HomeMy WebLinkAbout1963-03-11-1000AM-RegularMarch 6, 1963,
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SPECIAL MEETING - MARCH 6, 1963
A special meeting of the Commissioners' Court of Brazos County, Texas, was held in
the Commissioners' Court room in the Courthouse at Bryan, Texas, beginning at LO 00 A M. on
Wednesday, March 6, 1963, with the following present
W. C. Davis, County Judge, presiding,
Raymond A Nolan, Commissioner of Precinct No. 1,
George Dunn, Commissioner of Precinct No 2,
G. J Porterfield, Commissioner of Precinct 3,
W A. Stasny, Commissioner of Precinct 4,
A. B. Syptak, County Clerk
The meeting was held for the purpose of considering petition filed by several
residents of Justice Precinct 5 requesting the Commissioners' Court to rescind its order of
February 11 calling for Local Option Election to be held on March 9 in Justice Precinct S.
After due consideration of such petition and the grounds stated therein, on motion
made, seconded, and unanimously passed, the Court voted to deny such petition for the
reason that the Court had no legal cause to rescind its said order or to interfere with the
holding of such election , _ 3 •
There being no further business, the meeting adjourned. ,
REGULAR MEETING - MARCH L1, 1963
A regular meeting of the,Commissioners' Court of Brazos County, Texas, was held in
the Commissioners' Court room in the Courthouse in Bryan, Texas, beginning at 10 00 A. M. on
Monday, March 11, 1963, with the following present
W. C. Davis, County Judge, presiding,
Raymond Nolan, Commissioner of Precinct No. 1,
,
George Dunn, Commissioner of Precinct No 2;
C. J. Porterfield, Commissioner of Precinct No. 3,
W A Stasny, Commissioner of Precinct No 4,
.a r 1 ,
A B. Syptak, County Clerk
} The Court received, appa6te4 and•drdered filed as submitted the following reports
B V. Elkins, Welfare Officer, for month of February, 1963,
B V Elkins, Veterans Service officer, for month of February, 1963,
Miss Emily Ritter, County Home Demonstration Agent, for month of February, 1963;
William T Sistrunk, County Agent, for month of February, 1963,
Donald Douglas, Assistant County Agent, for month of February, 1963,
E. 0. Pace, Negro County Agricultural Agent, for month of February, 1963,
Mrs Fannie J Taylor, Negro County Home Demonstration Agent, for month of
February, 1963,
tr Bryan-Brazos County Health Unit, for month of February, 1963.
The Court received, considered, and approved the following reports from County and
recinet 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 $ 86.50 '
A. B. Syptak, County Clerk (fees of office) 2,070.66
11 ,A. B. Syptak, County Clerk (fees and fines of County
Court) 697.36
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J. W. Hamilton, Sheriff 877.26
6. Brooks Cofer, Jr , County Attorney 1,748.07 4
W. D. Burley, District Clerk 296.55
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Raymond Buchanan, Tax Assessor- Collector $ 2,148.84
H. L. Graham, Justice of Peace of Precinct No, 4, Place L-
Fees collected and remitted to Brazos County $ 796 20
Fees to be paid by County for 91 caeee ® $4,00 364.00
Jess B. McGee, Justice of Peace of Precinct No. 4, Place 2•
Fees collected and remitted to Brazos County 555 45
Fees to be paid by County for 62 cases ® $4 00 248.00
0. E. (Red) Gray, Constable of Precinct No 4
Fees collected and remitted to Brazos County 66.70
The County Judge laid before the Court the following contract and agreements by
which The First National Bank of Bryan, at Bryan, Texas, was on February 11, 1963, selected
u the depository bank for all official funds of Brazos County and of the Brazos County
Common School Districts This contract and these agreements have now been approved, respects
ely,
by Honorable Robert S. Calvert, State Comptroller of Public Accounts, on February 19, 1963,
and the Texas Education Agency on February 25, 1963. The Court thereupon approved these in-
struments and ordered them recorded and filed with the County Clerk They read, as follows
"COUNTY DEPOSITORY PLEDGE CONTRACT
"STATE OF TEXAS ➢
COUNTY OF BRAZOSQ KNOW ALL MEN BY THESE PRESENTS-
"That The First National Bank of Bryan of Bryan, Brazos County, Texas, does
hereby pledge and deposit the following securities with the Commissioners' Court
of Brazos County, in the amount of Two Hundred Thousand and No/100 Dollars, upon
the terms and conditions and for the purposes hereinafter set forth
SECURITIES AMOUNT
U. S. Treasury Bonds of 1966, 3-3/8%, due 11-15-66,
Serial Nos 12740 A 12741 @ LOOM each $200,000 00
TOTAL $200,000 00
"Signed, sealed and dated this the Lith day of February, A. D. 1963.
