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Home My WebLink About1979-12-10-1000AM-Regular- - ~ - - - - _'T+'.^~_ - - 3+....i-..-.-¢r ✓ iM N f~ i trM'e~.~n"_DrSrerr~ . ,0/ I f" f e Y®U.PAGE 1 > ran e . P r f F 1 i , S J r r.i COMMISSIONERS''COURT k 1 r er REGULAR MEETING DECEMBER 10, 1979 A regular meeting of the Commissioners' Court of Brazos County, Texas, was held in the Commissioners' Courtroom in { the Courthouse in Bryan, Brazos County, Texas, beginning at r , 10 00 A M on Monday, December 10, 1979, with the following members of the Court present R J. Holmgreen, County Judge, presiding Bill J Cooley, Commissioner of Precinct 1, Walter Wilcox, Commissioner of Precinct 2, j~ H L Cargill, Commissioner of Precinct 3, W A Stasny, Commissioner of Precinct 4 it The following citizens and officials were in attendance ~I t~ John Morris The Eagle Mrs Bigelow South Oaks resident Ann M Horton South Oaks resident Esther Atchison South Oaks resident Glynn D Peacock South Oaks resident Lois Peacock South Oaks resident Mrs J Neal Pratt Citizen Mrs Robert H Rucker Citizen Frank E Rasberry Citizen John G Ott Citizen Robert Lyon South Oaks resident Carol Lyon South Oaks resident Franklin J Shenkir Dept of Highways & Transportation Bill Atkins South Oaks resident Julie Atkins South Oaks resident Tom Chaney South Oaks resident Felip Forres South Oaks resident Phil Tinker Mustang Tractor and Equipment Co Ed Morris Citizen James Richard Maples First Baptist Church Mrs Richard Maples Citizen 'Bill Davie KAMU-TV James Smith KAMU-TV Glenda A Chaney South Oaks resident Art Wiltsie KTAM Greg Moses KBTX-TV Clifford Miller City of Bryan Travis B Bryan III District Attorney W R Vance Attorney Pat Edmondson WTAW-Radio Bill Meeks The Eagle Sarah Ryan Child Services Attorney Linda Turner Child Services Office E A Wentrcek, Jr., Juvenile Probation Department Mary Nichols Auditor ,A P Boyett, Jr. Justice of Peace, Precinct 7 Place 2 Rev Wesley Bigelow Cornerstone Free Will Baptist Church Bobby H Yeager Sheriff Lee Weddle South Oaks resident R Pat Smith Citizen r t . / f = rr rf ~ t { J * y'^ s'"r"'~"r'~77W~ r'tf• a^i -~s_ _--ar~t~--~+.7 c7-•T-r^-rc~-rv_ ~'?^'~'~i "t-_ i tt ~~/1 r a : ~r 1 / fi' _ ~ ~ ' • ' .~-~.,~`.-~c-1 '.,'c^n ,-'ry'r`f *--z ^r t \ Y r ~ + I r r r 'f r y, i' COMMISSIONERS' COURT MEETING - DECEMBER 10, 1979 CONTINUED The Court received, approved and ordered filed as sub- smitted the following reports for November, 1979 + W T Sistrunk, County Extension Agent, Curtis Taylor, Jr , County Extension Agent, - 1 C Jack Hunter, County Extension Agent, !I Mable Walker, County Extension Agent, - 3 s; Wanda L Pope, County Extension Agent ` I _ h t l 1 The Court received, considered and approved the follow- 3 1 ksl, ing reports from County and Precinct Officers showing official 1 fees of office collected and remitted to the County Treasurer a , according to duplicate copies of the Treasurer's Official 1 t receipts attached thereto - - ` 1 \ r f , r I t ' ~ , ` , I 1 ^ 1 i ~ I j 5 I r l l 1, } l 1 1 1 A I 1I I l - ~ II Ae - v i II r ' r ,l 7 + 1 t= r w~ 1 1 ' f + i r,' ~ t ' f , 1 r< < i 1 3 e r ~ t o r ' r l i \ ~ o s ` Y J r r ~ \ I ` r \ I I '1 t r r' i > r ti \ 1 i. t , G ~ ~ r` « 1 t ` \ r T ' v + I 1 i I l { I l VC) j'AGE J > tt tt ~ ` `^,..lii! ~°7 v° S'sf Ptif t` ~r f f ~ , 3 *4r. :rt +ff 1 S VOLPA~~ 38 - t REPORTS FOR NOVEMBER MEETING OF DECEMBER 1979 r 1 FRANK BORISKIE, COUNTY CLERK Fees ----------------------r---r-- r--------------------;--$13,498 50 County Judge's Fees---------------------------------------- 170 50 County Attorney's Fees--------T------------ 981 00 Sheriff's Fees--------------------------------------------- 541 50 Law Library Fees--------z---------------------------------- 133 50 Fines------------------------------------------------------ 3,768 00 Criminal Justice Fees--(34)-------------- 170 00 Law Enforcement Education Fund----------------------------- 34 00 Crime Tax-------------------------------------------------- 190 00 TOTAL COUNTY CLERK'S FEES---------------------------------------$19,490 00 FRANK BORISKIE, Sanitary Sewer Permits--------------------------$ 400 00 W D. BURLEY, DISTRICT CLERK Fees $ 3,697 50 Sheriff's Fees--------------------------------------------- 672 00 Sheriff's Jury Fees---------------------------------------- 350 00 District Attorney's Fees----------------------------------- 422 00 Fines------------------------------------------------------ 2,090 00 Trial and Jury Fees---------------------------------------- 60 00 Law Library Fees------------------------------------------- 538 50 Criminal Justice Fees--(8) 80 00 Law Enforcement Education Fund----------------------------- 8 00 Crime Tax-------------------------------------------------- 75 00 TOTAL DISTRICT CLERK'S FEES $ 7,993 00 GERALD L (BUDDY) WINN, TAX ASSESSOR COLLECTOR---------(Oct )---$24,195 28 E A WENTRCEK, JR , CHIEF JUVENILE PROBATION OFFICER-----------$ 15 00 DAN RICHARD BETO, CHIEF PROBATION OFFICER-----------------------$ 5,146 00 BOBBY H YEAGER, SHERIFF $ 2,126 50 , B. H. DEWEY, JR., JUSTICE OF PEACE, PRECINCT 4, PLACE 1 Fines $ 2,456 48 Constable Fees--------------------------------------------- 345 00 Small Claim Fees------------------------------------------- 9 00 Civil Fees------------------------------------------------- 208 00 Criminal Justice Fees--(103) 257 50 Law Enforcement Education Fund----------------------------- 103 00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 1_FEES---------------- $ 3,378 48 CAROLYN M HENSARLING, JUSTICE OF PEACE, PRECINCT 4, PLACE 2 Fines $ 5,645 00 Sheriff's Fees--------------------------------------------- 119 00 Constable Fees--------------------------------------------- , 4 00 Criminal Justice Fees--(208) 520 00 Law Enforcement Education Fund----------------------------- 208 00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 2 FEES $ 6,496 00 A. P. BOYETT, JR , JUSTICE OF PEACE, PRECINCT 7, PLACE 2 Fines 5,047 50 Criminal Justice Fees--(235)-------------►----------------- - 587 50 Law Enforcement Education Fund----------------------------- 235 00 TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 2 FEES $ 5,870 00 THE BRAZOS CENTER-----------------------------------------------$ 6,015 68 ~ ~ r n ' r t 4 1 i~` E > ~ e L r . 