HomeMy WebLinkAbout1959-09-14-1000AM-Regularf
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REGULAR MEETING - September 14. 1959
I A regular meeting of the Commissioners Court of Brazos County, Texas, was held in
the commissioners' courtroom in the oourthouee, at Bryan, Texas, beginning at 10t00 00010
R.21.9 on Monday, September 149 1959, with the following presents
W.C. Davis, County Judge, presiding;
Raymond A. Nolan, Commissioner of Precinct Number 1;
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George Dunn, Commissioner of Precinct Number 2;
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Clyde J. Porterfield, Commissioner of Precinct Number 3;
` W.A. Stasny, Commissioner of Precinct Number 4; and
A.B. Syptak, County Clerk.
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i The Court received, approved, and ordered filed as submitted the following reportat
Bernard J. Vogelgeaang, Probation Officer, for the month of August, 1959.
Miss Emily Ritter, Brazos County Home Demonstration Agent for the month of z
August, 1959.
4 William T. Sistrunk, Brazos County Agricultural Agent, for the month of
August, 1959.
E. Lloyd Joyce, Assistant Agricultural Agent, for the month of August, 1959.
E.O. Pace, Negro County Agricultural Agent for the month of August, 1959.
Fannie J. Taylor, Negro County Home Demonstration Agent for the month of
l August, 1959.
j B.V. Elkins, Chairman of the Brazos County Welfare Board, for the month
of August, 1959.
I B.V. Elkins, County Veterans Service Officer, for the month of August, 1959.
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 according to duplicate copies of Treasurer's official receipts attached thereto
W.C. Davis, County Judge . . . . . . . . . . . . . . . . . . .3 54.50
A.B. Syptak, County Clerk . . . . . . . . . . . . . . . . 3,486.80
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J.W. Hamilton, Sheriff . . . . . . . . . . . . . . . . . . 1,048.75
John M. Barron, County Attorney . . . . . . . . . . . . . 1,363.40
F.T. Cole, Clerk of the District Court. . . . . . . . . . . . 96.05
Raymond B. Buchanan, Tax Assessor and Collector . . . . . . . 1,128.94
H.L. Graham, Justice of Peace, Precinct 4, Place It
Fees collected and remitted to Brazos County . . . . . . . 418.35
Fees to be paid by County for 53 cases O $4.00 . . . . . . 212.00
Johnny Johnson, Justice of Peace, Precinct 4, Place 2:
Fees collected and remitted to Brazos County . . . . . 706.00
Fees to be paid by County for 58 cases O 34.00 per case . . 232.00
Virgil Estill, Constable, Precinct 4 . . . . . . . . . . . . 12.00
Fred A. Wehrman, Justice of Peace, Precinct 5 . . . . . . . . none
At the request of Mr. Bernard J. Vogelgesang, Juvenile Probation Officer, for a new
typewriter in his office, the County Judge laid before the Court the following bide for
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such typewriters
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1 BRYAN BUSINESS MACHINE COMPANY
Olympia standard typewr ter, Model SG-1, 12 inch carriagege
92 characters with half spacing ratchet, automatics paper
1 injector with sets from 3 to 18 spaces, end of page indica-
tor with an interchangeable carriage which can be changed by
the operator, automatic horizontal double spacing key . . . . . f 159.95
BRYAN OFFICE EQUIPMENT COMPANY
I Remington n Standard Typewriter, 13" carriage pica type. 200.50
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CATES TYPEWRITER COMPANY
yal etandar typewriter . . . . . . . . . . 200.25
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The Court having found and determined that the proposal of the Bryan Business Machine
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Company was the best proposition available for such typewriter, on motion duly seconded
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September 14, 1959
and unanimously adopted, the Court voted to accept the proposal of said,Bryan Business
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Machine Company and bArthe Olympia typewriter for the sum of $159.95.
