HomeMy WebLinkAbout1960-01-11-1000AM-Regular i
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December 14, 1959
On motion made, seconded and unanimously passed, the Court voted to approve the
plat of the George McCulloch Subdivision in Brazos County, with the understanding that
the County would be under no obligation to build, construct or maintain any of the
streets or roads in said subdivision. '
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After much discussion by the Court, on motion duly seconded and nunanimously pass d,
the Court voted to settle the condemnation suit pending against Nick Philapello and wife
for the sum of 8500.00 to be paid to Mr. Philapello upon he and his wife executing a doe
conveying the right of way property to the State of Texas.
On motion duly seconded and unanimously adopted, the Court voted to pay all bills
which have been properly filed and approved.
Whereupon, the Court adjourned.
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REGULAR MEETING - JANUARY 11. 1960
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 o'clo ®
a.m., on Monday, January 11, 1960, with the following presents
W.C. Davis, County Judge, Presiding;
Raymond A. Nolen, Commissioner of Precinct Number 1;
George Dunn, Commissioner of Precinct Number 2;
Clyde J. Porterfield, Commissioner of Precinct Number 31 and
W.A. Stasny, Commissioner of Precinct Number 4.
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The Court received, approved and ordered filed as submitted the following -
reports:
Bernard J. Vogelgesand, Juvenile Probation Officer, for the month of December,
1959.
Charles H. Yates, Adult Probation Officer, for the month of December, 1959.
Miss Emily Ritter, Brazos County Home Demonstration Agent, for the month of
December, 1959. _ .
William T. Sistrunk, Brazos County Agricultural Agent, for the month of
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E. Lloyd Joyce, Assistant Agricultural Agent, for the month of December, 1959.
E.O. Pace, Negro County Agricultural Agent, for the month of December, 1959.
Mrs. Fannie J. Taylor, Negro County Home Demonstration Agent, for the month
of December, 1959. ,
Brazos County Welfare Board, by B.V. Elkins, Chairman,'for the month of
December, 1959.
B.V. Elkins, County Veterans Service Officer, for the month of December, 1959.
The Court received, considhred 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
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W.C. Davis, County Judge . . . . . . . . . . . . . . . . 8 57.50
A.B. Syptak, County Clerk (fees & fines of County Court) 595.04
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A.B. Syptak, County Clerk (fees of office) . . . . . . . 1,607.85
J.W. Hamilton, Sheriff . . . . . . . . . . . . . . . . 1,040.75
John M. Barron, County Attorney . . . . . . . . . . . . 1,992.71
F.T. Cole, Clerk of the District Court . . . . . . . . . 193.60
Raymond B. Buchanan, Tax Assessor and Collector . . . . 1,916.70
H.L. Graham, Justice of Peace, Precinct 4, Place 1t. . .
Fees Collected and remitted to Brazos County . . . 681.45
Fees to be paid by County for 93 oases m 84.00 . . . . 372.00
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Johnny Johnson, Justice of Peace, Precinct 4, Place 2:
Fees collected and remitted to Brazos County . . . . 3 569.70
Fees to be paid by County for 78 cases 0 $400 . . . 312.00,
Fred A. Wehrman, Justice of Peace, Precinct 5 • Hone.
B.V. Elkins, County Treasurer for Commissions drawn .as
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for period July 1, 1959 through November 1959 2,272.69
A number of citizens from the South end of the County appeared before the
Court to request that the County take action to force Marion C. Pugh to open a road
that he had closed by placing a gate across same, said road being commonly known as
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the"Sulphur Springs Road" and extending across a tract of land owned by Pugh to the
Navasota River, it being the opinion of t$e group that said road was s Public Road.
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The County Judge reported that he had requested an opinion from the County Attorney as
to the possibility of the County taking legal action to require Mr. Pugh to open such
road and had received the following letter from John M. Barron, the County Attorney:
"OFFICE OF
THE DISTRICT ATTORNEY
BRAZOS COUNTY
JOHN M. BARRON BRYAN, TEXAS Brooks Cofer
District Attorney Assistant District Attorney Ci
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Commissioners Court of Brazos County,
$ryan, Texas.
