HomeMy WebLinkAbout1996-11-26-0900AM-Regulari -
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1. Invocation - Commissioner Sims.
2. Pledge of Allegiance - Commissioner Sims.
3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens
wishing to address the Court on county-related issues not scheduled on the agenda. Please
limit subject matter to five minutes. The Commissioners will receive the information,
conduct research into the matter, and/or place the matter on a future agenda for
discussion. (A recording is made of the meeting; therefore, please give your name and
address for the record.)
Consider and take action on agenda items 4 - 22:
4. Personnel Change of Status.
5. Payment of Claims.
6. Budget Amendment 96/97-6.
7. Resolution authorizing the submission of a grant request to the Criminal Justice Division
for funding to Brazos County for the Narcotics Trafficking Task Force.
8. Request for out-of-state travel for an Assistant County Attorney to attend the National
College of District Attorneys - Criminal Investigations in Reno, Nevada.
9. Request to increase number of allowed non-paid deputy constables for Constable, Precinct
2.
10. Extension of lease from The Harvey Community Foundation for the citizen's collection
station.
11. Staffing request from the Jail Administration of the Sheriffs Office.
12. Communications equipment for Emergency Management.
13. Compensatory time pay for three employees of the Constable, Precinct 7 office.
14. Appointment of two fire commissioners to the Brazos County Fire Prevention District #4
Fire Commissioners Board.
AGENDA
BRAZOS COUNTY
BRYAN. TEXAS
V9V21 P113:2 3
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
NOVEMBER 26,1996 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN,
TEXAS.
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} Commissioners Court Meeting Agenda
i November 26, 1996
Page Two
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15. Permission for Road & Bridge to enter C.W. Cobb's property located off Cobb Road for
the purpose of hauling water to be used for erosion control project on Cobb Road for the
health, safety and welfare of the general public. Site is located in Precinct 3.
16. Permission for Road & Bridge to enter Mildred Hensices property located off FM 50 for
the purpose of disposing of dead livestock for the health, safety and welfare of the general
public. Site is located in Precinct 4.
17. The Final Plat of Timbercreek at Steep Hollow Phase 11, 104.55 acres, Richardson Perry
Survey. Site is located in Precinct 3.
18. Request from Wellborn Road Limited (for Wellborn Water Supply Corp.) to place a road
bore in the right-of-way of Capstone Road for the purpose of installing a 6" PVC line and
a 10" casing. Site is located in Precinct 1.
19. Requisition from Capital Projects for office furniture (desk, chair, filing cabinet) for Risk
Management.
20. Blanket Purchase Orders.
21. Approval of Commissioners Court minutes for meetings held on September 3, September
10, September 17, and September 24 and two workshops held on September 10 and
September 12, 1996. •
22. Approval of Resolution for Agreed Corrected Award of Condemnation Cause #332CC.
23. Acknowledge receipt of the October 1996 Treasurers Report.
24. Acknowledge receipt of monthly reports from County officials and department heads.
25. Call for citizen input and/or concerns.
26.. Announcement of interest items and possible future agenda topics.
27. Call for Executive Session in accordance with Section 551.072 of the Texas Open
Meetings Act regarding acquisition of property.
28. Consider and take action on Executive Session.
29. Adjourn.
The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request
for sign interpretive services must be made 48 hours before the meeting. To make arrangements,
call (409) 361-4102.
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COMMISSIONERS' COURT
REGULAR MEETING
NOVEMBER 26, 1996
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Tuesday, November 26, 1996, with the following members
of the Court present:
Alvin W. Jones, County Judge, Presiding;
Gary Norton, Commissioner of Precinct 1;
Sandie Walker, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
Attached is a list of the citizens and officials in
attendance.
Commissioner Sims gave the invocation and led the pledge
of allegiance.
There was no citizen input and/or concerns.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT REASON
Mahoney, Paul County Attorney Tran w/i dpt
McDaniel, Glynis District Attorney Sal Increase
Spillane, E. III District Attorney Sal Increase
Pomykal, Dana District Clerk Promotion
on motion by Commissioner Norton, seconded by Commissioner
Cauley, 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:
97-001680 through 97-001977
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the Claims as
submitted. On motion by the County Judge, seconded by
Commissioner Sims, the Court voted unanimously to include
claim number 97-001978 for approval. `
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commissioners Court meeting November 26, 1996
The Court next considered Budget Amendment $96/97-06,
which would transfer funds from Contingency to Community
Support and the County Attorney's office; reallocate funds
budgeted for the General Permanent Improvement Fund and adjust
the budget of the Kids and Kops Grant. On motion by
Commissioner Sims, seconded by Commissioner Walker, the Court
voted unanimously to approve the budget amendment as
submitted, a copy of which is attached hereto.
On motion by Commissioner Norton, seconded by
Commissioner Cauley, the Court voted unanimously to adopt a
resolution authorizing the County Judge to make application to
the Criminal Justice Division, Office of the Governor, for
grant funds to fund the program known as the "Narcotics
Trafficking Task Force" and to authorize the County Judge to
accept such grant funds should they be tendered. Federal
funding would be In the amount of $504,900 and state/local
funding in the amount of $168,314.
The next matter for consideration by the Court was a
written request submitted by the County Attorney requesting
approval for out of state travel for Assistant County Attorney
Brenda Bailey. Ms. Bailey would be traveling to Reno, Nevada
to attend the "National College of District Attorneys-Criminal
investigations" course during the week of February 2 through
the 6, 1997. On motion by Commissioner Cauley, seconded by
Commissioner sims, the Court voted unanimously to grant the
request from the County Attorney and approved payment of out
of state travel expense for Ms. Bailey.
The next matter for consideration was a request submitted
by Constable Precinct 2, James Marrow, to increase the number
of allowed non-paid deputy constables for his precinct.
