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HomeMy WebLinkAbout1947-12-08-1000AM-Regular' , - December 8, 11947 intendant are being neatly and well.kepte• r , f, r• On motion duly aocanded and unanimously adopted, the Court voted to,pay all bills i hl h i - had been properly filed and approved and for,which budgeted funde,are,awailable.. i • Whereupon the Court adjourned.' Cauhtil' Judge 1 P ATTEST G County a Monday, December 8, 1947. "t The Commissioners' Court of Brazos County, Texas, met in regular session in the office of the County Tudge at the Courthouse, on Monday, December 8, 1947, at tan o'clock a. m., Y+ with the following members present: A. S. Ware, County Judge, presiding; r?f'' Norton R. Burkhalter, Commissioner, Precinct No. 1; William A. Conrad, Commissioner, Precinct No. 2; s Clyde J. Porterfield, Commissioner, rrsoinot No. ; d :4 A Newton Aurlin, Commissioner, Frecinot No. 4; and A. B. Syptak, County Clerk. County and precinct officers' reports of fees colleoted.for,the month of November, 1947,'and duplicate receipts showing remittances to the,County.Traaaurer of, the amounts specified, were received and approved as follows: A. S. Ware, County Judge. . . . . . . . . . . . . . . . . . . . .$24.00 .1,046.00 A. A. Syptak, County Clerk . . . . . . . . . . . . T. W. Familton, Sheriff. . . . . . . . . . . . . . . 226.89 Davis tyrant, County Attorney . . . . . . . . . . . . . . 280.68, ` F. T. Cole, Clerk of District Court. 475.63 • i F. f". Dodson, Justice of the Peace, Precinct No. 4: ,Fees collected and-paid to County. : , . . 130.95 ' I Fees due him by County, 27 oases U $2.50. .67.50 Virgil Rstill, Constable, Precinct No. 4: 'r Fees collected and retained by him. . . . . . . . . 70.00 ; The following reports were received and approved as.follows: ;,,.`1^ Brazos County Fealth Unit for the month of October, 19471 ' ,'+„,;t•,',, Brazos County Welfare Board for the months of Soptember,and_Qotober, 19471 B. 0. Pace, Negro County Agricultural Agent, for the month' of November, 1947;, Fannie J. Taylor, Negro County Nome Demonstration Agent, for-the month.of•.~,.' November, 1947. " •On'motion duly seconded and unanimously adopted, the Court voted to authorize the County Clerk to record the plat and dedication of the "BONANO SUBDIVISION OF ARNOLD 10.7- ' ACRE TRACT", a subdivision of a 10.7 acre treat of land out of a 15-aore tract conveyed to tiR;•;,' G. S. Arnold by W. T. 'Sryan out of the S. F. Austin Learue No. 10 of Brazos County, Texas, Le , ~.d • and being situated between the Bryan-Macy Road and the Old Bryan-Hearne Road, as'submitted Kit .~~'4~ • , by Pete A: nonano under date of Deoember 4, 1947; with the distinct stipulation, however,, 7'1~i;i'7111~711_~_ 771 ' e s , " :J , . - ~ r,.,'' 'i. I .1 ~ i ~ xv[~k'a,.:rc'.~R~'c~P~A: S .Yi ; • Fs r; - h r - Ai{: k4 r~ , h 4 : I It ' December 8, 1947 that Brazos County shall not thereby become liable for the construction or maintenance of any streets or roads. On motion duly seconded and unanimously adopted, the Court voted to authorize the County Clerk to record the plat and dedication of the REDDEIT AND THOMAS SUBDIVISION of an 8- sore tract of land out of a 38-acre tract in the S.F.Austin League No. 10, Brazos County, Texas, as submitted by S. B. Redden, Frank W. Thomas, and Kermit Scott, under date of December '5,_1947; with the distinct stipulation, however, that Brazos County shall not thereby become' liable for the construction or maintenance of any streets or roads. On motion duly seconded and unanimously adopted, the Court voted to rescind and cancel the action taken on October 28, 1947, by the terms of which the Sinclair Refining Company was granted an easement along Old Texas State Highway No. 6, now a Brazos County public road, for the laying and installation