In accordance with preliminary action on January 12, 19599 the Court received from the
State Highway Department formal contractual agreement for right of way procurement, duly
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executed as of August 319 1959, and which is as follows and which is accompanied by ,
Highway Department's Administrative Order No. 8-57, dated April 4, 1957, also copied
belowt
"CONTRACTUAL AGREEMENT ;
FOR
RIGHT OF WAY PROCUREMENT `
(COUNTY FORM)
THE STATE OF TEXAS ,
COUNTY OF TRAVIS ,
This agreement entered into this 31 day of August, 1959, 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 official under Commissions
Court Order, dated 10th day of August, 1959, hereinafter called the County.
WHEREAS, the State and the County entered into Contractual Agreements for procurement of
right of way on the following projects on the dates indicated:
Highway Project No. Limits Date of Agreement
State 6 RW 50-1-27 From College Station July 15, 1957
RW 50-2-25 to Grimes County Line
U.S. 190 RW 117-2-12 From a Point 6,288 Feet West August 21, 1957
, Navasota River to Navasota River
and,
WHEREAS, the State and County desire to replace said prior Contractual Agreements by en-
tering into the present contract of this date in order to effectuate certain recent
• changes in policy pronounced by the State Highway Commission which will be mutually bene-
ficial to both the State and the County;
NOW9 THEREFORE, be it AGREED that acquisition of such right of way shall be in accordance
with the terms of this contract. 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
cost of such right of way providing such acquisition and reimbursement are accomplished
according to the provisions outlined herein and agreed to by both parties hereto.
LOCATION SURVEYS AND PREPARATION OF RIGHT OF WAY DATAt The State, without cost to the
County, will o the necessary preliminary eng near ng and title search in order to supply
to the County the data and deed instruments required for right of way purchase.
~i DETERMINATION OF RIGHT OF WAY VALUES. The County agrees to make a determination of prop-
erty values for each right o way parcel by methods acceptable to the County and to submit
to the State's District Office a tabulation of the values so determined, signed by the
appropriate County representative. Such tabulation shall list the parcel numbers, owner-
ship, acreage and recommended compensation. Compensation shall be shown in the component
parts of land taken, itemization of improvements taken, and (if a partial taking) damages
if any, or enhancements, if any, to the remainder. This tabulation shall be accompanied
by an explanation to support the determined values, together with a 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 right to perform at its own expense any additional inves-
tigation deemed necessary, including supplemental appraisal work by State employees or by t
employment of fee appraisers, all as may be necessary for determination of values to x
constitute the basis for State reimbursement. 'S
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If at any stage of the project development it is determined by mutual agreement between'
the State and the County 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 County will make appropriate written notice to the State of such waiver,
such notice to be acknowledged in writing by the State. In instances of such waiver, the
State by its due process and at its own expense will make a determination of values to
constitute the basis for State reimbursement.
NEGOTIATIONS, The State will notify the County as soon as possible as to the State's
• eterm nation 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 coats incidental to gr,'
negotiation and the costs of recording of the right of way instruments will be the respon-
sibility of the County. The cost of title insurance will be the responsibility of the n,
State.
CONDEMNATION: Condemnation proceedings will be initiated at a time selected by the
County an will be the County's responsibility at itelown expense except as hereinafter 1
indicated. Except as hereinafter set forth under"Excess Taking", the County will file
condemnation proceedings in each case in the name of the State and in eQch,,oase the Judg- +
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e be 1 1959
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Sent of the court will decree title to the property oondemned in the name of the State
Eligibility for State reimbursement of values determined by such oondemnation proceeds
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shall be subject to the conditions as hereinafter outlined under the sections entitled
"Reimbursement". The cost of title insurance will be the respo ( nsibility of the State.