Commissioner Sims moved to deny the request. The County Judge
seconded the motion. Commissioners Walker, Sims and the
County•Judge voted "Aye". Commissioner Cauley voted "No".
Commissioner Norton abstained. The motion carried.
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Commissioners Court meeting November 26, 1996
The Court next considered renewal of a lease agreement
between Brazos County and The Harvey Community Center of
Brazos County for rental of a small tract of land for the
citizens' collection station in Precinct 3. The lease
agreement is to extend the term of the original Lease dated
September 21, 1992 for one year. All terms, agreements,
covenants and conditions contained in the original lease
remain the same. On motion by Commissioner Sims, seconded by
Commissioner Norton, the Court voted unanimously to renew the
lease agreement between The Harvey Community Center and Brazos
County. A copy of the lease agreement is attached.
On motion by the County Judge, seconded by Commissioner
Walker, the Court voted unanimously to table consideration of
the staffing request submitted by the Jail Administrator to
allow the Court more time to study the request.
The Court next considered a memorandum from the Director
of* Emergency Management in reference to communications
equipment for his department. Mr. Forsthoff reminded the
Court that during budget hearings the purchase of radios was
approved and was again approved when the County Judge read
aloud the line item review of the capital expenditure budget
for the County. He asked that the $1,800.00 for his
communication equipment be reinstated to the capital
expenditure budget. On motion by Commissioner Norton,
seconded by Commissioner Sims, the Court voted unanimously to
reinstate the $1,800.00 for communications equipment in the
capital expenditures budget.
The next matter for consideration was the payment for
Compensatory time. for three employees of the Constable,
Precinct 7 office. After a meeting with Commissioner Cauley,
and Gerald A. Woolf, legal counsel, the three employees
accepted the hours submitted by the County Auditor. On motion
by Commissioner Norton, seconded by Commissioner Walker, the
Court voted unanimously to authorize the payment of $39,783.08
as final payment for accrued compensatory time.
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Commissioners Court meeting November 26, 1996
The Court next considered the appointment of two Fire
Commissioners to the Brazos County Fire Prevention District #4
Fire Commissioners Board. On motion by Commissioner Cauley,
seconded by Commissioner Sims, the Court voted unanimously to
appoint Alvin Phelps and Dorothy Dlaby to the Brazos County
Fire Prevention District #4 Fire Commissioners Board. The
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term of service will be for two years beginning January 1,
1997 and ending on December 31, 1998.
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 C. W. Cobb on Cobb
Road in Precinct 3 to haul water to be used for an erosion
control project. On motion by Commissioner Sims, seconded by
Commissioner Norton, the Court voted unanimously to authorize
the work.
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 Mildred Hensler on
FM 50 in Precinct 4 to dispose of dead livestock. On motion
by Commissioner Cauley, seconded by Commissioner Sims, the
Court voted unanimously to authorize the work.
The Court next considered approval of the Final Plat of
Timbercreek at Steep Hollow Phase II Subdivision in Precinct
3. Richard Vance, County Engineer, stated that he had
reviewed the plat and all appeared to be in order and
recommended approval. On motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court unanimously
approved the final plat of the Timbercreek at Steep Hollow
Phase II Subdivision.
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The Court next considered the request from Wellborn Road
Limited (for Wellborn Water Supply Corporation) to place a
road bore in the right-of-way of Capstone Drive to install a
1 6 inch PVC line and a 10 'inch casing. The site is located in
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Commissioners Court meeting November 26, 1996
Precinct 1. On motion by Commissioner Norton, seconded by
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Commissioner Cauley, the Court voted unanimously to approve
the request from Wellborn Road Limited (for Wellborn Water
Supply Corporation) and authorized the installation. A copy
of the request is attached hereto.
The Court next considered approval of a requisition from
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Capital Expenditures for the purchase of office furniture for
the Risk Manager's Office. This is a budgeted item in the
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1996/1997 county budget. Total cost is $1,251.56. On motion
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by Commissioner Cauley, seconded by Commissioner Sims, the
Court voted unanimously to approve the requisition in the
amount of $1,251.56 to be paid from Capital Expenditures for
the purchase of office furniture for the Risk Manager's
Office.
The Court proceeded to consider the following Blanket
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Purchase Orders:
Tom's Barbecue
Farmers Market
Longhorn Tavern
B/CS Cham of Com
Scarmardo Produce
Readfield Meats
Alliant Food
McLane/Food
Richters Bakery
Lilly Dairy
Cain's Coffee
Sysco Food Serv
Dave & Dave
Mikes Grocery
Sav-On
Eagle
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Crt & Jury Serv
$
11000.00
Crt & Jury Serv
$
1,000.00
Crt & Jury Serv
$
11000.00
MPO
$
5,761.14
Jail
$
3,000.00
Jail
$
2,000.00
Jail
$11,000.00
Jail
$
3,000.00
Jail
$
1,400.00
Jail
$
2,400.00
Jail
$
1,000.00
Jail
$
1,000.00
Juvenile Services
$
1,000.00
Juvenile Services
$
500.00
Risk Management
$
500.00
Purchasing
$
1,000.00
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the Blanket
Purchase Orders as submitted.
The Court next considered approval of the minutes of the
Commissioners' Court meetings held in September, 1996 on the
following dates: 3, 10, 17, 24 and two Workshops held on
September 10 and 12, 1996. On motion by Commissioner Cauley,
seconded by Commissioner Walker, the Court voted unanimously
to approve the minutes as submitted.
