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HomeMy WebLinkAbout1955-09-14-0830AM-Special, , • - •439 Thereupon Cosniesioner Burlin made a motion that the County Attorney be asked for a formal 4 r opinion as to detail method of submitting and approving all county pay rolls. This motion was duly t' seconded and adopted without opposition. i 'On motion by Commissioner Burlin, duly seconded and adopted without opposition, the Court { , voted to ask the County Attorney for an official ruling,as to the relationships which are barred _ under the State nepotism laws. i~ On motion duly seconded and unanimously adopted, the Court voted to pay all bills which have been properly filed and approved for which budgeted funds are available. ; THEN CAME County Treasurer B. V. Elkins and delivered in open Court the originals of the following described Bresos County Bonds which had theretofore been paid off and retired and which L O' E were pronounced to be ready for destruction and official retirement from the outstanding indebtedness of the Countys i` NAM OF BONDS LSSUEDs' NUMBERS AMOUNTS Series "A" 1935. . . . . . .April 10, 1935 . . . . . .116 to 139 inclusive 24 bonds totaling $24,000.00 3 Series "1928". . . . . . . . . .February 15, 1928. . .28 to 31 inclusive 4 bonds totaling. . . 4,000.00 L Series "C" . . . . . . . . . . . . October 10, 1929 . . . .96 to 110 inclusive 15 bonds tootling .15,000.00 f , Series "E" . . . . . . . . . . . . .August 15, 1930 • . . . . . .101 to 110 inclusive 10 bonds totaling. 100000.00 q • TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .353,000.00. 3 t Whereupon the said bonds as desi y 1;' pun giatod above and of the total amount of $539000.00 were burned and completely destroyed in open Court and thus formally cancelled and retired. ~ fi Whereupon the Court adjourned. - Speeial'Meet_g September lh. 955 ' A special attesting of the Commissioners' Court of Brazos County, Texas, was held in the office of the Canty Judge in the Courthouse of Bryan, Texas, beginning at St30 a.a. on Wednesday, 1 Septmber 14s 1955, with the following presents 1 © A. S. Wars, County Judges presiding] " .t Raymond A. Bolan, Commissioner of Precinct Number lj w, George Dunn, Commissioner of Precinct Number 21 and O Newton Burlin, Commissioner of Preeiaot Bunber 4. Cosmissioner Nolan reported that Mrs. Jeoale Janes and the J. J. Jones heirs had refused to go along with the former decision of Mrs. Jones to sign the easement for right-of-way for the net location of State Farm4*4Wtiet Highway No. 2154 from College Station to Wellborn as said right-of-W traverses their land io,tbe Crawford Burnett`Survq, Abstract go. 79 } _ ~tgg - Motion was wade by Commissioner Dona that the Cooaty ALtoraev be .instructed to filr' condemnation proceedings for the acquisition of the•eequired land from the J. J. Jonss Estate. This motion was seconded by Commissioner,Nolan and adopted by the affirmative votes of Casmissicsers Dmm and Nolan and County Judge Wares with Commissioner Harlin voting "Present" r,r Whereupon the court ad5oua►ed. r t 440 r ?i Nbe foregoing minutes, hOOMiag on Page 436 and concluded above, wN examined and approved in Court an this the 10th day of October 1955. F j ~ lg . Ware) A.. ( ( Is2i;nsr orter eld" County Judge Commissioner of Precinct 1 Precinct 3 AAnnM~ ATTEST (CsorgO ) (yam') Commissioner of Precinct 2 Commissioner Precinct 4 • `iba( C (A. S. Sypt County C1 Renalar MeetiaR. October lAOotober 19' the Commissicnere Court of Brazos County, Texas, met in regular session in the office of the t~ County Judge is the Courthouse of, Bryan, Texas, beginning at 10:00 a.m. on Monday, October 10, 1955, with the following present: A. S. Wan, County Judge presiding= Raymond A. Nolan,, Commissioner of Precinct Number 11 ' George Atm, Commissioner of Precinct Number 21 Clyde J. Porterfield, Commissioner of Precinct Numbea~ 31 Newton Berlin, Commissioner of Precinct Number 41 and - f I A. B. Syptak, County Clerk. The Court-received, approved, end ordered filed as submitted the following reports: Brazos County Health Unit by Dr. S. S. Freemen, Director, for the month of August, 1955 Brazos County Welfare Board by W. D. Barley, ' Chairman, for the month of September, 1955 W. D. Burley, County Veterans Service Officer, for the month of September, 1955 Fannie J. Taylor, Brazos County Negro Home Demonstration Agent, for the month of September, l j E. Oe Pace, Negro County Agricultural Agent, • for the month of September 1955 , r ~ ~ q W. M. Bimbrough, County Agricultural Agent, for ,,,,i,, , ; the months of August and September, 1955 I t B. W. Burgess, Assistant County Agent, for the - - - I < ~ months of August and September 1955 1 A Mies Emily Ritter, County Home Demonstration Agent, for'the months of August and September, 195$. fie Court received, considered andepproved the following reports from county and precinct S officers showing official fees of office collected and remitted to the County Ttsaaarsi aeoaading to duplicate copies'of Treasurer's official receipts attached thereto: . 