BRAZORIA COUNTY COMMISSIONERS’ COURT

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BRAZORIA COUNTY COMMISSIONERS’ COURT SPECIAL SESSION - APRIL 23, 2002 VOLUME 44 PAGE 645 BE IT REMEMBERED THAT ON THIS THE 23 RD DAY OF APRIL, 2002, THERE WAS BEGUN AND HOLDEN A SPECIAL SESSION OF COMMISSIONERS’ COURT WITH THE FOLLOWING MEMBERS PRESENT: JOHN WILLY COUNTY JUDGE DONALD “DUDE” PAYNE, COMMISSIONER, PRECINCT #1 JAMES D. “JIM” CLAWSON, COMMISSIONER, PRECINCT #2 JACK HARRIS, COMMISSIONER, PRECINCT #3 L.L. STANLEY, COMMISSIONER, PRECINCT #4 JOYCE HUDMAN, COUNTY CLERK and the following proceedings were had: ORDER NO. 1 RE: INVOCATION & PLEDGE ALLEGIANCE Judge Willy convened this Special Session of Commissioners’ Court at 9:00 A.M. and Commissioner Larry Stanley led the audience in the invocation and pledge allegiance. ORDER NO. 2 RE: APPROVING PREVIOUS COMMISSIONERS’ COURT MINUTES Motion by Commissioner Clawson, seconded by Commissioner Payne that the following Commissioners’ Court Minutes dated April 9, 2002 be approved as presented. Motion carried, all present voting aye. FORMAL REPORTS AND APPEARANCES: A. Charles Crook - Purchasing Agent: Update on installation of regional radio system by Harris County. CONSENT AGENDA: ORDER NO. 3 RE: APPROVE DEPUTATION OF EMPLOYEE FOR THE COUNTY CLERK’S OFFICE Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court: Approve the deputation of the following employee of the County Clerk’s Office: 1. A. Hernandez Further, that a certified copy of this Order be sent to the County Clerk’s Office. Motion carried, all present voting aye. ORDER NO. 4 RE: DEPUTATION OF EMPLOYEE FOR DISTRICT CLERK’S OFFICE

Transcript of BRAZORIA COUNTY COMMISSIONERS’ COURT

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BE IT REMEMBERED THAT ON THIS THE 23RD DAY OF APRIL, 2002, THERE WAS BEGUN AND HOLDEN A SPECIAL SESSION OF COMMISSIONERS’ COURT WITH THE FOLLOWING MEMBERS PRESENT: JOHN WILLY COUNTY JUDGE DONALD “DUDE” PAYNE, COMMISSIONER, PRECINCT #1 JAMES D. “JIM” CLAWSON, COMMISSIONER, PRECINCT #2 JACK HARRIS, COMMISSIONER, PRECINCT #3 L.L. STANLEY, COMMISSIONER, PRECINCT #4 JOYCE HUDMAN, COUNTY CLERK and the following proceedings were had: ORDER NO. 1 RE: INVOCATION & PLEDGE ALLEGIANCE Judge Willy convened this Special Session of Commissioners’ Court at 9:00 A.M. and Commissioner Larry Stanley led the audience in the invocation and pledge allegiance. ORDER NO. 2 RE: APPROVING PREVIOUS COMMISSIONERS’ COURT MINUTES

Motion by Commissioner Clawson, seconded by Commissioner Payne that the following Commissioners’ Court Minutes dated April 9, 2002 be approved as presented. Motion carried, all present voting aye. FORMAL REPORTS AND APPEARANCES: A. Charles Crook - Purchasing Agent: Update on installation of regional radio system by Harris County. CONSENT AGENDA: ORDER NO. 3 RE: APPROVE DEPUTATION OF EMPLOYEE FOR THE COUNTY CLERK’S OFFICE

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court: Approve the deputation of the following employee of the County Clerk’s Office: 1. A. Hernandez Further, that a certified copy of this Order be sent to the County Clerk’s Office. Motion carried, all present voting aye. ORDER NO. 4 RE: DEPUTATION OF EMPLOYEE FOR DISTRICT CLERK’S OFFICE

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Motion by Commissioner Harris, Seconded by Commissioner Stanley that that the following action be taken by the Court: Approve the deputation of the following employee for the District Clerk’s Office. 1. Yvonne Royston Motion carried, all present voting aye. ORDER NO. 5 RE: BRAZORIA COUNTY TAX OFFICE MONTHLY COLLECTIONS REPORT - JANUARY, 2002

Motion by Commissioner Harris, Seconded by Commissioner Stanley that that the following action be taken by the Court: Acceptance of the Brazoria County Tax Office Monthly Collections Report for January, 2002. Motion carried, all present voting aye. ORDER NO. 6 RE: APPROVING ACCOUNTS PAYABLE

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following checks payable thru APRIL 22, 2002 be approved as presented: #041708 THRU #042414. Motion carried, all present voting aye. ORDER NO. 7 RE: APPROVAL OF APPLICANTS FOR 2001 PUBLIC SERVICE FUNDS UNDER THE BRAZORIA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court:

Consider approving the following applicants for 2001 public service funding

under the Brazoria County Community Development Block Grant (CDBG) program and authorize the County Judge to execute agreements with the applicants.