of the pipe line. This action is based upon a report to the Court! I to the effect that the said Sinclair Refining Company had secured permission from the A. & 11. College of Texas to lay its lines across State-owned property tuider control of the College. j The Court received the following petition from the Sinclair Refining Company, and in accordance with the request therein contained, passed the following order granting authority for crossings on county roads as indicated by the attached plat: "Board of County ro^inissioners November 25, 1947 Arazos County, Bryan, Texas Re: County Road Crossings Houston - Fort ':north Line Brazos County, Texas Gentlemen: Sinclair Refining Company hereby rakes application for permission to construct, main twin and operate a ten (10) inch pipe line for the transportation of crude petroleum and the products thereof between Houston and Fort Worth, Texas, under and across all roads and ditches encountered in the construction thereof, and which are under the supervision and control of the County Commissioners of 9razos County, Texas. In consideration of the granting of said permission, it is agreed by Sinclair Refining Company as follows: Said pipe line will be constructed at sufficient depth to pass under- neath all road drainage ditches so as not to interfere with road drainage system; and whether said road crossings be bored or open trenched, road traffic will be maintained at all times during progress of the work. •Said roads and the surface thereof at said points of crossing shall be replaced and res tored by Sinclair Refining Company to as-nearly as practicable the same condition as existe before the pipe lino was installed. All excavations will be promptly backfilled and thor- oughly tamped, and at locations where the excavated material from roadways is unsatisfactor for backfi111ng, the excavated material will be removed and ireplaoed with suitable backfill material. Sinclair Refining Company hereby agrees to indemnify and save harmless the Count of Brazos, State of Texas, from any and all loss, cost, damage, expense or liability arisin out of or occasioned by the operations of Sinclair Refining Company and/or the operations o any of its employees, agents, contractors or sub-oontr'aotors in the construction and oom- pletion of the said road crossings. Permission to cross State highways has been obtained from the Texas State Highway De- partment, and your favorable action upon this application and the issuance of a permit pur- suant thereto will be greatly appreciated. We submit a profile of our planned construction identified as Standard Road Crossing C1D-1. The course of our line throuvh Brazos County is outlined in red upon a general highway nap of Brazos County, Texas, and made R part of our application to the Commissioner Court and presented for your early consideration. Very truly yours, SINCLAIR REFINING C0ITANY 0F14;z BY: Alexander Johnston Enos. Alexander Johnston ^ IN THE MATTER OF THE APPLICATION BY SINCLAIR REFINING ' ` COWAITY -FOR PER1 ISSION TO LAY PIPE LINE OVER AND UNDER PUBLIC ROADS AND HIGTi1VAY5 p' Y B On this 8th day of December, 1947, at a regular session of the Commissioners Court of - Brazos County- Texas there came on to be heard and considered the petition of Sinclair Re- fining Company. "'a Maine' corporation, hereinbefore filed on November 28, 1947, for permission tc lay a`pipe line over,_aoross and under the public roads and highways in Brazos County, Texas, at' the approximate ,points indicated on the sketch or plat attached to and made a part of said 367'. .K t ` N j~G fJr P; A . Z1 11.-py , r' y~J ,1'I L .i rVt i S, ty+ ~ / t 'en }y 4 . 1 Icy 368 December 8. 