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former buildings and structures on Taplin's newly reghired landl and that it wn2d be
advantageous to the County to ,
Pay off the online indebtedness is liquidation of ,the eledm of '
Howell Lumber Campeny. 'Whereupon a motion Was made,. dully seconded and adopted, by t hieh the
Ell
Carrt voted to make such settlement of the Howell Lumber Company claim, conditioned upon'
prior approval and legal opinion by County Attorney John X. Barron. t •
On motion d¢ly seconded and unanimously adopted, the Court voted to pay all bills
which have been properly tiled and approved and for which budgeted funds are available.
Whereupon, the Court adjourned.
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Social lfeetinR -July 19. 1956.
A special meeting of the Commissioners' Court was held in the office of the
County Judge 1n Uwe Courthouse at Bryan, Texas, beginning at 1100 a. m., on Friday,
July 13,'1956, with the following present:
A. S. Ware, County Judge, presidingl
Raymond A. Nolan, Commissioner of Precinct Humber 11 '
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George Duna, Cowsaissloner of Precinct Number 21 Clyde J. Porterfield, Commissioner of Precinct Number 31
Newton Burlin, Comnissimer of Precinct Nuaber 4; and
A. B. Syptak, County Cleric.
This special meeting was held after the five members of the Court, and Mssars,
Wall, Scott, Brawley King and William K. Pena of the architectural firm'ad Caudill,
s RouUtt, Scott & Associates of Bryan, and Mr. A. P. Kasoh, representing the oontractird , , •
t firth of A. P. Kasch and Son of Big Spring, Tema, had made a careful and r
oamlhleb imlweatlm
t of the new courthouse plant and fail. This inspection covered minute detai2a, included {
r the entire plant, and required two hours time, beginning at 9x00 o'clock a. m. an this dab.
t Based upon this inspection and the recommendation of the architects and with the
consent of Hr. A. P. Mach, the Court voted unanimously to accept the entire plant, subject t
to the completion by the contractor of the specifications enumerated by the architects and
agreed upon b 20
y !!r. Kaschl all as 18 more fully set , - y t
up and described in Estimate No.
cal for the
ling present payment of Forty Thousand Dollars ($40,000.00) and the retention of ` ~
Six Thousand Five Hundred Dollars ($6,500.00) (plus $120.00 to be covered by Change Order No. 1
9) and wthich said original Estimate No. 20 is attached hereto:
Mr. Kasch stated that his firm would carry all insurance an the now plant until
'E August 1, 1956, which proposition was gratefully accepted by the Cart.
On motion duly seconded and unanimously adopted, the Court voted to take orer and ®
r • assume responsibility for all utilities from and after July 15, 1956.
Whereupon the Court adjourned. ,
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July 23, 1956
509
Special Meeting - July 23. 1956,
A special meeting of the Commiesianerse Court was held in the offioe of the County Judge
i_ in the Courthouse at Bryan, Texas, beginning at lOs0o a* m. an Mond J
, ry, ay 23, 1956, with the
• r ~ fallariag presents
A. S. Ware, County Judge, presiding;
Raymond A. Nolan, CommLisioner of Precinct Number 1;
r
George Diann, Commissioner of Precinct Number 2;
Clyde J. Porterfield, Commissioner of Precinct Number 3;
Newton Burlin, Commissioner of Precinct Number 4; and
A. Be Syptak, County Clerk.
The purpose of this special meeting was to receive and consider bids for the landscaping
and beautification of the Braioe County Courthouse grounds in accordance with public advertisement
h; therefor authorised an July 2, 1956.
Accordingly, the Court received and considered the following bids, %hich were tabulated
and studiout
Planting
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°C"
RC 20
Ornamental &
I
Lawn
Lawn ,
Alt.
Shade Trees,
,
AN
Sprinkler
Grass
Supply
Shrubs and
Bidder Sarthw
o rk System
9_oddinR
Line
Ground Cover
Total
Tharp Sprinkler Company,;
2005 Hackney Street,
Houston, Teams. z
, . -$3,565.00.
z
$308.00,
- z
$3,873.00
'-Houston Sprinkler Service,
4201 Lehigh,
• '
Houston, Texas. z
W E. Kutssschbach Compaq,
3,875.00.
z
275.00
-
z
4,150.00
1410 Cavitt Dr.,
Bryan, Texas. z
zi 4,169.00,
z
455.00
z
4,624.00
Stanley Equipment Compesy, }
Mn 1S
Hain
.