Applicant Type of Project Grant Amount Pearland Neighborhood Cente Job Training $11,400.00 The Gulf Coast Center Ride Subsidies for Patrons 17,871.15 The Gulf Coast Center Mental Retardation Respite Servic 22,207.00 Alvin Community Health Endeavor

Medical Equipment

18,521.85

Motion carried, all present voting aye. ORDER NO. 8 RE: CONDITIONAL APPROVAL OF APPLICANTS FOR HOMEBUYER ASSISTANCE UNDER THE BRAZORIA COUNTY FIRST TIME HOMEBUYER PROGRAM IN AN AMOUNT NOT TO EXCEED $5,500

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Motion by Commissioner Harris, seconded by Commissioner Stanley that

the following action be taken by the Court:

Consider conditionally approving the following applicants for homebuyer assistance under the Brazoria County First Time Homebuyer Program in an amount up to $5,500 and authorize the County Judge to execute homebuyer agreements with the applicants.

Applicant Property To Be Purchased Markus W. Sims To Be Determined Brenda Reed 1001 Ave A, Freeport 77541 Weldon McCain 4839 CR 353, Brazoria 77422 Miquel R. Barron 418 W. 1st Street, Freeport 77541 Ramiro & Damiana Olivares To Be Determined Joice Tolbert To Be Determined Elpidio & Marci Reyes 7 Caldwell Rd., Brazoria 77422 Naomi Gomez 1127 W. 6th Street, Freeport 77541 Motion carried, all present voting aye. ORDER NO. 9 RE: CONDITIONAL APPROVAL OF APPLICANTS FOR HOUSING RECONSTRUCTION ASSISTANCE UNDER THE BRAZORIA COUNTY 2001 HOME

RECONSTRUCTION PROGRAM IN AN AMOUNT NOT TO EXCEED $55,000

Motion by Commissioner Harris, seconded by Commissioner Stanley that

the following action be taken by the Court:

Consider conditionally approving the following applicants for housing reconstruction assistance under the Brazoria County 2001 HOME Reconstruction Program in an amount up to $55,000 and authorize the County Judge to execute reconstruction agreements with the applicants.

Applicant Home To Be Reconstructed Gordon “Dick” & Christi Adkins 230 S. 11½ St., West Columbia 77486 Samuel & Hortencia Zamora 113 Lulac Street, Alvin 77511 Motion carried, all present voting aye. ORDER NO. 10 RE: BEACHFRONT CONSTRUCTION PERMIT - MR. JACK WALKER, SEAHORSE ESTATES, LOT 8, BLOCK 1, COUNTY ROAD 257

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court: that upon the recommendation of the Sand Dune Protection Committee that Mr. Jack Walker be granted permission to construct a residence on Lot 8, Block 1, Seahorse Estates Subdivision, located on County Road 257 with the following recommendations: 1. Structure will be constructed at the elevation of 16.0’ MSL to the bottom of the lowest support as required by Brazoria County FEMA Building Regulations. 2. Parking space will be of an impervious material, such as limestone. Concrete shall be allowed under the structure for storage and garage area of no more than 300 sq. ft. constructed of breakaway walls. 3. Septic system shall be place as approved by TNRCC on-site sewage permit form the Brazoria County Environmental Department. Any

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destruction of vegetation during the placement of the septic system shall be replaced as near as to the original state as possible. 4. A dune walkover shall be constructed to the GLO guidelines and extend over the dunes approximately 200 ft. Construction in no way restricts public beach access. 5. Floodplain Administrator shall be notified 48 hrs. prior to any heavy equipment being delivered for use in construction or sand/vegetation relocation. Further that a certified copy of this order will be sent to the Floodplain administrator. Motion carried, all present voting aye. ORDER NO. 11 RE: BRAZORIA COUNTY PARKS DEPARTMENT - MONTHLY REPORT FOR MARCH, 2002

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court:

Approve monthly report for the Brazoria County Parks Department for March, 2002. Motion carried, all present voting aye. ORDER NO. 12 RE: PERMISSION TO ADVERTISE FOR MOTOR GRADER FOR ROAD AND BRIDGE DEPARTMENT

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court:

That upon recommendation of the County Purchasing Agent, permission

is requested to advertise for bids for the conventional cash purchase or lease/purchase of One or More, New, Current Model, Motor Grader for the Brazoria County Road and Bridge Department.

