HomeMy WebLinkAbout1958-10-13-1000AM-Regular220
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asetL• Neat ir~ -October ?4a 19SB0
A regular sw4bg of the Commissioners Court of Bramoe Comity, Twee, we held
in the Caseissionwe Courtroom is the courthouse, at Bryan, beStanimg at IWO older s
a. m., an Nooday, October 13, 1958, with the *lloring presents
A. 8. Mare, County Judge, prssi+diogi
Raymond A. Nolen, Commissioner of Precinct Number 11
Osorge Atop, Commissioner of Precinct Number 21
Clyde J. Porterfield, Commissioner of Precinct Number 31
Newton Burlier, Commissioner of Precinct Number 41 and
A. B. 9yptak, County Clerk.
The Court received, approved and ordered filed as Submitted the follotsiag
rsparter
Brazos County Welfare Bawd by M. D. Burley,
Chairman, for the month of September, 1958
M. D. Burley, County Veterans Service Officer,
for the month of September, 1958
Bernard J. Vogalgeaang, Probation Officer, for
the month of September, 1958
Bryan4krasoe County Health Unit, for the month
of August, 1958
Fannie J. Tqlor, Negro County Now Demonstration
Agent, for the month of September, 1958
Z. 0. Pace, Negro County Agricultural Agent, for
the month of September, 1958.
The Court received, considered and approved the fol3oving rspsrte fm aomty
and precinct officers showing official fees of office collected and remitted to the
County Treasurer according to duplicate copies of Treasurer's offiaial receipts attached
thsrstos
A. S. Were, County Judge . . . . . . . . . . . . J".50
A. D. Syptak, County Clerk . . . . . . . . . •2,044.15
J. M. Hamilton, Sheriff . . . . . . . . . . 831.00
John M. Barron, County Attorney . . . ...2,083.80
Raymond S. Buchanan, Tax Aseessor-Collector . . . 188.35
B. L. Graham, Justice of Peace of Precinct 4, Place Is
Pees collected and remitted to Brazos County. . . . .1,574.05
Pees to be paid by County for 170 cases • $4.00 each. • 680.00
Virgil Setill, Constable of Precinct No. 4t
Fees collected and remitted to Brame County. . . . . . . 8.00.
The County Judge laid before the Court the contract received by his on October
~ 1,"1958, after its initial approval on May 6, 19582 cfor cooperative wort udth the Brasov
County office of the Agricultural Conservation Program Service. On motion dully seconded
and unanimously adopted, this contract was approved and ordered recorded In the minutes,
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•Fors ACP-230
(Revised 10-9-56)
UNITED STATES DEPARTYW OF AGRICULTURE
Agricultural Conservation Program Service
AGREEMENT TO PARTICIPATE IN THE FUSHISHING OF
WNSERVATION MATERIALS AND SERVICES UNDER THS
PURCHASE ORDER PUN
To Chairman Brazos Committee, Box 706, Bryan, Texas
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Sirs
I, sometimes referred to herein as the vendor, desire to participate In the
furnishing under purchase orders of approved conservation materials and/or
y Services to farmers in the county for their use in carrying out practices
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airier the Agricultural Conservation Program and/or the Conservation Reserve
Program and hereby request approval as an eligible vendor for ouch purposes. ,
The following information is supplied fbr your guidance in considering my
applications
F Brazos County Bryan, Texas
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The following are the principal owners of the firms
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Raymond A. Nolan, Commissioner, Precinct No. 1, Wellborn, Tessa
George R. Dann, Commissioner, Precinct No. 2, Wheelock, Texas ,
' Clyde Porterfield, Coml sioner, Precinct No. 30 Rt. 1, Banchls y, Texas
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Newton Burlin Commissioner Precinct No. 4 1907 Nuche's Lane
r , , , Bryan, Seas.
" A. In consideration of the approval of this application the
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vendor represents and agrees as follower
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1. That he will acquaint himself with the regulations and
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instructions issued by the applicable State and County committees
for the furnishing of materials and services under purchase orders
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and he will act only in conformity therewith.
