural Resource Conservation Commissionrequirement. Listed below are the more stringent Rules adoptedby Fort Bend County, Texas:
(a) All construction of, alteration or modification to, on-site sewage facilities shall be permitted and inspected,regardless of the size of the tract of land.(b) All construction of any type of on-site sewage facility,other than a standard system shall be by a RegisteredInstaller.(c) Only one single family dwelling shall be allowed on anyexisting lot developed or subdivided prior to January 1,1988, which is smaller than the minimum lot size specifiedin the rules in effect at the time of development.(d) All aerobic treatment units with a manufacturer's ratedcapacity of 1,000 gallons a day or more shall be visitedmonthly. A chlorine residual or fecal coliform test shallbe made at each site visit. One BODs and TSS Grab Sampletest shall be conducted per year. The minimum acceptabletest results shall be those outlined by the State. All testresults and maintenance shall be sent to the DesignatedRepresentative within 14 days.(e) All pumps used in an on-site sewage facility shall berated by the manufacturer for pumping sewage or sewageeffluent.(f) Liquid penetration of the inlet device in the septictank shall be at least six inches, but never greater thanthat of the outlet device. Liquid penetration of the outletdevice shall be approximately one-fourth to one-half of thetank's liquid depth. "T" branches are required for inletand outlet devices. The open spaces between the tops of theinlet and outlet devices and the underside of the tank covershall be visible separations not larger than one inch.(g) All pipe shall be installed with the identifying numbersfacing upward.
Paqe 3
III .~
(h) The backfill material shall be on the site insuitable quantities to complete the job at the time ofthe construction inspection.(i) A septic tank outlet filter shall be installed inall new septic tank installations or the septic tankshall be sized for an additional bedroom.(j) The final grade shall be covered with vegetationfully capable to take maximum advantage oftranspiration. Grasses with dormant periods shall beoverseeded to provide year-round transpiration.(k) No component of an on site sewage facility shall becovered until an inspection by the licensing authority hasbeen made. provided, however, excavations may be partiallybackfilled with the permission of the licensing authority ifrain or other Acts of God are forecast. All ends and othercritical items shall not be covered until the licensingauthority has determined, as evidenced by the issuance of alicense to operate, that the installation, construction, ormodification complies with these Rules, Standards, or otherspecial conditions specified in the permit.(1) No person may cause or allow the installation of an on-site sewage facility when any part of the facility is to bewithin 300 feet in horizontal distance (measured on theclosest practicable access route) of an existing organizeddisposal system, unless one of the following requirementshas been met:
(i) The person has received a written denial of servicefrom the owner or governing body of the organizeddisposal system; or(ii) The person has received a written determinationfrom the licensing authority that it is not feasiblefor the person to connect to the organized disposalsystem.
(m) Whenever an organized disposal system is developedwithin 300 feet in horizontal distance (measured on theclosest practicable route) from any part of an on-sitesewage facility, that facility shall be connected to theorganized system unless one of the requirements set forth inSubsection (1) (i) or (1) (ii) of this section has been met.(n) The rock used in a low pressure dosing or pumpedeffluent excavation shall be level with the top of the pipe.
SECTION 11. DUTIES AND POWERS.
Paqe 4
, "
The Health Department of Fort Bend County, Texas is herewithdeclared the designated representative for the enforcement ofthese Rules within its jurisdictional area. The appointedindividual(s) must be approved and certified by the Texas NaturalResource Conservation Commission before assuming the duties andresponsibilities of the Designated Representative of Fort BendCounty. The designated representative shall have the followingduties and concomitant powers:
(a) To resolve any question regarding any interp~etation ofthese Rules, or the Design Criteria.(b) To enforce these Rules and to make appropriaterecommendations to proper county officials when instances ofnoncompliance with these Rules have been determined.(c) To make statutorily mandated inspections of proposed,new and existing on-site sewage facilities.(d) To collect fees set by the authorized agent as necessaryto recover the reasonable costs incurred in meeting therequirements of these Rules.(e) To make semi-annual reports to the authorized agent onall actions, including legal actions, taken concerning theseRules.(f) To investigate nuisance complaints within 21 days ofreceipt. All validated complaints shall be resolved orsubstantial progress made toward resolution by responsibleindividuals within 30 days.(g) To perform all other duties necessary to meet therequirements of these Rules.
SECTION 12. COLLECTION OF FEES.All fees collected for permits and/or inspections shall be madepayable to Fort Bend County, Texas.