"The conditions of the above contract are such that, whereas, the above bounden
pledgor The First National Bank of Bryan, Texas was on the Llth day of February, A.D.
1963, duly and legally chosen by the Commissioners' Court of Brazos County, Texas, as
County Depository for said county for a period of two years ending sixty days from
the time fixed by law for the next selection of a depository, upon its bidding and
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agreeing to pay the County of Brazos interest on "time deposits" on daily balances
kept in said depository of said County of Brazos at the rate of one per cent per
annum, said interest payable monthly
"NOW, THEkEFORE, if the above bounden pledgor The First National Bank of Bryan,
Texas shall faithfully do and perform all the duties and obligations devolving on it
by law as the county depository of Brazos County, and shall upon presentation pay
checks drawn on it by the county treasurer of Brazos County, Texas, on 'demand
deposits' accounts in such depository, and all checks drawn upon any 'time deposit' '
acd0ah6 46a Otsiiratiep, aittec tht ekpfdation,o6 the period of notice required in
the case of 'time deposits,' and shall faithfully keep said county funds, and
account for same according to law, and shall faithfully keep and account for all
funds belonging to the county which are deposited with it under the requirements of
Article 2547, Vernon's Annotated Revised Civil Statutes, and shall include State
funds collected by the tax collector, and shall pay the interest at the time and at
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the rate hereinbefore stipulated on 'time deposits', and shall, at the expiration
of the term for which it has been chosen, turn over to its successor all the funds,
property, and other things of value, coming into its hands as depository, then and
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March 11, 1963
" in that event this contract is to be and become null and void and the securities
above shall be returned to the pledgor, otherwise to remain in full force and
effect, hereby specially authorizing the Commissioners' Court of Brazos County,
Tekaa, to sell at public or private sale, with or without notice to the pledgor,
the securities, or any part thereof, and apply the proceeds of sale to the satis-
faction of any indebtedness arising by virtue of the violation of any or all the
conditions of this contract. - i , s
"The above provision is given in addition to any remedy the pledgee may ha•0e'1n
t any suit brought on this contract in any court in this State
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"Any suit arising out of or in any way connected aiith this contract, shall bh `
tried in the County of Brazos and State of Texas in any Court therein having
jurisdiction of the subject matter thereof
"IN WITNESS of all which we have Hereunto set our hands and the said First
National Bank of Bryan, Texas has caused these presents to be signed with its
name and by its president and attested and seated with its corporate seal the
day and year first above written }
"Attest 1 , , "The First National=Bank of Bryan,~lexaa
/a/ .A.rNigh By /e/ Travis B. Brya President r
Cashie
1 (SEAL)
"ACKNOWLEDGMENT „
"STATE OF TEXAS J{ I r
COUNTY OF BRAZOS
"BEFORE ME, a Notary Public on this day personally appeared Travis B. Bryan,
Jr President of The First National Bank of Bryan, Texas, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged
td,me that he executed the same as the act and deed of the First National Bank'
of Bryan, Texas, a corporation, for the purpose and consideration therein
expressed and in the capacity therein stated - '
1 "GIVEN UNDER MY NAND AND SEAL OF OFFICE, this the 11th day of February;
A. D. 1963 ,
/s/ Samuel R. Nigh
Notary Public in and for
(SEAL) Brazos County, Texas "
ENDORSEMENT "COUNTY DEPOSITORY PLEDGE CONTRACT, Brazos County.
'Made in the sum of $200,000 00
proved in Open Commissioners' Court, February 11, 1963
7s/ W C Davie, County Jud e, Brazos County `
Approved Feb 19, 1963, Robert S. Calvert, Comptroller."