Further, that a certified copy of this order be sent to the County Purchasing Agent. Motion carried, all present voting aye.

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ORDER NO. 13 RE: PERMISSION TO ADVERTISE FOR ASPHALT PAVER FOR ROAD AND BRIDGE DEPARTMENT

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court:

That upon recommendations of the County Purchasing Agent, permission is requested to advertise for bids for the purchase of One or More, New, Current Model, Rubber-Tired Asphalt Paver for the Brazoria County Road and Bridge Department.

Further , that a certified copy of this order be sent to the County Purchasing Agent. Motion carried, all present voting aye. ORDER NO. 14 RE: PLAT APPROVAL - SOUTHFORK SEC. 1-A (PRECINCT 4)

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court:

That the plat of Southfork Sec. 1-A, consisting of 35.6498 acres out of the R.B. Lyle Survey, Abstract 540, Brazoria County, Texas, be approved and filed for record at the expense of the owner.

Said plat is accompanied by current tax certificates from the Brazoria County Tax Office. The dedication, certificate of ownership, and tax certificates have been approved by the District Attorney’s Office.

Southfork Parkway is shown on the plat to have only 70-foot wide right of way, which is less than the 80-foot minimum width for a collector street, as provided in the Brazoria County Subdivision Regulations. However, the developer has stated in a letter that they will provide an additional 10 feet of right of way when the property on the east is platted.

No roads are accepted at this time pending completion and approval of construction of same.

Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, all present voting aye. ORDER NO. 15 RE: PLAT APPROVAL - SOUTHFORK SEC. II-A (PRECINCT 4)

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court:

The plat of Southfork Sec. II-a, consisting of 4.4403 acres out of the R.B. Lyle Survey, Abstract 540, Brazoria County, Texas, be approved and field for record at the expense of the owner.

Said plat is accompanied by current tax certificates form the Brazoria County Tax Office. The dedication, certificate of ownership, and tax certificates have been approved by the District Attorney’s Office.

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No roads are accepted at this time pending completion and approval of construction of same. Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, all present voting aye. ORDER NO. 16 RE: SCHEDULE PUBLIC HEARING TO CONSIDER REVISION OF A PORTION OF THE PLAT OF SILVERLAKE COMMERCIAL PARK PHASE TWO - ABSTRACT 539 (PRECINCT 2)

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court:

That a public hearing be scheduled for May 28, 2002, at 9:00 A.M., in

accordance with the provision of sec. 232.009, Local Government Code, to consider the proposed revision of a portion of the plat of Silverlake Commercial Park Phase II, Abstract 539, as originally recorded in Volume 20, Pages 99-100 of the plat records of Brazoria County. Further, that the County Judge be authorized to sign notice of hearing, and that petitioners be directed to publish and otherwise provide notice of said hearing in accordance with the requirements of the statute referenced above. Further, that a certified copy of this order be furnished to County Engineer. Motion carried, all present voting aye. ORDER NO. 17 RE: APPROVE PROJECTS UNDER BLANKET INTERLOCAL AGREEMENTS FOR DIRECT ASSISTANCE TO CITIES AND TOWNS

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court:

That pursuant to provisions of Ch. 251.012, Transportation Code, as amended by act of the State legislature on May 26, 1999, this Court hereby finds that the County will receive benefit as a result of the work on the streets or alleys listed below; and the following projects are approved to be completed as Road and Bridge Department schedules permit, and with all materials furnished by the cities, in accordance with interlocal agreements approved by the Court and the applicable City Councils. Further, that the Assistant County Engineer is authorized to sign acceptance statements for the approved projects at the appropriate time and to authorize the work.