SECTION 13. LICENSE TO OPERATE.Each new on-site sewage facility shall be inspected and approvedby the designated representative prior to the final covering ofthe facility.
(a) The applicant or registered installer shall notify thedesignated representative at least 1 working day prior tothe need for inspection.(b) The applicant or registered installer shall provide
Paqe 5
I I
whatever reasonable assistance the designated representativerequests in order to make the inspection.(c) The applicant or registered installer must be present atthe time of the inspection of the facility.
SECTION 14. APPEALS.Persons aggrieved by an action or decision of the designatedrepresentative may appeal such action or decision to theCommissioners Court of Fort Bend County, Texas.
SECTION 15. ENFORCEMENT.The designated representative may routinely inspect on-sitesewage facilities to assure continued compliance with theseRules.The designated representative shall inspect anyon-site systemthat is believed to be causing pollution, a threat to the publichealth, nuisance conditions, or illegally installed or altered.If upon inspection, it is found that any of these conditionsexists, the owner of the on-site sewage facility will be notifiedin writing of the violation, and what must be done to achievecompliance, and set a reasonable amount of time to comply. Theon-site sewage facility shall be reinspected at the expiration ofthe allotted time.
(a) If the facility is found to be compliant, a license maybe issued or the existing license may be modified.(b) If the facility is found to be noncompliant, appropriateenforcement shall be taken.
SECTION 16 PENALTIES.The County of Fort Bend, Texas adopts criminal, injunction orcivil suit, and civil penalty provisions as set forth in theSections of 366.091, 366.092, 366.0921 of the Texas Health andSafety Code and/or any other such penalties (Section 341.091 ofthe Texas Department of Health, Chapter 341) that may be providedby State Law. Each day of a continuing violation is a separateoffense.
CRIMINAL PENALTIES (Section 366.091)
(a) A person commits an offense if a person operates as ainstaller unless the person is registered by the state.
Page 6
, I
(b) A person commits an offense if the person violates arule adopted by the Commission under this chapter or anorder or resolution adopted by an authorized agent underSubchapter C in a county that is contiguous to aninternational border.(c) A person commits an offense if the person begins toconstruct, alter, extend or repair an on-site sewagefacility owned by another person before the owner of thesystem obtains a permit to install, construct, alter, extendor repair the on-site system as required.(d) An emergency repair to an on-site sewage facilitywithout a permit is not an offense under these Rules if:
(1) The repair is made for the purpose of abatement ofan immediate health hazard;(2) That said repair does meet minimum state designcriteria or the more stringent design criteria of theauthorized agent;(3) That said repair does not constitute an alterationof the on-site system;(4) That written notification of such repair, includinga detailed description of the method and materials usedin said repair, is made to the authorized agent notlater than 72 hours after the repair is begun;(5) That said repair must be inspected for compliance
with the state's or authorized agents' design criteria.(e) An offense under this section is a Class C misdemeanorunless it is shown in the trial of the defendant that thedefendant has previously been convicted of an offense underthis chapter, in which event the offense is punishable by:
(1) a fine of not less than $125.00 nor more than$500.00;
(2) confinement in jail for not more than one month; or(3) both the fine and the confinement.
(f) Each day that a violation occurs constitutes a separateoffense.
INJUNCTION OR CIVIL SUIT (section 366.092)
(a) If it appears that a person has violated, is violating,Paqe 7
--~
or is threatening to violate any provision of Chapter 366,Texas Health and Safety Code, or any rule, permit or otherorder of the Commission issued pursuant to Chapter 366,Texas Health and Safety Code, the Commission in partnershipwith the authorized agent or the Commission independentlymay request the attorney general to bring a civil suit for:
(1) mandatory or prohibitory injunctive relief, aswarranted by the facts;(2) a civil penalty as provided by Chapter 366, TexasHealth and Safety Code; or(3) both injunctive relief and civil penalty.
(b) Venue for an action under Chapter 366, Texas Health andSafety Code, is in Travis County District Court, the countyin which the defendant resides, or in the county in whichthe violation occurs.CIVIL PENALTY ( Section 366.0921)(a) The authorized agent may request that the Commissioninitiate an enforce~e~t action pursuant to these sectionsthrough apetitien:·H:~§ith the Commission.
.. -- ... ", -"'."." .
