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HomeMy WebLinkAbout1948-11-08-1000AM-RegularMonday, November ":;,- ~; " '-' - The Co~ntssioners' Court of Brazos County, Tezsa, met in resul~r session in the o'ffioe " of the County ~ud6e at the Courthouse ~n B~m, Bmzos C~ty, Texas, at ten o'clock ~'~ ~d~, Nova=bar 8, 19~, wl~ the ~olloMn~ =~bers pre.at: A. S. Ware, County ~u~e, pres~ding; , Norton R. B~k~lter, Comissi~er, ~eoin~ No. 1; ' .~ ,; Willi~ A. Conrad, C~is~oner, ~eotnot No. 2; , : , -, .,,,/ New~n B~ltn, C~ss~oner, ~eo~ot No. ~; an~ ,,, A.B. Syp~, County Clerk. .~ ~ County en~ precinct officers' repor~ of fees ~lleot~ f~ ~e month of 0oto~r~ .', 19~,' and dup~oete receipts sh~n8 ~lttano'es to the ,Oount[ Tr~r of ~e'~o~ ,~-~ s~fied, w~e received and ap~d as ~s~ '" '" ?-~' '- · ~' .:,'~. " A.S. Ware, Cowry ~udge ............ -.. ; '. ..... 00 ~ A.B. Sypta~, Cowry Clerk... , ~.' ~. - ~,, · .......... ; . · 1009.70 , .  ~ -o~ ~. W. Ha~lton, Sheri~ .......... ' ..... , .... 209.70" ' ~ ~ Davis Gmat, County Attorney ......... . ........ 329.~0 ~- , F.T. Cole, Cle~ of District Cou~ .............. 61~.00 ['; ~' Precinct No. ~: ,. E. M. Dodson, ~u~ioe of the ~aoe, [, Fees collected and paid to County ............. 192.~0 }. .,;v,, Fees due h~ by C~nty: '. ..... &O oa~es ~ $2.~0 ................... 1~,00 / .,, ~.,, 10 f~y cases ~ .~ ................ ~.00 ,:" Vir~ 1 Estill, Con.able, Precinct No. &; Fees co~eoted end rate.ed by him ............. 120.25 Y ~e follo~ng reports were received and app~ved as foll~s: ',( - -' Brazos County Welf~e Association, for ~e ~nths of Au~ an~ Sep~m~r, 19~; ,..~, .... ~.~ Br~os Coun~ ~eal~ Unit, for ~e ~n~ of Septem~r, 19&8; , .. Si"' ' W.M. K~o~, County A~nt, for ~e month of October, 19&8;  ~ '"' ~j, ~? c.' E~ly ~it~r, H~e Demon ~ ~ ti on A~nt, for the mon~ of October, 19&8; ' E. O. Pace, N~ County A~nt, for the month of Octo~r, 19~8; ..... F~e ~. T~lor, Ne~ H~e Demon~retion A~nt, for ~e mon~ of October, 19&8; " . -,~' ,'1;:, , - . "~ .... '.On ~tXon d~y seoond~ and una~us~ adopted, the Court void to autho~ze the , .,~" ,' '.-. County Cle~ to record ~e ple~ end dedXoatt~ of RI~ ~D~ISION of 28.07 acres out ' ' "'"" ' 6f"e '~rao~ of ~2~ acres in the C~ord Bumet~ Sudsy in Brezos C~nty, Texas,,da~ed ,' ,, ['" No%~b~r 2~, 19&7, sub~tted by Alb~t ~X~erdson, SennXe Rtoh~dson end Sam RXoh~on, unde: ,: -.~, ~te of Nov~r ~, 19~; wX~ the dX~Xn~ stXpul~Xon, ho~ver,'that Bmmos Oo~ty she~' ' ,'; -~' not the~by become liable for ~he co~truotXon or ~Xn~nenoe of any,,st~ets or roads. ~ ?i .,,', T~ Court received, occident, sad 6rder~ ~led ~e enn~l eudXt of the , ' , ' ,' of County S~e~Xnt~d~ W. D. B~n~ and,of the eo~on s~ool dXst~cts of.Brews County, .t -j ~ 8~. , ,-, ,- ,. ~, '_ . ~ · . ' ,,-' H~. A. S. ~e. County ~u~e, ~and ~e, Co~ission~s C~, ' , , -- [ "" "1 ' ~ Bm~s C~nty. Texas. : ,~" -.' ~ '. .~ , ' ', :' '' , , " : [ , "," ' I have auti~d ~ooo~ti of ~r~ ~.,D;'Buntin~'C~n{y ~ohool .,.:, ,.,.,?~', ..... .,, .. ,~ ,,, ., ,.. ... ~.),, ..... '.,,,,:./:... ,, .... ,., ,,~,,.. ,. , , i. - .',' ",~ ' i, ':'¥'~.., ~'"." '::- .'~--' "~' ' ,; '": ~' " ~' '" ",~-' "' · ': '-" ' ' ' ' i . f' ~.