4 A -0 l~f s; -1 ; 4 i.,"'oj(I, 4 . r„ , f , { t ,lie St• 1" t ~ .d 1 ~--frr 4i i t rE ~ s ~ t ~ L i 1^ • r, r ~ lt.,~• t v~• r J • •`1i). / • -+r _ •R.Z J t ~ 1 • I ~ 1. r...J➢ r , r ~ J ' ` S / / ~ ' 1 J I ~ ~ f 1 1 1 ~ J I I ~ 5 1 y 1 J / f { t f r 1 ( 1 1 4 ~ • ~ I / f t y ~ " -.~._._--r - ~ ^ - z ~e7-•'-tt"' "~t7- ._......-,l,y -,~---•{yr-tea r•, ~_a„~r,- :Ja'~~~ -.~A%~'~' ! ''•-s• ~Cb' r ; y~~ I ..~,~~_.._._._-t4T i5 K ~f h ' 1 i . r 1 1 ~ r , n 1 yrt ^ T 1 1 } I If f If V r i V Y ~r.y-„f r r c r` .r ,a , ^r r ` _ V r 1 r t , S f 1 COMMISSIONERS' COURT MEETING DECEMBER 10, 1979 CONTINUED ' w i: ~ 'l a A R J J ~ u ESQ c y S~ J1 ~ ! ns p v 1V ti.4 Y V The Court first;considered,an,Order regulating the loca- tion of certain sexually oriented commercial activities, re- quiring a permit therefor, establishing a procedure for appli74 cation for permit, regulating the operation thereof, providing, for the cancellation of permits and confirming penalties for , violations The County Judge asked for any comments from those persons opposing the Order and received no response Glenda Chaney, Lee Weddle, Glynn Peacock, Carol Lyon and Mrs Neal Pratt all spoke in support of the Order After discussion and on motion by Commissioner Cooley, seconded by Commissioner Cargill, the Court unanimously approved the adoption of the Order, a copy of which is attached to and made a part of these minutes The Court next considered an Order levying an occupation tax on certain coin-operated machines in Brazos County, Texas, and providing for the collection thereof After discussion and on motion by Commissioner Cooley, seconded by Commissioner Cargill, the Court unanimously approved the adoption of the Order, a copy of which is attached to and made a part of these minutes. The Court next considered the Child Support Contract and supporting services for the county On recommendation by the County Judge and on motion by Commissioner Cargill, seconded by Commissioner Stasny, the Court unanimously voted to let the contract expire without renewal On motion by Commissioner Cargill, seconded by Commissioner Cooley, the Court unanimously voted to move the duties of the Juvenile Prosecutor to the District Attorney's office The Court next heard a presentation by Mr Shenkir, , Resident Engineer of the Highway Department in Hearne, Texas, regarding the reworking of FM 2818 from the Brazos County industrial Park to Highway 6 North lir Shenkir advised the Court officially of this project - _ ~~^1.19111lY f~~.- Y.rrw r~waa~/ N'Li o~~II'J[Y ~i rl COMMISSIONERS' COURT MEETING - DECEMBER 10, 1979 CONTINUED P 6 I V®Lq 2AGE, d r f,,* ;The Court next heard a request by A P.1Boyett, Jr., regarding a full time clerk for his office. On motion by Commissioner Wilcox, seconded by Commissioner Stasny, the Court unanimously voted to grant the request effective January 1, 1980 On motion by Commissioner Wilcox, seconded by Commissioner Cargill, the Court unanimously voted to rent two (2) suites in the Lester Building to house the Juvenile Probation office on a month to month basis The Court next considered an application to the Criminal 1 Justice Division for Grant Funds for a Youth and Parent Inter- action Counseling Program in the amount of $2,400 This application to cover a one year period, from February 1, 1980 through January 31, 1980. It is understood that the project will be funded 100 per cent by the CJD Grant. After a thorough examination of the application, Commissioner Wilcox moved that the County submit an application for such Grant to be reviewed at the end of the first year period Motion was seconded by Commissioner Stasny and carried unanimously. The Court next considered an Order increasing the County Retirement System benefits. On motion by Commissioner Cooley, seconded by Commissioner Cargill, the Court unanimously approved the adoption of the Order, a copy of which is attached to and made a part of these minutes. The Court next considered payment of fire calls for the month of November, 1979. On motion by Commissioner Wilcox,, seconded by Commissioner Cooley, the Court unanimously approved payment of fire calls to the city of College Station in the ZI ~ amount of $1,101 60. r 4 Next to be considered were bids for three vehicles for 4 the Sheriff's office as follows iI,- I t I ' Beal,Ford Sales, Inc - $21,549 1 Halsell Motor Company, Inc. - $22,949.07 ~ E After much discussion Commissioner Cooley moved to accept 1 ~ 1 t ~ t +/rr+i'r~T 'rrT ~_~-K'V~~p~ "rte--.~ ' r +r^.~-~T~_.+.r-->.-_71'~T~'~'~~. LD r 3 (L s ~ • t ! ? ~ J• „ 1 1 ' y. I.~cyr -t-~-r r "{t"" 1 4 J `i l^a ""S""i5P"r~ it ~""l~'r'•_.'."'y" -+~uL.--. .x • 1 r-ti +...-....~t~~ w..wr'~~'S~i.rl~ls,'~'~~i'=CS1uws s~.~F1. :ea/~r{~}~ ~,?~j .<.L.,~ A hr 4 r' F'~~SjXiv'+r; ~A~."'