(1) An owner. who violates any provision ~f·Chapter 366,Texas Health and Safety Code, or any rule, permit, ororder issued pursuant to Chapter 366, Health and SafetyCode, is subject to a civil penalty of not less than$100.00 nor more than $500.00 for each act of violationand for each day of violation.(2) Any other person who violates any provision ofChapter 366, Texas Health and Safety Code, or anyrules, permit, or order issued pursuant to Chapter 366,Texas Health and Safety Code, is subject to civilpenalty of not less than $500.00 nor more than$5,000.00 for each act of violation and for each day ofviolation.
(b) The civil penalties recovered shall be divided betweenthe authorized agent and the state based on the proportionof resources expended by each entity in the course of theenforcement action.
CHAPTER 341 (SUBCHAPTER B. NUISANCE AND GENERAL SANITATION.)CRIMINAL PENALTIES (Section 341.091)(a) A person commits an offense if the person violates this
Paqe 8
chapter or a rule adopted under this chapter.under this section is a misdemeanor punishablenot less than $10.00 or more than $200.00.(bl If it is shown on the trial of the defendant that thedefendant has been convicted of an offense under thischapter within a year before the date on which the offensebeing tried occurred, the defendant shall be punishable by afine of not less than $10.00 or more than $1,000.00confinement in jail for not more than 30 days, or both.
An offenseby a fine of
SECTION 17 EMERGENCY REPAIRS.An emergency repair to an on-site sewage facility without apermit is not an offense under these Rules if the followingprocedures are carried out:
(al The repair is made for the purpose of abatement of animmediate, dangerous and serious health hazard;(bl That said repair does meet minimum state designcriteria;(cl That said repair does not constitute an alteration ofthe on-site system;
..(dl That written notification of such repair, including adetailed description of the method and materials used insaid repair, is made to the authorized agent with 72 hoursof the date of the repair; and(el That said repair must be inspected for compliance withthe state's design criteria.
SECTION 18 SEVERABILITY.It is hereby declared to be the intention of the Commissioner'sCourt of Fort Bend County, Texas that the phrases, clauses,sentences, paragraphs and sections of this Order are severable,and if any phrase, clause, sentence, paragraph or section of thisOrder be declared unconstitutional by the valid judgement ordecree of any court of competent jurisdiction, suchunconstitutionality shall not affect any of the remainingphrases, clauses, sentences, paragraphs, or sections of thisOrder, since the same would have been enacted by theCommissioners Court without incorporation in this Order of suchunconstitutional phrases, clause, sentence, paragraph or action.
SECTION 19 RELINQUISHMENT OF ORDER.Paqe 9
... <I. • •
If the Commissioners Court of Fort Bend County, Texas decidesthat it no longer wishes to regulate on-site sewage facilities inits area of jurisdiction, the Commissioners Court shall followthe procedures outlined below:
(a) The Commissioners Court shall inform the Texas NaturalResource Conservation Commission by certified mail at least30 days before the published date of the public hearingnotice that it wishes to relinquish its On-site SewageFacility Ordinance.(b) The Commissioners Court shall post the required pUblicnotice in a newspaper regularly published or circulated inthe area of jurisdiction at least 30 days prior to theanticipated date of action by the authorized agent and mustsolicit written comments for that 30 day period.(c) The Commissioners Court shall send a copy of the publicnotice, a publisher's affidavit of public notice, and acertified copy of the court's minutes to the Texas NaturalResource Conservation Commission.(d) upon relinquishment of the order, the local governmentalentity shall surrender its area of jurisdiction to theCommission.(e) The local governmental entity shall pay the TexasNatural Resource Conservation commission that appropriatecharge back fees for permitting, inspections and complaintinvestigations of on-site sewage facilities in thesurrendered area of jurisdiction.
CHAPTER 20 EFFECTIVE DATE.This order shall be in full force and effect from and after
its date of approval as required by law and upon the approval ofthe Texas Natural Resource Conservation Commission.AND IT IS SO ORDERED:PASSED AND APPROVED THIS ---.aB-DAY OF~ ' 1997.
ATTEST: County Clerk
APPROVED:(SEAL)
Paqe 10
I I'
3DIN THE MAnER OF APPROVING BILLS FOR FORT BEND COUNTY FOR THE YEAR
1997
On this the d., ~ day of ~ , 1997 at a Sessi
of the Commissioners Court with the following present:
Commissioner, Precinct 1
County Judge
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
Now, therefore, be it resolved upon the motion of Commissioner ~_-;t;bv=~>!:::: _seconded by Commissioner 0 I .ui0 11.& , duly put and carried, it is ordered that
the bills be approved as presented by Robert Grayless, County Auditor.