~- .' - .,' ' ' "~ Jf . '.,", ',:: '.,~ / '1 ."" ' ,:, - ',' i . . ' ''"' -" ,- ' '.'' November 8, 19~8 ._ ~ -- and respeotfull~ submit thi~ report which ia a series of statements receipts, disbursements and b~lanoes in various School Funds and Districts. A total of $1,100.00 of the bonded ind~btednesa of School Districts :' outstanding bonde~ debt st $1~,800o00. RUI~L AID FU~D This fund shows e deficit of $6,1]~.22, by reason of the State failing to pay counties 20~ of the budgeted appropriations. It is generally, assumed that the ne~t ~ession of le~slature will appropriate anou6h money to wipe out this ded'lcit. 0 TRANSPORTATION FUND This fund has a deficit of $26,877.9~. An increase of $~,0~8.99 o~r last year. But, the purshsess of n~v buses for the pest year totaled $1~,J~l.&~, which accounts for the increase of this deficit. The lnvento~ , of school buses reflects e total of $~1,80~.~, after a charge off of ' $20,798.00 as depreciation. Th~s inventory, in my opinion, is very oonservaf, t~a ' end is far below present ~arl~t talus. All the recess and books of the County School Superintendent are neatly s~d wall keep and in e.oellent shape. I cousider the fi~ncisl condition off the Brazes County 3ohool System ia all no.icalS'°'lent ehape ln.y opinion, its sffsirs were adednistered in anhonsst, ess-end businnssoliks .nner. ~es peetfully suh~ittsd, F. ~. VITOPIL F. ~. Vitopil, County Auditor. County, Te, a,. On motion duly seconded end unanimously adopted, the Court approved for payment ~the followi~ items of ezpenae incurred in connection with relocating the store building Hall Brothers Lmber Co~l~ny ................... $169.9~ C.ntr-,-Ts, e. erdw.r.C. n, .......... ' ......... and this motion specified that ,the unexpended balanoe of $162.00 in the fenoing item be applied to the payment of said bills and that the remaining bal"noe of 438.30 ,be paid frO~ the misoellaneous items budgeted in the road and brid~e fUnds. of e bill for $11.20 for concrete d~atna~ pipe into ~ts property fronting State Farm-to- Max~et lti~hwey No. 158 in the Har~y oo~nuhity. After some d~seussion this ~atter ~e re- ' The,Court received and ordered filed the formal contract with the Lone Star Oas Company as heretofore executed by the County Judge in accord-nee with authorizat~on of the Cour~ on October 13. 19J~. This contract provides for an industrial r~te for the Brazes County Courthouse and is as follc~s: ' CONTRACT FOB INDUSTRIAL ~S SERVICE Re6u lar Town PI"st LON~ STAR (lAS C(~?ANY, ~alled "Comp-ny,' a~reas .to sell and deliver gas upon the terms and conditions stated in Ibis contrast to BRAZOS COr~ITY OOUI~ HOUSE, oell~ 'Customer,' ~l~ose mailin~ address is Bryan, Tezse, and Customer a~rees, in aenordan~e ". w~th said terms and conditions, to purchase and reae~ve such gas at Customer's prem- ises located in Brazes County, State of Tezas, and more fully described as: County Cour% Rouse in B~yan. Texas. I. This contract shall be effective as of the date of execution shown hereon and mall cover s~rvioe for a period of one Il) contract year' and from year to year ,',, the reafter; provided that either party may terminate this contract at the -nd of : any contract year by giving written notice to the other party at least fifteen |1~) days prior to the end of any contract year. The first contract year shall ~<~'~,"~'~.~ ,," , :'~; ~;, ~.' '~ ii.-, ,: .£~2,'.UI~ZT, j-7~-~'-V"~- ~;- T~- ~ ~ ~.