~Y't~'; ~i6JR ~4'~nv~~"t r = ' • ts..121 Jr d r COMMISSIONERS' COURT MEETING - DECEMBER 10, 1979 CONTINUED 4 I'S the low bid that meets or,exceeds the specifications needed. Motion was,seconded by Commissioner Cargill and carried unan- imously. , it 00 t t %I The Court next considered a Contract for Appraisal Services of Oil and Gas, Utilities,,and Industries between Brazos County and Pritchard and Abbott There was no action taken at this ti time On motion by Commissioner Cooley, seconded by Commissioner Stasny, the Court unanimously voted to approve the Public Weighers Bonds for the following Leonard Ray Howry Craig D Conlee - , , , All bonds being in the amount of $2,500 00 with Western Surety Company as Surety 1 , Next to be considered was the payment of annual dues to the Texas Association of Counties Commissioner Cooley moved that the annual dues totaling $1,147 be paid Motion was seconded by Commissioner Stasny and carried unanimously On recommenation by Judge Holmgreen and on motion by Commissioner Cooley, seconded by commissioner Stasny, the Court unanimously voted to appoint Dr Terry Jones as Director of the Health Department effective December 31, 1979 The Court next considered the Final Plat of TICKLE TOUNGE HILL in Precinct 3 On motion by Commissioner Cargill, seconded by Commissioner Cooley, the Court unanimously voted to approve the Plat as submitted It On motion by Commissioner Cooley, seconded by Commissioner Stasny, the Court unanimously approved Requests For Change In Status Of Employees as follows Sarah Daniel Ryan Child Services office Linda C Turner Child Services office Diane Spears County Treasurer's office Shirley Barker District Clerk's office Curtis Taylor, Jr County Extension Service JoAnn Johnson Justice of Peace office Phyllis Vincent Justice of Peace office Anna Sifuentez Tax office e V®L-0 -PAGE,39'7 t1 rt~!'µ~rf {f , r L• r t, c~ {h r COMMISSIONERS' COURT MEETING - DECEMBER 10, 1979 CONTINUED VOL-iYAG EZYY The Court proceede d to consider the fo llowing Claims submitted by the County Auditor for payment General Fund Claims 3390 through 3602 Revenue Sharing Claims 193 through 215 Road & Bridge Claims 222 through 240 Precinct 1 Claims 250 through 274 Precinct 2 Claims 232 through 259 Precinct 3 Claims 213 through 238 Precinct 4 Claims 240 through 257 Juvenile Probation Claims 177 through 188 Crime Control Claims 19 through 20 Bridge House Claims 110 through 116 Law Library Claims 34 through 36 On motion by Commission er Cargill, seconded by Commissioner Stasny, the Court unanimously approved the payment of Claims as submitted The Court proceeded to consider authorization to issue a Time Warrant to the First Hational Bank in the amount of $10,000 for the purpose of paying for improvements to Rock Prairie Road in Precinct 1 Commissioner Stasny moved to authorize the issuance of the Time Warrant in the amount of $10,000. Motion was seconded by Commissioner Cargill and , passed unanimously The County Judge requested authorization to advertise for bids for construction of restrooms at the County pavilion and to advertise for bids to run lines to connect wash racks at the pavilion. On motion by Commissioner Cooley, seconded by Commissioner Cargill,-the Court authorized the County Judge to advertise for two bids. t On motion by Commissioner Cooley, seconded by Commissioner Stasny, the Court unanimously voted to authorize Commissioner Cargill to advertise for bids for a pick up truck and Commissioner I , Stasny to advertise for bids for a pick up truck and a motor grader. i1 r There being no further business to come before the Court, ,the County Judge announced the meeting adjourned I t t 11 + ri 1 , 1 , ~ + 4 1 1 ~ / P t t• ~ 1 / 1 4 , t .......w,.. y a~'n~';^~----+•l~ti'~-~/•----•nrres-~ ~-•-c~ ~~S -..~i-~r-~-i r ~ -+*r.rT~" _ • s s ~ r ~ r I t !a ~ r t t *i 't ¢ e 1 r- . _ .r •---Mir--^r"~v~•-• r i [ r i' ~ ~ 'r ~f{ r r S'7y+'J ,ti l~•r`F-~ nT'"'~i 4 J ~'^'fiY ~ i, n^'r ~r in^ i ~ ~t r I IJ r - - _ 5 1 • t 441,Nr1ri J, y ~ I 1 ~1 1 j~ ~ i / r ~ } l 1 L L - ~ 1 AN ORDER REGULATING THE LOCATION OF CERTAIN SEXUALLY ORIENTED COMMIERCIAL ACTIVITIES, REQUIRING A PERMIT THEREFOR, ESTABLISHING A PROCUDURE FOR APPLICATION 1 FOR PERMIT, REGULATING THE OPERATION THEREOF, PROVIDING FOR THE CANCELLATION OF PERMITS AND CONFIRMING PENALTIES FOR VIOLATIONS I WHEREAS, the Commissioners Court of Brazos County, Texas, finds 1 that the unrestricted location of certain sexually oriented commercial enterprises in Brazos County, Texas, may be detrimental to be public health, safety, and welfare by contributing to the decline of residen- tial and business neighborhoods and the growth of criminal activity, and 1 WHEREAS, the 66th Legislature of the State of Texas enacted House Bill No 654, effective May 17, 1979, codified as Article 2372w, Revised Civil Statutes of Texas, authorizing the counties of the State of Texas to restrict the location of certain sexually oriented commercial activities, to require a permit for the operation of such establishments, and providing penalties thereunder, now, therefore IT IS ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, , that Section 1 Restrictions on Location, Permit Required (a) After the effective date of this order, no person, firm, corporation, or other legal entity shall establish, open for business, or operate a massage parlor, nude studio, modeling studio, love parlor, or other similar commercial enterprise in any portion of Brazos County, Texas„ outside the corporate limits of a city, without having first obtained a permit therefor as provided in this order (b) No such permit shall be granted for the establishment or