~..4e)unty Audi
1vened:
led or Recessed: _
THE STATE OF TEXAS §
COUNTY OF FORT BEND §
ORDER AUTHORIZING SETTLEMENT OF CLAIMS
On this :;;...Cj day of ~ , 1997, theCommissioners Court of Fort Bend County, Texas, being convened at
Fort Bend County,
of the Court, sitting as the governing body
upon motion of Commissioner D ~ ~~
ofa regular meeting,
seconded by Commissioner , duly put and carried,
IT IS HEREBY ORDERED that:Subject to final review and authorization of the exact terms
and provisions contained in any settlement documents, the County
Attorney is hereby authorized to negotiate the complete terms andprovisions for the full and final settlement of the claimspresented by Chester Sommers against former Sheriff's Detective
Thomas Honeycutt, other unnamed Sheriff's detectives and
officers, former Sheriff R. George Molina, and Fort Bend County,
Texas, as set forth in the claim letter attached as Exhibit ftA"
which letter is incorporated by reference herein.However, such settlement shall never be construed as any
admission of liability on the part of FORT BEND COUNTY and/or its
successors and assigns, or its officers and employees, and/orits, his, her, or their agents, servants, successors, assigns,heirs, executors, administrators, or other persons, firms,
corporations, associations or partnerships, by whom any alleged
·liability is expressly denied, since said settlement is in
compromise of doubtful and disputed claims.
FORT BEND COUNTY
L111:~ if ~m D. Rozel, county Judge
: \
COUNTY OF FORT BENDDrainage District
P. O. Box 1028 1004 Blume Rd.Rosenberg, Texas 77471
Phone: 281/342-2863Fax: 281/342-9130
LETTER OF TRANSMITTAL
Date: July 24, 1997Attention: Judge RozellRe: Drainage Board Agenda
TO: County Judge Michael Rozell
WE SENDING YOU:
COPIES: DATE: DESCRIPTION:
1 Interlocal Agreement with MUD 19
*FOR APPROVALFOR YOUR USEAS REQUESTEDFOR REVIEW AND COMMENT
REMARKS: The attached interlocal agreement will be placed on the July 29, 1997 DrainageBoard Agenda for discussion and possible acceptance. Any questions can be directed to MarkVogler at 281/342-2863.
COPY TO: County ClerkCounty Commissioners
DRAINAGE DISTRICTFort Bend County. Texas
July 14, 1997
Bud ChildersFort Bend County AttorneyWilliam Travis AnnexFUchrnond, Texas 77469
Re: Renewal oflnterlocal Agreement with M.D.D. No. 19
Dear Mr. Childers:
M.D.D. No. 19 has requested that its interlocal agreement with the Drainage District be renewed.The Drainage District has no objection to the renewal, however, your review of the agreementdocument would be appreciated.
If you have any questions pertaining to this matter, please contact me.
tr:l!f~Mark VoglerFirst Assistant to Chief Engineer
ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTEAGREEMENT BETWEEN FORT BEND COUNTY DRAINAGE DISTRICT AND
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO,-1!}
On this the d,C4 day of ~ , 199~, the Commissioners Court
of Fort Bend County, Texas, upon motion of Commissioner (j11J.v 9 ~ ,
seconded by Commissioner ~ duly put and carried;
IT IS ORDERED that the Fort Bend County Judge is hereby authorized to execute the
Agreement between Fort Bend County Drainage District and MUD 19. Said Agreement is
incorporated herein by reference for all purposes as though fully set forth herein word for word.
\,
SMITH, MUR.DAUGH, LITTLE 8 BONHAM, L.L.P.ATTORNEYS AT LAW
July 9, 1997
CYRIL J. SMITH
!IS04-IQS21W • .,JAMES MURDAUGH • .JR.
HERMAN I. LITTLE:, .JR.
.JAMES D. eON HAM
SARA J, ANDERSON
1100 l.OUISIAN ....STRE.io';:'T.~-=-:
SUITE ....00
HOUSTON. TEXAS noo\;\-tlliW,p.-LORI G. AYLETT
MELISSA P. BOULWARE:
DANA e. WORK
WM. SCOTT SMITH
713/eiiSc-eSOo
TEL.ECOPIER 713/15152-6
Mr. Mark VoglerFort Bend County Drainage DistrictP. O. Box 1028Rosenberg, Texas 77471
Re: Renewal of Interlocal Agreement (the "Renewal Agreement") between Fort BendCounty Drainage District and Fort Bend County Municipal Utility DistrictNo. 19 .