,
Bryan, Texas. X 4,695.00 z 270.00 z 4,965.00
K. E. Womack,
4501 Lone Oak Street,
Houston, Texas. •2,171.00 z 833.16: z 3,291.58 6,295.74
~
Green Acres Nursery,
•
Katy, Texas. z z 691.00 z 5,389.52 6,080.52
Tropic Landscape Nursery, Inc.,
5710 Richmond Rd.,
y
Bellaire, Taxes. 2,420.00 z 600.00 z 5,247.70 8,267.70
(
Ridlehuber & Neal,
Box 1054,
Bryan, Texas. X z 898.50 z 7,498.80 8,397.30
Hardison Landscape Co.,
P. 01 Box 3057,
Bellaire, Texas. 3,358.95 z 760.00 z 7,329.00 11,447.95•
It having been found and declared that the lowest and best bid for the sprinkler system
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for the courthouse grounds was that of $3,873.00 submitted by Tharp Sprinkler Company of 2005 Hackney
4
i Street, Houston, Texas. Whereupon a motion was made, duly seconded and unanimously adopted, the
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Court accepted the bid submitted by the gharpe Sprinkler Company, and awarded the contract to that
fine for the installation of the sprinkler ®etem for the courthouse grounds, at a total of $3,873.00,
Aiah bid ie in full as follows ~
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'FOId[ OF PROPOSAL
A. LAW SPRII>11Q.IIt SYSTEM
(1) Furnish all materials, labor, equipment and
appurtenances necessary for installing an under-
ground lawn sprinkler system, complete in place
in accordance with the plane and specifications.
UNIT PRICE
per Sprinkler Head Thirty two DpLtw842.pp
LUMP SUM PRICE Three thousand five hundred sixty rive DOLLARS 53.565.00
(2) ALTERNATE SUPPLY LIN;t
Furnish all materiala, labor, equipment and
appurtenances necessary for installation of
a 24 diameter supply pipe line, complete with
connection to existing 44 supply main and with
214 braes angle control valve in lieu of the
~4 control valve shown on the plan and 24
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braes gate valve off 44 supply line as shown.
LUMP SUM PRICE, ADD Three hundred and eiaht DOLLARS $308.00
Tharp Sprinkler Comparyyo
Qaneddering further the matter of the earth work, lawn grass sodding, and the
Planting of ornamental and shade trees, shrubs and ground cover, it was fond and declared
by the Court that the beat and lowest-oombinedbid for these items was $60295.740 submitted
by K. Be Womack, of 4501 Lane Oak Street, Houston, Texas. Ldrereupon on motion duly esoonded'
ad unanimously adopted, the Court voted to award the contract for this work to the said
K. E. Womack upon hie combined bid of $6,295.74, which is in gill as follower
4FOJ01 OF PROPOSAL
A. EARTHWORK
(1) Furnish all labor, equipment and appurtenances necessary for excavating,
removal and disposal of existing soil from areas to be nodded in lam
grasses, as designed on the plane and called for in the specifications,
to a depth of two (2) inches.
UNIT PRICE
per Cubic Yard TWO - DOL.IARS DOL.IARS -$LOO
LUMP SUM PRICE TWO HUNDRED & NINTY SIX DOLLUM 296.00
(2) Furnish all material, labor, equipment and appurtenances
necessary for top-soil surfacing and tilLirg of top-noil
into sub-soil surface of all excavated areas to be
sodded in Lawn Grasses to a depth of two (2) inches to
the finish grades called for on the plans and as
stipulated in the specifications.
UNIT PRICE
per Cubic Yard TWO DOLLARS & FIFTY CENTS DOLLARS - $ 2.50
LUMP SUM PRICB THREE HUNDRED & SEVENTY DOLLARS 370.22
(3) Furnish all labor, equipment and 4ppurtenancss
necessary to excavating, removal and disposal of
existing soil from areas to be planted in ground
cover to a depth of four (4) inches.
UNIT PRICE
per Cubic Yard TWO DOLLARS & TWENTY FIVE CENTS DOLLARS - $ 2.25
LUMP SUM PRICE FOUR HUNDRED & FIVE DOLLARS DOLIJUM $ f'`
(4) Furnish all materials labor,
r equipment and -
appurtenances necessary to mix, deposit and till
into existing subsoil prepared planting soil as
called for on the plans and in the specifications
to a loose depth of four (4) inches.
UNIT PRICE
per Cubic Yard FIVE
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DOLLARS & FIFTY CENTS DOLLARS - # _LEO
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IdRIP SUM PRICE ELEVEN HUNDRED DOLLARS DOLLARS
TOTAL LUMP SILT! FOR ALL EARTHWORK '
$2
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FORM OF PROPOSAL
C. LAVIN GRASS SODDING
(1) Furnish all materials, labor, equipment and
appurtenances necessary for sodding all
designated ]awn areas in St. Augustine grass,
including lawn fertilization as called for on
the plans and in the specifications.
UNIT PRICE
' :.f;
per Square Foot WEE & SIX TENTHS CENTS DOLLIES - U AIL
LAMP SUM PRICE EIGHT HUNDRED & THIRTY THREE DOLLARS & 16/100 DOLLARS $ 833.16
FORM OF PROPOSAL
D. PLANTING ORNP14MTAL AND SHADE TREES SHRUBS
AND GROUND COVER.
(1) Furnish all plant material, equipmrt, labor _
i - and appurtenances required for the planting of
ornamental and shade trees, shrubs and grand
cover in the quantities and in accordance with
c; r the planting schedule shown on the plans and
i as called for in the specifications.
