HomeMy WebLinkAbout1957-07-29-0230PM-SpecialA
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Special Meeting - July 11. 1957.
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in the office of the County Judge, beginning at 8:30 o'clock a a , an Thursday, July ]1, 1957,
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with the following present:
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A- 9 Whre, County Judge, presiding;
Raymond A Nolan, Commissioner of Precinct Number 1;
George Dlumn, Commissioner of Precinct Number 2;
Clyde J. Porterfield, Commissioner of Precinct Number 3; and
Newton Burlin, Commissioner of Precinct Number 4.
The purpose of this meeting was to discuss certain fiscal matterb and
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procedures with Mrs. Marjorie S. Burkhalter, Tax Assessor-Collector, woo appeared before the
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Court and reported in detail upon the affairs and personnel of the tax office.
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Incidentally, the Court gas preliminary consideration to the budget for 19580 and
in conference with the County Judge as budget officer, agreed upon certain aattere including
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an oaea'all countywide tax rate of $1.00 per $100 00 valuation of property within the County.
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Whereupon the Court adjourned.
Special Meeting - July 29. 1957
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A special meeting of the Commissioners Court of Brazos County, Texas, was hold in
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the Camissionere Courtroom in the courthouse, at Bryan, beginning at 2:30 o'clock p. a., on
Monday, Jn7,# 29, 1957, with the following present,
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A 9 ;fare, County Judge, presiding;
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Raymond A. Nolan, Commissioner of Precinct Number 1;
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George Duren, Commissioner of Precinct Number 2;
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Clyde J. Porterfield, Commissioner of Precinct Number 31
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Newton Burlin, Commissioner of Precinct Number 4; and
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A. B 9yptak, County Clark
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The Comma Judge submitted the proposed budget for the rieaal (calendar) year of
1958 carrying total proposed expenditures and reserves of $582,350.00 with a recommended tax
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rate of $1.00 per $100 00 valuation Whereupon Commissioner Burlin coved that the budget be
accepted and public hearing set thereon, and Commissioner Nolan seconded this notion, which
was unanimously adopted
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Motion was made duly seconded and unanimously adopted, by which it was ordered that
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the proposed budget for 1958 be filed with the Counts Clerk and set down 1br public hearing in
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the Commissioners Courtroom in the Courthouse at Bryan, Texas, at LOh00 a. ■ , an Friday,
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August 160 1957s and that public advertisement of this hearing be made by publish la the
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fallowing notice in the R=an Daily Eagle of Bryan, Texas, once each week for three
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prior to the public hearings
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NOTICE OF HEARING ON MUM COUNM
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BUDGET FOR 1958:
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Public notice is hereby given that pursuant to action of the
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Commissioners' Court of Brazos County, Texas, taken on July 29,
1957, open public hearing hd.11 be held in the Commissioners
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Courtroom in the Courthouse at Bryan, Texas, at 10:00 a m , m
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r Friday, August 16, 1957, for consideration of the 1958 budget
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for Brazos County, submitted to the Curt an July 29, 1957, and
now remaining an file in the office of the County Clark of eaid
County, all in accordance with law-
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Taxpayers and others Interested are invited and urged to acquaint
themselves with the said budget during the time it remains an file
with the Clerk before the hearing.
At the conclusion of the hearing, final action will be taiga by
the Commissioners' Court of Brazos County, Texas, fbr the adoption
of the budget for 1958, as finally agreed upon.
BY DIRECTION of the Comissioners r Court of Brazos Canty, Taxas,
on July 29, 1957.
(Seal) (A. B Syptak), County Clerk and ax-officio
Cleric of the Caamissionerst Court of Brasos
County, Texas •
In accordance with preliminary action on July 8, 1957, the Court received
trap the state HiStway Department formal contractual agreement for rI&K-of-wW
procurement, daly executed as of July 15, 1957, and which is as follows and which Is
aocampanled W Highway Departmentte Administrative Order No 8-57, dated April 4, 1957,
i also eopded belart
■CONTBACTUAL ACiT
FOR,
BIGHT OF WAY PROCUREMENT
(COUNTY FORK)
BUTS OF lSiAB PCOUN7f Bras
BOJB Cont. 0 & 2 - 27 & 25
COUNTY OF TRAVIS ACCT NO.