- ~- ~,. ........... ~-. .......... i aomnence on the data gas ts first delivered to Customer, hereunder and ' , _,.~- . , shall terminate at the end O'f the twelfth 112th) month thereafter. ~' ,~, , ..... / ~, ,,. II. '. · ,,,. . ~, ~,... ,, , ,',, = ~,. Customer shall not use gee under this contract for service other ", ' ' , '' ' .. than that classified by Company as imtustrtalo Customer has elected to ..,, ,, ,' receive and pay for gas under this conl~ect during the first contract · .' . year in accordance with Rata 2 within the attached Schedule of Industrial ~ .,:,, ;,,. Rates which is incorporated herein and made a part of this contract. For ,, , any succeeding contract year Customer may, at his option, and upon written · , ~,: ~ notise to Company of his intent to do ac, elect to receive service under · , , , :;,': this contract et any other rata within the attached Schedule of lndustrial t : . ;" Rates, provided Customer m~kes such election and gives such notice within , ...... :, - .: twenty {20) days after the begin~lng of such contract year. During the ..... tam of this contract the rata selected by Customer shall remain in affect -',. ,. · 7[: until changed by Customer in the manner haredn provided. ~ , -, . ,.:,,,, Bills rendered for gas del.ivered hereunder shall be payable at company's ,; ; ,::..,, nffioe located at Bryan, Texas. > ,,,. j III. At Company's request Customer shall from time to time deposit with · Company such amount of m~ay as Company may determine le reasonably nec- ,, essary to guarantee the payment of gas bills hereunder and ell other bills ) ~' ,, ~ ';, due by Customer to Company. All money nepoalted by ~us~o-,er with Company ~ ,. ,~ shall bear interest et the rata prescribed by law. Interest shall be pay- ,, ~, able annually st Company's office from which bills are rendered under this contract. Upon the termination of this contract, said deposit, plus any I ; accrued interest thereon, less any amount due C~npany by Customer, shell be ~ refunded to Customer. ' Tho gas shall be measured st s single meter location by standard mater or , meters furnished and installed by end at Company's e~pense et a place mutually " ~., agreed upon and, Customer shall provide, in accordance with Company's span- -' ificstions, the necessary service line on Customer's premises to connect with ] i '. Company's main line end suitable space and easement for Company's pips lines i and other aquip.~nt. A separate ccutrsot shall be mede for gas delivered ,~ at each meter location and a separate bill will be computed for gas delivered ~$',' at each such location. Customer shall use due care to protect Company's property ~ '"' ,,, ? which is located on Customer's premises from damage and shall permit no person ,.,- [ , other than an a~nt of Company, or a parson otherwise lawfully authorized, to ..... ' , tamper with, inspect, or remove same. All property belonging to Compar~ and ,-{,~ -] , ,, located on Customer's !oremises shall be removable by Company at any time during '~ .... . the term of this ceatract and withina reasonable time after its termination Or ~ " ' after reasonable notice of Customer's desire to have such property removed, title therete renainin6 in Company at all times. Company shall have full end , = free ingress to and egress from Customer's