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Further, that a certified copy of this order be furnished to the Assistant County Engineer. CITY DESCRIPTION OF PROJECT APPRVD DISAPP Danbury · 1702 6th Street – Check grade and

clean ditch · 9th Street and Ave. L – Check grade

and clean ditch

Jones Creek · 9311 Lamb Lane – Set culverts Manvel · Jordan (west) – Patch road

· Rogers – Patch road · Louisiana – Patch road · Kirchner – Patch road · Georgia – Patch road · 7000 ½ Pollard – Set culverts · Jordan Road – Oil road · Flora Street – Oil road

Richwood · Oyster Creek Ct. – Set culverts Motion carried, all present voting aye. ORDER NO. 18 RE: PROCLAMATION - SOIL AND WATER STEWARDSHIP WEEK

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court: Approve the Proclamation of the week of April 28 through May 5, 2002 as Soil and Water Stewardship Week in Brazoria County.(See Page 651A) Motion carried, all present voting aye. ORDER NO. 19 RE: RENEWAL AND ADOPTION OF TAX ABATEMENT GUIDELINES & CRITERIA Motion by Commissioner Harris, seconded by Commissioner Clawson that the following action be taken by the Court: 1. The Court approves renewal and adoption of the current version of the Tax Abatement Guidelines & Criteria for a period of 2 years to be effective from April 23, 2002 until April 23, 2004. Motion carried, all present voting aye. ORDER NO. 20 RE: ORDER OPENING PUBLIC HEARING ON TAX ABATEMENT APPLICATION OF R.R. RAMSOWER INC.

Motion by Commissioner Payne, seconded by Commissioner Stanley that the following action be taken by the Court: The public hearing on the tax abatement application of R.R. Ramsower, Inc. is hereby OPENED for presentation of comment for or against the proposed tax abatement. Motion carried, all present voting aye.

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ORDER NO. 21 RE: ORDER CLOSING PUBLIC HEARING ON TAX ABATEMENT APPLICATION OF R. R. RAMSOWER, INC.

Motion by Commissioner Clawson, seconded by Commissioner Payne that the following action be taken by the Court: The public hearing on the tax abatement application of R. R. Ramsower, Inc. is hereby CLOSED. Motion carried, all present voting aye. ORDER NO. 22 RE: R.R. RAMSOWER INC. TAX ABATEMENT APPLICATION: ORDER GRANTING TAX ABATEMENT

Motion by Commissioner Harris, seconded by Commissioner Payne that the following action be taken by the Court: That the application for tax abatement of R.R. Ramsower, Inc. attached hereto be granted in accordance with the Guidelines and Criteria for Granting Tax Abatement in a Reinvestment Zone created in Brazoria County; contingent upon working out the final details and further that the County Judge is authorized to execute a tax abatement with R. R. Ramsower, Inc in accordance with the same guidelines and criteria. (See Order No. 48 of this date) Motion carried, all present voting aye. ORDER NO. 23 RE: OPEN PUBLIC HEARING TO CONSIDER REGULATORY SIGNS ON BASTROP BAYOU

Motion by Commissioner Payne, seconded by Commissioner Clawson that the following action be taken by the Court: To OPEN a public hearing to consider posting regulatory signs stating “No Visible Wake” on the canal at Bastrop Bayou at locations shown on the following map marked exhibit “A” to regulate the speed of boats. Motion carried, all present voting aye. ORDER NO. 24 RE: CLOSE PUBLIC HEARING TO CONSIDER REGULATORY SIGNS ON BASTROP BAYOU

Motion by Commissioner Stanley, seconded by Commissioner Clawson, that the following action be taken by the Court: To close a public hearing to consider posting regulatory signs stating “No Visible Wake” on the canal at Bastrop Bayou at locations shown on the following map marked exhibit “A” to regulate the speed of boats. Motion carried, all present voting aye.

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ORDER NO. 25 RE: CONSIDERATION OF AUTHORIZATION TO POST REGULATORY SIGNS ON BASTROP BAYOU Motion by Commissioner Clawson, seconded by Commissioner Payne that the following action be taken by the Court: 1. That regulatory signs stating “No Visible Wake” are authorized to be posted on the canal at Bastrop Bayou at locations shown on the following map marked exhibit “A” to regulate the speed of boats and that the Brazoria County Sheriff’s Department be requested to enforce same. 2. That certified copies of this order be furnished to the Sheriffs Department, the Department of Public Safety, the County Engineer, and the Texas Parks & Wildlife Game Warden. Motion carried, all present voting aye. ORDER NO. 26 RE: ORDER OPENING PUBLIC HEARING ON TAX ABATEMENT APPLICATION OF SPECIALTY POLYMER COATINGS, USA, INC.