"COUNTY DEPOSITORY PLEDGE OONTRACT TO COVER SCHOOL FUNDS
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"STATE OF TEXAS
COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS
"That The First National Bank of Bryan of Bryan, Texas, does hereby pledge
i and deposit the following securities with the Commissioners' Court of Brazos
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County, in the amount of Two Hundred Thousand (200,000 00)-And No/100 Dollars,
upon the terms and conditions and for the purposes hereinafter set forth
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t Date of Description, including' = - Date of
Issue Serial Numbers Rate Maturity Amount
3-15-61 Treasury Bonds of 1966
Serial Noe 12740 & 12741 3-3/8 ' ti-15-66 $200,000.00
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(Certified Copies of Trust Receipts to be filed with original gopy of 0
Pledge Contract) a "
These securities held by The First National Bank in Dallas, Texas
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/larch 11, 1963
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"THE CONDITIONS of the above contract are such that, whereas, the above bounded
pledgor, the First National Bank of Bryan, of Bryan, Texas, was duly and legally
chosen by the Commissioners' Court of Brazos County, Texas, as depository of the
school funds of said county for a period of two years ending sixty days from the
time fixed by Law for the next selection of a depository
"NOW, THEREFORE, the above bounden pledgor, the First National Bank of Bryan,
of Bryn, Texas, (No officer or director of which is a member of the Commissioners'
Court), agrees to the following, to-wit
"L. That it will safely keep and faithfully disburse the school funds according
to law, and pay such warrants and/or vouchers that may be legally drawn on the funds
by Legal authority, and that it will account for and report annually a statement of
such to the Commissioners' Court and to the Commissioner of Education, as is required
by law,
112. That it will comply with all the provisions of the laws of the State of
Texas relating to school fund depositories, that it will perform all duties therein
specified and will execute any and all instruments and documents necessary to
evidence Its obligation to this county,
113 That, at the expiration of the term for which it has been chosen, it will
turn over to its successor all the funds, property, and other,things of value,
coming into its hands as depository, and return the securities pledged to the
pledgor In the event of any indebtedness arising by virtue of the violation of
any or all conditions of this contract, the Commissionera' Court of Brazos County,
Texas, is hereby authorized to sell at public or private sale, with or without
notice to the pledgor, the securities or any part thereof, and apply the proceeds
of sale to the satisfaction of such indebtedness
"THE CONDITIONS of this contract are such that if the said depository bank shall
perform all obligations hereinabove specified it shall be null and void, otherwise it
shall remain in full force and effect
"The above provisions are given in addition to any remedy the pledgee may have in
any suit brought on thin contract in any court in this State Any suit arising out
of or in any way connected with this contract shall be tried in the County of Brazos,
State of Texas, in any court therein having jurisdiction of the subject matter thereof.
"IN TESTIMONY WHEREOF, witness our hands and seal this 11th day of February, A.D.
1963
Approved in Open Commissioners'
(SEAL OF BANA) Court this 11th day of February,
„The First National Bank of Bryan A. D. 1963
Bryan, Texas /s/ W C. Davis
Principal (W C Davis) County Judge
By /s/ Travis B. Bryan (SEAL OF COURT) If
President
"ACXNOWLEDGMENT
"STATE OF TEXAS II
COUNTY OF BRAZOS II
"BEFORE ME, a Notary Public, on this day personally appeared Travis B. Bryan,
President of the First National Bank of Bryan, of Bryan, Texas, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same as the act and deed of the aforementioned bank, a
corporation, for the purpose and consideration therein expressed and in the
capacity therein stated
1963 "GIVEN UNDER MY HAND AND SEAL gF OFFICE, this the 11th day of February, A.D.
(SEAS.) "/s/ Samuel R. Nigh
Notary Public in and for Brazos
"
ENDORSEMENT "COUNTY DEPOSITORY PLEDGE County, Texas
CONTRACT TO COVER SCHOOL FUNDS, Brazos County
Pledgor The First National Bank of Bryan
P 0. Address Box 833, Bryan, Texas
Approved and filed at TEXAS EDUCATION AGENCY,
Austin, Texas, February 25, 1963, By T J O'Connor, Business Manager "
"CONTRACT AGREEMENT COVERING COUNTY SCHOOL FUNDS Under FEDERAL DEPOSIT
INSURANCE CORPORATION
"TO THE COMMISSIONERS' COURT OF II
Brazos County, Texas II KNOW ALL MEN BY THESE PRESENTS
"The undersigned bank, the First National Bank of Bryan, of Bryan, Texas, a
member of the FEDERAL DEPOSIT INSURANCE CORPORATION, desires to become the county
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March 11, 1963
" "school fund depository of Brazos County, Texas, under the terms of an Act of the
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Federal Congress
providing for the prctection of deposits up to Ten Thousand F
Dollars ($10,000 00)
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"The applicant (No officer or director of which is a member of the Commissioners'
Court) agrees to become liable for all the school funds of the County of Brazos,
State of Texas, that may be deposited with it If accepted as depository, the
applicant agrees to the following, to-wit
"l That the tenure of this contract and agreement shall be for a period of "
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two years, dating from the tlth day of February, A. D. 1963, and ending sixty
days from the time fixed by law for the next selection of a depository, ,
112 That it will safely keep and faithfully disburse the school funds according
to law, and pay such warrants and/or vouchers that may be legally drawn on the
funds by legal authority, and that it will account for and report annually a `
statement of such to the Commissioners' Court and to the Commissioner of Education
,
as is required by law, N
113 That it will comply with all the provisions of the laws of the State of 11,",
Texas relating to school fund depositories, that it will perform all duties
therein specified, and will execute any and all instruments and documents "
necessary to evidence its obligation to this county
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"The officers executing this instrument have been authorized to do so in the
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form of a resolution passed and approved by the Board of Directors of the
applicant and entered of record in its minutes
"IN TESTIMONY WHEREOF, witness the name of the applicant and the seal of said
bank duly affixed by its President this the 11th day of February, A. D 1963.