COURT COSTS COSTS OF SPECIAL COmmI93I0NEm3' HEARINGS AM) APPRAISAL EXPENSBI Oourt
costa an costs of pec a Commissioners' Hearings assessed against t e tate or Count
in condemnation proceedings conducted on behalf of the State, and fees incident there-
to, will be paid by the County. Such costs and fees as are applicable to the requests
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right of way, with the exception of recording fees, will be eligible for 50 per cent
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State reimbursement under the established reimbursement procedure provided such costs
and fees are eligible for payment by the State under existing State law. Where the
County uses the State's appraisers employed on a fee basis in Special Commissioners'
hearings or subsequent appeals, the cost of the appraiser of updating his report, of
preparing new reports, preparing for court testimony and appearing in court to tes-
tify in support of his appraisal, will be paid direct by the County, but will be
eligible for 50 per cent State reimbursement under established reimbursement procedure
provided prior approval for such appraiser has been obtained from the State. The fee
paid the appraiser by the County shall be in accordance with the fee schedule set fort
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in the appraiser's contract for appraisal services with the State. Reimbursement for
court costa, costs of Special Commissioners' hearings, and the cost of the State's
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appraiser as herein set forth will not be paid by the State where the property con-
demned involves an excess taking, unless the State approves the excess taking.
EXCESS TAKING* In the event the County desires to acquire land in excess of that re-
quests by -t e State for right of way purposes, the State's cost participation will be
limited to the property needed for right of way purposes. If the County elects to ao-
quire the entire property, including the excess taking, by a single instrument of con-
veyance or in one eminent domain proceeding, the property involved will be acquired in
the name of the County and that portion requested by the State for right of way will b
conveyed to the State. The State's participation will be based on the State's approve
value of that part requested for right of way purposes, providing such approved value
does not exceed actual payment made by the County.
DISPOSAL OF IMPROVEMENTS' It is agreed that the State's participation in the cost of
improvements will be based upon approved value. The aisposition of improvements may
be in accordance with State Highway Department Administrative Order 8-57, a copy of
which is attahhed hereto and marked Exhibt "A". Wh re the owner retains an improve-
ment, which is to be moved by either the County or the owner, a maximum amourn
in which the State will participate is that figure derived from an application of the
provisions of Administrative Order 8-57. In the event the improvements which are in
whole or part, a part of the right of way taking are not retained by the owner, title
is to be secured in the name of the State. The State will participate in the ac-
quisition of a structure severed by the right of way line if the part of the house,
building or similar structure outside the right of way cannot be reconstructed ade-
quately or there is nothing but salvage left, and provided title to the entire struct
ure is taken in the name of the State. The State shall dispose of all improvements
acquired. Revenue derived by the State 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 project
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encroac es upon an existing utility located upon its own right of way acquired for
utility purposes, and the proposed highway construction requires the adjustment, re-
moval or relocation of the utility facility, the State will establish the necessity fo
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the utility work, and if State Cost participation is desired, the State prior to the
actual accomplishment of such work will establish eligibility and reach an agreement
with the owners of the utility facilities and the County on the exact lump sum amount
of reimbursement based upon a prior appraisal. This agreement will be accomplished by
the execution of a three party contract among the State, the County and the utility
owners. The reimbursement b
the Co
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e owners of the utility facilities will
be made after proper certification has been made that the work is accomplished, said
reimbursement being on the basis of the prior lump sum agreement. The State will re-
imburse the County in an amount equal to 50 per cent of this firm commitment as paid
to the utility owner. The foregoing is subject to the provision that the individual
lump sum approved value shall not exceed $20,000, except as specifically approved
by the State. In those cases %here a single operation is estimated to exceed $20,000,
the transaction will be brought to the attention of theState for determination of pro-
per handling based upon the circumstances involved. Such utility firm commitments wil
be an appropriate item of right of way. The adjustment, removal or relocation of any
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utility line on publicly owned right of way by sufferance or permit will not be elig-
ible for State reimbursement. The term "utility" under this contract shall include
publicly, privately, and cooperatively owned utilities except railroads.
