HomeMy WebLinkAbout1957-09-09-1000AM-Regular1r f
9. 1957.
The foregoing minutest beginning on Page 122, and concluded on Page 1280 Were examined
' and approved in open Court an this the 9th day of September, A. D. 1957.
qA.' Ware) nd A. clan)
No. 1.
• County Judge. Cc ssioner of F.ld
George ) (!C r Commissioner of Precinct No. 2. C eio of Precinct Bo. 3-
A T 19 S Tt i• 1r1oT "'C
a (N~-u
Commissioner of Precinct No. 4.
(A. B.
County 9.le~c_
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Regular Meetiniz - September 9. 1957.
Y A regular meeting of the Commissioners Court was held in the Catamiesioners Courtroom
in the courthouse, at Bryan, Texas, beginning at 10:00 o'clock a. a., an Monday, September 9,
1957, with the following presents
A. S. Ware, County Judge, presiding,
,
Raymond A. Nolan, Ccamiesioner of Precinct No. lj
George Dunn, Commissioner of Precinct No. 21
' Clyde J. Porterfield, Commissioner of Precinct No. 3j
Newton Burlin, Commissioner of Precinct No. 4; and
A. B. Syptak, County Cleric.
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The Court received, approved, and ordered filed as submitted the following
reporter
Brazos County Welfare Board by W. D. Burley,
Chairman, for the month of August, 1957
^i W. D. Burley, County Veterans Service Officer,
r for the month of August, 1957
Miss Emily Ritter, County Home Demonstration Agent,
for the month of August, 1957
8. Lloyd Joyce, Assistant County Agent, for the month
of August, 1957
Fannie J. Taylor, Negro County Home Demonstration Agent,
for the month of August, 1957
E. 0. Pace, County Agricultural Agent, for the month of
August, 1957.
The Court received, considered and approved the following reports from county and
precinct officers showing official fees of office collected and remitted to the County Treasurer
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according to duplicate copies of Treasurer's official receipts attached theratot
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A. S. Ware, County Judge . . . . . . . . . . . .$39.00
rer _
A. B. Syptak, County Clerk . . . . . . . . . . . . . . . . . . . .1,658.50
' Monroe G. Bond, Tax Assessor-Collector (July 30-31, 1957). . . . • 50.38
Monroe G. Bond, Tax Assessor-Collector (month of August, 1957) 920.56
J. W. Hamilton, Sheriff 971.15
John N. Barron, County Attorney. 980.30
F. T. Cole, District Clerk . . . . . . . . . . . . . . . . . . . 173.45
H. Le Graham, Justice of Peace of Precinct No. 4, Place Is
Fees collected and remitted to Brazos County . . . . . 452.30
Fees to be paid by County for 56 cases at $4.00 each . . . 224.00
B. W. Babbitt, Justice of Peace of Precinct No. 4, Place 21
Fees collected and remitted to Brazos County. . . . . . . 224.45
Fees to be paid by County for 32 cases at $4.00 each. . . . . . 128.00.
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In accordance with preliminary action an August 12, 1957, the Court received
from the State Highway Department formal contractual agreement for right-of-way procurement,
duly executed as of August 21, 1957, and which is as follows, and which is accompanied by
Highway Department's Administrative Order No. 8-57, dated April 4, 19571
'CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY PHDCUREMSNT
(COUNTY FORM)
STATS OF TSYAS COUNTY Brazos
PROJECT
COUNTY OF TRAVIS ACCT. NO.
HIGHWAY U, S. 190
This agreement entered into this 21st day of August, 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 authorized officers under Commissioner's Court Order dated 12th daffy
of August, 1957, hereinafter called the County,
i'dM AS, the State has deemed it necessary to make certain highway improve onto
in conjunction with Highway No. U. S. 190 located between a point 6288 feet West
of the Navasota River and the Navasota River, and which section of highway
improvements will necessitate the acquisition of certain right of way, and
WHE AS, it is agreed that such ripjht of way purchase shall be by point effort of
the State and the County,
NOW, THEREFORE be it AGREED that acquisition of such right of way shall be in
accordance with Highway Ccomission 11irhute Order No. 42113 dated May 31, 1957.
The State hereby authorized and requests the County to proceed with acquisition
and the State agrees to reimburse the County for its share of the cost 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 ....D PIXP.,RATION OF RIGHT OF WAY DATA1 The State, without coat
to the County, will do the necessary preliminary engineering and title search in
order to supply to the Cohurt.y the data and deed instruments required for right
of way purchase.