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Commissioners Court meeting November 26, 1996
On motion by ' Commissioner Norton, seconded by
Commissioner Sims, the Court voted unanimously to adopt a
Resolution approving and accepting the NUNC PRO TUNC Agreed
Corrected Award of Commissioners in cause #332-cc County Court
at Law $2, Brazos County vs. Gerry L. Saum and Susan M. Wood
and that it replace the AWARD OF COMMISSIONERS for any and all
purposes.
The Court received, approved and ordered filed as
submitted the Treasurer's report for October 1996. A copy of
which is attached to and made a part of these minutes.
The Court acknowledged receipt of the Extension Service
reports for October 1996 and acknowledged receipt of reports
from County and Precinct Offices showing revenues collected
and remitted to the County Treasurer. An excerpt from those
reports is attached hereto.
There was no-citizen input and/or concerns.
The County Judge made the following comments:
1) Reminded Court that the Ag banquet would
be held at the Brazos Center on December
5, 1996.
2) Mentioned memorandum to all newly elected
officials reminding them that the
swearing in ceremony will be at 10:00 a.m
on January 1, 1997.
3 ) Informed the Court that he would be going
to Austin
4) Reminded everyone of the hamburger
cookout at the Road & Bridge Department
for county employees on November 27,
1996.
5) Announced a workshop on Tuesday, December
3, 1996. Topics to be discussed:
a) Energy Study
b) Certificate of Insurance
c) Drug Testing
6) There will be a tour of the new Juvenile
Facility scheduled after the Commis-
sioners Court meeting of December 10,
1996.
7) Informed the Court that the gym at the
Juvenile Facility. will be air
conditioned. Bill Jeanes will research
to see where the error occurred.
8) Bill Williamson, former employee of
Constable Precinct 7, asked about his
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Commissioners Court meeting November 26, 1996
1990-1995 compensatory time payment
request. The County Judge indicated that
he felt final settlement had been made.
At 9:35 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in closed
executive session to discuss the acquisition of property as
allowed under Section 551.072 of the Texas Open Meetings Act.
At 9:55 a.m. the County Judge announced the meeting open
to the public. On motion by Commissioner Cauley, seconded by
Commissioner Norton, the Court voted unanimously to authorize
Linda Muegge, County Right-of-Way Agent, to correct the titles
to property the County previously acquired along Jones Road.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court meeting
held November 26, 1996 have been examined and are approved in
open Court this the 31 f' day of Dom. , 19~1e•
in Bryan, Brazos County, Texas.
Alvin W. Jones
County Judge
Sandie lke
Commissioner, Precinct 2
Chrey C ley, Jr:
Commiss oner, Pre i t 4
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Precinct 1
Commissioner, Precinct 3
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Mary Anif/ Ward
County Clerk
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BRAZOS COUNTY COMMISSIONERS' MEETING ON TUESDAY, NOVEMBER 26, 1996 AT 9:00 A.M.
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RRAZOS'COIINTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1995-1996 BUDGET YEAR
NO. 96/97-06
on this the 26th day of November 1996 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Gary Norton, Commissioner, Precinct 1;
Sandie Walker, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on November 26, 1996, the Court heard and
approved a budget amendment for the 1996-1997 budget year for
Brazos County, Texas.
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 August 8, 1996
the following amendment(s) to the original are hereby authorized,
as described on the attached page(s).
ADOPTED AND APPROVED this the 26th day of November 1996
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
Budget Amendment File
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
NO. 96/97 - 6
FD DIV ACCT PROJ DRlCR ACCOUNT NAME INCREASE DECREASE
45 630005 802870 355097 Dr Equipment - Radios 1,800.00
45 630005 809500 Cr Exposition Center 1,800.00
General Permanent Improvement Fund - To setup the budget for three radios
requested from the Emergency Management Department as follows:
I 1-VHF/UHF Kenwood TM 733A Radio
2-Motorola Radius GP300 Radios
Prepared By: MKW Approved By:
Date: 11119/96• Date:
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11/19196
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BUDGET AMENDMENTS
NO. 96197 - 6
FD DIV ACCT PROJ DR/CR DESCRIPTION INCREASE DECREASE
01 1810 653200 181097 Dr Equipment - Maintenance 2,000.00
01 1810 715000 181097 Cr Rental - Equipment 2,000.00
County Attorney - Kids and Kops - To record the budget adjustment as authorized
by the Texas Department of Transportation on November 15, 1996.
This Budget Amendment is for information only.
Prepared By: MKW Approved By:
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Date: 11/19/96
11/19/96
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
NO_ 96/97 - 6
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DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
INCREASE
DECREASE
01
180001
516400
Cr
Hourly - Temporary
2,816.00
01
180001
531000
Cr
Social Security
215 00
01
180001
538000
Dr
Workers Compensation
456.00
01
180001
539000
Cr
Unemployment Insurance
22.00
01
110015
611300
Dr
Contingency
2,597.00
County Attorney Division - To adjust Salary and Benefits for Position 8071-1.
At the Commissioners Court meeting 11/19/96, approval was given to combine two (2)
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CIerk-Temporary positions into one Temporary position. The onginal positions were
budgetted to reserve salary funds in the event our state grant (Kids and Kops) was eliminatied. It was
intended to not allow the salary and benefits to exceed the State allowance ($17,146) for this
position. It was also noted that the workers compensation was not sufficient because this
position is classified as law enforcement at a higher rate. This amendment will put the over bugetted
amount back into Conti gency.
91' final Bu
mste-d
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Position 8071-1
9078
15340
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Position. 8071-2
9078
0
Social Security
1389
1174
Work.Comp.