Motion by Commissioner Stanley, seconded by Commissioner Payne that the following action be taken by the Court: The public hearing on the tax abatement application of SPECIALTY POLYMER COATINGS, USA, INC. is hereby OPENED for presentation of comment for or against the proposed tax abatement. Motion carried, all present voting aye. ORDER NO. 27 RE: ORDER CLOSING PUBLIC HEARING ON TAX ABATEMENT APPLICATION OF SPECIALTY

Motion by Commissioner Stanley, seconded by Commissioner Payne that the following action be taken by the Court: The public hearing on the tax abatement application of SPECIALTY POLYMER COATINGS, USA, INC. is hereby CLOSED. Motion carried, all present voting aye. ORDER NO. 28 RE: SPECIALTY POLYMER COATINGS, USA, INC. TAX ABATEMENT APPLICATION: ORDER GRANTING TAX ABATEMENT

Motion by Commissioner Stanley, seconded by Commissioner Payne that the following action be taken by the Court: That the application for tax abatement of SPECIALTY POLYMER COATINGS, USA, INC. attached hereto be granted in accordance with the Guidelines and Criteria for Granting Tax Abatement in a Reinvestment Zone created in Brazoria County; that the subject location described in the attached

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application be designated a reinvestment zone for tax abatement purposes in accordance with the guidelines and criteria of Brazoria County and applicable law; and further that the County Judge is authorized to execute a tax abatement with SPECIALTY POLYMER COATINGS, USA, INC. in accordance with the same guidelines and criteria. Subject to receipt of financial statements. (See Order No. 29 & 30 of this date) Motion carried, Judge Willy, Commissioner Payne, Commissioner Harris, Commissioner Stanley voting aye and Commissioner Clawson abstaining. ORDER NO. 29 RE: TO RECONSIDER ORDER NO. 26

Motion to reconsider Order No. 26 Judge Willy, seconded by Commissioner Harris.

Motion to reconsider carried all present voting aye.

ORDER NO. 30 RE: SPECIALTY POLYMER COATINGS, USA, INC TAX ABATEMENT APPLICATION: ORDER GRANTING TAX ABATEMENT

Motion by Commissioner Harris, seconded by Commissioner Stanley, that the following action be taken by the Court:

That the application for tax abatement of SPECIALTY POLYMER

COATINGS, USA, INC. attached hereto be granted in accordance with the Guidelines and Criteria for Granting Tax Abatement in a Reinvestment Zone created in Brazoria County; that the subject location described in the attached application be designated a reinvestment zone for tax abatement purposes in accordance with the guidelines and criteria of Brazoria County and applicable law; and further that the County Judge is authorized to execute a tax abatement with SPECIALTY POLYMER COATINGS, USA, INC. in accordance with the same guidelines and criteria. Subject to receipt of financial statements.

Motion carried, Judge Willy, Commissioner Payne, Commissioner Harris & Commissioner Stanley voting aye and Commissioner Clawson abstaining. ORDER: 31 RE: TREASURER’S QUARTERLY REPORT AND QUARTERLY INVESTMENT REPORT - FIRST QUARTER, 2002

Motion by Judge Willy, seconded by Commissioner Harris that the following action be taken by the Court: Approve Treasurer’s Quarterly Report and Quarterly Investment Report - First Quarter - 2002. Motion carried, all present voting aye.

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ORDER NO. 32 RE: LINE ITEM TRANSFERS: FY 2002 Motion by Commissioner Payne, seconded by Commissioner Clawson that the following action be taken by the Court:

That the Brazoria County General Fund and various other fund activity items listed in the detail below be amended in accordance with Local Government Code 111.011 FY 2002: Reliant HL&P SHARE 700294(Trans to EUA)701 665 $40,478.12 Reliant HL&P Transition 700294(Trans to EUA)701 665 $ 7,637.23 Reliant HL&P Heat Relief 700294(Trans to EUA)701 665 $20,306.99 Emergency Unit Assist. 390701(Trans fm Rel

HL&P SHARE) 294 665 ($40,478.12) 390702(Trans fm Rel

HL&P Transition) 294 665 ($ 7,637.23) 390703(Trans fm Rel

HL&P Heat Relief) 294 665 ($20,306.99) 430000(Other Chgs) 294 665 $68,422.34 Replacement of the Emergency Utility Assistance fund portion of Court Order No. 289 passed March 12, 2002 by Commissioner’ Court. The amounts in the original court order had the incorrect signs. The line item transfers are necessary to create the Emergency Utility Assistance fund by transferring remaining balances from the discontinued SHARE, Transition and Heat Relief funds. Motion carried, all present voting aye. ORDER NO. 33 RE: ADDITIONAL FUNDS: FY 2002

Motion by Commissioner Harris, seconded by Commissioner Stanley that the following action be taken by the Court:

That the Brazoria County General Fund and various other fund activity items listed in the detail below be amended in accordance with Local Government Code 111.011 FY 2002: Non-departmental 450000(Capital Outlay) 100 149 $2,000 Additional funds needed to complete purchase of property located at Hwy 6 and Corporate Drive in Manvel approved by Commissioners’ Court on March 26, 2002 with Court Order No. 36. Sheriff 430000(Other Charges) 100 430 $35,000 Additional funds needed for increased law Enforcement liability insurance premium. Freeport Library 420000(Supplies) 168 700 $2,500 Additional funds are needed for books. Reserve funds are available for the increase.