'i A. 8. Ware, County Judge . . . . . . . . . . . . . 50.50 A. B. Syptak, County Clerk . . . . . . . . . . . . . . . . . . .1,329.50 ~o J. W. Hmtllton, Sheriff. 534.30 i ! John M. Barron, County Attorney For the month of August . . . . 541.70 for the month of September . . . . . . . . . . . . . . 852.00 F. T. Cole, Clerk of the District Court. . . . . . . . . . 788.65 Ji ' ~T 441 0 tuber 10, 1955 _ t H. L. Graham, Justice of Peace of Precinct No. 4, Place No. lj Fees collected and remitted to Brazos County. : . 568.05 Fees to be paid by County for 65 cases at $4.00 each.-. 260.00 • B. W. Bobbitt, Justice of Peace cf Precinct Vo. 4, Place No. 2j Fees collected and remitted to Brazos County. . . . . . . . 138.95 { Fees to be paid by County for 15 cases at $4.00 each. . . . . ; 60.00 ; • € t Virgil Estill, Constable of Precinct No. 43 Fees collected and remitted to Brazos- County. . . . . 13.10. In accordance with the authorisation given on September 12, 1955, the Court approved and ratified the new contract between the county and the Brazos County Agricultural Conservation Service according 1 O to the following formal agreements - _ "UNITED STATES DEPARTMENT OF AGRICULTURE tJ Agricultural Conservation Program Service • d: ! 1~•', - . AGREEFSFNT TO PARTICIPATE W THE FURNISHING OF CONSERVATION MATERIALS AND SERVICES UNDER THE t tt , PURCHASE ORDER PLAN ,r If To Chairman Brazos County Committee Box 706, Bryan, Texas Sirs I, sometimes referred to herein as the vendor, desire to participate in the fu i h rn s ing under purchase orders of approved conservation materials en(Vor j services to farmers in the county for their use in carrying out practices under the Agricultural Conservation Program and hereby request approval 6; a as an eligible vendor for such purposes. The following information is ' supplied for your guidance in considering shy applications i V Brazos County (Nano of Finn) Bryan, Texas _ L f ' The following are the principal owners of the firms ? Raymond A. Nolan, Commissioner, Precinct No. 1, Wellborn Texas , George Dunn, Commissioner, Precinct No. 2, Wheelock, Texas 4 1 Clyde J. Porterfield, Commissioner, Precinct No. 3, Rt. 1, Benchley, Texas ' t: t Newton Berlin, Commissioner, Precinct No. 4, Bryan, Texas F A In consideration of the approval of this application the vendor represents and agrees as followet 1 That he will acquaint himself with the regulations and inetruations issued by the applicable State and county committees x for the furnishing of materials and services under purchase orders and he will act only in conformity therewith. 2 That no employees of this firm, except as disclosed j herein, receives anty,romuneration as an employee of the Federal Gover.- ment or as State, county, or community committeemen or employees of the county committee. 3 That he will not seek to secure any advantage or pro- ferred consideration in the obtaining or purchase orders by the offer J of or the giving of any valuable consideration to any officer or employes of the State or county office or any other Government employeo. 4. That, upon request of a duly authorized representative of the US Department of Agriculture to examine pertinent records of the ' ` J firm, he will permit such examination of all such records and will main- r tain adequate records to permit verification of purchase order trans- v l actions. 5 That he will not assign to a bank, trust comparW, Federal lending agency, or other recognized lending institution, any ' amount payable for materials or services delivered on a purchase order: B In connection with the filling of purchase orders the vendor fu th r 7 • &Maot L r e 6 That he will furnish under purchase orders only ' materials and services which meet the specifications set out on such purchase orders, and that he will comply with all Federal and State rr . laws governing the sale and distribution of the material or service T f i h d ~A J so urn s e pursuant to: such purchase orders. t t~ _ t4', t it 'jl4' - 1 t• t.. - ` • 'I , • ' I ..w `•'i•'~Lnl ; ' i.r•-. - • 1~ 1 ' - X ' ` I•V • f` , i ~ } k• I - i l _ , - . s , k. } , r . . r , : 1 r , , L - ` 442 7 . mat title to any material or service farmishad to fanasrs Under. purchase orders shall vest in the Agricultural. Conserva tion Program Service.and the vendor shall not exact from the farmer to , whom such material or service is furnished any conditional sales con= tract or other,agresmsnt having the effect of retention of title or right of repossession in the vendor. a That he will deliver the material or service specified in each purchase order to the person who is named therein or his authorised agent, and to no other. 