operation of an enterprise of the type described in Section 1 (a) above for any location outside the corporate limits of a city in Brazos County, Texas, other than locations upon real property described as Lots One (1), Two (2), Three (3), Four (4) and Five (5), Deer Park Subdivision, a subdivision in Brazos County, Texas, as shown by the plat of said subdivision recorded in Volume 221, page 295, Deed Records of Brazos County, Texas, to which reference is here made for further description of the permitted locations hereunder V01- 0 PAGE-391 ' F r ~O VOL62-PAGE r (c) The terms "massage parlor", "nude studio", "modeling studio". "love parlor", and "other similar commercial enterprise" as used herein shall mean an& include any enterprise whose major business is the offering of a service which is intented to provide sexual stimulation or sexual gratification to the customer (d) Nothing in this order is intended to regulate any establishment of a type described in Section 3 (b) of Article 2372w, Revised Civil Statutes of Texas. Section 2 Nature of Permit, General Provisions (a) A permit issued pursuant to this order is a purely personal privilege and is subject to cancellation as provided by this order It is not property, is not subject to execution, does not pass by descent or distribution, and ceases on the death of the holder No such permit may be assigned to any other person, firm, corporation, or other legal entity. (b) No permit may bg issued for a period longer than one (1) year Any permit issued without an expiration date expires one (1) year after the date on which it was issued (c) No person shall conduct a business of the type described in this order except under the name to which the permit covering such business is issued The Commissioners Court reserves the right to require an applicant to amend the proposed name of any such business so as to clearly identify the nature of such business to the general public (d) Each applicant for such a permit shall designate an agent for service of process issuing out of the courts of this State, designating the name, street address and business of such , agent. If no such agent for service of process is designated, the applicant shall irrevocably be deemed to have appointed the County Clerk of Brazos County, Texas, for service of process in any cause of action arising out of the provisions of this order, ~E and the County Clerk shall send any citation served on him by registered mail, return receipt requested, to the applicant at the address of such business as shown by the application on r~ file. The return receipt shall be prima facie evidence of r I ti 1 =va.tef s.~ u~ - ~s + .~r 1 ~ ~rq~i'~'.. ..~_-f '9 t~1+ -q -w .~T) ~ --'T mT~i:"--•+-f~ y~.~i~. ~ T^'-~-.--• r ! a Tri 'i 1 f ~ I r r ' e a ' f y~ r n ~Nr r r "t r ! iTF, u~,t. n al ^ ~T{ r ^~rxro r r~ rrT I f 1 R 17~ a~ . l~j, ♦ ~~'h i~F 1~~Pti~L N'~A~4~''311,y~.j~~~ri S'= ~~\~~sr 'T~.~r~ I service upon the applicant. Section 3 Application and Issuance of Permits i (a) A person, firm, corporation or other legal entity may file an application to operate a massage parlor, nude studio, modeling studio, love parlor, or other similar commercial enterprise within the permitted location outside the corporate limits of a city within Brazos County, Texas, with the County Clerk of Brazos County, Texas A fee in the amount of $100 00 shall be paid at the time of filing such application, which is the amount which the Commissioners Court hereby determines to be the actual cost of processing the permit application (b) The County Clerk may promulgate a form for such a,. application, requiring any reasonable information relating to the applicant, the business, or any other aspect of the subject matter of the application and permit No application will be considered by the Commissioners Court which does not include the following information 1 The full legal name of the applicant, residence address, age, length of residence in Brazos County, occupation for the preceding five years, social security number, drivers license number, and a description of the applicant including color of hair and eyes, height and weight 2 If the applicant is other than an individual, the information set forth in the preceding paragraph for each owner, partner, officer, director, stockholder and any other person claiming a financial interest in the applicant or 3 the business to be operated 3 The location within the permitted area described in this order upon which the business is to be operated A plat or map of the real property and a description of the improvements thereon shall be furnished with the application t 4. An exact description of all services to be offered Cr by the applicant to its customers .5 A statement that the applicant has not been convicted ''VII -of any penal offense of this State, any other State or the United States carrying a possible penalty greater than a fine VO SAG E.-3. 