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2. That no employees of this firm, except as disclosed herein,
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a receives any remuneration as an employee of the Federal Government or
as State, County, or camremlty committeemen or employees of the County
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committee.
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3. That he will not seek to secure any advantage w preferred
consideration in the obtaining of purchase orders by the offer of or the
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giving of any valuable consideration to any officer or employes of the
State or County office or any other Government employee.
C is. That, upon request of a duly authorised representative of the
U. S. Department of Agriculture to examine pertinent records of the firm,
be will permit such examination of all such records and will maintain adequate
records to permit verification of purchase order transactions.
S. That he will not assign to a bank, trn et company, Federal lendlog
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agency, or other recognized lending institution, any amount payable for
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materials or services delivered an a purchase order.
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B. In conneation with the filling of purchase orders the vendor further
agreess
~F 6. That he will furnish under purchase orders only materials and
services which meet the specifications set out on each purchase orders,
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and that he will comply with all Federal and State laws governing the sale
and distribution of the material or service so furnished pursuant to such
purchase orders.
° 7. That title to any material or service furnished to farmers under
purchase orders shall vest in the United States Government, and the vendor
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shall not exact from the farmer to whom such material or service is furnished
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any conditional sales contract or other agreement having the effect of retention
of title or right of repossession in the vendor.
S. 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 mount for furnishing
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the material or service in excess of the arm specified on 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 porch"
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order to the County Bffice for a determination of the payment to be made by
the farmer and the Government for such material or service.
t'•- c} 10. That he will not request or permit the farmer to receipt 1br the
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material or service authorized to be furnished on the pr chase order before
actual physical delivery thereof in entirety to the farmer or his authorised '
agent is completed.
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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 an the
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purchase order or other form or statement evidencing receipt, of the material
or service.
12. That he will not permit or contribute to the substitution of any r t
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other material or service in lieu of that specified on such purchase order.
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13. That he will not deliver any lesser quantity or quality of asterlal
or service than authorized on a purchase order in order to permit the farmer
thereby to reduce his contribution.
1b. That he will not deliver the material or service after the final
date specified on the purchase order for completion of delivery.
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is. That in the delivery of materials and services authorized on a
purchase order he will not deliver material or service of an inferior
quality or deliver lees than authorised thereon and claim payment for the
greater quantity or quality authorised to be furnished an mob parches ti
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order. It Is understood that should a lesser quantity or quality be
delivered than is authorised an the purchase order, the vendor will enter
the actual quantity and quality delivered and refer the purchase order
to the county office for am rection in the payment by the farmer and
Government. It is further understood that it it is found that a looser
grade of material or service is furnished than authorised on the purchase
order, such material or service may be rejected and the vendor shall not
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 price, if applicable, or the going commercial price, if a fair price
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
wilfully misused, any material or service authorised an the purchase order
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
the vendor is entitled from the Government shall not exceed the amount of
the Government's share of the cost of such materials or services accepted
by the Government under the purchase order. In no case will payment be
made for a material or service furnished on purchase order which does not
meet the minimum specifications for carrying out the practice as set out
In the State program bandbook.
It is understood and agreed that in the event the vendee shall 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 in lieu of
actual damages shall be liable to the Government fbr fixed, agreed, and
liquidated damages in the amount of the fair price, if one is applicable,
or the going commercial price, if a fair price is not applicable, of the
total quantity of the material or service authorised to be furnished on
each purchase order misused, and the vendor shall pay the amount thereof.
Such damages shall be assessed and collected by the State committee only
after the vendor has been given an opportunity to be heard by the committee
and to present ouch facts as may explain the circumstances, and the
decision of the State committee as to whether there was a misuse and whether
it was wilful shall be final and conclusive. It is understood that the
assessment and collection of liquidated damages shall in no way bar or
mitigate any other remedies the Government may have for breach of any
other provisions of this agreement or for any violations of the Federal
statutes.