9 That he will not collect-from the farmer any amount for furnishing the material or service in excess of the sum specified an the purchase order, if a maximum fair price is applicable, and that if a lesser quantity or grade is furnished than authorized on the purchase order he will refer the purchase order to the county office for a determina- tion of the payment to be made by the farmer and the Government for such material or service. lA That he will not request or permit the farmer to receipt for the material or service authorized to be furnished on the purchase order before actual physical delivery thereof in entirety to the farmer or his authorized agent is completed. 11 That he will not affix or permit any one other than the farmer or his authorized representative to affix the signature of the farmer on the purchase order or other fora or statement evidencing receipt of the material or service. 12 That he will not permit or contribute to the substitution of any other material or service in lieu of that specified on such purchase order. IIII 13 That he will not deliver any lesser quantity or quality of material or service than authorised on a purchase order in order to t permit the farmer thereby to reduce his contribution.' 14 That he will not request or accept a purchase order + issued to cover a material or service which was furnished to the farmer hi j , n or s representative prior to the date of issuance of such purchase order. 15 That he will not deliver the material or service after the final date specified on the purchase order for completion of delivery. • 16 That in the delivery of materials and services authorized on a purchase order he will not deliver material or service of an in- ferior quality or deliver lose than authorized thereon and claim payment for the greater quantity or quality authorized to be furnished on such purchase order. It is understood that should a lesser quality or quality- be delivered than is authorized on the purchase order, the vendor will enter the actual quantity and quality delivered and refer the purchase order to the county office for correction in the payment by the farmer and Government. It is further understood that if it is found that a lesser grade of material or service is furnished than authorised on the purchase de h , or r, suc material or service may be rejected and the vendor shall not 1 be entitled to payment therefor by the Government. At the option of the State committee such materials or services may be accepted and payment + > made therefor subject to a deduction equal to the difference between the fair if applicable, price, or the going commercial rice if a f i i p , a r pr ce is not applicable, of the'material or service of the quality specified and the value of the material or service furnished. ¢ Where it is determined by the State Committee that the purchase order was f fi wilfully misused, any material or service authorized on the purchase ardor may be rejected and the vendor shall not be entitled to payment therefor by the Government; provided, that where it is accepted, the credit to which' O ( } the vendor is entitled from the Government shall not exceed the amount of the Government's share of the coat of such materials or services accepted by the Government under the purchase order. In no case will payment be made fora material or service furnished on purchase order whi h d , c oes not meet the minimum specifications for carrying out the practice as not out in the State program handbook. 4 ax _ It is understood and agreed that in the event the vendor gall wilfully, use any purchase order contrary to the foregoing, the actual damage to the Government for such misuse will be impossible to determine, particularly since the vendor is also furnishing materials and services on other pur- chase orders which could also have been misused, the vendor is lieu of ' actual damages shall be liable to the Government for fixed, agreed, and liquidated damages in the amount of the fair price, if one is applicable 1 y ¢ or the going commercial price, if a fair price is not applicable, of the 1 total quantity of the material or service authorized to be furnished on vl _ each purchase order misused, and the vendor shall pay the amount thereof. S uch damages shall be assessed and collected by the State committee only l 7,- after the vendor has been given an opportunity to be heard by the com- mittee and to present such facts as may explain the circumstances d , an the decision of the State Committee as to whether therm was a misuse and b = }j whther it was wilful shall be final and conclusive. It is understood th t t a he assessment and collection of liquidated damages shall