61
517
Unemployment Ins
137
115
Totals
19743
17146
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• Prepared By: MKW
Date: 11120/96
Approved By:
Date:,
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
NO. 96197 - 6
FD DIV ACCT PROJ DR/CR ACCOUNT NAME INCREASE DECREASE
01 110020 737100 Dr Regional Water Committee 9,000.00
1
01 110015 611300 Cr Contingency 9,000.00
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Community Support - To setup the budget for the contract approved Nov. 19, 1996
allowing the Brazos County Commissioners Court (County) to participate in the Brazos
County Area Regional Water Supply System Feasibility Study (Study) as a member of the
Brazos River Authority (Authority).
Prepared By: MKW
Date: 11119/96
Approved By:
Date:
11/19/96
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STATE OF TEXAS §
COUNTY OF BRAZOS §
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A RESOLUTION BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE CRIMINAL
JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR FUNDING TO BRAZOS
COUNTY, TEXAS FOR A PROGRAM KNOWN AS THE "NARCOTICS TRAFFICKING
TASK FORCE."
WHEREAS, the Commissioners' Court of Brazos County, Texas have the moral
obligation to the citizens and taxpayers of Brazos County to ensure that the criminal justice
system operates in the most efficient and coordinated manner possible; and
WHEREAS, the Commissioners' Court feels that the continuation of the Narcotics
Trafficking Task Force will materially enhance the administration of justice in Brazos County,
Texas; and
WHEREAS, in order to receive Fedeal matching grant funds, local governments,
including Brazos County have been responsible for providing local matching funds in the amount
of twenty-five percent of the money utilized in narcotics operations; and
WHEREAS, the opportunity exists to fund vital parts of this program through the Office
of the Governor of the State of Texas, Criminal Justice Division;
NOW, THEREFORE BE IT RESOLVED by the Commisiioners' Court of Brazos
County, Texas at its meeting on the 26th day of November, 1996 that:
1. The County Judge of Brazos County, acting on behalf of Brazos County, be
authorized to make application to the Criminal Justice Division, Office of the
Governor, for grant funds resulting from the Narcotics Trafficking Task Force.
2. The County Judge be authorized to accept such grant funds should they be tendered.
3. This resolution becomes effective upon its adoption.
Alvin V. Jones, Co my Judge
Brazos County, Texas
ATTEST:
Mary A Ward, County Clerk
Brazos County, Texas
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LEASE AGREEMENT
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AGREEMENT of Lease, made this the 26 4, day of Oeteber, 1996, by and
between THE HARVEY COMMUNITY CENTER, actingbyand through its duly elected
Board of Trustees, (called "LANDLORD") and BRAZOS COUNTY, TEXAS, acting by
and through its duly elected Commissioners Court (called 'TENANT").
This agreement is to renew and extend the term of the original Lease (dated
9/21/92 for a period of one (1) year. The renewal term shall be effective from the
date first above set forth and shall extend for a period of one year after the effective
date.
The terms, agreements, covenants and conditions contained in the original
Lease re biding upon and shall insure the benefit of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed as of the day and year first above written.
HARVEY COMMUNITY CENTER BRAZOS COUNTY, TEXAS
By: By: • '
rusfbe Al W. Jones
County Judge
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By: Gt)
Trustee "TENANT"
By:
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING:
11/26/96 . '
ITEM: Permission to enter C.W. Cobb's
proper located off Cobb Road for the
purpose of hauling water to be used for erosion control project (grass seeding) on Cobb
Road for the health, safety and welfare of
the general public. Site will be maintained until
project is completed. Signed permission
form on file, Site Is located in Precinct 3,
SOURCE OF FUNDS: N/A
1. PRESENTATION:
II.. ACTION REQUESTED OR
ALTERNATIVES:
SUBMITTED BY:
APPR ED
Richard F. Vance, P.E.
Comm issi er Randy Sims
i County Engineer
Precinc
CC96-122
Approved in Commissioners' Court
Date•
Alvin W. Jones, 'County Judge
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Commissioner Pct 4 Date /
W- A
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BRAZOS COUNTY
eenroot~r PRIVATE PROPERTY ACCESS PERMISSION FORM
AMn W. ,ones- - - - - - -
Cowty Judge
Guy Norton
Commisslonef t I
Sandie walker
Commissioner Pd 2
Randy Sims
Commissioner Pd 2
Ca I
1. LAND OWNER AND ADDRESS. &
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II. LOCATION OF WORK /~A
III. DESCRIPTION OF WORK TO BE DONE -M-t, ~b 1•+ <AP i l~ [-I-El
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IV. MAINTENANCE YES v NO
IF YES, ESTIMATED FREQUENCY OF MAINTENANC G yeey af~er6Ay)-
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(Owner will be notified prior to maintenance)
R and F. Vance, P.ff Charles Zal anek
County Engineer +gIlQVMVKJQWM Area Foreman, Pct 3
OWNER'S SIGNATURE GrJ Cam'
DATE
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_ _ ` - ^ BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
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DATE OF COURT MEETING: 11/26/96
i ITEM: Permission to enter Mildred Hensler's.prope located off FM 50 for the
t purpose of disposing (burial) of dead livestock for the health, safety and welfare of the
general public. Signed permission form on file. Site is located in Precinct 4.