Re: Road crossing Marion Pugh property to Navasota
River
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Gentlemen:
I have made a search of the record to determine whether or not the above road
or right-of-way is an official County road. It appears that such road, if any, is not-
an official county road, but that any use theredf has been by parties personally
interested. Therefore, there is no duty on the County one way or the other. In fact,
it would be unlawful for any County employee or officer to force the issue.
This matter is one which is purely private. If this road has been used by
a portion of the public for more than 10 years under an adverse claim of right which
can be measured by the circumstances of the use, it is possible that a right of way
can be established by prescription, or limitation. It would be the duty of those
interested in adjudicating this question to file suit in District Court to determine
this issue of title.
Very truly yours,
/s/ Jno. M. Barron
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County Attorney
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No decision was reached on the above matter, but it was decided that the
County Judge and Commissioner of Precinct 1 call on Mr. Pugh and determine if the
matter could not be settled amicably and the road re-opened.
On motion made, duly seconded and unanimously passed, the Court voted to _
raise the salaries of the Chief Mechanic and Caretaker at County Shop from $3,600.00 and
$3,000.00 to 83,900.00 and $3,120.00 respectively, effective February 1, 1960.
The Tax Assessor and Collector, M
. Buchanan, requested that two of his deputie,
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salaries be raised from $3,200.00 to $3,300.00 each, and one deputy from $2,650.00 to
$2,700.00, and a 4th deputy from $2,650.00 to $2,400.00, and on motion made, duly seconded
and unanimously passed, such changes were voted by the Court.
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, On motion made, seconded and unanimously passed, the budget setting the salaries
ofl'the County officials and employees, with the above exceptions, was approved.
i, On motion duly seconded and unanimously paseed,-the Court voted to allocate l,'
to the four precincts on the following basis the item carried in the Road and Bridge
Budget for 1960 as "Precinct Operating Budget":
Precinct Percentage Amount -i
2 2896 $47,600.00
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3 1696 $27,200 .00
9Rd 24 .600.00
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On motion made, seconded and unanimously passed, the Court voted to leave the
item in the Road and Bridge Budget for 1960 designated as Reserved for possible purchas
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of R 0 R and Fencing . .85,780.00 intact and not allocate same to the different pre-
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tints.
On motion made, duly seconded and unanimously passed, the Court voted to proceed
with the remdiding portion of the fencing needed on State Highway No. 6 South and all
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commissioners agreed to furnish manpower for use of Commissioner Nolan to complete
such fencing.
The report of the County Auditor was received showing the following summary of
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cash receipts and disbursements:
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SUMRY OF CASH RECEIPTS AND DISBURSEMENTS }
January Through December 1959
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Fund Balance Total Balance i
1-1-59 Receipts Available Spent 1-1-60
Permanent Improvement. . $11,650.25 $79,410.64 $91,060.89 $66,255.99 824,804.
Road and Bridge . . . . 10,442.05 252,850.31 263,292.36 266,530.31 - 3,237.0
General . . . . . . . - 6,374.19 114,986.37 108,612.18 91,363.54 17,248.(4
Salary . . . . . . . . . 4,854.68 106,480.27 111,334.95 104,566.64 6,768. 1
Interest and Sinking . . 26,255.94 5,526.61 31,782.55 16,946.76 14,835.
Jury . . . . . . . . . 17,315.34 12,436.07 29,751.41 26,002.56 3,748. 5
Terracing. . . . . . . . 510.71 9,038.46 9,549.17 4,245.56 5,303. 1
Social Security. . . . . 3.054.27 12.304.41 15.358.68 11,374.64 84.
TOTALS . . . . . . . . . 8679709.05 $5939033.14 $660,742.19 $587,286.00 873,456.1
In accordance with preliminary action on December 14, 1959• the Court received fron
the State Highway Department formal contractual agreement for right of way procurement,
duly executed as of December 229 1959, and which is as follows:
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY FENCING
(COUNTY FORM)
STATE OF TEXAS COUNTY Brazos
PROJECT -
COUNTY OF TRAVIS HIGHWAY State
This agreement entered into this 22 day of December, 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
Commissioners Court Order dated 14yh day of December, 1959, hereinafter called the Coun-
ty.