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FENCING REQUIREMENTS Where fencing 1s to be a part of the cash consideration paid to
t e property owner, the appraised estimated cost of fencing will be included in the ap
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praisal, the recommended value and the approved value.
Where the County performs right of way fencing as a part of the total right of way con
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sideration, the estimated cost of required fencing will not be included in the apprai-
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sal, the recommended value or the approved value for each parcel. The State and the
County will reach an agreement prior to the actual accomplishment of work as to the
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necessity, eligibility, and firm commitment of the entire fencing work to be performed
on each project. The State's 50 per cent reimbursement to the County will be made a-
fter roper certification has been made that the work is accomplished and payment made
thereror, said reimbursement bein
on the b
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as
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the prior appraisal and lump sum
agreement. The foregoing is subject to the provision that the individual lump sum
approved value shall n
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excee
820,000, except as specifically approved by the State.
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th
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ose cases where a single operation is estimated to exceed 820,000, the transactio
will be brou
ht to the att
ti
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en
on of the State for determination of proper handling bas
ed upon the circumstances involved.
RF1?BCR9:;wENT: The State will reimburse the County for right of way acquired after
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-i uate of this contract in an amount not to exceed 50 per cent of the cost of the
right of way acquired in accordance with the terms and provisions of this agreement'.
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September 14, 1959
The State's reimbursement will be in the amount of 50 per cent of the State's predetermij
value of each parcel, or the net cost thereof, whichever is the lesser amount. The
State will reimburse the County in the amount of 50 per cent of the predetermined values
of utility adjustments and right of way fencing preformed by the County in accordance
with the terms and provisions of separate contracts to be executed.
If condemnation is necessary and title is taken as set forth herein under the section
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headed "Condemnation", the participation by the State shall be based on the final
judgment, 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 become a party to the suit at any time for all purposes, includ-
ing 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
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authorized and requested by the Texas Highway Department which is needed 4wd 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.
It is hereby mutually agreed by the parties hereto that effective on the date of the
execution of this Contractual Agreement by the State the aforesaid existing Contractual
Agreements between the parties hereto on the aforesaid projects are terminated. How-
ever, it is specificAlly understood and agreed by the parties hereto that all actions
taken and in the process of being completed under the aforesaid existing Contractual
Agreements are validated and retified by the parties to this Contractual Agreement.
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BRAZOS COUNTY TEXAS THE STATE OF TEXAS
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BY: /s/ W.C. Davis Certified as being executed for the
untY Judge r purpose and effect of activating and/or
carrying out the orders, established ^
policies, or work programs heretofore
approved and authorized by the State
Highway Commission:
By: /s/ D.C. Greer 8/31/59
Executed as tats Highway gineer an
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approved for State Highway Commission.
ATTEST: RECOMMENDED FOR APPROVAL
e/ C.B. Thames 1
3 E A L District Engineer
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/s/ A.B. SYDtak L V
/s/ R.C. Good ~
ounty clerk o Brazos oun y, Texas rogram Engineer
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Is/ T.N. Huff
ChhieEngineer o i way Design
_ /e/ A.F. Christian
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=ght o ay Engineer
Exhibit "A"
TEXAS HIGHWAY DEPARTMENT "T
Commission Austin 14, Texas State Highway Engineer
E.N=ihornton, Jr. Chm. D.C. Greer y - , ;r ?
Marshall Formby April 4, 1957
Herbert C. Petry, Jr. c~
In reply refer to '
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ADMINISTRATIVE ORDER NO. 8-57 File No. DCG
SUBJECT: POLICY ON DISPOSAL OF IMPROVEMENTS OR STATE PURCHASED RIGHT OF WAY
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TO: ALL DISTRICT ENGINEERS, ENGINEER-MANAGER AND DIVISION HEADS
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Gentlemen:
The rapid progress of the State Right of Way Purchase Program indicates the
necessity of having a well defindd policy for the disposition of improvements
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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 0
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statbacae 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 ~
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the improvements. The cost to the property owner to retain his improvement
-will be Figured as indicated below,
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'I. Frame 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 20% of
the appraised value of the retained improvement.