1947 application, said application reading as follows: $ "M STATE OF TEAS F COUNTY OF BRAZOS i h , r TO THE TIOVORABLE 0011TISSIONERS COURT OF SAID COUNTY: $ Now comes Sinclair Refining 03mpany, a Waine corporation; with permit to do basin t in the State of Texas, and respectfully represents to the Court as follows:' 1. That your petitioner is engaged in the construction of a pipe•line,,commenoing at a point in Harris County, Texas, and extending generally in a northerly direction to a point in Tarrant County, Texas. II. r That in constructing said pipe line it is necessary to cross, pass over and under public roads and highways in Brazos County, Texas, at approximately , the points (delineated in red) shown on the attached map or plat, which is 4 made a part of this application. That said corporation,•under its permit to do business in Texas has all of the statutory powers set out•in Chapter 15, Title 32, of the Revised Civil Statutes of Texas. III. Your petitioner represents that it is willing and able to respond in damages to Brazos County for any and all injuries caused to the property of said County by the construction of said pipe line, and will lay and maintain such line according to the orders and regulations of this Court, and will restore all roads, highways and ditches across which said pipe line may be laid to their former,con- dition with the lease possible interference with the use of such roads, highways and ditches. WHEREFORE, your petitioner prays that this Court enter an order permitting Sinclair Refining Company to cross and pass over, and under, and to occupy the public roads and highways of Brazos County in the laying, construction, operation and maintenance of its said pipe line, and that said order contain the usual and customary provisions for the protection of the interests of Brazos County and the public in general. Respectfully submitted, SINCLAIR REFI1TING COMPANY BY: Alexander Johnston Alexander Johnston Executive in Charge of Right-of-Way (Signed) By ALEWTDER JOHATSTON" And the Court, after having, heard and duly considered the same, and being of 1,the opinion that said petition should be granted; IT IS ACCORDINGLY ORDERED, ADJVWED AND DECREED by the Court that said.petitlon, be and the same is hereby in all thipgs granted, and the said Sinclair Refining Company,•'~ its successors and assigns, shall be, and they are hereby granted the right and privileBe, of building, constructing, maintaining, using, operating, repairing and removing a pipe line, together with all appurtenances thereto, and also in connection therewith to erect, construct and maintain a telegraph and/or telephone line, and appurtenances thereto, along, across, on, in, and under the public roads and highways, and the streets and alleys of unincorporated cities and towns of the said Brazos County, Texas, at approximately the points shown on the map or plat attached to said petition, with all necessary or appropriate rights of ingress and egress, and to so, use, operate and maintain the said line for so long a period of time as it is used for the purposes thereunto intended by the said Sinclair Re- ftninR Company, subjeot, however, to the following provisions and conditions: ' Jk,~ffO,T j.~ f a b 1 Y ,J O f~ • ~ r Y G 4; r ' O fIf 1, r k y , q .1 • k i Tna 1 ` `f • `ice' : I, ! - h - ~ ~ _ . 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IBM, loily.11- r 1` r i } ' ( SH BRONZE -1 NO. 40 MB ' ' { SCREEN RAZED O VER ; ~ ENO OF PIPE P+ FENCE-HWY. 5AV r. e ` _ 2 VC~T PIPE---- 4 0" r" - h r-24° I IM 38` MINIM'., a WELD M N UN FLOW-_ i WELD + - SLOPE i 4 - 1 CLC TO 'ir =`,y MUM 'I { - ` ~ " ' ~ f%i„hs~"s~rr'~~tllcy" ~'~t~~~'~' i M~ ~ ~ + ' , N . / '~ctp;:~ -1 ~4 n -1r Deoember B, 1947. C % r - - ' - • _ ' O 40 MESH BRONZE ;f HWY R11N -FENCE SCREEN BRAZED OVER n, y END OF POPE 2" VENT PIPE HIGHWAY . w ' j- HIGHWAY '.SLA I o ►a 71 r.