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1 Ibis agreement entered into this 15th day of July, 1957, by and between the State of
Texas, acting by and through the Texas Highway Department, hereinafter called the
State, and Brazos County, Texas, acting by and through its duly authorised officers
under Commissioner's Court Order dated 8th day of July, 1957, hereinafter called the
Court.
{ WHEREAS, the State has deemed it necessary to make certain highway improvements in
conjunction with Highway No. St. 6 located between College Station and The Grimes
County Line, and which section of highway improvements will necessitate the
t acquisition of certain right of way, and
WHEREAS, it is agreed that such right of way purchase shall be by joint effort of
the State and the County;
NOW, THUMBS be it AGREED that acquisition of such right of way shall be In
{ accordance with Highway Catnsission Ninute Order No. 42113 dated May 31, 1957
The State hereby authorizes and requests the County to proceed with acquisition
and the State agrees to reimburse the County for its share of the coat of such
right of way providing such acquisition and reimbursement is accomplished accord-
Ing to the provisions outlined herein and agreed to by both parties hereto
LOCATION SURVEYS AND PREPARATION OF RIGHT CP WAY DATAt The State, without coat
to the County, will do the necessary preliminary engineering and title search in
order to supply to the County the data and deed instruments required for right of
way purchase
DETERMINATION OF RIGHT OF WAY VALUESt The County agrees to make a determination of
property values for each right of way parcel by methods acceptable to the County and
to submit to the Staters District Office a tabulation of the values so determined,
signed by the appropriate County representative Such tabulation shall list the
parcel numbers, ownership, acreage and recommended compensation Compensation shall
be shown in the component parts of lard taken, itemization of improvements taken,
and (if a partial taking) damages to the remainder This tabulation shall be ac-
companied by an explanation to support the determined values, together with copy of
information or reports used in arriving at determined values Such woric will be
performed by the County at its expense without cost participation by the State. The
1 State will review the data submitted and may base its reimbursement on the values as
determined by this review The State, however, reserves the right to perform at its
own expense any additional investigation deemed necessary, including supplemental
appraisal writ by State employees or by employment of fee appraisers, all as may be
mdecessary for determination of values to constitute the basis for State reimbursement.
If at aqy stage of the project development it is determined by mutual agreement
1 between the County and the State that there should be waived the requiremeat that
the County submit to the State property value determinations for any part or all of
the required right of way, the State will make appropriate written notice to the
County of such waiver, such notice to be acknowledged in writing by the County
In instances of ouch waiver, the State by its due processes and at its own expense
will make a determination of values to constitute the basis for State reimbursement
NEGOTIATIONSt The State will notify the County as soon as possible as to the Staters
determination of value Negotiation and settlement with the property owner will be
the responsibility of the County without participation by the State. The County
will deliver properly executed deeds with title in the name of the State supported
by an acceptable Title Insurance Policy for each right of way parcel involved The
costs incidental to such negotiation and the costs of recording of the right of way
instruments will be the responsibility of the County. The cost of Title Insurance
will be the responsibility of the State
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CONDEMNATION: Condemnation proceedings will be initiated at the election of the
< County and will be the County's responsibility at its own expense Eligibility for
State reimbursement of values determined by such condemnation proceedings shall be
subject to the conditions as hereinafter outlined under the section titled "Reim-
bursement".
• DISPOSAL OF IMPROML N TSs It is agreed that the State's participation in the cost of
improvements will be based upon approved values The disposition of improvements
may be in accordance with State nighway Department Administrative Order 8-57, a copy
of which is attached hereto and marked Exhibit "A" In the event the improvements
are not disposed of in accordance with Administrative Order 8-57, the State shall
dispose of said improvements by competitive bids Such revenue derived from the
disposition of any improvements will be credited to the cost of the right of way
procured
RELOCATION OF UTILITIES If the required right of way to be acquired for this pro-
ject encroaches upon an existing utility located upon its own right of way acquired
for utility purposes, the State will participate with the County in the cost of the
necessary adjustment, removal or relocation of the utility The State's participation
shall be limited to the cost of making such change in the utility after deducting any
resulting increase in the value of the new utility and any salvage value derived from
the old utility Such utility relocation coats will be an appropriate item of right
of way cost The adjustment, removal or relocation of any utility line an publicly
owned right of way by sufferance or permit will not be eligible for State reimburse-
ment
The term "utility" shall include publicly, privately and cooperatively arced utilities.