WHEREAS, the State and County have previous to this date entered into a contract agree-
ing to handle by separate contract fencing when to be done by the County on the subject
project on the basis of a predetermined firm commitment for right of way reimbursement
approved by the State;
NOW, THEREFORE, be it mutually agreed that this contract entered into this date between
the parties hereto is intended to implement and effectuate the terms and provisions of
that contract of August 31, 1959, as it pertains to right of way fencing to be done by
the County, entered into between the hereinstated parties.
Both parties to this contract recognize and agree to the mecessity, elgibility and firm
commitment for right of way reimbursement, as hereinafter set forth, of the entire
fencing work to be covered by this contract and performed by or for the County.
The attachment, Firm Commitment For Right of Way Reimbursement, for fencing, marked
Exhibit A is hereby incorporated into and made a part of this contract. This firm
commitment for right of way reimbursement constitutes the extent and nature of fencing
work to be performed by or for the County under the terms of this agreement.
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Upon completion of all fencing work required under the provisions of this contract, the
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County will submit with its billing to the State proper certification that such work
has been satisfactorily accomplished and paid for.
y The parties hereto mutually agree that the predetermined firm commitment for right of
way reimbursement to cover the cost of fencing work to be performed under this contract
in in the amount of 89,506.50.
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January 11, 1960
It is further understood and agreed that upon compliance with the terms of this contract,
and upon proper billing the State will reimburse the County in the amount of 50! .Per cent
of the firm commitment for right of way reimbursement as herein agreed to under the
foregoing paragraph.
BRAZOS COUNTY, TEXAS THE STATE OF TEXAS
BY: /s/ W.C. Davis _ Certified as being executed for
county Judge the purpose and effect of activating
` and/or carrying out the orders,
established policies, or work pro-
grams heretofore approved and
authorized by the State Highway
Commission:
ATTEST: By: s/s D.C. Greer
Executed as state Highway Engineer
and approved for State Highway
/e/ A.B. $ritak Commission.
County Lle 07 Brazos County
}COMMENDED FOR APPROVAL
S E A L
/e/ C.B. Thames
District Engineer
/s/ A.H. Christian
xight o ay Engineer
Commissioner Stasny laid before the Court the following bide for a truck lift
needed at the County Shop for consideration: „
DAVIS AUTO SUPPLY COMPANY. 309 North Washington, Bryan, Texas
One FDA Two Post 20,000 Lbs. lift S1200.00
To remove old lift, install new lift and
pur 30" x 30" ft. concrete 4 in. thick - .000 - - a
Total
BRYAN AUTO SUPPLY 320 North Bryan Street, Bryan,
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1 HDH - Western Lift, 2 poet 20,000 lbs. full hydrolic complete 119351.00 ,
Labor install above includes all fluid and necessary materials
for installing 30 x 30 ft 4" 3000# concrete floor 831-50
Total ,
FRANK COOLIDGE. West 25th and Sandy Point Road, Bryan, Texas. .
I W-Sair - 1D10 Full Hydralic 2 poet lift with short and t
long rails front and rear jacks air and oil control valve ,
and tank low oil control, deadman oil control valve
2-10 9/16 cylinders, 20,000 lb cap. $1,450.00
Labor and material for installing of 1010 2 post lift I
includes all pipe and fittings and 75 gal of oil for lift
1 30 x 30 ft 4" concrete floor around lift 4000# concrete
Removal of 8000# Curtis lift removal of old floor 562.0
3,01
Lees trade in on old lift
TFI 150-00
It appearing to the Court that the proposition of the Davis Auto Supply Company
is the low bid and the court having determined and found that such is the beet price
available for such lift, on motion made, duly seconded and unanimously passed, the Court
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voted to accept the proposal of the Davis Auto Supply Company and purchase the lift
set forth in their specification for the sum of 51,733.00.