°Oe`~p~vo4~q L~• 0 C♦ °;►}S ~►1 J}~pa c/ ` " STEEL CONDUCTOR CASING WELD r-WELD SLOPE - - 1' 1 - - -STCEL PIP-- E LINE 12 ' X1.1, ' ~ ` • - ` - • ,-5, 't.. ~W' y'i:~' • '1^ I 1 , rl , r ` - • . ] , . t.. ~ ~ l.l~.. v'4 '~4:: ~l i~:'=t r `L -'r' Y ~`'E. 1 .4 5' - f ~ ~ ' `VARIABLE LENGTH GENERAL NOTE- LOCATE 2"VENT PIPES AS ' CLOSE TO PENCE AS POSSIBLE,AND SO AS NOT • 0O 08STAUCT, ANY PASSAGE O, . •r ; t''}, ,µl •'l, ,mot I YyL9 ')SA , • I - - , % REVISIONS SINCLAI R REFINING COMPANY PRODUCTS PIPE LINE tr r,r'r COLUMBUS OHIO AUGUST 9-1941 ;'z, t`," •'c PIPE STEEL - STANDARD ROAD CROSSING o NOR L CONDUCTOR ..~t'~:.• ' - try t. r•• SIZE CASING, DRAWN Z.1 CMCKD yy , ' 'i .l} e.]., . 10•• . T RACED QaY;-•r.. SC C I D ALE % .~.^+;'.rl~<j "u%:z. L'.~rL41>.l} ,S:i`'t? ki'al~...ti..4 S1Y,M1.wi><a°:.r.•-.a`3.''.:ti•~.i ~w e'.I'i tAr:::r'i r; l~:~:a, 1 C ~'r- Tip - - ~ -.1-..,•.d, s , - .s.ac=tea ~-.f.~r,'•',9.`'ti.-.'Cq,~iw^,"..4'~•.'dram.w~:.i,l:>,~u~.1.'~:h.'25e=.:+.• - .Y, 'i'i;,b~rT- ~rk•r+.^'i"' ,~{F:tilid'~•~'~+:'" x~b..d':i};•v'Ll•p`+1L~eks►~:"4'.- s.r.,e;,)i r`'M,~bti•:tia`1~~~' •L~+~'+` ~~r li]•nTPi ~•l~.fi-•".•"~ii'~,l~v ,`~h1r~:J•.r c7_777 7 369. 7t" ,t r. ,e,.~: •3t 77" `17 •'.Y AWE- r~ / p~'~ . - • • 2 tom: ~ Y. ~ ra .K3:i,.wPa .,Yq~~t~r,'+~F'x-,?~~i-'f.'y.,?+`,~~#i•1,?p~Ae'~' ;~;''n << = 369 December 8, 1947: (1) In the event any Injury shall be occasioned by said Sinclair Refining ,Jw Company to Brazos County, whether real or personal property damage by reason of ' • , 4 ' the building, construction, maintenance, use, operation, or removal of said pipe y, line and appurtenances, or of said telegraph and/or telephone line and appurte- ! nanoes, then and in any such event, and upon demand therefor, the said Sinclair a ' Refining Company binds and obligates itself to fully pay, indemnify, save and keep - harmless the said Brazos County, for any and all damages, costs and expenses occasioned J by such injuries, such payment to be made at Bryan, in Brazos County Texas. , { (2) The said Sinclair Refining Company binds and obligates itself to bury and maintain said pipe line at such depth and in such manner, and to erect and maintain any 4 telegraph or telephone line (if erected) in such manner as not to interfere with the ord- inary traffic and public use of said roads and highways, or the natural or artificial t drainage thereof, and to restore all roads, highways, ditches and bridges to the same con- dition in which found upon entry thereof. In the event said Sinclair Refining Company, its successors or assigns, shall fail to comply with this obligation, then any and all • ~y damages occasioned by such failure shall be paid by them to Brazos Count y, at Bryan, in • • Brazos County, - Texas. - (3) At any point where such pipe line may cross a State maintai ed hi h n g way, the L> said Sinclair Refining Company binds and obligates itself to bury and install the pipe in s : accordance with such standards and-specifioations as may be prescribed for similar work b Y . the State Highway Department of the State of Texas, and to bore under the highway and an- case the pipe in such manner and to such an extent that the top of the casing will be buried " - to a depth of not less than thirty (30) inches below the low points in the borrow pits on either aide of the roadway; and at the points of road crossings, other than State main- tained' highways, the said Sinclair Refining Company binds and obligates itself'to bury and ' I install the pipe to a depth of not less than thirty (30) inches below the low points in the o b rrow pits on either aide of the roadway. ` The entry by the said Sinclair Refining Company upon the public roads, highways and other public grounds of Brizos,County, for the purposes for which the foregoing right - y 'of-way-is granted,, shall constitute, full evidence and be conclusive of the agreement of said Company to ali of the terms and conditions of this grant. r ` Entered this 8th day of December, 1947. A. S. Were County Judge of BrazosCounty Texas ' , ?,L, , r', a, ^ Norton R. Burkhalter o Commissioner, Precinct No. 1 J;- 1•'. rr, Wm. Conrad a';t Commissioner, Precinct No. 2 -C. T. Porterfield Commissioner, rreoinot No. 3 , - Newton 13urlin ' Commissioner, krecinot No. 4 I r. i1~~ yr. ~r - , ` ~ 5, r•d~ n',~ '`!L' `r r':Y :,,,1~' K ,.,g~7 ,y+ y, 4 aF,,C, 2 d.