premises for the construction, in- " " spaotion, mein~ensnoe, repair and removal of Company's property thereon or for , any purpose connected with the service of gsa hereunder. , Meter measurements, computed by Company according to its standard operatln~ ,, -. · practices, shell be conclusive, except where meter ts defective or fells to I ' The quantity of gas delivered while the meter was out of order or failed to ', i ~<3-'' , register shall be determined by correcting the error if the percentage of error "'-" t~,:- is ascertainable by calibration test or mathematical calculation. If not so .~ - ' ' C,~,,; .,- ascertainable, then it shall be determined by estimating the quantity on a basis ... ',: ;.,$;;. of deliveries during preceding periods ,..der similar condition when the meter ) ' ..-. ,: .-, was ragist.ing accurately. No adjustment or correction shall be made for a -- .~:,'" ,~ ', '~J "~ ,'2~,'period longer than ninety {90) days. : ~, ,..' ,. . Customer agrees to keep the gas-burning equipment and appurtenances which · ,- _ 'may be located on the aforesaid premises in good condition and in conformity ', ~.?!:, :] ~ '. with the requirements of any applicable city ordinance, state law, rule, order ,;' ' ,,,, ,.,. ~' ' ,., or regulation of any 6overnmental authority h~ving Jurisdiction and to comply . "~,, v:.~ with all of Company's reasonable rules and regulations. · ,,~ ,. ,~ Oas shall be 'delivered to Customer at Company's operating pressure at the · "' ,'-',. point of delivery The point of delivery of gas to Customer hereunder shall : ,; ,. , ' : ',/ be at the point where the gas first passes from Company's equipment into !I ' ,, Customer, s equipment, at which point the title to and ownership of the gas :' ' ~' shall vest in Customer. Company shall not be liable for any loss, damage or ~, ,~ ;, " injury resulting from the gas or its use after it leaves the aforesaid point , ~.: 't · ' ' of delivery, all risks thereof and therefrom being hereby assumed by Customer. ~ ' " ' ' ' VII. Compan~ ehali have the right at any and all times, with or without notice, ~~l] ,~.,'.., ' to immediately dlsoontimie, in whole or in part, the supply of gas hereunder · , ' · if in the opinion of Conpany a continuation of the supply under this contract ~ WOuld adversely affect, ,leopardize or threaten adequate to Compnny'a :~ '-',' ',, -' ; ~, ,',~ domestis or o~erolal customers or hazard, Jeopard/zs or threaten adequate ~. - .. .,; , , aer~iae to other i~ustrial ~aa customers havl~ priority or service un,er ~'. ' "%': 'f;"' .~' --' ' Company's Ssheeule or In~untrinl Ratea] a~d Customer here~ authorizes Compan~ , .~./1~. '.- ,,,'5 - ,,, ,.~.. , ., :,, ~_ . , ,,- . ... , ~ '" · ' - , _ , _ Novembe~ 8, 19~8 so to do and agrees that Ocmpany shall meve~ be liable in demasea or other- else on a~ount of havtns exes*is.ed ouch rlshts. Oas Mid and mervioe rendered hereunder shall be 8ubJoot to the priority of 8orris, provided in tho S~hedule of Industrial Rates, and Customer asreo8 to 8aleot hereunder the rate uhioh affords pri,ority of service neoessary end boat suited to Customer's psrtloular type of operations. When notif~od by Company. to do 8o, Customer agrees to ourthil or dlsoontinue tho uae of sea hereunder in conformity with the 8ervioo priority provided