71 i f f, .r voL arAQvE.2J~ 1 C~i~ r 1 t .t i ~ 11 1 `t.f , t , i r II If of $200.00 ,If the applicant is other than an individual, such a statement shall be furnished by each owner, partner, officer, director, stockholder and other person claiming a financial interest in the business. s (c) No application shall be considered by the Commissioners Court unless the applicant has taken an oath before an officer authorized by the laws of the State of Texas to administer oaths, as evidenced by the application, that the facts set forth in the application are true and correct, such oath to be sufficient to support a conviction for perjury or false swearing under the laws of the State of Texas If the applicant is other than an individual, the statement required of any other person under Paragraphs 2 and 5 above shall be accompanied by such an oath by such person (d) Upon the filing of any such application, the County Clerk shall notify the Sheriff of Brazos County, the County Attorney of Brazos County, and the District Attorney for the 85th Judicial District of Texas, of the filing of such application The County Clerk shall cause a notice to be published in a newspaper of general circulation in Brazos County, setting forth the name of the applicant, all persons financially interested in the business, the general location within the permitted area of Brazos County, the type of business to be operated under the permit, and the date upon which the application will be considered by the Commissioners Court The actual cost of such publication shall be paid by the applicant at the time of filing the application (e) The County Clerk may refuse to file any application which does not contain the requisites set forth in paragraph (b) of this Section 3. If a form has been promulgated by the County Clerk, he may refuse to file any application not in proper form (f) Within thirty (30) days after the date of publication of the notice required by paragraph (d) of this Section 3, and on the date specified in such published notice, the Commissioners Court shall convene to make a determination with respect to such Application, provided, however, that before or after hearing such application, the Commissioners Court may adjourn such hearing to a subsequent date, not more than thirty (30) days, without the r f r t t ;I t 1 ~i t' r { r ~ ✓ _ ti ~ t~ ~t ~ ~ 1 1 , ~ C t r 1 ~ 1 1 ~ I / 1 1 ; ~ 1 -r-..•. t ~ rT-T~"~- ~ r~'•~' w 1 r 1 R ~ s t ~9 tit r t ~ ~ ~ rr ~if`w (~~~r, ft.. s a ..rrtt a~f•dit:ai P t 1 j 1 -r•) I ~ 1 it I If J / I i 1 1 s f ) 2 ! ♦I-I' l ~ f 1 1 1 ~ ~ J L 1 necessity or additional public notice other than an announcement of such subsequent date and time in open court t Section 4 Action by Commissioners Court, Appeal (a) On hearing the application, if the Commissioners Court finds that any fact stated in the application is untrue, that the proposed location is not within the permitted area of Brazos County, Texas, and outside the corporate limits of a city, or if the operation of such business would be detrimental to the public health, safety, and welfare or promote the growth of criminal activity, it shall enter an order denying such application (b) If the Commissioners Court enters an order granting the application, the County Clerk shall issue a permit for the operation of such business, setting forth the issue date, the approved location, the exact description of services to be offered by the applicant to its customers, the exact name of the applicant and all other persons of whom statements were required under Section 3 of this order, and the expiration date of the permit (c) If the Commissioners Court denies any such application, appeal may be had within 30 days from the date of such order to a Court of proper jurisdiction, under applicable provisions of law Section 5 Conduct of Business under Permit (a) The permit shall be displayed at the approved location at all times in a conspicuous place (b) No person shall advertise, cause to be advertised or permit to be advertised, the fact that such business operates under a permit issued under the terms of this order or containing any other statement with reference to this order or the Commissioners Court (c) By accepting a permit, the holder consents that any peace officer may enter the premises described in the application at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed or permitted by this order (d) Each permit holder shall make and maintain, subject to inspection by the Commissioners Court, any member thereof, or the Sheriff of Brazos County, adequate records of the business V®L D-PAGE 393 _ .+.+e.+....++x..w ~wra~.w...r w~~L` 'fr^`1'ti^"- '..~^ti .~.nwr..w -s w+rw.~ ....ems.. n~a .~..a ups.. _s..c~ T~Q'a~^=-'~~` 7' r ♦ ~ VOL,.D.PAQF-.m27-Y activities conducted at the location designated in the permit. Such records shall include, but not be limited to, the name of each customer, the nature of the service rendered to such customer, and the fee paid by each such customer for such service, the daily hours of operation for each day when any business was transacted, the name and address of each employee who was present on such day, and the name of the person ultimately responsible for the operation of such business on such day and the hours during which such person was responsible for the operation of such business. The failure to make, keep and maintain such records as required herein shall be grounds for cancellation of the permit as hereinafter provided The making of a false record or any false entry in any such record shall be grounds for cancellation of the permit as hereinafter provided Section 6 Cancellation of Permit, Appeal (a) The Commissioners Court may cancel any permit issued pursuant to this order, after notice to the applicant and hearing, upon a finding that r 1. Any fact contained in the application for such permit or any statement required to be filed with such application was false at the time such application was made or has become false during the effective period of r{ ,w r the permit{ 2. The permit has been assigned to any other person, firm, corporation or other legal entity, or that the holder has died, been adjudged bankrupt, insolvent, or incompetent, or, if a corporation, has been dissolved voluntarily or involuntarily, 3 The business is being operated under a name other 1 than that set forth in the application, c< , r ~ 74. The business is being operated by any person,other r ,I, than the applicant set forth in the application, , 5 , Services other than those set forth in the application are being offered or performed as the place of business, t 6 Any provision of Section 5 of this order is being t tom.. ~r r r l ~ ~ , ~ ~ r I ~ b b C ' ~1 L _ ~ ..r...a. ~--•--~,4~ lY ''4~° y~'4Y ' ."F.:.J.. _ 3i~ F'" b ~ ' it - Y - ~ - - - - , r r 7 ~ • ' J r, 1 • ~ _f v n~ _..,~Ls:-L.