•S~ ,6g y,.. .rf.~ 5~'FS, 3-,.i%«,..'' ~'?n '4~^-~" "~a ~v i~ , ] , } r C ~ t,) h 6~~ 1 7'ld` • HYy~. ' 7~ s ' t' ~ ~ 3 9''9 r _ , rC' ~°~D'`'t,, - a" ~ ;7~~.: ,,s-t'JF~-l"~~.'~ b,,;~,•r ~kli::~n _ kyrn.• ..>.r.~`~it3l'a'`alS,.~ +5h~~,.•Sr•~'''ni~;4r~{, ,sY.r°~}ii,. r' ~~?t`'~„= t' r r ;y' , Vr C;, -•i•r ',•-'=•rR:~. v:'.sr. _t°.E. ~_t~•r,st•'.~' Rt. r;rre ,S'>Ie1 y'°~ , I' ' - 370 December 8, 1947 On motion duly seconded and unanimously adopted, the Court voted to not rent for 1944 the pasture land included in the Brazos County farm, and in this connection directed that th 61 bid of Mr. R. E. Yeager therefor be rejected and that his check tendered in advance payment I of rental be returned to him. ~ On motion duly seconded and unanimously adopted, the Court voted to fix the Christmas I and New Year's Holidays for the Courthouse officers and employees as follows: ~ For Christmas, to close at noon Wednesday, December 24, 1947, and reopen at i $ eight o'clock a. m. on Monday, December 29, 1947; For New Yeay's, the entire day of Thursday, January 1, 1948. P It was distinctly understood, however, that all such officers and employees will be subject to call in case of emergency during the said holiday period. On motion duly seconded and unanimously adopted, it was voted that as a permanent policy of Brazos County, any employee who wilfully or negligently failed or refused to meet i his dust financial obligations would be subject to dismissal. The Court received manual delivery of two road easements signed by John D. Quinn and others and dated October 21, 1947, and November 21, 1947, respectively, and purporting, to deliver to the County an easement fifty feet wide for a proposed county road, as referred to in the minutes of this Court on September 9, 1947. Because of the financial requirements an expenses involved in the construction of such a road, and even though the right-of-way ease- ments had already been recorded without the assent or knowledge of the Commissioners' Court, it was voted to table these easements and to defer nny action in connection therewith until a subsequent meeting of the Court. The Court received and considered the following communication and petitions which were presented to the Court in person by Yr. W. Wipprecht of Bryan: "October 24, 1947 Bryan, Texas. Hon. A. S. Idare, Judge, Commissioners Court, Brazos County, Bryan, Te)ae. Dear Judge Ware: Through your good offices I wish to call to the attention of the Commissioners Court the matter of the Old Spanish Road, which according to the act of the Legle- lature, the State Highway Commission was instructed to build and maintain that road. The work proposed called for an underpass where,the Southern Pacific railroad crosses the Spanish Road South of Benchley. This work was interrupted at the be- ginning of the Second World War, which caused a scarcity of steel for construction purposes. AS the war is now over and steel is available for all purposes of building, I urge that you please take this matter up officially and see what can be done. Very truly yours, W. WIPPRECHiT WPI/m Walter Wipprecht " "STATM 03P TEXAS COtrNTY OF RRAZOS l WE, TAE IMMRSICITED, being citizens and residents of Brazos and Robertson County and using that portion of the Old Spanish Road in our business of ocming and going, to the various communities along the road and Highway No. 6, respectfully request that You exert your influence and bend every effort to get the underpass south of Benohley built to complete the road from Highway 6 to the weat,side of the Southern t'aoific line. Name= Address: John Kopecky Benchley, Texas August C. I.erka It H Liphtsey 1+ C. TS-Dunn 1 n 1 E l O e - -~^~rlwi+7.EaY'' :.fir `µ~,({di%~~ ~.,~,'i~'r'"-~6 .eT!