for In this son- tract and in tho Sohodulo of Industrial Rets8. If Ctmtomer classifies his business and operations a8 being essential' to the-publls health and safety end considers continuity of hi8 fuel 8ervlbe essential to the publio welflere, then he shell provide standby ftml end equipment adequate to meet his fuel roquirements durin~ periods of interruption of ~as service undor thio Con- trsot. Company cannot cud does not ~uarantae a constant supply of ~as here- under. Inability or failure of Company to deliver or Customer to receive or perform this contraot, shell not be the basis of claim- for damages sus- tained by either party or for breac~ of contract when due to Aot of God or ~overnmental authority, the elements, labor troubles, flirss, accidents, break* ego, repair or change ofl or obstruotlons in pipe lines, equipment or machinery, depletion or failure of gas supply, fluctuations in ~as pressure, demendo in excess ofl the capacity ofl Company's equipment, pipe lines, or sources of gas supply, or other causes or contir~encies reasonably beyond the oontrol of either party hereto. F/II. If Customer shell fail topay bills for service within twent~ (20) days from date they are rendered hereunder or shell otherwise default un, er this contract, Company may, w~thout notice, suspend servia, end deliveries of ~as, end sush suspan~[on shall not prevent enfloroeflMnt by Company of any other .fl its legal rights. Waiver by Company .fl s particular deflault here- under shell not be deemed a waiver of subsequent dofsultnwhether similar or dis similar. IX. ThL~oontraot supersedes and eztin~uishes all prior contrasts between tho parties, or their respective predecessors in interest, for gas at tho location end for the purposes herein desi~sted; and eonstitutos the entiro contrast between tho parties. No representation or statement of any repro- sentetive of Company shall be s pert of this oon~raot nor an l~ucement to the execution hereof unless incorporated fully herein. Xe If at any time subsequent to ~snuary 1, 19~$, any new or additional oocupatlon, produoti, on, sales, transaction, prooeeaing or other excise or tax ofl similar nature or equivalent efTeot, or any additional chares, levy or fee of any.bharactor or desoriptlon, insludin8 but not limited to license, lnspe'ctton, frenohise fees or ohargeo, street or alley rentals' or charges which may be levied for any purpose, shell be imposod by any lawful authority upon or in respeot of the produotion, severenoe, transportation or oalo ofl gas to be sold end do].tvared hereunder, then ,Comps. ny may, after 8ivin8 Customer thirty (]0) days* written notloo to suoh effect, oharso and oallect from Customer, in addition to the rates herein 8peolfie~, suoh new or additional tax, levy, flee, cher~e, rental or impost. Upon receipt of notico from Company of any additions in oh~r~e8 to be mede Customer as pro- vided in this paragraph, Customer shall within thirty (~0) days from the date ofl said notioe, have the privilege ofl oanoellin~ this oontraot by girls8 Company fifteen (1~) days* written notios to such eflfeot. If Customer does not exercise suoh privil~o within tho timo herein specified, then Company is orized to charge and oolleot from Customer suo,h additional oharses on eaoh monthly bill. Should