SOURCE OF FUNDS: N/A
1. PRESENTATION:
II. ACTION REQUESTED OR ALTERNATIVES:
SUBMI ED BY: APPROVED BY:
R chard F. Vance. P.E. Commissi er Carey Ca I
County Engineer Precinct 4
CC96-123
Approved in Commissioners' Court
Date* -
Alvin-W. Jones, C my Judge
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E0 PRIVATE•PROPERTYACCESS -V
' PERMISSION FORM
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Randy Slma
Commissionemd 3
-'t AW Carey 6,14 ,
CommisslonerPct4 , Date
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I. LAND OWNER AND_ADDRESS _ Z,.,~,._~
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if. LOCATION OF WORK
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III. DESCRIPTION OF WORK TO BE DONE 4,
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IV. MAINTENANCE YES NO ✓
IF YES, ESTIMATED FREQUENCY OF MAINTENANCE
(Own will be notified prior to maintenance)
Ri and F. Vance, P.E. C.E. (Ed) Iverson
County Engineer Engineering Aide
OWNER'S SIGNATURE &4-
- - DATE ,_/s
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NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
FROM: Mr. Cary Troop, Jr. RE: Type Installation - Road, Precinct,
WELLBORN ROAD LIMITED Crossing X Parallel Install.^
f Two Cielo Center, Suite 300 Road: Capstone Drive
s~ 1250 Capitol of Texas Hwy Precinct No.: 1
Austin, TX 78746
Formal notice is hereby given that (Applicant) WELLBORN ROAD LIMITED
proposes to place a (type) Wellborn Water Supply Corp. PVC Line & PV Cas ng
pipeline within the right-of-way (road) Capstone Drive _
In Brazos County, Texas as follows:
The location or description of the proposed Installation Is more fully shown by
8 coples of the drawings attached to this notice.
1. The County Engineer must be notified prior to the beginning of construction in order that
they might be on hand to designate the actual location of the Installation.
2 That all damage to the roadways and right-of-ways will be repaired to their original condition
to the satisfaction of the County Engineer.
3. That Brazos County reserves the right to require Applicant to relocate or lower any such
Ono at no cost to Brazos County, should same become necossary due to widening or
loworing, or other alteration of the roadway or right-of-way.
4. That Brazos County is in no way responsible for any damage that might occur to any
existing utility lines In the right-of-way.
5. That the line will be constructed and maintained on the County right-of-way in accordance
with governing laws.
6. That the line or lines will be constructed no less than forty-eight Inches (48') lower than the
lowest part of the drainage or bar ditch and the drainage is to be considered at least two
fbet (2) below the center of the roadway.
7. That all roads shall be bored and cased for such distance, from toe of slope to toe of slope
and In no case shall an open pit be allowed within four feet of the shoulder of the road.
8. That all sites will be barricaded during the construction period.
9. That the normal charge Is $500.00 per crossing and/or $40.00 per rod when paralleling the
roadway established by the Commissioners' Court on January 28, 1985.
10. Ditch line shall be compacted to 90% standard density ASTM-Test method No. D-598; test
shall be conducted by an Independent Geotechnical testing firm; copies of all test results
shall be furnished to the office of the Brazos County Engineer.
11. Construction shall be In strict conformance to the latest Texas Manual on Uniform Traffic
Control Devicq for Streets and Highways, published by the Texas Department of
Transportation, and all other State and Federal laws governing utility construction.
Construction of this line will begin on'or after (date) . November 11, 1996
r~
APPROVED BY COMMISSIONERS
• COURT ON:
/1 - Z!o-riT_ r
Date
n Rw,a w. T.,a,.
Brazos County Judge
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` APPLICANT:
Cary Troop, Jr.
'WF:rISORN ROAD TIMTTM
Name/Title
Michael R. McClure, P.E., R.P.L.S.
McCIAIRE ENG11=TNG,INC_
Company Representative
(409) 776-6700
Telephone No.
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BRAZOS COUNTY
BRYAN. TEXAS
RESOLUTION
It being moved by Commissioner Gary Norton and seconded by Commissioner Randy
Sims duly put and carried:
THAT the Commissioners Court of Brazos County, Texas hereby approves and accepts
the NUNC PRO TUNC AGREED CORRECTED AWARD OF COMMISSIONERS in place and
instead of the AWARD OF COMMISSIONERS heard on June 26, 1995, and with the Judge of
the designated Court;
FURTHER, that said NUNC PRO TUNC AGREED CORRECTED AWARD OF
COMMISSIONERS, replace said AWARD OF COMMISSIONERS for any and all purposes with
said NUNC PRO TUNC AGREED CORRECTED AWARD OF COMMISSIONERS being
approved and hereinafter presented to the designated Court.
ADOPTED this the 26th day of November, 1996, in Bryan, Brazos County, Texas.
Alvin"-W. Jones, ounty Judge
ATTEST:
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Mary Ann a , County Clerk
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BRAZOS COUNTY. TEXAS 4 PROCEEDINGS IN EMINENT DOMAIN
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Condemnor
COUNTY COURT AT LAW #2
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C,EP.RY L. SAUM and §
SUSAN M. WOOD §
Condemnees § BRAZOS COUNTY, TEXAS
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NUNC PRO TUNC
AGREED CORRECTED AWARD OF COMMISSIONERS
On the 20th day of June, 1995, in the Brazos Center at 3232
Briarcrest Drive, Bryan, Brazos County, Texas, the'above styled
cause came on to be heard before three disinterested freeholders of
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Brazos County, Texas, heretofore appointed as Special Commissioners
by the Judge of the County Court at Law #2 of Brazos County, Texas,
to assess the damage to Condemnees property caused by said
condemnation proceeding and came the Petitioner/ Condemnor, Brazos
County by. and through County Commissioner Gary Norton, represented
:
by Randall Michel, and came also the Respondent/Condemnees by and
through Gerry L. Saum, Attorney and both sides having announced
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ready, the Commissioners proceeded to hear evidence and arguments
of the parties, and made the following findings:
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That on the 20th day of March 1995, Brazos County, Texas,
' acting by and through its Commissioners Court filed a written
Statement and Petition for Condemnation with the Judge of Brazos
County, Texas. Based upon the statements made therein many of
which all parties agree were inconsistent with documents recorded
in the official Records of Brazos County, Texas, Petitioner sought
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a decree of condemnation vesting in said Petitioner/Condemnor the
fee simple title in and to the hereinafter correctly described
property said property being incorrectly described in the written
Statement and Petition for•Condemnation. Petitioner sought said
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vesting of condemned property but excluded from the said estate to
be condemned all the oil, gas, and sulphur which can be removed
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from beneath said land without any right whatever remaining to
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owners of such oil, gas and sulphur of ingress or egress to or from
the surface of said land for the purpose of exploring, developing,
drilling, or mining of the same said ownership and rights being
maintained in full and reserved hereby totally to Condemnee owners
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all as provided by Chapter 300, Acts of the Regular Session of the
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55th Legislature of Texas, which property is situated in Brazos
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County, Texas and described in Attachment "A", which is made a part
of the herein Award for any and all purposes. All parties-also
hereby agree that whereas ownership of the subject property was
misstated in documents previously filed herein, attachment."A"
correctly states ownership of the same.