-_-.t_ ~ ~~r.5t + .!tJ`~ ,~yyr~`~l- r ~ t ~ 1f ~t Y l 1~ r F S 5 ! , ~ a , i 1 , violated as to the display of the permit or as to the , prohibition against advertising, 7. The applicant or any other person has refused to permit any peace officer to enter the premises for the purposes set forth herein, 8 The applicant has failed to make, keep or maintain the records prescribed by Section 6 (a) 6 above, t 9 The applicant has refused to make the records prescribed by Section 6 (a) 6 above available to the Commissioners Court, any member thereof, or to the Sheriff ! of Brazos County, Texas, upon request therefor, 10 The applicant or any other person has made a false record or any false entry in any such record, 11 Any breach of the peace has occured upon the premises, 12 The applicant has conducted his business in any manner which warrants the cancellation of the permit based on the general welfare, health, peace, morals, safety, and sense of decency of the people, 13 The applicant or any person employed by applicant has permitted, engaged in, or encouraged any criminal activity upon the premises or permitted any person on the premises to engage in conduct which is lewd, immoral, or offensive to public decency, or 14 The continued operation of the business would be detrimental to be public health, safety, and welfare, or would promote the growth of criminal activity. 1, , (b) Notice of any proposed hearing to cancel any permit issued hereunder shall be given to the permit holder at the address set forth in the application on file with the County Clerk, registered mail, return receipt requested The returned receipt shall be conclusive evidence that the notice was received by the permit holder Such notice shall include a general description of the proposed grounds for cancellation and shall specify the _4 1 date,and time when the hearing onecancellation shall be held ~r (c) A hearing on cancellation of a permit may be held after determination by the Commissioners Court that sufficient grounds exist for such hearing, upon application on any member of the Commissioners Court, the Sheriff of Brazos County, the County Attorney of Brazos County, the District Attorney for the 85th Judicial District of Texas, or any other resident of Brazos 6 County. (d) At the hearing on cancellation, the evidence in favor of cancellation shall be presented by the County Attorney of Brazos County or the District Attorney for the 85th Judicial Y District of Texas. The permit holder shall have a right to be represented by counsel and shall be entitled to cross-examina- tion of witnesses. (e) The decision to cancel any permit may be made by the Commissioners Court if it determines that grounds for such cancellation have been presented and proved by a preponderence of the evidence (f) At its discretion, the Commissioners Court may appoint a resident attorney at law of Brazos County, Texas, to adduce the evidence in support of and opposing cancellation, which evidence shall be reduced to writing in the same manner as depositions in civil actions. The final decision by the Commissioners Court may be made from this written record of the evidence, but shall be made in open court with the peemit holder having been notified of the day and time of such meeting and of his right to be present (g) Any decision to cancel a permit issued hereunder may be appealed to a court of proper jurisdiction within thirty (30) days after decision of the Commissioners Court, under applicable provisions of law r 1 1 r , 1 Section 7. Renewal of Permits r (a) A permit may be renewed for a period of one (1) year upon a certificate of the applicant, under oath, that all of they statements contained in the original application remain true and correct. A permit may be renewed for successive periods of one 1 r „ j t t r ~ 1 nom- P►" r,.- t--r•T(-q►„~?~117t 7'y'fJR+'~y 1"^' m-.:i -.-..~~--._~i-S)rr/r ~v ~"~tT r-ylT-ni -''--.r~~~R_. ....s T~-•r•----^--a e r fr: r ~ r i r r , \ ` ` t~ , , + t ) _ ` A d 1 4 f F 7 ..st ~ R 7 7+ _ • n ij ` fe ! 1-.iL-..b.s~s' • ~ F r .-t . - . is~_. ice, t.~.~.y tf,. h~v r~r ~_A~ i~ t ~ f / yf+. . r Y is ~ ~ ~ 1 rf t 1! ! it a- 1_ d~ .4 L IA. ~ f7 1 1~Ir er (1),year each upon the filing of such certificate, not to exceed four (4) renewals Upon the filing of such certificate, the Commissioners Court may order the issuance of a renewal permit without the necessity of any notice or hearing, except that the Sheriff and County Attorney of Brazos County and the District Attorney for the 85th Judicial District of Texas shall be . entitled to notice of the filing of such certificate (b) If the Commissioners Court so determines, it may require the permit holder to file an original application and proceed in the manner directed by this order If any renewal permit request is denied, the permit holder shall have the right to file an original application, but shall have no right of appeal from denial of a