~; art, R,',r - i December 8, 1947 ~s- i 371' 1 • I • Gus Bade 11. B. Born Frank Kopeoky I~ Joe Herman n J. P. Parrott - ' Fritz Severn Wylie B Higgs J. Go liotsby Paul Kopecky R. C. Seale i , Frank R. Seale "STATE OF TEXAS COTnrrY OF BRAZOS',' ( ' We, the undersigned being citizens and residents of Brazos and Robertson County and using that portion - of the Old Spanish Road in our business of ooming and going; to the various communities along the road and Highway No. 6, respectfully request that you exert your-influence and bend every effort to get the underpass south of Ronohley built to complete the road - from Highway 6 to the west side of the Southern lacific line. Name: Address: 3 Willie Rice Rt. 1, Box 108, Benohley, Texas Ida Rice Benchley, Tex., R.F.D. 1, Box 100 Sam Westbrook Benchley, Texas, Rt. 1, Box 121 Raymond Tohnson Benchley, Texas, Route 1, Box 115 James 11. Allen Benohley, Texas, R. 1, Box 119 k 111. Y. Ddorsey Benchley, Texas, R. 1, Box 108 -Lee Davis Robert Dorsey R. 1, Box 51 Benohley, Tex., R. 1, Box 58 Ruben Cooper Benchley, Texas, R. 1, Box 58 Colonel Jones Benohley, Texas, R. 1, Box 112 Sanford Johnson Benchley, Tex., R. 1, Box 115 Luther Sharp Benohley, Tex., R. 1, B. 117-A R Mary Loughridge Benohley, Tex., R. 1, Box 116 Wesley Cashew Benohley, Tex. " On motion duly seconded and unanimously adopted, the Court voted to refer the ' petitions and request'to the State Highway Department through Mr. J. E. Blair, Division High- way Engineer, of Bryan, with the uzpent and respectful request that the State proceed with the building of the permanent underpass on the Old San Antonio Road at the railroad crossing 2= near Benohley, Texas. 4 -On motion duly seconded and unanimously adopted „ the Court voted to pay all bills ' , _ which had been properly tiled and approved and for which there are budgeted funds available. Whereupon the Court adjourned. • Special Mooting, Monday, December 15, 1947. Court the -following bide on road moo e y a with the specifications contained is the advdrtisonent heretofore published in the Bryan r 'fit - p ' i' ~.y _ ;rim{T~' , f• r Cd. y T' 'r',i , i F .v` v- 'n ` - °h x10..:;4. ,fir 7:•-" ,.-1<r`. ~.:g*i•' '~`cs`•i!`}•yi'. ~i r~ t~'~,• ' i :v 5:-}lftB~7.+«t. ~2iu._: ~ia• %t 4 i.> v1VLa: ' i = y . ,f. . . r, ' .Y,j r rti 'y`i).'1 i fJ'l `~•'i ' _ 112,a ~•k V', ~ ~ - ' , ' _ - _ ' ' ~ - - ,o ,'~'1 ' - - ~ y 1 rte- ' ' ' ' ~ rte ~ ' ,y, ~ ~ { •ri ` ~ S , j.._ i t _ t•. / . 4 ' The Commissioners' Court of Brazos County, Texas, met in special eossion in the office of the County Judge at the Courthouse in Bryan, Texas, at ten o'clock a. m., on Monday hNt December 15, 1947, with the following members present: ` A. S. Ware, County Judge, presiding;; Norton R. Burkhalter, Commissioner, Precinct No. 1; William A. Conrad, Colmnisaioner, Precinct No. 2; ky ' Preoinot No. 3; Clyde J. Porterfield, Commissioner, ? : Newton Burlin, Commissioner; Precinct No. 4; and ~ ; + 'A. B. Syptak, County Clerk. p The purpose of this speoial meeting was to receive 'and consider bids for road maoh- inery and equipment diioh might be submitted in response to the public advertisement for bids thereon as authorized by the Court. on November 10; 1947. ,The County Auditor laid before the S r ° equipment -W;4 1, he had received in hi accordance n