' FENCES AND FENCING When ri dht of way values are determined, damages to existing fensee
or the need for replacement or new fences will not be considered and included in the
compensation due the property owner This is based upon the agreement that the County
will construct all fences as are required due to the right of way taking at no cost to
the property owner The State will participate in the amount of 50 per cent of
the cost of required fencing performed by the County on an actual cost basis of
materials plus labor, less value of any salvage fencing material, and exclusive of
any overhead costs of the County The Canty in billing the State for fencing 411
attach an itemised estimate supported by a certificate to this effect. Such fencing
work shall be considered an appropriate item of right of way cost
REIMBURSEMFN Ts The State will reimburse the County after Narch 1, 1958, in an
amount not to exceed 50% of the cost of the right of way acquired in accordance
with the tome and provisions of this agreement The State's reimbursement will
be in the amount of 50% of the State's predetermined value of each parcel, or ,
the net cost thereof, whichever is the lesser amount If condemnation is neces-
sary the participation by the State shall be based an the final tudeemant. con-
ditioned that the State has been notified in writing prior to the filing of such
suit and prompt notice is also given as to all action taken therein The State
shall have the right to become a party to the suit at any time for all purposes,
including the right of appeal at any stage of the proceedings. All other items
of cost shall be borne by the State and the Canty as provided by other provisions
of this agreement
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GEVERAM It is understood that the terms of this agreement shell apply only to
right of way authorised and requested by the Texas Highway Department which Is
needed and not yet dedicated, in use, or previously acquired in the new of the
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State or County for highway, street, or road purposes.
It is further underst
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t if
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rcumstances develop in the right of
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such unusual circumstances or problems will be resolved by mutual agreement be-
tween the State and the County.
COMISSIONERS COURT RECOMMENDED FOR APPROVALs
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OF
BRAZOS COUNTY, TEXAS /s/ C B Thames
District Engineer
WsJa/ A. S. Ware
County Judge /s/ P. C. Goode
Program Engineer
Sys /s/ Raymond A Nolan
Commissioner, Precinct Number i /e/ T. S. Huff
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Engineer of Road Design CSE
ays s George Dunn
Commissioner, Precinct Number T f _/s/ A. H. Christian
Bight of Way Engineer
Mr: /s/ Clyde J. Porterfield
Commissioner, Precinct Number 9 Certified as being executed for
the,purpoae and effect of act:ivMing
Bys /s/ 8ewtcn Burliiq and/or csrrying out the orders, estab-
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kmadesiaaer, uct, VG~r b lashed policies, or work programs here-
tofore approved and authorised br the
state Highway Commissions
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$yrN D C. (br+er
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July no 1991.
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eTEM HIGHYAL MPAROMT
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Aprils 14, Tax"
April 4, 1937
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IN RE5~M TO
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AMMUSTRATM ORMR No. 847
SUwwrt POI.ICL ON DISPOSAL OF w DVEMT9 ON 9TATO PURCRASED HURT OF WAY
lot ALL MSTRICT MIGINEE8.9, IDIGWE8B.2lANAGSR AND DIMIO9 HUM
Gentlemen:
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The rapid progress of the State Bight of Way Purchase Program indicates the
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necessity of having a well defined policy for the disposition of improvements
purchased with highway rights of way. In arriving at a workable plan, the
Right of Way Division studied the procedures used by a number of cities and
states as well as the Texas Turnpike Authority. The most feasible plan ap-
pears to be one based upon the fixed percentage of the appraised value of
the improvement The cost to the property owner to retain his improvement
will be figured as indicated below:
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1. Frame Buildings
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(a) Pier or Block Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing the
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purchase price for his property by an amount equal to 204 of
the appraised value of the retained improvement.
(b) Continuous Beam Foundation. The owner will be permitted to
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retain this type of structure if he consents to reducing the
purchase price fbr his property by an amount equal to 154 of
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(o) Concrete Slab Foundation The owner will be permitted to
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retain this type of structure if he consents to reducing
the purchase price for his property by an amount equal to
104 of the appraised value of the retained improvement
2. Brick. Rock. Stone. Veneer and Stucco Buildings
(a) PMer or Block Foundation. The owner will be permitted to
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retain this type of structure if he consents to reducing the
psrchose price for his property by an amount equal to 154 of
the appraised value of the retained improvement.