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Financial Security 420000(Supplies) 323 250 $10,000 Funds needed for Courthouse security items. Sheriff/Detention Center Complex 420000(Supplies) 500 430 $2,400 Additional funds are needed for propane tanks for the radio system Motion carried, all present voting aye. ORDER NO. 34 RE: RECORD BUDGETS FOR OTHER FUNDS: FY 2002

Motion by Commissioner Payne, seconded by Judge Willy that the following action be taken by the Court:

That the following budgets for other funds be approved: Civil, Criminal & Prob Records Mgmt 400000(Salary) 321 110 $12,810 410000(Benefits) 321 110 $ 365 400000(Salary) 321 110 $29,640 410000(Benefits) 321 110 $ 800 Total Expenditures $43,615 Record Budget: FY 2002 TDH-Breast Feeding 430000(Other Chgs) 286 651 $10,000 333800(Oth Fds St Grt) 286 651 ($10,000) TDG-Peer Counseling 430000(Other Chgs) 285 651 $10,000 333800(Oth Fds St Grt) 285 651 ($10,000) Record Budget: FY 2002 Motion carried, all present voting aye. ORDER NO. 35 RE: OPEN PUBLIC HEARING REGARDING THE REPROGRAMMING OF CDBG FUNDS

Motion by Commissioner Payne, seconded by Commissioner Stanley that the following action be taken by the Court:

Open Public Hearing regarding the reprogramming of CDBG funds as follows:

Clute College Boulevard – Consider request from the Commissioner Payne to reallocate $16.59 from the 2000 Freeport Volunteer Fire Department project budget to the 2000 Clute College Boulevard project budget.

Clute College Boulevard - Consider request from Commissioner Payne

to reallocate $8,000.00 from the 2000 Williams Lane Wastewater Sewer Improvements project budget to the 2000 Clute College Boulevard project budget.

Junior Achievement of Brazoria County, Inc. – Consider request from

Community Development staff to reallocate $1,000.00 from Junior

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Achievement of Brazoria County, Inc. to the 2002 Public Service Fund allocation.

Girl Scouts of South Texas Council – Consider request from the Girl

Scouts of South Texas Council to extend their contract period to July 31, 2002 and to amend their budget as follows:

Original Revised Budget Budget

Equipment, Phone, Postage & Office Supplies $ 1,785.00 $ 0.00 Registration Fees $ 0.00 $1,785.00

Motion carried, all present voting aye. ORDER NO. 36 RE: CLOSE PUBLIC HEARING REGARDING THE REPROGRAMMING OF CDBG FUNDS

Motion by Commissioner Payne, seconded by Commissioner Stanley that the following action be taken by the Court: Close Public Hearing regarding the reprogramming of CDBG funds as follows:

Clute College Boulevard – Consider request from the Commissioner Payne toreallocate $16.59 from the 2000 Freeport Volunteer Fire Department project budget to the 2000 Clute College Boulevard project budget.

Clute College Boulevard - Consider request from Commissioner Payne

to reallocate $8,000.00 from the 2000 Williams Lane Wastewater Sewer Improvements project budget to the 2000 Clute College Boulevard project budget.

Junior Achievement of Brazoria County, Inc. – Consider request from

Community Development staff to reallocate $1,000.00 from Junior Achievement of Brazoria County, Inc. to the 2002 Public Service Fund allocation.

Girl Scouts of South Texas Council – Consider request from the Girl

Scouts of South Texas Council to extend their contract period to July 31, 2002 and to amend their budget as follows:

Original Revised Budget Budget

Equipment, Phone, Postage & Office Supplies $ 1,785.00 $ 0.00 Registration Fees $ 0.00 $1,785.00

Motion carried, all present voting aye. ORDER NO. 37 RE: CONTRACT AMENDMENTS OF CDBG FUNDS

Motion by Commissioner Stanley, seconded by Commissioner Payne that the following action be taken by the Court; Approve contract amendments of CDBG funds as follows:

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Clute College Boulevard – Consider request from the Commissioner

Payne to reallocate $16.59 from the 2000 Freeport Volunteer Fire Department project budget to the 2000 Clute College Boulevard project budget.

Clute College Boulevard - Consider request from Commissioner Payne

to reallocate $8,000.00 from the 2000 Williams Lane Wastewater Sewer Improvements project budget to the 2000 Clute College Boulevard project budget.