Dear Mr. Vogler:
As you know, Fort Bend County Drainage District ("Drainage District") and Fort BendCounty Municipal Utility District No. 19 ("No. 19") entered into an agreement dated September 26,1995 ("Original Agreement") whereby the Drainage District agreed to assist No. 19 in maintainingexisting drainage improvements located within No. 19. This Original Agreement expired December 31,1995, was renewed in 1996, and No. 19 would now like to renew the Original Agreement for anotheryear.
Of course, No. 19 realizes that budget and manpower constraints will influence theDrainage District's decision as to whether to renew the Original Agreement; however, we believe thisarrangement is beneficial to both parties, and we hope that the Drainage District can continue to assistNo. 19 in maintaining the ditches within the boundaries of No. 19,
Enclosed for your review is a proposed Renewal Agreement with terms identical to thatof the Original Agreement, except that additional information has been added to Exhibit "A" regardingthe easement for No. 19's primary ditch. If the Renewal Agreement is approved by the DrainageDistrict, please have it signed by the proper Fort Bend County officials, and return one fully executedcopy to me for No. 19's files. You may keep the other original copy for your files.
Thank you for your assistance, and please call me at 713/652-6500 with any questionsor comments.
Very truly yours,
Melissa P. BoulwareEnclosurecc: President, Board of Directors
Mr. Dusty LaneMr. Tim Hardin
93019-002 48110 AfO
INTERLOCAL AGREEMENT BETWEENTHE FORT BEND COUNTY DRAINAGE DISTRICT AND
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 19
STATE OF TEXAS §§
COUNTY OF FORT BEND §
This Interlocal Agreement ("Agreement") is entered into between the Fort Bend
County Drainage District, hereinafter referred to as "Drainage District," and Fort Bend County
Municipal Utility District No. 19, hereinafter referred to as "No. 19."
WHEREAS, No. 19 desires that the Drainage District assist in the maintenance
of certain drainage improvements more particularly described on Exhibit" A" attached hereto
and made a part hereof (the "Drainage Improvements");
WHEREAS, No. 19and the Drainage District entered into that certain Interlocal
Agreement Between the Fort Bend County Drainage District and Fort Bend Municipal Utility
District No. 19 ("Original Agreement") dated September 26, 1995 which was renewed on June
18, 1996;
WHEREAS, No. 19 and the Drainage District wish to again renew the Original
Agreement;
WHEREAS, the governing body of No. 19 has duly authorized this Agreement;
WHEREAS, the nrainage District desires to assist No. 19 in the maintenance of
the Drainage Improvements;
WHEREAS, the governing body of said Drainage District has duly authorized this
Agreement; and,
93019-002 48016 DBW
..~~ ._-,.~--,---,,---
WHEREAS, this Agreement is !nade pursuant to and under the provisions of
Section 791, et seq., Government Code.
NOW, THEREFORE, the Drainage District and No. 19 mutually agree as
follows:
1. The Drainage District hereby agrees, subject to the conditions stated herein, toassist No. 19 in the maintenance of the Drainage Improvements upon writtennotice by the Board of Directors of No. 19 to the County Commissioner withinwhose precinct said Drainage Improvements are located.
2. The written notice from the Board of Directors of No. 19 shall set forth thefollowing:
a. Describe in detail the Drainage Improvements which No. 19 desires theDrainage District's assistance in maintaining and describe in detail thework No. 19 desires the Drainage District to perform.
b. The approximate date upon which No. 19 desires the Drainage District tocommence suc/! maintenance and the approximate duration of time thatNo. 19 desires the Drainage District to continue such maintenance.
c. The constmction materials that are anticipated by No. 19 to be used by theDrainage District in performing such maintenance, if any.
d. That No. 19 agrees to pay, from current revenues available to No. 19, forany and all such materials as may be used by the Drainage Districtpertaining to the request, and for any specialized equipment necessary formaintenance work.
3. Upon receipt of such written request, the County Commissioner within whoseprecinct the said Drainage Improvements are located will review and consider therequest and review same with the Manager of the Drainage District, and ifequipment and man-power are available, and the use of same will not interferewith or intemlpt nonllal constmction and maintenance of Fort Bend Countydrainage, the Drainage District will make arrangements to perform maintenanceon the Drainage Improvements.