I~ UNIT PRICE per
each Live Oak Tree ONE HUNDRED EIGHTY DOLLARS DOLLARS -118000
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LUMP SUM PRICE
all planting THR1 THOUSALID. TNA HUNDRED NINTY ONE DOLLARS & FIFTY IIGHR CENTS $$.o
County Judge was authorized to sign formal contracts far the items oontracted.
Nhereupon the Court adjourned.
Special Meeting - July 25. 1956.
A special meeting of the Commissioners@ Court was held in the office of the County
Judge in the Courthouse at Bryan, Texas, beginning at 900 a. m., on Wednesday, July 25, 1956,
idth the following presents
A. S. Ware, County Judge, presiding;
Raymond A. Nolan, Commissioner of Precinct Number 1;
George Dunn, Commissioner of Precinct Number 2;
Clyde J. Porterfield, Cammdssioner of Precinct Number 3; and
Newton Burlin, Commissioner of Precinct Number 4.
County Judge Ware laid before the Court the following legal opinion from County Attorney
..John He Barron, submitted in accordance with action of the Court of July 9, 1956:
y ■THE OOUNTY ATTORNEY
_ , , , „ : - , TE7(AS . .
JOHN M. BARRON BRYAN DAVIS CLWlLT
County Attorney Assistant County Attorney
July 23, 1956
Commissioners Court,
Brazos County, Tax",
Bryan, Texas. Claim of Howell Liner Company, lienholder
on Taplin property
Gent lumen t
Pursuant to your request, I give you the fallowing opinion:
It is my understanding that a part of the Lewis Taplin place has been'
deeded to Brazos County for right-of-way purposes, and that Howell Umber Compagy
has a valid mechanic's lien on such properly in the eum of $2588.20, and that
the value of the security has been destroyed, lees some possible salvage value.
It is a wall-established rule of law that a lien holder is entitled to
recover damages by reason of the destruction or damage to his security, both in
cases of this kind and in condemnation suits. Panhandle & S. F. By Op. ve.
} W1 ne (Giv. App. 19421 161 3N(2d) 501, Writ of F.rror Refused.
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i111111, Thie rule applies ~y to valid, recorded liens a>nd does not apply to
one merelyy holding an open account or unsecured claim against the landowner,
thus, any claim made by such a person is not valid, in ny opinion so far as the
County's liability in concerned.
t' The lien holder in this case, Howell. Lumber Company, ie'entitled to
•c whatever damage the security has been subjected to by the county, up to the
maximum of his lien, incurred in good faith and without notice of the proposed
action of Brazos County.
t0 ,
woes, Market value is usually arrived at by consideration of the amount of
f money required to build a structure, time, labor etc. necessary in its con-
struction. Therefore, if Howell Lumber Company has actually put that much lumber
and material in the building, it would be a simple matter to establish its lose
at that figure.
r;
rt It is, therefore, say opinion that Taplini, his wife, and any recorded
r. lienholder, to-wit: Howell Lumber Company, have claims in an amount equal to
the diminished value of the structure, and since Taplin and wife have been
satisfied the same belongs to the lumber company. The question as to the amount
of the lien is to be measured by the good faith advance of onterials and the
reasonable charges made therefor.
It is farther my opinion that unsecured claims and open accounts
t incurredin connection with the building of this structure, are not proper
claims against the county.
very truly yours,
~a
` /s/ Jno M. Barron
County Attorrney.o
After discussion and upon motion duly seconded and adopted, the Court voted to pay the
Taplin-Howell Lumber CompwW claim in the amount of $2,598.20, upon delivery of the duly executed
py and acknowledged formal release; this payment to be made from the Bight-of-Wey Fund in the $oad
k(; and Bridge Budget.
The Court received and approved Change Order No. 10, dated July 20, 19569 sharing
off-eets and credits amounting to $805.00 equalizing each other, so that no additional payment
4 is required, submitted by A. P. Kasch and Sons, contractors for the now courthouse-fail project,
and approved by Caudill, Howlett, Scott and Associates, according to the original copy attached
f heretos
xa Messrs. George K. Mallard, W. C. Mitchell, Joe E. Vincent, and Carl Williams, local
insurance agents, appeared before the Cart and discussed the matter of insurance an the new
i
Brazos County courthouse
plant and its contests. It was understood and agreed ball parties
that the County insurance would be placed with the agency represented by George K. Mallard of
87911 who would pro-rate the premium income to all other members of the Brazos County Association
of Insurance Agents in accordance with the co-InIcation presented to the Court on October 10, 1955.
After discussion and upon motion duly seconded and unanimously adopted, the Court
voted to place its insurance an the new oourthasee-veil plant with the George K. Mallard Insurance
Agency, of Bryan, for a five-year policy with ninety (90) per cent cc-insurance clause, effective
from l2s00 o'clock noon, on July 31, 1956, with option of deferred pgymsnt of premium. It was
further ordered that this insurance be applied as followas
Buildiage. . . . . . .$810,000.00
C L t '1135,000,00
Total. . . .1945,000.00.
Whereupon the Court adjourned.
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