Junior Achievement of Brazoria County, Inc. – Consider request from

Community Development staff to reallocate $1,000.00 from Junior Achievement of Brazoria County, Inc. to the 2002 Public Service Fund allocation.

Girl Scouts of South Texas Council – Consider request from the Girl

Scouts of South Texas Council to extend their 1999 Project Agreement contract period to July 31, 2002 and to amend their budget as follows:

Original Revised Budget Budget

Equipment, Phone, Postage & Office Supplies $ 1,785.00 $ 0.00 Registration Fees $ 0.00 $1,785.00

Motion carried, all present voting aye. ORDER NO. 38 RE: APPLICATION FOR A FEDERAL BIOTERRORISM GRANT

Motion by Commissioner Harris, seconded by Commissioner Payne that the following action be taken by the Court: Approval for the Brazoria County Health Department to submit an application for federal funding designed to upgrade local public health jurisdictions’ preparedness for and responses to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies, with no county funding match required. Further, that the County Judge be authorized to sign said application and related documents as necessary. Motion carried, all present voting aye. ORDER NO. 39 RE: AWARD OF ITB #02-42, CONSTRUCTION OF MIMS COMMUNITY CENTER TO RICKY JONES

Motion by Commissioner Payne, seconded by Commissioner Harris that the following action be taken by the Court: That upon recommendation of the County Purchasing Agent, permission is requested to award ITB #02-42, Construction of MIMS Community Center Building to the low bidder, Ricky Jones Construction of Brazoria, Texas for the total price of $89,990 as shown below: (Account/Project #H380-0012-01).

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1. Price for Construction of New, 40 x 50 ft building - $80,665 2. Price for Installed Waterwell Package- $ 4,525 3. Price for Installed Septic System- $ 4,800 4. Total Price Turnkey Package- $89,990 Further, that a certified copy of this order be sent to the County Purchasing Agent. Motion carried, all present voting aye. ORDER: 40 RE: AWARD OF ITB #02-38, ONE OR MORE, NEW, CURRENT MODEL, HYDROSTATICALLY, DRIVEN, SELF-PROPELLED CHIPSPREADER TO R.B. EVERETT & CO.

Motion by Commissioner Stanley, seconded by Commissioner Payne that the following action be taken by the Court: That upon recommendation of the County Engineer, the County Purchasing Agent is requesting permission to award the purchase of One or More, New, Current Model, Hydrostatically Driven, Self-Propelled Chipspreader to R. B. Everett & Company of Pasadena, Texas for an ENTYRE for the total amount of $164,860, which includes the unit price of $159,860 less trade-in value of $1,500 for our 1971 Flaherty Spreadmaster, Unit #1056S/N 71311 and Extended Warranty Option for $6,500 (ACCOUNT #451900-205-615) Further, that a certified copy of this order be send to the County Purchasing Agent. Motion carried, all present voting aye. ORDER NO. 41 RE: AWARD OF ITB #02-40 PURCHASE OF ONE OR MORE BOATS FOR SHERIFF’S DEPT.

Motion by Commissioner Clawson, seconded by Commissioner Payne that the following action be taken by the Court: That upon recommendation of the County Purchasing Agent permission is requested to award the procurement of One or More Boats for the Sheriff’s Department to the following low bidders, subject to clarification of compliance with specifications: 1. One (1) each Weldcraft 18’ Alum-Welded Boat, Model 1860 Flat at the purchase price of $11,990.00, including standard warranty, to Calvin’s Marine, Inc. of Clute, Texas. (account #450000-330-430) 2. One (1) each Weldcraft 16’ Alum-Welded Boat, Model MV1650AW Flat at the purchase price of $8,373.17, including standard warranty, to Bartlett Motor Co., Inc. of Lake Jackson, Texas. (account #450000-330-430)

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3. One (1) each Kenner 21” Fiberglass Boat, Model 21V150 at the purchase price of $18,659,57, including standard warranty, to Bartlett Motor Co., Inc. of Lake Jackson, Texas (account #450000-330-430) Further, that a certified copy of this order be sent to the County Purchasing Agent. Motion carried, all present voting aye. ORDER NO. 42 RE: AWARD RFP #02-26 ENGINEERING SERVICES AT SAN LUIS PASS PARK TO DAMON/GALLION & ASSOCIATES