4. Once the Drainage District has determined that equipment and man-power areavailable to perfonn the requested maintenance as provided in Paragraph 3 above,the Drainage District agrees to furnish all necessary equipment and labor
93019·002 4807. DBW -2-
~--~~---"T~
necessary for the maintenance of the Drainage Improvements, subject to theconditions and agreement to pay costs herein stated.
5. To the extent pennitted by law, No. 19 agrees to indemnify and hold theDrainage District hannless with the respect to any claim, demand or suit arisingout of the Drainage District's perforn1ance of the maintenance of said DrainageImprovements.
6. It is expressly understood and agreed that this Agreement may be tenninated at, .
any lime by either party up6n thirty (30) days written notice.
7. It is expressly understood and agreed that this Agreement automatically lenninaleson the 31st day of December, 1997, and must be renewed annually.
8. It is expressly understood and agreed by the parties hereto that said Agreementwill have no force or effect until duly executed by all parties as provided hereinbelow.
9. Any notice required or pennitted by this Agreement shall be in writing, deliveredin person or deposited in the United Sates mail, postage prepaid, registered orcertified mail, return receipt requested, as follows:
To No. 19:
Fort Bend County Municipal Utility District No. 19c/o Melissa P. BoulwareSmith, Murdaugh, Little & Bonham, L.L.P.1100 Louisiana Street, Suite 400Houston, Texas 77002
To Drainage District:
Fort Bend County Drainage DistrictP. O. Box 1028Rosenberg, Texas 77471
93019-002 48076 DBW -3-
~~---~,--
FORT BEND COUNTY MUNICIPALUTIUTY DISTRICT NO. 19
By: ?iJ5£~;1lresident
SIGNED this ~9L....._day of ~J ~ , 1997.
COUNTY OF FORT BEND
93019.Q02 48076 DBW -4-
~-r-----I -
• - - t :'.- :.~.,- ~'f"-.e~·- ._---::\..
• •~'..t; ,.. - .... .".
• •8717449TEMPORARY DRAINAGE EASEMENT DEDICATION
STATE OF TEX.AS' ...
','
",'~: .... .
COUNTYOF FORT BEND '.. ~~,, ..; ',:.......The undersigned, TODD DEVELOPMENTCOMPANY, a Texas :.i~:"
corporation, does hereby' dedlCllte to Public Use a thirty foot (30') ,i~':'wide temporary ,drainage easement for the purpose of surface wa'ter,:<',
".
'. - ....... "..
drainage; said easement ~ing situated In Fort Bend County, Texas,',
and being more particularly descrlbicl In Exhibit a!'a! attached hereto
and Incorporated herein for all purposes by reference.
The easements, rights, and privileges herein granted shall "
automatlcelly:termlnate as to all or any part of the right of way
desc:rlbed In Exhibit ~!,a, without' the necessity of the ~ecordlng
of a release hereof or any !lther Instrument, whe!", 01' at such times
as Grantor or Grantor's successol'S duly'record an approved plat
of a subdivIsion for property of whIch such easement Is a part.
~X~~UTED THIS THE ~if/,DAY OF MARC~. ,'1'987: .'
TODD DEVELOPMENTCOMPANY, '
BY:
STATE OF. TEXAS
COUNTYOF HARRIS
dlt Roblns ...nNotary Public In and for the Stateof TexasMy Commission expIres 1-3',~9~
·~~.~~~.: .\.:,. .. .VI ~'· :r. r~·
• .'l., •..:,.:. .........~S~:
"
i i i i i
.' ;".
""
:.. .,,~'~'.:~...
'.
'.:. .'........
.:~.:-..
".
.0 •"'''.'''
. .1930 360.· ..
AS PER ORlc:;.ll'lAL-Description of the centerline of a 30.00 foot temporary drainageditch easement located within the boundary of Fort Bend CountyMunicipal utility District No. 19, Fort Bend County, Texas, andbeing more particularly described by metes and bounds as ,follows:
. . ~"
COMMENCING at the southwest corner of Lot 1, Block 3 of RiverwoodVillage, Section One as recorded in Volume 23, page 24 of theFort Bend County Map Records, Fort Bend county, Texas, '.~, ~~!hence S43040'50· W, 45.00 feet to the POINT OF BEGINNING~and thecenterline of the herein described easement, said point,being inthe arc of a curve to the right having a radius of 1205.57 feet,'.~''''" .THENCS in a northwesterly direction along the arc of said,curve a'·distance of 110.45 feet to the point of tangency of said:curve,
"
THENCE the following courses and distances along the ..'~~~terl1neof the herein described easement: ..;..<~,