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LMI46 INATIOU OF RIGHT OF WAY VALUES 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 State's District Office a tabulation of the values so determined,
sighed by the appropriate County representative. Such tabulation shall list the
parcel numbers, ownership, acreage and recommended compensation. Compensation shall
be anown in the component parts of land 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 work will be
performed by the County at its expense without cost participation by the State. The
State will review the data submitted and may base its reimbursement on the values as
determined by this review. The State, however, reserves the ri.fht to perform at its
own expense any additional investiCation deemed necessary, including supplemental
appraisal work by State employees or by employment of fee appraisers, all as may be
necessary for determination of values to constitute the basis for State reimburse-
ment.
If at any stage of the project development it is determined by mutual agreement
between the County and the State that there should be waived the requirement that
the County submit to the State property value determinations for any part or all of
the required right of way, the State will rake appropriate written notice to the
County of such waiver, such notice to be acknowledged in writing by the County.
In instances of such 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.
NEGOTIATI0143i The State will notify the County as soon as possible an to the State's
determination of value. Negotiation and settlement with the property owner will be
the responsibility of the County without participation by the State. The County
f 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
coats 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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CONDDNATI011 Condemnation proceedings will be initiated at the election of the
County and will be the Coanty's responsibility at its own expense. Eligibility
for State reimbursement of values determined by such condehahation proceedings
shall be subject to the conditions as hereinafter outlined under the section
titled "Reimbursement".
J DISPOSAL OF D1P WVF1L,rrS1 It is agreed that the State's participation in the cost of
improvements will be based upon anproved values. The disposition of improvements
may be in accordance with State Hip}rway Department Administrative Order 8-57, a copy
of which is attached hereto and marked Exhibit nA". 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 bide Such revenue derived from the
disposition of any improvements will be credited to the cost of the right of way
procured.
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RELOCATION OF UTILITIESt If the required right of way to be acquired for this project
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 coat 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 costs will be an appropriate item of right of way cost.
The adjustment, removal or relocation of any utility line on publicly owned right of way
by sufferance or permit will not be eligible for State reimbursement.
The term "utility" shall include publicly, privately and cooperatively owned facilities.
FENCES AND FENCING- When right of way values are determined, damages to existing
fences 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 coat 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 costa of the County. The County in billing the State for
fencing will attach an itemized estimate supported by a certificate to this effect.
Such fencing work shall be considered an appropriate item of right of way cost.
REIMBURSEEENTs The State will reimburse the County after March 1, 1958, in an amount
not to exceed 50% of the cost of the right of way acquired in accordance with the
terms and provisions of this agreement. The State's reimbursement will be in the
amount of 50% of the Stnte'e predetermined value of each parcel, or the net cost
thereof, whichever is the lesser amount. If condemngtion is necessary the participation
by the State shall be based on the final ludcem n conditioned 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 became a patty 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 County as
provided by other provisions of this agreement.
GENERAL It is understood that the terms of this agreement shall apply only to right
of way authorized and requested by the Texas Highway Department which is needed and
not yet dedicated, in use, or previously acquired in the name of the State or County
for highway, street, or road purposes.
It is further understood that if unusual circumstances develop in the right of way
acquisition which are not clearly covered by the terms of this agreement, such
unusual circumstances or problems will be resolved by mutual agreement between the
State and the County.
CMZfISSIONER8 COURT HECOAI•.ENDED FOR APPROVALS
OF
BRAZOS OOUNTY, TEXAS /a/ C. B. Thames
District Engineer
Byt_/a/ A. S. Ware
County Judge /s/ P. C. Goode
Program Engineer
Bys /s/ Rea-mond A. Nolan
Commissioner, recinct Number 1 191 T. S. Huff
Engineer of Road Design CSS
Hys_fe/ George Dunn J
Comnmissioner, Precinct Number 2 /s/ A. H. Christian
Right of Way Engineer 37
Bys Is/ Clyde J Forte e
Commissioner, PrecCertified as being executed for
the purpose and effect of activAting
Sys /s/ Newtasr Burlin and/or carrying out the orders, estab-
Commissioner, recinot dumber 4 lished policies, or work programs here-
tofore approved and authorised by the
State Highway Commissions
By s D. C Greer
Executed as State Highway ear
and approved for State Hi&wsty
Commission.e
"TEXAS HIGHWAY DHPARDUN?
Austin 14, Texas ,
April 4, 1957
In Reply Refer to
File No. DC8
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ADMIIIISTRATM ORDER No. 8-57
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° SUBJECTS POLICY ON DISPOSAL OF ITIPROVEMENTS ON STATE PURCHASED RIGHT CR WAY
TO ALL DISTRICT ENGINEERSS ENGINEER44ANAGER AND DIVISION HEADS
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' Gentlemen
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The rapid progress of the State Right of Way Purchase Program indicates the
necessity of having a well defined policy for the dispostion 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 moot feasible plan ap}-
pears to be one based upon the fixed percentage of the appraised value of r
the improvement. The cost to the property owner to retain his improvement
will be figured as indicated belows
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(a) nor or Block Foundation. The outer will be permitted to
retain this type of structure it he consents to reducing the
purchase price for his property by an amount equal to 2C% of
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the appraised value of the retained improvement.