II.
!
That upon consideration of said written Statement and
Petition, the Judge of the County Court at Law #2 of Brazos County,
Texas, on the 23rd day of March, 1995, did appoint Mr. Bill,Lero,
Dr. Dan Colunga, and Dr. Robert Lyon who are each disinterested
freeholders of Brazos County, Texas to serve as Special
Commissioners to assess the damages caused by the condemnation of
said property and property rights. Said Special Commissioners duly
qualified as such, each taking the oath prescribed by law before
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the start of the hearing, which oaths are on file with the papers
in this cause.
IV.
That after having so qualified, the Special Commissioners on
May 23, 1995, by written Order filed on May 24, 1995, named June,
1, 1995, at Brazos County Courthouse, Commissioners Courtroom as
the date and place for hearing said Statement and Petition.
However, said date and place were changed by agreement of the
parties to June 20, 1995, at the Brazos Center in Bryan, Texas.
V.
That on June 20, 1995, in the Brazos Center in Bryan, Texas,
said Special Commissioners did convene and the following named
parties appeared in person or by attorney:
Brazos County, Texas, by and through
Commissioner Gary Norton of Precinct No. .1,
and Right of way Agent, Linda Muegge, with
counsel for Brazos County, Randy Michel;
Attorney Gerry L. Saum for Condemnees;
O. D. Butler, Lessee of subject property; and
John Hamilton, Don Jones, and Edsel Jones all
as witnesses.
The above named parties as represented announced ready for
such hearing, and the Special Commissioners proceeded to hear
evidence as to the damages which would be sustained by Condemnee
owners of the property described in Attachment "A", by reason of
the condemnation of said property.
That no evidence was offered at said hearing that lessee O. D.
Butler, lienholder Louise Parsons, or lienholder Aubrey Parsons
were properly notified of the,filing of the action herein described
a. .
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or the date and place of said,hearing. None were represented at
said hearing. It is hereby agreed by the parties that even though
the Plaintiff asserted "that no liens, mortgages, or Deeds of Trust
in favor of any third parties, necessary to this proceeding, exist
on the subject property to be condemned" in the Statement and
Petition for Condemnation, the Official Records of Brazos County,
Texas, contained recorded Deeds of Trust perfecting liens on some
portions of said property in favor Louise Parsons and Aubrey
Parsons, respectively.
VI.
That after hearing and considering such evidence, said Special
Commissioners did find and determine that a taking of said property
was appropriate for the purposes stated, and accordingly assessed
damages to be paid by Brazos County, Texas, for this condemnation
according to the rules of damages set forth in Section 21.042 of
the Property Code of Texas, in the total amount of Nine Thousand
Three Hundred dollars ($9,300.00) according to the percentage of
ownership to Condemnees, Gerry L. Saum and Susan M. Wood. ' All
parties agree that one check should be issued payable to Gerry L.
Saum and/or Susan M. Wood in the amount awarded. The Commissioners
further determined that no damage compensation would be awarded to
lessee, O. D. Butler, for any separate damage to the leasehold
estate by virtue of the condemnation.
VII.
The parties agree that the taxable costs of this proceeding
are adjudged against Brazos County, Texas with such costs to be
paid to the County Clerk of Brazos County, Texas. Specifically,
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-ach Special Commissioner shall be given a cost disbursement of
$300.00 each. Additionally, the parties agree that Brazos County
shall pay to Gerry L. Saum the sum of $ -40- for reimbursement
of expenditures and certain document preparation pertinent hereto.
VIII.
This Agreed Corrected Award of Commissioners is made in place
of and as a correction of the original Award of Commissioners filed
with the Court on June 26, 1995, and this instrument is made by
agreement of and accepted by all parties hereto for any and all
purposes but specifically in order to correct errors, mistakes or
misstatements as herein indicated or as contained in the original
disbursement documents.
That it is further stated and agreed by all parties that
additional property has been offered by Condemnees without
additional damage compensation and accepted by Brazos County,
Texas, as Condemnor, which increases the acreage vesting in fee
simple title to said Brazos County, Texas, to be used for the
purposes which are the subject of this action. This provided that
there is excluded from the additional estate also all the oil, gas,
and sulphur which can be removed from beneath said land along with
all necessary inclusions. It is further mutually agreed by all the
parties hereto that there shall be attached hereto and made a part
hereof for any and all purposes an Attachment "B" which properly
and correctly, according to the Official Records of Brazos County,
Texas, describes the subject property and. the owners thereof
respectively with a specific'legal description by field notes of
the property to' be vested in fee simple title to Brazos County,
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Texas by virtue of this Condemnation and mutual agreement of the
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parties hereto.
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411 • ' '
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AGREED AS TO FORM AND SUBSTANCE:
ALVt ONES, County Judge
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DERRY L. SAUM, Personally and as
attorney for Condemnees
SUSAN M. WOOD, Condemnee
The original decision and Award was filed with me on June
25th, 1995. This Agreed Corrected Decision and Award was filed
with me on this the day of- 1996.
