HomeMy WebLinkAbout1958-04-23-0830AM-Specialr '
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collection of taxse and the duties of the office of Tat Assessor-
Colleator is undoubtedly and fundamentally county business and subj eat
to reasonable judicial and legislative regulation by the Commissioners
Court. It is equally well settled that an elected county officer has
authority and power to do such thinge as are reasonably necessary to
do his duties 34 Tax. Jur., Sec. 68, Page 444, and in my opinion the
Commissioners Court cannot require a county officer or any given
employee to report for duty and remain for any particular time.
It is my opinion that the Commissioners Court of Brazos County my
lawfully, through its legislative power, pass an order directing that
county offices be kept open for a given number of hours and for a given
number of days per week. However, this applies only to the functioning
of the office and does not empower the county, through its auditor or
anyone also to deduct any salary for absence of an officer or employee
from duty. Sea Op. Atty. Gen., 1945, No. 0-6679.
'therefore, I conclude that under the broad powers vested in a
Ccamisaicnere Court, under the constitution and laws of this state so
far as regulation of county business is concerned, the Commissioners
Court is empowered to regulate reasonably and generally the subject of `
when a county office shall remain available to the public for the
transaction of county business connected therewith and that an elected
county officer may be required to make said office available to the
public, properly staffed, as reasonably directed, by being present
himself or offering to serve through lawfully appointed deputies or
other employees, upon penalty as the law prescribes for incompetence °
or inaction if such order is not substantially complied with.
There is little direct authority upon this question but I believe
the courts will uphold this construction as fundamental and necessary
for orderly county business and within the range of legislative and
' judicial discretion vested in the Commissioners Court.
Very truly yours,
• /a/ Jun. M. Barron
JOHN M. BARRON
JNBsvm County Attorney.■
Whereupon an motion duly seconded and unanimously adopted, the Court voted to
amtime its long-established policy of office hours for all officials at eight hams
per day during week-" and four hours on Saturdayya, being from 8c00 to 5x00 and frog
8s0O to 12s00, respectively. It in further ordered that the Tat Assessor-Collector be
notified of this action.
Whereupon the Court adjourned.
• i e a** * * * e o o O• e i•• i
Special Meeting - A
A special mating of the Commissioners Court of Brazos County, Talus, was
bald in the office of the County Judge in the Courthouse at Bryan, Tax", beginning
at 8s3O o'clock a. a., on April 23, 1958, with the following members presents
A. S. Ware, County Judge, presiding,
Raymond A. Nolan, Caemiesioner of Precinct No. 1i
George Dm, Comszissionar of Precinct No. 2,
Clyde J. Porterfield, C-issioner of Precinct No. 3; and
Newton Burlin, Commissioner of Precinct No. 4.
Sheriff J. W. Hamilton having reported the failure of the motor in the 1957
Pontiac automobile now in use in his department and reporting that it would cost $565.00
to purchase and install a new :motor, the Court received and considered the listed proposals for
the delivery of a now automobile. The following prices were quoted as cash difference to
be paid by the County for a new vehicle lose trade-in allowance for the 1957 Pontiac
faur•door Sedan, Motor No. T757H3833, and Texas Certificate of Title No. 182204311
Bryan Motors,
1309 Texas Avenue,
Bryan, Texas.
One now 1958 4-door Medalist Mercury
automobile with automatic transmission, heater
and back-up lights, complete for cash difference of . . . . . . . . .$700.00
Dishman Pontiac Company,
Bryan, Texas,
One new modal atandar4, Pontiac
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Cade Motor Company,
415 North Main,
Bryan, Terse,
One new 1958 Custom 300 Ford 4-door idth
9/8 motor and fresh air heater and defroster,
Fordomatic transmission, turn indicators,
oil filter and air cleaner for difference of. . . . . . . . .$974.00
Donaho Buick Company,
Bryan, Texas
One new 1958 Buick special automobile
completely equipped for difference of . . . . . . .$1,100.00.
The Court having found and declared that the proposal of the Bryan Motor Company
of 1309 Twee Avenue, Bryan, Terse, far the new 1958 four-door Medalist Mercury automobile
equipped with automatic transmission, heater and back-up lights for a cash difference of
$700.00, was the beat proposition available to the County, on motion duly seconded and
unanimously adopted, the Court voted to accept this proposal and buy the new Mercury car
for the cash difference of $700.00 after trade-in allowance for the 1957 Pontiac above
described.
On recommendation of Commissioner Burlin and upon motion duly seconded and
unanimously adopted, the Court voted to purchase from the Brazos Motor Company of Bryan,
Tawas, the following described used wench track for $400.00 cash to be paid from thuds
available to Precinct No. 4, to which the said vehicle Is hereby alloeateds
Ona used 1945 International Wench Truck, Motor No.
BLD 269 21220, and Texas Certificate of Title
No. 9265511.
Com iasioner Burl.in submitted a claim for reimbursement to him for ;28.00 cash
expended on official business of the County mile attending the annual convention of tae
South Texas County Judges and Commissioners Association at San Antonio, Texas, an April
20 through 22, 1958, to be paid from the Terracing Furl of Precinct No. 4.
Whereupon the Court adjourned.
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The foregoing minutes, beginning an Page 174, and concluded above, were axndned
and approved in open Court on this the 12th day of May, A. D. 1958.
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( Warm) (George )
County Judge Caamiaei or of Precinct 2
cad A. Nolan) ( Wei erflald)
Comissionerl of Precinct 1 Comaleeioaer of Precinct 3,
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H. Commissioner of Precinct 4t
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