'T (b) Continuous Beam Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing the 3
purchase price for his property by an amount equal to 10¢ of
the appraised value of the retained improvement
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(o) Concrete Slab Foundation The owner will be permitted to
- retain this type of structure if he consents to reducing
the purchase price for his property by an amount equal to
54 of the appraised value of the retained improvement.
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j; Kincellaneous Improvements, e g , well pumps, fences, etc , may be
retained by the owner if he consents to reducing the purchase
price for his property by an amount equal to 204 of the ap-
praised value of the retained improvement
4q Improvements bought under the State Right of Way Purchase Plan which are to
be sold and not relinquished to the property owners in accordance with the above
plan will be disposed of through the Board of Control Whom an owner elects
to retain improvements under the above procedure, the Contract of Sale or the
Xmorandum of Agreement shall include a provision covering the agreement and
fixing a time limit for removal of the improvement
In anticipation of the possibility of the property owner desiring to retain him
improvements, the appraisal report reviewer shall establish the basic offer value
of each improvement which recommended price should be forwarded to D-15 along
with the recommended offer price for the total parcel
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Sincerely yours
/s/ D C Greer
D C Greer
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State Highway Ingineer
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jistributicps
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District Engineers
V Resident Engineers
Bngipeer-Xanager
Division Hands e
The Court received, examined, approved and ordered filed and recorded the bond
for $2,500 00 of J. B Beard as a Public Weigher in and for Justice Precinct No. 4, of
Ems" County, Texas, dated July 16, 1957, and executed by Glans Falls Insurance Company
by ERy Holsell, Attor. 7-in-Fact, with oath of office executed July 16, 1957, all as
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authorised by Article 5704 of the Revised Civil Statutes of Taws.
The Court received and approved as submitted the report of the Brazos County Health
Unit for the month of June, 1957.
The Court received the following resignation submitted by Mrs. Marjorie Be Burkhalter,
Tax Assessor-Collector of Brazos Canty, Texas, and accepted it to be effective as of this date
July 29, 19571 the ambers of the Court expressing regret over the conditions which prompted
such resignation s
"BRAZOS CWNTT
Bryan, Teams
July 29, 1957.
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40 W
Commissioner's Court
Brazos County
Dear Commissioner's Court,
Due to may health I am reeigning mar fob as Tax-Assessor Collector of
Brazos County. It has been a pleasure to work with the court and to
serve the people of Brazos County I hops the one who suceeds me
has as much pleasure serving the people as I did.
Sincerely,
1LMaVorie S Burkhalter
Marjorie 8 Burkhalter."
On motion duly seconded and unanimously adopted, the Court voted to appoint Monroe
0. Bond of Bryan, Texas, as Tax Assessor-Collector of Brazos Canty, Texas, effective from
this date to fill the unexpired term of Mrs Marjorie B Burkhalter, resigned; or until the
next general election. The bonds for the new tax assessor-collector were fixed at $15,000.00
for County taxes and $7,000 00 for State taxes
Whereupon the Court adjourned
Special Meeting - July 30. 1957.
A special meeting of the Commissioners Court of Brazos County, Tens, was held
in the Commissioners Courtroom in the courthouse at Bryan, begirmiog at 3s00 o'clock p. m.,
an Tuesday, July 30, 1957, with the following presents
A S Ware, County Judge, presiding;
Raymond A Nolan, Commissioner of Precinct Number 1;
George Dunn, Commissioner of Precinct Number 21
Newton Burlin, Commissioner of Precinct Number 41 and
A B Syptak, County Clerk.
Monroe George Bond appeared before the Court and presented his official bonds as
Tars Assossor-Collector of Brazos County, Texas, as followas
For County taxes, $22,000.00
For State taxes, $7,000 00.
These bonds are in accordance with Articles 7247 and 72490 of the Revised Civil
Statutes of Teams, and were examined and approved in open Court; whereupon the official oath
of office was administered to Mr. Band, & ad he was officially installed a. Tai Assessor-CoLleotcor
of Brasos County, TwW.
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Wereupon the Cann adjourned.
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