SARAH L. RYAN, Judge
County Court at Law #2
Brazos County, Texas
ORDERED that the Agreed Corrected Order is hereby
day of 1996
SARAH L. RYAN, Judge
County Court-at Law #2
Brazos County, Texas
t o 77-17
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Note Gen Permanent Impv's Texpool interest is transfered to General Fund per Auditors Office
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Officers Reports October 1996
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MARY ANN WARD, COUNTY CLERK
FEES AND FINES:
General Fund
$34,789.00
Road and Bridge Fund
2,466.50
Ominbus Crime Fund
0.00
Law Library Fund
880.00
Appellate Court
90.00
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Bail Bonds Collected
0.00
Record Preservation
4,159.00
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TOTAL
$42,384.50
MARC HAMLIN, DISTRICT CLERK
FEES AND FINES:
General Fund
$43,183.75
Road and Bridge Fines
25,181.00
Ominbus Crime Fund
0.00
Law Library Fund
2,407.50
Appellate Court
605.00
Bail Bonds Collected
10,000.00
H.B. 66/Trust Fund/Other
36,702.77
TOTAL
$118,080.02
CAROLYN M. HENSARLING, JUSTICE OF THE
PEACE, PRECINCT 4, PLACE 2
Fines (County Share)
$8,670.20
Civil Fees/Small Claims
710.00
Certified Copies/Abstracts/Jury Fees
65.00
Deferred Adjudication Special Expense
1,410.00
Driving Safety/All Dismissal Fees
350.00
Transcript/Writ/Execution Fees/Bail Bo
215.00
Child Safety/Traffic Fees
352.00
Sheriff Fees
485.00
Constable Fees Pct. 4
1,445.00
Constable Fees Pct. 7
0.00
Checking Account Interest
44.62
Gross Weight Over 5,000 lbs Fines
0.00
!
D.P.S. Arrest Fees
1,140.00
Parks & Wildlife/Cosmotology Fees
10.00
T.A.B.C. - Arrest Fees
35.00
TAMU-A rest/Warrant Fees/Br an on Fees
25 00
J.
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Breath Alcohol Testing
30.00
Criminal Justice Planning
755.00
Law Enforcement Fees
490.50
Crime Victims Compensation
2,265.00
General Revenue Fund Fees
377.50
`
Operators/Chauf. License Fund
225.00
Judicial Court Training
151.00
Comprehensive Rehabilitation Fund Fees
305.00
TOTAL
$19,555.82
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Officers Reports October 1996
HALLIE DOBROVOLNY, JUSTICE OF THE
PEACE, PRECINCT 5
Fines (County Share)
Civil Fees/Small Claims
Certified Copies/Abstracts/Jury Fees
Deferred Adjudication Special Expense
Driving Safety/All Dismissal Fees
Child Safety/Traffic Fees
Transcript/Writ/Execution Fees
Sheriff Fees
Constable Fees Pct. 5
Constable Fees Pct. 7
Checking Account Interest
Gross Weight Over 5,000 lbs-Fines
D.P.S. Arrest Fees
Parks & Wildlife/Cosmetology Fees/Othe
T.A.B.C. - Arrest Fees
Breath Alcohol Testing/Bryan PD A/W Fe
Criminal Justice Planning
Law Enforcement Fees
Crime Victims Compensation
General Revenue Fund Fees
Operators/Chauf. License Fund
Judicial Court Training
Comprehensive Rehabilitation Fund Fees
TOTAL
GEORGE BOYETT, JUSTICE OF THE PEACE
PRECINCT 7, PLACE 1
Fines (County Share)
Civil Fees/Small Claims
Certified Copies/Abstracts/Jury Fees
Deferred Adjudication Special Expense
Driving Safety/All Dismissal Fees
Child Safety/Traffic Fees
Transcript/Writ/Execution Fees
Sheriff Fees
Constable Fees Pct. 7
Constable Fees Pct.
Checking Account Interest
Gross Weight Over 5,000 lbs-Fines
D.P.S. Arrest Fees
T.A.B.C. - Arrest Fees
T.A.M.U. - Arrest/Warrant Fees
Criminal Justice Planning
Law Enforcement Fees
Crime Victims Compensation
General Revenue Fund Fees
Operators/Chauf. License Fund
Judicial Court Training
Comprehensive Rehabilitation Fund Fees
TOTAL
$1,276.00
5.00
3.00
380.00
10.00
15.00
0.00
10.00
60.00
0.00
26.06
200.00
85.00
0.00
0.00
5.00
30.00
17.50
105.00
15.00
0.00
5.00
25.00
$2,272.56
$9,016.00
200.00
5.00
115.00
570.00
372.00
0.00
30.00
545.00
0.00
291.49
70.00
110.00
35.00
955.00
1,025.00
714.00
3,075.00
510.00
600.00
204.00
335.00
$18,777.49
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Officers Reports October 1996
WES HALL, JUSTICE OF THE PEACE
PRECINCT 7, PLACE 2
Fines (County Share)
$6,219.00
Civil Fees/Small Claims
80.00
Certified Copies/Abstracts/Jury Fees/A
13.00
Deferred Adjudication Special Expense
250.00
Driving Safety/All Dismissal Fees
290.00
Child Safety/Traffic Fees
219.00
Constable Fees Pct. 7
342.00
Constable Fees Pct.