in no way bar s {1 or mitigate any other remedies the Government may have for breach of any i other provisions of this agreement or for any violations of the Federal statut es. 77 - -V d v o~ 1 d' i +4• 4 i I • It is !lather understood that if the vendor intentionally misuses pur- chase orders wntrary to the foregoing, the State committee may declare hi i li ib m ne g le to fill purchase orders for a specified period, the period to be determined by the nature and gravity of the unauthorized or otherwise improper activities to which he was a party. y~l No member of or delegate to Congress, or resident commissioner, shall be ' f admitted to any share or part of this agreement, or to any benefit that may arias therefromt but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. MA7AS COUNTY, TEIAS, Byt /S/ A. S. Ware September 12, 1955. .i; County Judge v y Approved /S/ H. P. Danaby, Jr. September 14, 1955. For County Committee" ` The Court ratified and approved the action of County Attorney John M. Barron in appointing David Brooks Cofer, Jr.,as Assistant County Attorney of Brazos County on September 22, 1955, and the action of the County Judge on that date`in administering the official oath to Mr. Cofer and confirming the said appointment on behalf of the Commissionerst Court, according to the followings "THE STATE OF TEIIAS d It COUNTY OF BRAZOS 0 ; I, John M. Barron, duly elected and qualified County Attorney of Brazos County, Texas, having taken office prior to the below appointment, on January 1, 1955, the created Assistant County Attorney's position herein being vacant, as of August 25, 1955, do hereby name and appoint DAVID BROOKS COFER, JR., Attorney at Law of Brazos County, Texas, Assistant County Attorney of Brazos County, Texas, with the powers, authority and duties prescribed by law, particularly Article 331, Vernon's Annotated Civil Statutes of Texas, and the authority granted me, the C ' ommieeioners Court of Brazos County, Texas, having heretofore consented and ' authorized said appointment, and as shown by endorsement hereon below, and said } - Assistant County Attorney'shall be required to take the official oath which shall be indorsed upon this appointment, and this appointment and said oath shall be recorded and deposited in the office of the County Clerk of Brazos County, Texas, as • required by law. . Witness my hand this 22nd day of September, 1955. /S/ John M. Barron County Attorney, Brazos County, Texas. O A T H I. David Brooke Cofer, Jr., do solemly swear that I will faithfully and i i l mpart a ly discharge and perform all the duties incumbent upon me as Assistant County Attorney of Brazos County, Texas, according to the beet of my skill and bili a ty, and I further solemnly wear that I have not directly or indirectly, paid, ' offered or promised to pay, contributed nor promised to contribute, any money i or valuable thing, or promised any public office or employment, as a reward or inducement to secure my appointment, so help me Cod. /S/ David Brooks Cofer, Jre SWORN TO AND SUBSCRIBED BEFORE ME thi 2 • s 2 nd day of September, 1955 /S/ A. S. Ware County Judge, Brazos County, Texas. r' Approved and confirmed on this 22nd day of September, 1955, and subscribed for and on behalf of the Commissioners' Court of Brazos County, Texas, and under the direction•of said Court. /S/ A. S. Ware C J t d B " oun y u ge, razos County, Texas. The Court received, approved, and ratified-the payment of the•ibllowing statement of acoonat _ submitted by Caudill, Howlett, Scott', and Associates, Architects and Engineers on the Brains County Courthouse-Jail project, for supervisor, services to'September 1, 19551 } . ' ` 1 - ,1 , ` ~ ~ • . ' 1 t r ^ t • ` • l L{, . 4. J.,}'t L .`6 ' I', Y - ~ t't 443 .n t•W= /)J 1 • . 4f 1 , 444 _ t q t~ , Or•_~.ber 10. 1955 •P •Caudill, Rowlett Scott and Associates tr,; 425 South Hain, Bryan, Texas U September 55 Brsti a County, Bryan,, Texas Attentions Honorable A. S. Mare, County Judge For Architectnal Servicess Dw*rvision ArRaos CountsCounts Ceurthon Previous Payments Plans and Specifications $47011.90 Supervision 9.al5.3O Total Previous'Payments Amount Paid Contractor as per Periodical Payment No. U of September 1, 1955 .=58,697.89 1-3/476 of $58,697.89 for Supervision. . . . . . .$1,027:21 i ' AMOUNT DUE THIS STAnKW . . . . . . . . . . . .