renewal request (c) A fee of $75 00 shall be paid to the County Clerk of Brazos County upon the issuance of any renewal permit, which the Commissioners Court hereby determines to be the actual cost of processing the renewal application Section 8 Prohibited Activities Not Authorized (a) Nothing contained in this order is intended to authorize any act which is now prohibited by the Penal Code of the State of Texas or any other penal provision of law Section 9 Existing Businesses to Obtain Permit (a) Any business or enterprise which is operating within the permitted area of Brazos County, Texas, on the effective date of this order shall obtain a permit under the terms of this order within 90 days after the effective date hereof, in order to continue to offer the types of services described herein thereafter Section 10 Violations, Civil Enforcement (a) A violation of the terms of this order is a Class B misdemeanor under the provisions of Article 2372w, Revised Civil Statutes of Texas (H B 654, 66th Legislature, Regular Session) (b) Suit to enjoin any violation of the terms of this order may be brought in the name of Brazos County, Texas, by the County Attorney of Brazos County or the District Attorney of the 85th ~ r I r i I e r VOU.PAGE~g Judicial District of Texas, pursuant to the provisions of Article 2372w, Section 5 (a), Revised Civil Statutes of Texas , r Section 11 Severability (a) If any provision of this order, or its application to any person of circumstances is held invalid for any reason, the invalidity does not affect any other provision or application of this order which can be given effect without the invalid provision or application, and to this end the provisions of this order are declared to be severable t Section 12 Effective Date r , r~ - (a) This order shall take effect and be in full force from and after the date of adoption by the Commissioners Court of Brazos County, Texas r, f i i } 1 l~ t t r t b L, i , r r t l r 1 i 1 F rl " ' , a r I r 14 ~ u ~ It a ,F t I ~ tv 9 { : ~ V ~ , l ' ~ + `f r . l r I ~ r t S 1 r to 'l 1 42 t..' 1~ ti} + ~ t 1 ~ t...t a o a t ~ ~ 1 !n t' ~ t , , 3t t gr' s,, j It ~r r ~ Ir +r'rl fa' U 4t' L) J t :rrtt+ ~'fr~ri' i t'O~ ~l t 1~~~ f 1~ t r i t ! ~rlt ~I t I F' rS j ot~ tti1r~^f"Yla9s ut ,1 yt 11<47~1' 4r ;+U'r~t! t-r_ { at l10G tl rrr a Iy I l.~~liG~1f+' r}~ ~t+L l+t'v1 i tc i , r , t7 LJ «i! t1 t v~ l,C}:lAl~' r 8 ' F- (1 ~J<J a,l t> t r, 71, ty 41 t.') t t 1 tii t c r I , I 1 f tt 1 L ± I I ~ J.l ~ h 4~ii 11}11 tt r + ~ L' ~ ,1 ~r t7 ~v {1 ) lri k~ L'f t-,.. t w a ail; c j ~713+t ti t ~ 4 , t iv 1 i~f • t , ~N,~," }«vr' r 4 , , { v t r +j .,I i~.1kM17. 1.d 4r t ~~1 t~'J~{ l.~ p< <7 r^~n n 1.~ lv 'u t : t w 1 t + - ti~_~ ~ • ,~iPq ~-'?^'f_'m'T.. -tit r± taz~r- /~---~ar~r--- ~ r ~ , ~ Y;( ~ Y dyS~ .SH4i~'I r I t G-~Ir t _ t ~ t f ~ f ~ , t - 1.-~, I t I~„k yy F 4 1 t ~ rl~ f 1 h a r I ' r -1 + r 7 . =li' ti f~, All ORDER LEVYING AN OCCUPATION TAX ON CERTAIN COIN-OPERATED MACHINES IN BRAZOS COUNTY, TEXAS, 5 PROVIDING FOR THE COLLECTION , e. y ► THEREOF A ' ~ A r l i a w l I r 1 ~ 1 n r 1 ' _ _ ' 4 WHEREAS, the Legislature of the State of Texas has authorized the counties of this State to levy an occupation tax on coin-operated machines in the manner and in the amount hereinafter specified, such provision being codified in Chapter 13, Tax on Coin-Operated Machines, Title 122A, Taxation-General, Revised Civil Statutes of Texas, and WHEREAS, the Commissioners Court of Brazos County, Texas, has determines that such tax should be levied as permitted by State law, Now, Therefore THAT. IT IS ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, Section 1 Definitions (a) The terms "owner", "operator", "coin-operated machine", !'music coin-operated machine", "skill or pleasure coin-operated machine" and "service coin-operated machine" shall have the same meaning and are defined in Article 13 01, Title 122A, Taxation- General, Revised Civil Statutes of Texas, to which reference is here made for such definitions. Section 2 Levy and Amount of Tax (a) Every owner, save owners holding an import license and holding coin-operated machines solely for resale, who owns, controls, possesses, exhibits, displays, or who permits to be exhibited in Brazos County, Texas, any coin-operated machine shall pay and there is hereby levied on each coin-operated machine in Brazos County, Texas, except as exempt herein, an annual occupation tax of $7 50 (b) Gas meters, pay telephones, and pay toilets are exempt 1 from the tax levied herein (c) The annual occupation tax levied hereby shall be due and payable on the 1st day of January of each calendar year hereafter y®10PAGE 3. c r t r~ a r ' VOL"ACr'zZLW and shall become delinquent if not paid by the 31st day of January thereafter. (d) The Tax Assessor-Collector of Brazos County, Texas, , is hereby authorized and shall collect the tax levied hereby, shall issue permits for the payment of taxes paid, and shall employ all of the applicable provisions of law available to him for the enforcement of the provisions of this order. / Section 3. Enforcement, Other Provisions (a) The Tax Assessor-Collector shall forward a certified copy of this order to the Texas Amusement Machine Commission and shall fully cooperate with such Commission, and request the t full cooperation of such Commission, in the enforcement of the I payment of taxes due hereunder and of the other provisions of this order , (b) Each person, fiacm, corporation, or other legal entity holding a license issued by the'Texas Amusement Machine Commission i shall furnish