Motion by Commissioner Payne, seconded by Commissioner Clawson that the following action be taken by the Court: That upon recommendation of the Parks Director, the County Purchasing Agent is requesting permission to award the proposal for Engineering Services at San Luis Pass Park to Damon/Gallion & Associates of Freeport, Texas in the amount of $19,580, and that the County Purchasing Agent be authorized to execute Change Orders, if required, for additional funds not to exceed a total of 25% ($4,895) of the original contract amount (account #450000-274-711). Federal Grant money has been issued for these expenses which do not require local match. Further, that a certified copy of this order be sent to the County Purchasing Agent. Motion carried, all present voting aye. ORDER: 43 RE: OPEN PUBLIC HEARING REGARDING REGULATORY SIGNS FOR THE ROAD AND BRIDGE DEPARTMENT

Motion by Commissioner Clawson, seconded by Commissioner Stanley that the following action be taken by the Court: That a public hearing be opened to consider regulatory signs to be posted for the Road and Bride Department. Motion carried, all present voting aye. ORDER NO: 44 RE: CLOSE PUBLIC HEARING REGARDING REGULATORY SIGNS

Motion by Commissioner Stanley, seconded by Commissioner Payne that the following action be taken by the Court: That the public hearing to consider regulatory signs to be posted for the Road and Bridge Department be closed. Motion carried, all present voting aye.

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ORDER NO: 45 RE: PUBLIC HEARING REGARDING REGULATORY SIGNS

Motion by Commissioner Stanley, seconded by Commissioner Payne that the following action be taken by the Court: That after a public hearing held this date to receive public comment, the following regulatory sign is hereby authorized to be posted by the road and bridge department. C.R. PCT TYPE

SIGN LOCATION FROM FACING FOR

TRAFFIC TRAVELING

372 4 Load Limit 12,500 Lb.

15’ SW Bridge over Drainage Ditch

SW NE

372 4 Load Limit 12,500 Lb.

15’ NE Bridge over Drainage Ditch

NE SW

In addition, three stop signs at the north, east, and south approaches to

the intersection of County Road 403 and County Road 94 are to be removed from County Jurisdiction. Said stop signs are now being maintained by the Texas Department of Transportation.

Further, that a certified copy of this order be sent to the Sheriff of Brazoria County and the County Engineer’s Office. Motion carried, all present voting aye. ORDER NO. 46 RE: APPROVE ANNUAL ROAD PLAN REVISION NO. 2

Motion by Commissioner Payne, seconded by Commissioner Stanley that the following action be taken by the Court: That Revision No. 2 to the Annual Road Plan be approved as shown on the attached document. This revision does not change the Annual Road Plan budget amount or the amount allocated to each service center. Motion carried, all present voting aye.

At 10:10 A.M. Judge Willy recessed this special session by Commissioners Court and at 10:25 A.M. entered into a Workshop with all members present to discuss the following: A. Discuss Resolution Declaring Intention To Reimburse Project Expenditures At 10:25 A.M. Commissioners Court was again in open session with all members present and the following orders were entered:

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ORDER NO. 47 RE: MOTION TO RECONSIDER ORDER 22 OF THIS DATE, APRIL 23, 2002

Motion to reconsider Order No 22 of this date by Commissioner Payne, seconded by Commissioner Harris. Motion to reconsider carried, all present voting aye. ORDER NO. 48 RE: R.R. RAMSOWER, INC. TAX ABATEMENT ABATEMENT APPLICATION: ORDER GRANTING TAX ABATEMENT Motion by Commissioner Payne, seconded by Commissioner Harris that the following action be taken by the Court: That the application for tax abatement of R.R. Ramsower, Inc. attached hereto be granted in accordance with the Guidelines and Criteria for Granting Tax Abatement in a Reinvestment Zone created in Brazoria County; and that term of abatement and percentage of value abated shall be the same as the tax abatement agreement between the City of Angleton and R. R. Ramsower, Inc. and further that the County Judge is authorized to execute a tax abatement with R. R. Ramsower, Inc in accordance with the same guidelines and criteria. Motion carried, all present voting aye. ORDER NO. 49 RE: RESOLUTION DECLARING INTENTION TO REIMBURSE PROJECT EXPENDITURES

Motion by Commissioner Clawson, seconded by Commissioner Payne that the following action be taken by the Court: Approve the Resolution Declaring Intention To Reimburse Project Expenditures. (See Pages 662A & 662B) Motion carried, all present voting aye.

As no further matters were to be had, Judge Willy adjourned this Special Session of Commissioners’ Court at 11:10 A.M. ____________________________________ JUDGE JOHN WILLY ATTEST: JOYCE HUDMAN, COUNTY CLERK BRAZORIA COUNTY EX-OFFICIO MEMBER COMMISSIONERS’ COURT BY:_________________________Deputy

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