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(b) Continuous Beam Foundation. The owner will be permitted to I
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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 15% of
the appraised value of the retained improvement.
' (a) 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
10% of the appraised value of the retained improvement.
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2. Brick. Rock. Stone. Veneer and Stucco Buildings.
(a) Pier or Block 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 15% of
the appraised value of the retained improvement.
(b) Continuous Beam 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 10% of
the appraised value of the retained improvement.
(o) Concrete Slab Foundation. The owner will be permitted to
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' i retain this type of structure if he consents to reducing
the purchase price for his property by an amount equal to _
5% of the appraised value of the retained improvement.
3. jtggelkmec!uLiL ImDrovenents~ e.g., well pumps, fences, etc., may be
retained by the owner if he contents to reducing the purchase '
price for his property by an amount equal to 20% of the ap-
praised value of the retained improvement.
Any improvements baud t 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. Where an owner elects
to retain improveuents under the above procedure, the Contract of Sale or the
Memoreadum 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 his
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.
Sincerely yours
/s/ D. C. Greer
D. C. Greer
State Highway Engineer
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Distribution:
District Engineers
Resident Bagineere
Engineer-renager
- Division Heads.e
At the request of Assistant County Agricultural Agent S. Lloyd Joyce, and an
potion, duly seconded and unanimously adopted, the Court voted to allow him leave with
pay for three hours per week to be arranged to fit schedule for the fall semester at the
A. A M. College of Teams, all in ardor that he may pursue his studies leading toward his
Master's degree
The County Judge presented the matter of assignment of office epees to the use
of the Texas State Department of Public Safety for the four to eight highway patrvlaum
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who will soon be located at Bryan in association with Highway Patrolman 0. L. Luther, recently
promoted to Sergeant. After discussion and consideration of reassignment of the space
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now occupied by the Drivers' License R3mminer, an motion duly seconded and unanimously adopted,
the Court voted to take this matter under advisement.
The Court received a delegation of property tax paying citizens from the southern
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portion of Brazos County, who discussed the creation of a water improvement district and the
County Judge eat a public hearing on the matter for 10300 o'clock a. pl., on Friday, October
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on motion duly seconded and unanimously adopted, the Court voted to pay all bills
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rdrioh have been properly filed and approved, and for which budgeted funds are available. r~
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• Nhereupon the Court adjourned.
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Special Nesting. - October 4. 1957.
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A special meeting of the Commissioners Court of Brazos County, Tessa, was held in "
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the Commissioners Courtroom in the courthouse, at Bryan, beginning at 10:00 o'clock am,, an
Friday, October 4, 1957, with the following present: i
A. S. Were, County Judge, presiding,
Raymond A. Nolan, Commissioner of Precinct Number 1;
George Dunn, Commissioner of Precinct Number 2,
Newton Burlin, Commissioner of Precinct Number 4f and
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A. B. Syptak, County Cleric. r,
With reference to the petition filed with the Court on September 9, 1957, wherein r
certain land owners in the southern part of Brazos County requested the formation of a water
control and improvement district, the following proceedings were had: r
"TO M COUNTY COMISSIONERS1 COURT OF
BRAZOS COUNTY, TEXAS.
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And now come the undersigned and present this petition, in
duplicate, for the organization of a lister Control and Improvement
• District in Brazos County, Texas. These petitioners show to the
Court that they constitute a majority in number of the holders of title
to the land to be embraced in said District and that they are also the Y
owners of a majority in value of the lands in said District as shown by
the county tax roll.
The name of the proposed District shall be "BRAZOS COUNTY WATER
CONTROL AND DO'ROVEYMT DISTRICT, NO. 1, BIG CREE%e, the area to be S,.
I' embraced in said District is approximately 26,000 acres and there is
attached hereto, designated "Exhibit "A" and made a part of this
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petition the same as if fully written herein, a fall description by 1"tak
metes and bounds of the proposed District sharing the area and
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boundaries thereof.i
Said District is to be orEanited under Section 59 of Article fir 4
16 of the Constitution of the State of Texas and the purposes of ouches
organization shall be the control, storage, preservation and distri-
bution of storm and flood waters for irrigation, flood prevention and "}tti
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other useful purposes. The general nature of the work to be done by . rt
said District is to construct all dams, reservoirs, improvements, II•'~
plants and works necessary to the purpose for which it is formed; such
• work is feasible, practicable and is needed by the land owners of the
land in said District. There is a public need for such District and I +
i_ its creation will further the public welfare and will benefit the land
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included therein and the residents thereof. The estimated coot of the ff
project as now estimated by the undersigned petitioners from the I~r~ry
information that they have at this time is the arm of 8500,000.00.
WHEREFORE, these petitioners pray that an order setting the date ~
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