On recommendation of Oommissioner George Dunn, and upon motion duly made,
seconded and unanimously passed, the Court voted to authorize Commissioner Dunn to sell
for scrap or junk 3 obsolete vehicles owned by the County and used by Precinct 2, to-wit:
f 1950 2-ton Chevrolet dump truck, without bed and wheelel 1 1948 Studebaker pick up+
truckl and 1 1949 Dodge pick up truck, said vehicles to be sold at the highest price
obtainable. Also, on recommendation of Commissioner Clyde J. Porterfield, the Court
on motion duly made, seconded and unanimously passed, authorized the sale of one obsolete
Farmall tractor for the best'price obtainable, said tractor being used by Precinct 3.
`i On motion duly seconded and unanimously adopted, the Court voted to pay all
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January_ 11, 1960
bills which have been properly filed and approved.
Whereupon, the Court adjourned.
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SPECIAL MEETING - JANUARY 15, 1960
A special meeting of the Commissioners Court of Brazos County, Texas, was held in
the Commissioners' Courtroom in the Courthouse at Bryan, Texas, beginning at 10 o'oloo
A.M. on Priday, January 15, 1960, with the following presents
W.C. Davis, County Judge, Presiding;
George Dunn, Commissioner of Precinct Number 2;
Clyde J. Porterfield, Commissioner of Precinct Number 3; and
W.A. Staeny, Commissioner of Precinct Number 4.
The purpose of the meeting was to open bide for the purchase of a truck to be
purchased by the County for the use of Precinct 2, such bide being laid before the
Court by Commissioner Dunn:
INTERNATIONAL HARVESTER COMPANY, by McCormick Parm Equipment Store, Bryan, Texas
One B162 Model, 141" wheel base, reg cab, 750x20 10 Ply front
tireq. 825x20 10 Ply rear tires, BD 264 gas engine, H D rear
Springs, Dir Signals Frt and Dbl faces, 11" clutch, increased
cooling, 2 sp rear axle, 2 out side mirrors, heater/defroster,
mud grip on the rear tires, PTO installed 82,745.00
HALSELL MOTOR COMPANY. INC., 1411 Texas Avenue, Bryan, Texas '
New 1960 D500 129" wheel base, Chasesy and Cab, 2 Ton,
equipped as follows. Heater and defroster, turn signals,
West coast mirrove, two speed rear axle, 750 10 ply front
tires, 825 10 ply rear tires, Heavy duty springs,-front and
rear, overload rear springs, power take off, heavy duty brakes,
anti freeze
Net F.O.B. Bryan . . . . . . . . . . . . . . . . . . . . . . . . $2,625.00
CADE MOTOR COMPANY. 1309 Texas Avenue, Bryan, Texas
1960 Ford truck, with following equipment: (F600 130" wheel base)
2 speed axle, heater, turn signals, heavy duty frontsprings, rear
springs, 4 825x20 8 Ply Rear tires, V8 engine, R & L outside rear
view mirrors, power take off, freight . . . . . . . . . . . $2,697.00
CORBUSIER CHEVROLET COMPANY, College Avenue at 30th St., Bryan, Texas
1960 Chevrolet chassis and cab with 145" wheelbase and following
equipment: 7:50 x 20 - 8 ply front tires, 8.25 x 20 - 10 ply dual
tires, 2 speed rear axle, power takeoff, heavy duty springs, direct-
ional signals, 2 West coast side mirrors, heater . . . . . . . . .$2,945.00
On recommendation of Commissioner Dunn that he believed that the proposal of the
McCormick Farm Equipment Store for the International Harvester truck was the beet pro-
posal for the money and said vehicle more nearly fitted the need and type of truck
required, and on motion made, duly seconded and unanimously passed, the Court voted to
accept this proposal and buy the new Interaational truck for the sum of 52,745.00,
such amount to be paid from funds availablo(to Precinct 2, to which the said vehicle is
hereby allocated.
On recommendation of Commissioner Dunn and upon motion duly seconded and nunanimoue
adopted, the Court voted to purchase from the Brazos Motor Company, Bryan, Texas, one
1953 International 2 ton truck, for the cash difference of $500.00 after trade in
allowance for 1950 Studebaker truck, to be paid from funds available to Precinct 20 to
which the said vehicle is hereby allocated.
On motion, the meeting adjourned.
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REGULAR MEETING - FEBRUARY 8. 1960
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 o'clocl
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