(b) Continuous Beam Foundation. The owner will be permitted to
retain this type o structure•if he consents to reduoing the
purchase price for hie property by an amount equal to 15'1 of
the appraised value of the retained improvement.
A
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September 149 1959
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(o) Concrete Slab Foundation. The owner will be permitted to
rat n t a type o 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.
2. Brick Rock Stone. Veneer and Stucco Buildings.
(a) Pierl r Block Foundation. The owner will be permitted to
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rata n t e type o structure if he consents to reducing the
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purchase price for his property by an amount equal to 159 of
the appraised value of the retained improvement.
(b) Continuous Beam Foundation. The owner will be permitted to
retain this type o structure if he consents to reducing the
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purchase price for his proper
the appraised value of the retained improvement.
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Zc) Concrete Slab Foundation. Thw owner will be permitted to
retain t a type of structure if he consents to reducing
the purchase price for his property by an amount equal to
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5% of the appraised value of the retained improvement.
3. Miscellaneous Improvements, e.g., well pumps, fences, etc., may be U
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retains by the owner if he consents to reducing the purchase
price for his property by an amount equal to 20j& of the ap-
praised value of the retained improvement. ,
Any 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. Where an owner elects
to retain improvements under the above procedure, the Contract of Sale or the
Memorandum of Agreement shall include a provision covering the agreement and
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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,
/a/ D. C. Greer
D. C. Greer
State Highway Engineer
Distributions
strict Engineers
Resident Engineers
Engineer-Manager
Division Heads"
Whereupon, the Court adjourned.
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ORDER DECLARING RESULTS
ELEMION
THE ST
TE OF TES
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COUNTY OF BRAZOS 8
On this the 21st day of September, 1959, came on to be considred before W.O. Davis
County Judge of Brazos County, Texas, A.B. Syptak, County Clerk of Brazos County, Texas,
and Johnny Johnson, Justice of the Peace of Precinct No. 4, Place 2, of Brazos County,
Texas, said parties hereinafter called Election Board, the returns of an election helfl
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in Commissioner Precinct No. 1 in said county on the 19th day of September, 1959, to de-
termine whether br_not horses and cattle shall be permitted to run at large in said
county.
It appearing to said Election Board that said election was duly and legally held
and that notice of said election was duly and legally given.
It further appearing to said Election Board that the returns of said election have
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been duly and legally made.
It is, therefore, found and delCared and so ordered by.@4id Election Board that
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there were cast at said election 243 valid and legal votes, of which number there were
casts
FOR THE STOCK LAW . . . . . . . . . . . . . . . . . . . 157 votes
AGAINST THE STOCK LAW . . 86 votes
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It is, therefore, found, declared and so ordered by said Election Board that a
majority of the freeholders and qualified voters in said Precinct No. 1 in Brazos County,
proposition. k , ,
{ voting at said election voted for said
This order shall be duly recorded in the Minutes of the Commissioners' Court of
this county as required by Article 6961 of the Revised Civil Statutes of the State of-,
Texas. J
, The above order being read, it is moved and seconded that same do pass. Therefore
the question being called for, the following members of the Board voted AYE: W.C. Davis,
A.B.'Syptak, and Johnny Johnson, and the following voted NO: none.
PASSED, APPROVED AND ADOPTED this the 21st day of September, 1959. '
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CouRy Judge, Brazos County, Texas
County Clerk, razor County, Texas
Justice o the eace, Precinct No. T. -P aee
2, Brazos County, Texas.
