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HomeMy WebLinkAbout2010-04-06-9:00AM-REGULARI/ 0 BRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA Zu ` - I P 3: 31 ) ��T BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 6 APRIL 2010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Judge Sims. 2. Call for citizen's input and/or concerns: Consider and take action on agenda items 3 — 18: 3. Request from Juvenile Services for permission to transfer funds in Division 31000200 from Account 51610000 to Account 71030000 (employment services) to utilize Elite Nursing Services, P.L.L.C. to employ a temporary Licensed Vocational Nurse (LVN). 4. Request from the Budget Office to rescind Budget Amendment 09/10 — 24.4 regarding reallocation of funds for the April 2010 run -off election. 5. Budget Amendment 09/10 — 25.1 thru 25.4. 6. Personnel Change of Status. 7. Payment of Claims. 8. Proclamation 10 -018 with the Cities of Bryan and College Station proclaiming 20 April 2010 as Brazos County Arbor Day. Office of the County Judge . 200 South Texas Ave. . Suite 332 . Bryan, Texas 77803 . Fax: (979) 361 -4503 vol. 1 P I Commissioners Court Agenda 6 April 2010 Page 2 Resolution 10 -007 in support of Brazos County's grant application #1803306 for Drug Court funding from the Criminal Justice Division of the Governor's Office, and designation of the Director of the Community Supervision and Corrections Department as the grantee's authorized official. 10. Establishment of a Magistrate's Fee of $50.00 /case, to be collected as court costs in any case which is referred to a Magistrate in Brazos County, in accordance with Texas Government Code §54.1116. 11. Appointment of the following individuals to the Homeland Security Advisory Committee for 2010, representing Brazos County: Reappointments a. R. B. Alley, Fire Chief, City of College Station b. Brian Hilton, Emergency Management Coordinator, City of College Station c. Bart Humphreys, Public Information Officer, City of College Station d. Michael Donoho, Fire Chief, City of Bryan e. Jerry Henry, Emergency Management Coordinator, City of Bryan f Betsy Godwin, Executive Director, Brazos County 911 g. Jim Barker, Deputy Fire Chief, South Brazos County Fire Department h. Leslie Lutz, Emergency Planner, Texas A &M University i. Kenny Mallard, Precinct 3 Commissioner, Brazos County j. Chuck Frazier, Emergency Management Coordinator, Brazos County. New Appointments a. Bill Searles, Risk Manager, Brazos County b. Mike Wilson, Chief Deputy, Brazos County Sheriff's Office J 0h c. Donald Lampo, Precinct 2 Constable, Brazos County , ► ref Er;c. jz5ile� I 6 4j oJ� 9( 12. Out of state travel request for Sheriff's Investigator David Villarreal to attend the "Informant Management" training session sponsored by the Regional Counterdrug Training Academy at the Naval Air Station in Meridian, Mississippi. Travel and training dates include 9 -13 May 2010. 13. Treasurer's Report for the Month of February 2010. 14. Request for reimbursement of $171.70 from the FY10 Historical Commission budget to Barbara Althaus for printing expenses incurred in FY09. 15. Tax Refund Applications for the following: a. Linda Hughes TTE b. C &M Billing c. W. P. Barrett, HI 16. Request for permission to advertise Bid 2010 -30, Folding Walls for Expo Center Expansion. Vol. 153 Pg. a Commissioners Court Agenda 6 April 2010 Page 3 17. Request from Purchasing for departments to be allowed to exercise discretionary purchases up to $1000.00 instead of $500.00. 18. Request for permission to enter Steven Emert's property located off Tonkaway Lake Road for the purpose of clearing underbrush, small trees and limbs to create better sight distance around a curve in the roadway; for the health, safety and welfare of the general public. Site is located in Precinct 3. 19. Recognition of County Arboretum Underwriter 20. Discussion regarding ongoing efforts with the CIRA Software Project. 21. Announcement of interest items and possible future agenda topics. 22. Call for citizen input and/or concerns. 23. Agency / Board / Committee reports by Court members. 24. Adjourn Vol. 133 pg. 3 Commissioners Court Agenda 6 April 2010 Page 4 PUBLIC COMMENTS Public Comment during the Comrission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: I. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. )W pg. 4 COMMISSIONERS' COURT REGULAR MEETING APRIL 6, 2010 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, April 6, 2010 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. The County Judge gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The first matter before the Court was a request from Juvenile Services for permission to transfer funds in Division 31000200 from Account 51610000 to Account 71030000 (employment services) to utilized Elite Nursing Services, P.L.L.C. to employ a temporary Licensed Vocational Nurse (LVN) . The Vol 133 Page 5 Commissioners Court meeting April 6, 2010 2 position has been vacant for quite a while but he will continue looking for a full time employee. The budget amendment will allow for about eight (8) weeks of service. Commissioner Mallard question liability coverage at which Dr. Vance replied that the coverage was carried through the service. Bill Jeanes, Risk Manager stated that he would like to see the contract. Bill Ballard, Civil Attorney replied that he has reviewed and approved the contract. He proceeded to list the protection offered by the service. He went on to say that the signed copy of the contract has not been returned and that is the only reason it is not on today's agenda. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter for consideration was a request from the Budget Officer to rescind Budget Amendment 09/10 -24.4 concerning the reallocation of funds for the April 2010 run- off. This will not affect the dollar amount of the original budget. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered Budget Amendment #09/10 -25.1 through 25.4 that would reallocate funds for Non Departmental, County Court at Law #2, Juvenile Services; and transfer funds Vol 133 Page Commissioners Court meeting April 6, 2010 3 from County Clerk DDEA to Primary Election Service. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7072809 through 7073045 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of Proclamation 10 -018 with the Cities of Bryan and College Station proclaiming April 20, 2010 as Brazos County Arbor Day. The Court joins with Keep Brazos Beautiful and the two cities in their continuing commitment to a comprehensive, urban, community tree care program. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to join with the mayors of the cities of Bryan and Vol 63 Page 7 Commissioners Court meeting April 6, 2010 4 College Station in proclaiming April 20, 2010 as Brazos County Arbor Day. The Court next considered Resolution 10 -007 in support of Brazos County's grant application #1803306 for Drug Court funding from the Criminal Justice Division of the Governor's Office, and the designation of the Brazos County Community Supervision and Corrections Department as the grantee's authorized official. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve submission of the grant application #10803306 for the Brazos County Drug Court to the Office of the Governor, Criminal Justice Division, to authorize the Brazos County Community Supervision and Corrections Department to accept such grant funds as may be tendered and to designate the Director of the Community Supervision and Corrections Department as the grantee's authorized official. The next matter for consideration was the acknowledgement of an Administrative Order signed by the three (3) District Judges and two (2) County Court at Law Judges referring any of the types of cases and proceedings described in Tex. Govt. Code §54.1106 to any of the three Magistrates and the collection of a Magistrate's Fee of $50.00 per case, to be collected as court costs in any case that is referred to a Vol 153 Page 3 Commissioners Court meeting April 6, 2010 5 Magistrate in Brazos County, in accordance with Texas Government Code §54.1116. The County Judge moved to confirm the $50.00 fee. Commissioner Mallard seconded the motion. Commissioner Peters stated his concern that this might discourage the use of the Magistrate Court. He also asked about when there is a no fault divorce heard in that court. Katie Conner, County Auditor stated if the loser of the case has to pay, this was established when the Magistrate was approved. This is merely confirming the fee. After some discussion, the County Judge and Commissioner Mallard withdrew their motion and second and went on to consider agenda item 11 while the Court awaited the arrival of Judge J.D. Langley to answer some questions. The next matter for consideration was the appointments and reappointments of individuals to serve on the Homeland Security Advisory Committee for 2010, representing Brazos County. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to make the following appointments, reappointments and one addition: Reappointments: a. R. B. Alley, Fire Chief, City of College Station b. Brian Hilton, Emergency Management Coordinator, City of College Station C. Bart Humphreys, Public Information Officer, City of College Station d. Michael Donoho, Fire Chief, City of Bryan Vol i 33 Page Cl Commissioners Court meeting April 6, 2010 0 e. Jerry Henry, Emergency Management Coordinator, City of Bryan f. Betsy Godwin, Executive Director, Brazos County 911 g. Jim Barker, Deputy Fire Chief, South Brazos County Fire Department h. Leslie Lutz, Emergency Planner, Texas A &M University i. Kenny Mallard, Precinct 3 Commissioner, Brazos County j. Chuck Frazier, Emergency Management Coordinator, Brazos County New Appointments: a. Bill Jeanes, Risk Manager, Brazos County b. Mike Wilson, Chief Deputy, Brazos County Sheriff's Office C. Donald Lampo, Precinct 2 Constable, Brazos County d. Eric Buske, Police Chief City of Bryan The next matter for consideration by the Court was a request submitted by Sheriff Chris Kirk seeking approval for out of state travel for Investigator David Villarreal to attend the "Informant Management" training session sponsored by the Regional Counterdrug Training Academy (ROTA) at to Naval Air Station in Meridian, Mississippi May 9 th through May 13 2010. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Sheriff and approved payment of out of state travel expense for Investigator David Villarreal. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's Vol 03 Page 10 Commissioners Court meeting April 6, 2010 7 report for February 2010. A copy is attached to and made a part of these minutes. The Court next considered a reimbursement request from Anne Boykin, Heritage Programs Coordinator for $171.70 from the FY 2010 Historical Commission budget to reimburse Barbara Althaus for printing expenses incurred in FY 2009. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to reimburse Mrs. Althaus the $171.70 with funds coming from Non Departmental since the Historical Commission contract states for postage only. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Linda Hughes TTE, over payment $1,207.54 b. C &M Billing, over payment $20.60 c. W. P. Barrett, III, over payment $252.42 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The Court next considered advertising Bid 2010 -30, Folding Walls for Expo Complex Expansion. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to advertise Bid 2010 -30, Folding Walls for the Exposition Complex Expansion. Vol 03 Page 0. Commissioners Court meeting April 6, 2010 8 The Court next considered a request from the Purchasing Department to allow each department to be able to exercise discretionary purchases up to $1,000.00 instead of $500.00. Katie Conner, County Auditor explained that this would mean no quotes necessary for items $1,000.00 or below. The County Judge asked why Purchasing was asking for this. Pat Howard, Purchasing Agent replied that there is lots of employee time wasted on quotes for a small amount of money. Most counties she said are at $2,000 or above. Some are at $5,000.00 The County Judge moved to approve the request. Commissioner Peters seconded the motion. Commissioners Wassermann, Peters, Mallard and the County Judge voted "Aye ". Commissioner Cauley voted "No ". The motion carried. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Steven Emert on Tonkaway Lake Road in Precinct 3 to clear out underbrush, small trees and limbs to create better sight distance around a curve in the roadway. on motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to authorize the work. Vol 153 Page la Commissioners Court meeting April 6, 2010 9 with the arrival of Judge J.D. Langley, the County Judge resumed consideration of agenda item 10. Judge Langley explained that indigent people only need to file an affidavit with the clerk. This fee will help defray the cost of the Magistrate. They have been charging the fee in criminal cases but they are now adding designated civil cases. The Magistrates have jurisdiction and are merely confirming it. The payment of the fee is discretionary and up to the judge to assign who will pay. In a no fault divorce the fee is usually paid by the person filing the paperwork. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to acknowledge receipt of the Administrative Order and authorize the $50.00 fee on all cases filed in the Magistrates' Court. The next matter for consideration was the recognition of the County Arboretum Underwriter. Horticulture Program Assistant was pres Janis Atkins' gift, introduce her to the Master Gardner's input, both financial extended a personal invitation to the dedication. Charla Anthony, ent to talk about Ms. court and tell of the and labor. She then court to attend the Vol 633 Page 13 Commissioners Court meeting April 6, 2010 10 The Court next heard a discussion presented by Eric Caldwell, Director of the Information Technology Department on the CIRA Software Project. There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns, the following spoke: Sheriff Chris Kirk a) There were 512 inmates in jail, 71 have electronic monitors and 82 are pending for monitors. Under Agency /Board /Committee reports by Court members the following spoke: Commissioner Cauley