It is further understood that if the vendor intentionally misuses purchase
orders contrary to the foregoing, the State committee may declare him in.
eligible to fill purchase orders for a specified period, the period to be
determined by the nature and gravity of the unauthorised or otherwise
improper activities to which he was a party.
No member of or delegate to Congress, or resident commissioner, shall be
admitted to any share or part of this agreement, or to any benefit that
may arise therefrom= but this provision shall not be construed to extend
to this agreement if made with a corporation for its general benefit.
{ r ^ Brazos County, Tamers
Signed Byr e A S. Ware -6- B
. S. Wars Vendor County Judge Date
' Approved /s/ H. C. Seale
For County Committee eta).-
Commissioner Burlfn presented his claim for reimbursement for cash spent In
commotion with the annual conference of the County Judges and Commissioners Association
at Dallas, on October 6 through 9, 1958, amounting to $68.00, as shown by itemized
statement. On motion duly seconded and unanimously adopted, the Court ordered this account
paid.
In connection with the acquisition of rights-of-W for State farm-to-wrist
highways heretofore approved and surveyed by the State Highway Fagineers, on motion defy
seconded and unanimously adopted, the Court voted to authorise the filing and prosecution
of condemnation proceedings, as follower
For extension of Farm-to-Market Highway No. 60, from College Station to
intersect with Farm-te-tlarket Highway No. 158 In the vicinity of Har►eyr
Arnold Schultz and wife Maydell Sahultsi
Joe Daminik and wife Antonia Doednikf
Albert Dominik and wife Louts DoednUl and
Victor Dumlaik.
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October 13- November 3-6, 1958.
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On motion duly seconded and unanimously adopted, the Court toted to pay all bills Y
which have been properly filed. - ;
Whereupon the Court adjourned.
Special Meeting - November 9. 1958.
A special meeting of the Commissioners Court of Brazes County, Tony was held in
the office of the County Judge in the courthouse, at Bryan, beginning aA 8t30 o'clock a. 84,
on lleaday, November 3, 1958, with the following presents
A. S. Mare, County Judge, presiding]
Raymond A. Nolan, Commissioner of Precinct No. 11
Clyde J. Porterfield, Commissioner of Precinct No. 3i sad
j Newton Barlin, Commissioner of Precinct No. 4.
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Ths Court received the following resignation submitted by M. A. Lawless, Justice
of the Peace of Justice Precinct No. 3, of Brazos County, Te=as, an October 13, 1958, after
the regular meeting of the Commissioners Courtt
uxurten, Texas,
Oct.- 13 - 1958
To County Judge k Com edealoners ,
oft Brazos County
Please accept my resignation as Justice of Peace oft Pre't i3
effective Oct. - 15 - 1958.
/s/ M. A. Lawless
J. P. Prc't $3
Brazos Co. Twms.e
On motion duly seconded and unanimously adopted, the Court accepted the resignation
as submitted to be effective from October 15, 1958.
On motion duly seconded and unanimously adopted, the Court voted to authorise
condemnation proceedings for the acquisition of the neoessary fats-to-market stab higtrweq
rightaf-way as surveyed and staked out by highway engineers, as followes
For State Para-to-Market Highway No. 2513, locally
known as the Turkey Creek Roadt
M. L. Boyett,
H. T. Rolland and wife Clara L. Holland.
The Court received and approved the report of the Brazos County Health Unit far the
mouth of September, 1958.
Whereupon the Court adjouanpd.
e+cr• a•e+a+rae+awe,e, e+e
Special Meeting - November 6. 1958Moeting - November 6. 1958.
A special meeting of the Commissioners Court was held in the office of the Ccunty
Judge, beginning at 8s3o a* not on Thursday, Nonaber 6, 19580 with all members of the Court
present, who proceeded to canvass the returns of the General Election held on Shesday, November
4, 1958. These returns were carefully chocked, tabulated and recorded in Volume •Cs, an Pages
62 to 71, inolusive, of the Official Election Returns of Brazos County, on file In the office
of the Court Clerk. t -
Whereupon the Court a4jonrned. E
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