$1.O27.xle 2bs Cossrt ratified and approved the action of Commissioner Nolan In negotiating a settlessat and securing a tonal release from the Edward V. Hrdlicka Estate and 7irolcssyk and SlamWU fbr all damages caused by the relooatim a of the buildings and other improvements incident to the widening of the right-of-voy ibr construction of State Farm-to-Market Highway No. 2151, frc& College Station to Wellborn, according to written instrument dated September 16, 1955, and now being recorded in the Release Records of Branco County in the office of the County Clerk. the County Judgelaid before the Court the following communication from George E. Mallard of Bryan, in his capacity as President of the Brazos County Association of Laurance Agentes "Brazos County Association of Insurance Agents P. 0. Box 18, Bryan, Taxes September 22, 1955 Judge A. S. Ware Canty Judge Bryan, Texas Dear Judges Supplementing previous conversations 'in your office with members of the Brazos County Association of Insurance Agents, this letter is being written to outline the plane which the Association has made for the placement of Insurance on Municipal properties. The Association has selected the Agency of George Mallard to write all of the business for'Brazos County. This Agency will receive all of the premiums and will in turn distribute commissions as earned after retaining 15% of the commission as a service fee. The formula for distributing the remaining commissions to other members of the Association will be the same as is currently employed by the Bryan Public Schools. This plan calls for one- third of the commissions-to be divided equally among the members of the Aesoolationy one-third of the eomraioeions to be broken down on the amount of county taxes paid by the owners of the member agencieej and one-third of the commissions to be paid in accordance with the number of employees in each Agency. The selection of the Mallard Agency for the handling of this was made,by a vote of the members of the local Association. In this r vote, they also selected the Franke-Vincent Agency to write the Bryan Public School business, and the J. A. Williams and Sons A -',r • Agency to write the City of Bryan and R. E. A. business. , " If you so desire the Association would like to make a study of the insurance exposures and insurance policies which are and will be carried by Brazos County. We believe that this program of allowing the Association to handle - the insurance of the political subdivisions of this area will eliminate much time-taking detail from the administrative heads of the local governments. We are pleased to be of any service the Association can offer in this respect. Yours very truly, /S/ George 4-'M4Lllard, President ' - O O r} -.0 C F S i r i I t tt - 1 P ti (r i . t . :445 jr After discussion, is was agreed that the Court would abide by the request of the associated agents when the time comes for the placing of insurance-on the new Brazos County Courthouse-Sail plant e f now under construction. 4 ' On motion duly seconded and unanimously adopted, it was voted to pay all bills which have been properly filed and approved and for which budgeted funds are available. Whersupon•the Court adjourned. October 25. 1955 ' A special meeting of the Commissioners' Court was held in the office of the County Judge in " the Courthouse of Bryan, Texas, beginning at 8:30 a.m. on Tuesday, October 25, 1955, with the following 1 ' presents / A. S. Ware, County Judge, presiding; fr Raymond A. Nolan, Commissioner of Precinct Number 1; George Dunn, Commissioner of Precinct Number 2; Clyde J. Porterfield Commissioner of Precinct Number 3; and Newton Burlin, Commissioner of Precinct Number 4. On motion duly seconded and unanimously adopted, for and on behalf of'Precinct No..l, the i r Court voted to purchase the following described equipment from the Mustang Tractor and Equipment Company of Houston at the price and terms specified below: One new Caterpillar Tractorvator, Model 955,'60 gauge, i k r Series "C", with 11 yard bucket on shovel, equipped y with electric starter and rain trap, all complete and j:. f delivered at Brazos County Shop near Bryan for. . . . .$14,017.26 r Lose trade-in allowance for one used Allis-Chalmers j shovel, H.D.5G, Serial No. 9428, with tractomotive, i Model T55. Serial No. 3549. 2.767.26 a Balance and net amount to be paid . . . . . . . . . . . . .$11,250.00. i This transaction is for the benefit of Precinct No. 1 of which Hayymond A. Nolan is Commissioner and $1,000.00 of the net purchase price is to be paid from the Terracing Account of that precinct upon delivery of the newly purchased machine and the balance of $10,250.00 is to be paid from the machinery and equipment found to be allocated to Precinct No. 1 after January 1, 1956. 'r Whereupon the Court adjourned. The foregoing minutes, beginning on Page 440 and concluded above, were eammined and approved in open Court on this the 14th day of November, 1955. 1 qt; Ware) George (Newton Burlin) Judge Commissioner of Precinct 2 Commissioner of Preo.4 Q / l%v`tii 4o-j ,E ymg d A. Nolan) (Clyde J. Porterfield) A T T S T i i Cosamiesioner of Precinct 1 Commissioner of Precinct 3 (A. tak~ t G County erk t ,i- t t 3 ,l . i_ r t :t• 1 l j ' , ` w , i it t ` J, 7 ' %