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"The First National Bank of Bryan, Bryan, Texas
(Seal of Bank) By /a/ Travis B Bryan
y President
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"Approved in Open Commissioners' Court this the llth day of February, A. D. 1963.
/a/ W C Davis
(Seal of Court) (W C. Davis) County Judge of Brazos County "
"ACKNOWLEDGMENT
"STATE OF TEXAS I
County of Brazos p
"BEFORE ME, a Notary Public, on this day personally appeared Travis B Bryan,
President of the First National Bank of Bryan, of Bryan, Texas, known to me to be
the person whose name is Subscribed to the foregoing instrument, and acknowledged
to me that he executed the same as the act and deed of the aforementioned bank, a
corporation, for the purpose and consideration therein expressed and in the
capacity therein stated ,
"GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the llth day of February,A.D. 1963.
"/a/ Samuel R.
Notary Public in and for Brazos County, Texas
ENDORSEMENT "CONTRACT AGREEMENT COVERING COUNTY SCHOOL FUNDS Under
FEDERAL DEPOSIT INSURANCE CORPORATION, Brazos County
The First National Bank of Bryan, Bryan, Texas
Depository Bank
Approved and filed at TEXAS EDUCATION AGENCY, Austin, Texas
February-25, 1963, By /a/T J. O'Connor, Business Manager "
There was presented to the Court a request by David B. Cofer, Jr , County Attorney,
to increase the salary of Charles Conaway, Assistant County Attorney, from $3,900.00 per
year to $4,800 00 per year The County Judge made a motion that such salary be raised in
compliance with the above request, but such motion died for lack of a second. On motion duly
seconded, the Court then voted to take the request by Mr' Cofer under advisement.
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The County Judge then presented a request to increase the travel expense for the
Assistant County Agent of brazoe County from $600 00 to $800.00 annually On motion made and
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seconded, the Court voted unanimously to make such increase in the Assistant County Agent's
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travel expense, from $600 00 to $800 00 annually, effective March'l, 1963.
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" 1 On motion duly made, seconded', and unanimously passed; the Court voted to enter into
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a eontract'mith the C. R. Law Tax Records, Inc., of Austin, Texas, for the compilation'of the
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delinquent tax rolls of Brazos County for 1961 and 1962 at the ratb'of ten tents per lina:'
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The County Clerk then presented a request to the Court to receive bids for the pur-
chaso of filing cabinets and roller shelves needed in the County Clerks office, and on
motion made, seconded, and unanimously passed, he was authorized and directed to receive such
bids and present them to the Court for action thereon.
The Court then voted unanimously to commend Senator William T. (Bill) Moore on his
efforts to obtain a bridge across the Brazos River to replace the condemned bridge known as
Koppe Bridge, connecting Brazos and Burleson Counties, and the Court further voted to urge
Senator Moore to continue his efforts to have the State Highway Department construct ouch
bridge, which the Court believes to be urgently needed, to connect the two counties.
There was presented to the Court a report of the Brazos County Grand Jury, request-
ing voting booths for Brazos County and reservedfparking in the Courthouse parking lot and
streets adjoining the Courthouse, and on motion made, seconded, and unanimously passed, the
County Judge was authorized to investigate both of such recommendations and report to the
Court at a later date on same
Motion adopted to approve all reports and to pay all bills which have been properly
filed and approved.
WHEREUPON, the meeting adjourned.