PROCLAMATION
THE STATE OF TEXAS Q
COUNTY OF BRAZOS QQ
• Whereas, an election was duly and legally held in Commissioners Precinct No. 1 in
Brazos County, Texas, on the 19th day of September, 1959, to determine whether or not
horses and cattle shall be permitted to run at large in said Precinct 1 in said county=
and
Whereas the returns of said election were duly and legally made and on the 21st day
of September, 1959, the Election Board considered the several returns and canvassed the
same and by order duly entered declared that a majority of the freeholders and qualified
voters in said Precinct 1 in said county voting at said election, voted for said propo-
eition=
Now, therefore, I, W.C. Davis, in my capacity as County Judge of Brazos County,
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Texas, do hereby issue this proclamation declaring the result of said election.
That as found and declared by the above mentioned order of the Election Board there
were cast at said election 243 valid and legal votes, of which number 157 votes were cast
"FOR'THE STOCK LAW" and 86 votes were cast "AGAINST THE STOCK LAW."
I hereby find and declare that a majority of the freeholders and qualified voters in
said county, voting at said election, voted for said proposition and that after the ex-•
piratlon of thirty days from'the issuance of this proclamation it'shall be unlawful'to per-
mit cattle to run at large in this Commissioners Precinct No. 1 in Brazos County.""'
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A copy of this proclamation shall be posted at the courthouse door ofthis-county
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as provided by law..
ORDERED AND ISSUED, this the 21st day of September, 1959.
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/s/ W.C. Davis - '
r , nLro~u`-ty Judge, Brazos County, Texas.
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The foregoing minutes, beginning on Page 264, and concluded on page 269 were
examined and approved in open Court qn this the 12th day of October, 1959.
W.C. Davie, Ra n Rolan George ,
County Judge. eaioner, Precinct 1 Commissioner, Pot. 2
Clyde J. Porterfield, W.A. §tasny,
CCommissioner, Precinct 3 Commissioner, Pot. 4„
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REGULAR FETING. OCTOBER 12. 1959
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A regular meeting of the Commissioners' Court of Brazos County, Texas, was held
in the commissioners' courtroom in the courthouse at Bryan, Texas, beginning at 10 0'cl
A.Y. on Monday, October 124 1959, with the following presents
W.C. Davis, County Judge, presiding;
Raymond A. Nolan, Commissioner of Precinct Number 1;
George Dunn, Commissioner of Precinct Number 2;
Clyde J. Porterfield, Commissioner of Precinct Number 31
W.A. Stasny, Commissioner of Precinct Number 4; and
A.B. Syptak, County Clerk.
The Court received, approved, and ordered filed as submitted the following
reports s
Bernard J. Vogelgesang, Probation Officer, for the month of September, 1959.
Miss Emily Ritter, Brazos County Home Demonstration AGent, for the month of
September, 1959.
William T. Sistrunk, Brazos County Agricultural Agent, for the month of September,
1959.
E. Lloyd Joyce, Assistant Agricultural Agent, for the month of September, 1959.
E.O. Pace, Negro County Agricultural Agent, for the month of September, 1959.
Fannie J. Taylor, Negro County Home Demonstraton Agent for the month of
September, 1959.
B.V. Elkins, Chairman of the Brazos County Welfare Board, for the month of
September, 1959.
B.V. Elkins, County Veterans Service Officer, for the month of September, 1959.
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 according to duplicate copies of Treasurer's official receipts attach-
ed thereto:
W.C. Davis, County Judge . . . . . . . . . . . . . . . . . S 79.00
A.B. Syptak, County Clerk (fees and fines of Co. Ct.). . . 470.20
A.B. Syptak, County Clerk (fees) . . . . . . . . . . . . . 2,118.30
J.W. Hamilton, Sheriff . . . . . . . . . . . . . . . . . . 732.68
John M. Barron, County Attorney . . . . . . . . . . . . . . 1,681.50
F.T. Cole, Clerk of the District Court . . . . . . . . . . 283.00
Raymond B. Buchanan, Tax Aseessor and Collector . . . . . 838.40
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