0.00
Checking Account Interest
95.71
D.P.S. Arrest Fees
90.00
T.A.B.C. - Arrest Fees
0.00
T.A.M.U. - Arrest/Warrant Fees
785.00
Breath Alcohol Testing/Sheriff Fees
0.00
Criminal Justice Planning
615.00
Law Enforcement Fees
427.00
Crime Victims Compensation
1,850.00
General Revenue Fund Fees
305.00
Operators/Chauf. License Fund
450.00
Judicial Court Training
122.00
Comprehensive Rehabilitation Fund Fees
195.00
TOTAL
$12,347.71
MARY HORN, JUSTICE OF THE PEACE
PRECINCT 2
Fines (County Share)
$4,614.50
Civil Fees/Small Claims
46.60
Certified Copies/Abstracts/Jury Fees
650.00
Deferred Adjudication Special Expense
530.00
Driving Safety/All Dismissal Fees
312.00
Child Safety/Traffic Fees
0.00
Transcript/Writ/Execution Fees
0.00
Sheriff Fees
25.00
Constable Fees Pct. 2
315.00
Constable Fees Pct. 7
10.00
Constable Fees Pct. 4
0.00
Checking Account Interest
21.69
S.O. Arrest/War Fees/Trash Stickers/La
420.00
Road & Bridge
0.00
D.P.S. Arrest Fees
935.00
Parks & Wildlife/Cosmotology Fees
0.00
T.A.B.C. - Arrest Fees
0.00
Criminal Justice Planning
590.00
Law Enforcement Fees
389.00
Crime Victims Compensation
1,700.00
General Revenue Fund Fees
287.50
Operators/Chauf. License Fund
150.00
Judicial Court Training
118.00
Comprehensive Rehabilitation Fund Fees
475.U0
TOTAL
$11,589.29
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Officers Reports October 1996
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TOMMY LYONS, JUSTICE OF THE PEACE
PRECINCT 1
Fines (County Share)
$4,022.00
Civil Fees/Small Claims
0.00
Certified Copies/Abstracts/Jury Fees
5.00
Deferred Adjudication Special Expense
270.00
Driving Safety/All Dismissal Fees
210.00
Child Safety/Traffic Fees
216.00
Sheriff Fees
150.00
Constable Fees Pct. 1
5.00
Constable Fees Pct. 7
0.00
Constable Fees Pct. 2
0.00
Checking Account Interest
22.94
Gross Weight Over 5,000 lbs Fines
0.00
D.P.S. Arrest Fees
948.00
Criminal Justice Planning
405.00
Law Enforcement Fees
247.50
Crime Victims Compensation
1,193.00
General Revenue Fund Fees
197.50
Operators/Chauf. License Fund
225.00
Judicial Court Training
81.00
Comprehensive Rehabilitation Fund Fees
295.00
TOTAL
$8,492.94
RAY TRUELOVE, JUSTICE OF THE PEACE
PRECINCT 3
Fines (County Share)
$3,049.00
Civil Fees/Small Claims
100.00
Certified Copies/Abstracts/Jury Fees
10.00
Deferred Adjudication Special Expense
0.00
Driving Safety/All Dismissal Fees
90.00
Child Safety/Traffic Fees
99.00
Transcript/Writ/Execution Fees/ADRS Fe
80.00
Sheriff Fees
5.00
Constable Fees Pct. 3
225.00
Constable Fees Pct. 7
90.00
Constable Fees Pct. 2 & 4
0.00
Checking Account Interest
27.93
Validation Sticker Fees
590.00
Gross Weight over 5,000 lbs Fines
0.00
D.P.S. Arrest Fees
665.00
Parks & Wildlife/Cosmotology Fees ,
• 0.00
T.A.B.C. - Arrest Fees
0.00
Breath Alcohol Testing/Other
0.00
Criminal Justice Planning
215.00
Law Enforcement Fees
136.50
Crime Victims Compensation
645.00
General Revenue Fund Fees
107.50
Operators/Chauf. License Fund
75.00
Judicial Court Training
43.00
Comprehensive Rehabilitation Fund Fees
130.00
TOTAL
$6,382.93
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Officers Reports October 1996
RAYMOND DAY, CONSTABLE,
PRECINCT 1
Fees
JAMES MARROW, CONSTABLE,
PRECINCT 2
Fees
DERIR MATEJKA, CONSTABLE, PRECINCT 3
Fees
DUANE PETERS, CONSTABLE,
PRECINCT 4
Fees
FRANKIE NEMEC, JR., CONSTABLE
PRECINCT 5
Fees
WINFRED PITTMAN, CONSTABLE,
PRECINCT 7
Fees
Permit Fees
TOTAL
BRAZOS CENTER
Fees
Interest
Deposits Retained
TOTAL
BOBBY RIGGS, SHERIFF
Bail Bond Fees
Crime Stoppers Bond Fees
Civil Fees
Meal Reimbursement
Photo Copy Charges
Work Release Fees
Bail Bond Board Interest
Estray Fees
TOTAL
,
NO REPORT
$0.00
NO REPORT
$0.00
NO REPORT
$0.00
$5,758.60
$630.00
NO REPORT
$0.00
0.00
$0.00
$14,647.00
218.01
500.00
$15,365.01
$0.00
0.00
1,505.80
0.00
0.00
85.00
0.00
0.00
$1,590.80
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VOL -E.PAGE
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Officers Reports October 1996
r
JIM RUBOVIAR, COUNTY ATTORNEY
Family Violence Unit
ARLENE PARCHMAN, ADULT PROBATION
r
Attorney's Fees
Restitution
Fines
Court Costs
Crime Stoppers
Other
TOTAL
GERALD L. WINN, TAX ASSESSOR/
COLLECTOR
Ad Valorem
Fees
Road Bonds Taxes
I TOTAL
RICHARD VANCE, ROAD & BRIDGE
Permits Issued
I•
NO REPORT
$0.00
NO REPORT
$0.00
0.00
0.00
0.00
0.00
0.00
$0.00
NO REPORT
$0.00
0.00
0.00
$0.00
$4,375.00
VIMM
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