THE STATE OF TEXAS ] IN THE COUNTY COURT
COUNTY OF BRAZOS OF BRAZOS COUNTY, TEXAS
On this, the 26th day of February, 1963, I, the County Judge of Brazos County,
Texas, canvassed the returns of the election held in the Kurten Common School District Number
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Ten on the 23rd day of February, 1963, for the purpose of voting on whether or not the said
Kurten Common School District Number Ten should be incorporated into an Independent School
District to be known as the Brazos County Independent School District of Brazos County, Texas,
which election was held pursuant to an Order entered by the County Judge on the 11th day of
February, 1963, ordering the holding of such election at Kurten, Tabor, Steep Hollow, Edge,
and Smetana, and in which Order the boundary line of such Kurten Common School District
Number Ten was fully described by metes and bounds, which metes and bounds description is
duly recorded in Volume L. page 390, of the Commissioners, Court Minutes of Brazos County,
Texas, to which reference is here made for full description of such School District, and it
appearing that the proposition voted on received the following votes
Steep
Hollow Smetana Tabor Kurten Edge _ Total
For the Incorporation of Kurten Common SchooL
Matrict No 10 into an Independent School
District of Brazos County, to be known as the
Brazos County Independent School District of
Brazos County, Texas 89 77 58 79 72 375
Against the Incorporation of Kurten Common
ScF~ ostrict No 10 into an Independent
School District of Brazos County, to be known
as the Brazos County Independent School
District of Brazos County, Texas 7 8 1 4 2 22
_197-
and it appearing to me that a total of 375 voted for the proposition and a total of 22 voted
against the proposition, and therefore a majority of the votes cast at such election were
cast in favor of such incorporation
IT IS, THEREFORE, ORDERED that said Kurten Common School District Number Ten be and
the same is hereby incorporated into and known an the Brazos County Independent School
hPi6trict of Brazos County, Texas
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Order RE- Election of
Feb 23, 1963
(cont'd)
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It further appearing to the Court and the Court finding that the following votes were
received in the election held on said 23rd day of February. 1904, for the election of seven
School Trustees ,
Edge Kurten_i Tabor Smetan Steep Hollow=, Total
Herbert Dittfurth 56 75 ,45 64 t 74 Ir 314
Hawley West 59 78 53 66 78 r . 334
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Leon Stevener 61 177 54 70, s_ 80 342
Roy Barnes 58 + 74 , 60 t 82 . , _ 83, 357
Joe Novosad 60 69 -0-54 71 74 r y'r p 328
H. L. Cargill 58 67 59 76 , •r t „ 85, , • , , s 345
Frank Nemec 39 -59 59 84 81,j F 67-, 280
Francis Bond' 49 51 40, 1 ,,,76 64_,, o- + 280 ,
Jack Irick 14,, r 1$ 1. " +1 , i . ,4
Billy J Wilson 1 ,
Lee Wilson -r -1
E. B. Peters , aS a,• r„ 1_ oe r a, . _ t, .l
M A. Cobb
Mrs. W. T. Kelly) c , r ri
Charles Payne 9 ,r r,,;1=.•;,, 9
Ed 2wiefel 2, 2 '
W. W. Humphries , , • t' , 4 r 2 6t f
Ed Skubal $ ,2
Arthur Yeager , r} o• t r_ r + .1. f l 1 , 7 y r, ,-v 7 1 r
Don Angonia , _ _ 's r , . c r , 1 2 3
H Q Johnson . - f • L L
Edward Merkn jr) 1,
Albert Newcomb + t' , J , _ 2 + + r, s,a,'t' 2
Delvin Barrett t ~t L L
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Ray Saunders y fi 2 2
Travis Weedon , r - 3 3
Jimmy Weedon 1 L
E. E. Peters, Jr 5 5„'
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H. L. Bullock 2 2
Cobb 1 1
B. A. Risinger 1 , t
Cleve Gilmore L _ L
Tommy Hensarling - 1 1
Dr. C. M Patterson 3 3
Stuart Cole 2 2
Harry Stiteler , 2 2 ;
And it appearing to the Court that Roy Barnes, H. L Cargill, Leon Stevener, Hawley
West, Joe Novosad, Herbert Dittfurth, Frank Nemec, and Francis Bond received the highest
H. L. CARGILL, LEON STEVENER, HAWLEY
IT IS HEREBY ORDERED that ROY BARNES
number of votes
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WEST, JOE NOVOSAD, and HERBERT DITTFURTH be and they are hereby elected Trustees, and IT IS
FURTHER ORDERED that a run off be held between Frank Nemec and Francis Bond, according to law
to determine the seventh Trustee, or in any other manner permitted by law to determine the
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seventh Trustee.)
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/s/ W. C. Davis
w C. DAMS, COUNTY JUDGE, BRAZOS COUNTY,TEXA
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