a) asked to revisit agenda item # 8. Ms. Anthony stated very clearly that National Arbor Day was April 30 but the Proclamation from the City states that it is April 20 She asked if it was a typo? Also can the County designate their own Arbor Day at any time they wish? Commissioner Cauley then moved for approval of the proclamation contingent on the 2p being the correct date, but that if it is a typo it be approved to coincide with the date approved by the city. Commissioner Mallard seconded the motion and it carried unanimously. There being no further business to come before the Court, the meeting was adjourned. Vol 15 3 Page I + The foregoing minutes of the Commissioners Court meeting held April 6, 2010 have been examined and are approved in open Court this the ( day of �(J(? 4 2010, in Bryan, Brazos County Texas. —&4d-- G- 4+ Lloyd Wfassermann Commissioner, Precinct 1 Duane Peters Commissioner, Precinct 2 Attest: 4a�- K en McQueen C unty Clerk Kenny Mall r Commissione , Precinct A 3 Vol 133 Page 15 BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2010 @ 'I.'DD QM " = c4 eY-1 PAGE / of 3 Vol. 43 3 P 1(0 i lm 9.. i1_ WIN - — ��_ fl-i W I W ON " = c4 eY-1 PAGE / of 3 Vol. 43 3 P 1(0 i BRAZOS COUNTY COMMISSIONERS COURT Meeting on /� 2010 Name Organization / Department � 21 PAGE c ,2 of °_ Vol. X p 0 TY TEXAS 5 BRAZOSCOUN , BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 25.1 thru 25.4 On this the 6 day of April 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 6 April 2010 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 6 day of April 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Randy ms, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. - 3 3— Pg•- -- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 25.1 4/6/2010 FUNDI 0100 DIV 11000500 ACCT 72590000 PROJ 1 DR/CR CR ACCOUNT NAME Professional Fees Increase Decrease 6,060.00 0100 11000500 71025000 DR Contract Services 6,060.00 Non De artmental: To reallocate funds to pay for Park Hudson Pro ert Owners Association dues owed on pro purch sed from BISD. This will cover two uarters this fiscal ear. jP er pared €By r, Vol.— Pg'— -- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 25.2 5 PIX161K FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23100100 60600000 CR Office Su I 372.38 0100 23100100 67281000 DR Minor Equipment - Electronic 372.38 County Court at Law #2: To Purchase a replacement Fax machine. Cost to re air old fax machine was greater than the cost to p urchase a new one. Vol. l3 Pg. 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 25.3 416/2010 FUNDI DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 21000100 59100000 CR DDEA 5,800.00 0100 91350000 DR Transfer to Primary Election Services 5,800.00 3500 49028000 CR Transfer from General Fund 5,800.00 3500 211200 72590000 DR Professional Fees 5,800.00 Primary Election Services and I Clerk: To reallocate funds to cover the costs for programming, transporting equipment, pre - define & back up for the April 2010 Rep. & Dem. runoff elections. 133 Vol. pg 21 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 25.4 4/6/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000200 51610000 C Hourly -Staff 7,296.00 0100 31000200 71030000 DR Employment Services 7,296.00 Juvenile Services Department: To reallocate funds to cover costs to utilize Elite Nursing Services, P.L.L.C. to employ a temporary licensed Vocational Nurse LVN . Vol. 133 P9- PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 6, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Attorney Transfer w /in Dept. Transfer Win Dept. Resignation Transfer w /in Dept. Bouis, Melissa Casares, Rose Dibrell, Allison Perez, Cynthia JP 2 -2 Lewis, Donna Juvenile Gray, William Resignation Retirement SO Jail Approved in Commissioners' Court: April 6, 20 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 22 Vo1. _. New Hire Ortega, Gabriel Brazos County Bryan, TX RESOLUTION WHEREAS, the Brazos County Commissioners Court finds it in the best interest of the citizens of Brazos County that the Brazos County Drug Court be operated for the 2011 Fiscal Year, September 1, 2010 — August 31, 2011; and WHEREAS, the Brazos County Commissioners Court agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, the Brazos County Commissioners Court designates the Director of the Brazos County Community Supervision and Corrections Department as the authorized official for this grant. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that the Brazos County Commissioners Court approves submission of grant application number 1803306 for the Brazos County Drug Court to the Office of the Governor, Criminal Justice Division. Passed and approv� this (n day of �aIt� Randy Sim Lloyd Wasgerma Precinct 1 Commissioner Duane Peters, Precinct 2 ommissioner Grant Application Number: 1803306 Vol. Pg.