Company be prevented or prohibited by law or othorwiso from collectin~ such additioml char~es as conter~pleted in this paragraph, then Company may terminate this contract and service to Customer upon thirty (~0) days' notice. This contract shall be blfldin~ upon Canpany, its 8ueoessor8 and ao~ns, but 8hall not be assignable by Custansr without-the written consent of Company. ~E~ T~E EXECUT~ON HEREOF as ofl tho l~th day of October, 19/~8. LONE STAR GAS COMPANY By P. B. Denning, Jr., Operating Manager, Tit le. Sue tomer: BRAZOS COUNTY COURT HO~E BY: A. 5. Wars Title: County ~udgo Customer's Deposit None Approved L.B,T. Contrast year commences Oot.~,lS&8. ,'~¢,~ : ,. TO ~ HONORABLE C0~IISSI(KER5 COUR~ OF BP~0S OOU~y, ~S: ~ · Wo~ the u~orsl~od o~tlz~s ~nd t~x ~yers of Br~zos ~o~ty, Te~s, res- , '~'~ -peot~l~ show the Court that ~e road l~di~ from Nail Lane, to the ~nter- .'~',' ' esot&on of s~e with h~ey n~ber sta, s~td road be~ des~ate~ es "V&I~ ,?','..'.: ,-Mar~e CutOff", is now a ~rt r~d en~ that dur~ ra~ wea~er same becomes . , ,~ m~ and very u~at&sfao~ry, end th~ sa~ &s e more direct ro~e frs Steep ~.,- ,'. .... Hollow a~ Harvey to the A. & M. Collar, than ~y o~er road syllable. ~, ,' ~re we respet~l~y reque~ thc your honorable oo~t t~ th'is mat~er un~r 2 ~ .... ,,.. ., ,. ~ohn Sodo~k Bryan, TeL, R 3 ~ ' " , , .~ Saab B Baal Bryn, Texas " ,. ~ ,, ,, ~. A. H~ B~, Route 3, Box 28 - ~ .- . -' .~ .. Herbe~ Luza Bryan, Texas "~ ' ' ' ' '~. ' E.U. Peters , Bryan ~ 3~ Te~aa . '~"j.','~? .... ' ~'~-. ,,'".. ~' '~" ' ~ohn S, Bu~anan. ~ B~, Texas '.,  Cat~ ~ne Kurt~ Bryn, Texas .~ ,, /. . / ¢,¢ ,': ..... ~aok ~ones ' B~ya~ Texas / '~"~ i' ' November 5, 19&8 ~ ' ~i,,~ .. '' ":i'" Mr. Charles B. Moehlmn of Bryan appeared before the Court and presented the fo1- , i;:7' ""~" , ' 1~ ' lowln8 petition which was accepted and filed for future study and consideration: .- ~ ,. ~. ,~, . "Bryan, Tsxaa, Ootober It~, November 8, 19~8 ' 3o~ O, Connor O. A. H~tefleld Bryan, Texas ~' W. ~. Zak, Sr. Bryan,'Tex. ~a~ O. Fart B~an, TeL Mrs. ~, O. Fer~ Bryan, Te~s Roser Collar te B~ an Mrs. ~ohn S. ~tl~ B~en ,. Lee Putz City B~an ~a~b Boriskie ' Bryn, Te~ Vinoent ~. Luza Box 27, B~an Texan ~rs. 0t~ B~ ~ 11~ N. Ta~r, Bryan, Te~o ~ ~.', ' Lee Bo~n~i Bryan, Tea B.E.You~blood B~an, TeL ' '' Ben E. Yo~8~o~, ~. Bryan, Tax. Cutis R. Hol~nd 805 O~ St., Bryan, Tez. Offlo~ repo~ was ~de to ~e Cou~ of the des~motion by f~re of b~dge on the D~t-Crmsln6 p~lio roa~ tn Pre~not No. 2, and It was fu~her offio- ~11, detemi,ed that ~e des,~o, ion of this b~dga of ap~oxi,,ely ,8 f~t lefl~h ~let~y a~pped ~rafrlc. ~ermpon the ~o~t ~o~ly voted ~o re~ld bridge ~at~y and for ~is p~p~a allooat~ not Co exoeed $)~.00 from the Genial for ~e p~ase of the requ~ mter~la and then spec~i~ ~ ~1 medad lair '. be furn~hed by the s~eral pre~nots In e~al ~oportions. Upon mo~ion duly seoonded and um~momly adopt~, it was voted to all bills ~Y ~ve be~ ~o~rly filed a~ ap~ and for wh~h budgeted ~n~ are available. ~rmpon ~he Court ~oeeded to o~vass the offiolal returns from ~a Oene~ Eleo~on ~ld ~out Brazen County on Tuead~, N~ember 2, 19~, ~d u~n oompletion o~vass of said re~s, of~otally fo~d and d~l~ed ~e results ther~f ~d o~ded said returns In Vol~e 'C~ of the E~o~on Re~ms of Brazes Cowry, Te~a. W~r~ponthe Co~t a~o~ned.