��� Resolution 10-007 BRAZOSCOUNTY BRYAN, TEXAS #10 Establishment of a Magistrates' Fee The Brazos County Commissioners Court does hereby set the Magistrates' Fee at $50.00 /case to be collected in any case, civil or criminal, which is referred to a Magistrate in Brazos County, in accordance with Texas Government Code §54.1116. APPROVED: County Judge date Office of the County Judge • 200 South Texa Suite 332 • Bryan-Texas 77803 • Fax: (979) 3614503 Vol. Pg. IN THE 85"', 272 and 361 DISTRICT COURTS and. IN THE COUNTY COURTS AT LAW NOS. 1 & 2 OF BRAZOS COUNTY, TEXAS MAR 252010 M)1\TISTIRATIVE ORDER -. Three magistrates currently have been approved by the Commissioners Court of Brazos County to serve all the District Courts and County Courts at Law in Brazos County, Texas. The kinds of proceedings that may be referred to these magistrates is governed by Tex. Govt. Code §54.1106. The judges of the district courts and the county courts at law are of the opinion that the referral of any of the types of cases and proceedings described in Tex. Govt. Code §54.1106 to any of the three magistrates is appropriate and necessary for the expeditious and efficient management of the courts' dockets. IT IS THEREFORE ORDERED that any of the types of cases and proceedings described in Tex. Govt. Code §54.1106 are referred to and may be heard by any magistrate appointed under the authority of Tex. Govt. Code §54.1101 by the District Courts and County Courts at Law and approved by the Commissioners Court of Brazos County, unless a separate order negating or modifying this order in a particular case is signed. Page 1 of 2 ^ r V01. ���3 Pg. �j This order shall apply to any case now pending in this court and to any cases filed in the district courts and the county courts at law in Brazos County in the future until modified by future order. SIGNED on the '257 !� day of March, 20 D. LANGLEY STEVE SMITH Presiding Judge Presiding Judge 85th District Court 361' District Court VIS B. BRYAN, III r e s iding Judge 272n District Court ?�RqANDA MATZKE Presiding Judge County Court at Law No. I 4 (X- JIM LO(KV PresidinVudge County Court at Law No. 2 I q 1',f R VO13- Page k2 L 3OVERNMENT CODE CHAPTER 54. MASTERS; MAGISTRATES... http: / /www.statutes.legis. state. tx .us /Docs /GV /htm/GV.54.htm#54.1116 APPEAL. Pending appeal of the magistrate's report to the referring court, the decisions and recommendations of the magistrate's report have the force and effect of, and are enforceable as, an order of the referring court, except as provided by other law for a particular action by the magistrate. Added by Acts 2001, 77th Leg., ch. Renumbered from Government Code Sec ch. 1275, Sec. 2(56), eff. Sept. 1, 954, Sec. 1, eff. June 14, 2001. 54.1054 by Acts 2003, 78th Leg., 2003. Sec. 54.1115. JUDICIAL ACTION. (a) The referring court may modify, correct, reject, reverse, or recommit for further proceedings any action taken by the magistrate. (b) If the referring court does not take any action, the actions of the magistrate become the decree of the referring court on adoption by that court. Added by Acts 2001, 77th Leg., ch. Renumbered from Government Code Sec ch. 1275, Sec. 2(56), eff. Sept. 1, 954, Sec. 1, eff. June 14, 2001. 54.1055 by Acts 2003, 78th Leg., 2003. Sec. 54:1116. COSTS OF MAGISTRATE. (a) The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party is able to pay those costs, the court shall impose the magistrate's fees as costs against the nonprevailing party. (b) The Commissioners Court of Brazos County shall set the amount of the magistrate's fees that may be imposed as costs. Unless a higher fee is authorized by law for a particular action taken by the magistrate, the magistrate's fees in a case may not exceed $50. (c) The clerk of the referring court shall collect the magistrate's fees and deposit the fees in the county treasury. Added by Acts 2001, 77th Leg., ch. Renumbered from Government Code Sec ch. 1275, Sec. 2(56), eff. Sept. 1, 954, Sec. 1, eff. June 14, 2001. 54.1056 by Acts 2003, 78th Leg., 2003. P g .- 112 of 148 4/1/2010 9:38 AM 4 /3 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this ( # - 8— day of �y�, A.D. 2010 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this 6 It day of 201 Randy Lloyd WAssermann, Commissioner Precinct #1 Treasurer's Report for the MONTH of FEBRUARY 2010 Duane eters, Commissioner Precinct #2 Vol. O LL 133 p g. t � O av . . . . . . . . . . . . . . . . . . . . . . . . . 11 VI 1� ' v C� 0 b N C6 R I I . I 1% N m N Iq m ch 1� r� 'i tf LQ T li rq I .5 P ci 1� ri L'i I I Lq 71� 16 .6 m 16 T. T E m C � n x C5 .. . . La 2i 4 z 0 u " z o z a u m z z LL 0 u m uw w < z., u Z z z w u d w z < E u Vol. O LL 133 p g. t � O av