the Tax Assessor-Collector of Brazos County, Texas, with an annual statement, between January 1 and January 31 of each calendar year, setting forth the information required to be furnished to the Commission by Article 13.17, Section 12 (2) a-e, Title 122A, Taxation-General, Revised Civil Statutes of Texas, with respect to each such machine owned on the January 1 of that year. The occupation tax levied hereby shall thereupon become due and payable with respect to each such machine listed therein. All other persons, firms, corporations, and other legal entities owning any coin-operated machine described under Section 1 hereof, and not exempt hereby, shall furnish the Tax Assessor-Collector a similar statement with respect to all such machines owned on the 1st day of'January of each year and the occupation tax levied hereby shall thereupon become due and payable with respect to i F each such machine listed therein. (c) Any owner who acquires a coin-operated machine subject to the tax levied hereby after January 1 of any year shall pay a prorate portion of the tax levied hereby for the remaining portion of such year. 1 s , f r i , r / r ' y Y 1 4 , ,M k r at~`+t'`! i.j~„L ",fir J l ~ ! ~ 1 ♦ , J _ J r ~ r t J 1 \ t r l1 f ( 7 1 , y + r 1 tt I l{ {r 7 I , !r 1 '1~ 1 ~ s J ! 1 3 0 Z ,rla i l\ l Y>) t t 11.1 t , tt ! t~ r 1 , J t J / hI! 1 ~ i, ~t q t r , J , 1 1 J ) 1 J I~,t ~ iJ t , T 11 It t (d) The Tax Assessor-Collector is authorized to seal any machine subject to the tax levied hereby on which the tax has not been paid by the 31st day of January of any calendar t year. He is further authorized to charge a fee of $5.00 for the release of,any machine sealed as provided herein for non- payment of tax + (e) The Tax Assessor-Collector is hereby authorized to exercise any remedy in the name of Brazos County, Texas, which would be available to the State of Texas for the non-payment of tax under the provisions of Chapter 13, Title 122A, Taxation- General, Revised Civil Statutes of Texas. (f) The Tax-Assessor-Collector is hereby authorized and directed to obtain a sufficient quantity of permit stickers for issuance upon payment of the tax levied hereby, adopting a design therefor which will make such permit stickers easily distinguishable, by color or otherwise, from other stickers , attached to coin-operated machines. Section 4 Provisions of State Law Adopted (a) All of the provisions of Chapter 13, Title 122A, Taxation-General, Revised Civil Statutes of Texas, are hereby adopted by reference and the rights and powers thereby given to the State of Texas in connection with the payment of the taxes levied thereby shall be available to Brazos County, Texas in connection with the payment of the tax levied herein, to the extent that such rights and powers may be exercised by the Tax Assessor-Collector of Brazos County, Texas. Section 5 Effective Date (a) This order shall be effective as of the 31st day of December, 1979, and thereafter until amendment or repeal by the Commissioners Court of Brazos County, Texas. ' I 1 + i VOi, y.PAGE_Oo2 AN ORDER SELECTING INCREASES IN BENEFITS THERETOFORE GRANTED, CREDITS rOR FUTURE w RETIREMENTS OR ADDITIONAL COVERAGES ALLOW- ABLE UNDER SUBSECTION 11 OF SECTION VI ' THE STATE OF TEXAS X a i COUNTY OF BRAZOS X On this the 10th day of December, 1979, the Commissioners' Court of Brazos County, Texas, was convened in Regular session at a Regular Term of said Court, with the following members present, to wit R J Holmgreen, County Judge, f Bill J. Cooley, Commissioner of Precinct 1, t Walter Wilcox, Commissioner of Precinct 2, 1 , H L Cargill, Commissioner of Precinct 3, W. A. Stasny, Commissioner of Precinct 4, , t and at such session, among other proceedings, the following order was passed, "WHEREAS, by virtue of an order of the Commissioners' Court of Brazos County, Texas, adopted on the 10th day of December, 1979, said County became a participating subdivi- sion in the Texas County and District Retirement System, and "WHEREAS, the Actuary for said System has determined and certified that the increases in benefits, credits and addi- tional coverages hereinbelow selected, can be amortized by the County within the time and under the terms prescribed by Subsection 11, Section VI of Article 6228g, Vernon's Texas Civil Statutes, as amended, it is accordingly, "ORDERED BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS "1. Effective January 1, 1980 "(a) Allocated (Special) Prior Service Credits heretofore allowed by said County and now in effect shall be increased from the present 60% of the Maximum (Special) Prior Service Credit of each member affected to 75% of said amount, 1 i , r . a' t t ~ I 'I J ti , r ! t 1 , , t f, ~t~ ~ J T....w . % 7f",7R~~j'Pl'f'n `~Y.{ic~p~v r~ ~.'^.r~+sPV.C+~ r""_"_"" ^'".'_`'•~1~'~~t 4"~ ; +ac-r, T*-ufly~r,-^"'y'.r"Tr "}".+-rp~ 7rr~T'~...^"^~ 1 r ! r -.--7 --*~1 _ fr ~ l YS t , r' h t 1 k, tit i tr r ~ it dt` r PAGE- , ®t,.O A - 1 f, " 'z ~ I t y l 10i;, "(b), Credit,for Current Service allowable to TCDRS1 members for service performed for said County shall be increased to a factor of 20.83% of the deposits of each member (1.9 1 matching ratio). , , , "(c) Monthly payments as to annuities for prior service arising from prior service credits allowed by said County and in effect December 31, 1979 shall be increased as to payments for January, 1980 and thereafter by 25% of the monthly benefit paid to such annuitant for the month of Decem- ber, 1979 (excluding any amounts paid as distributive benefits) "(d) Annuities for current service attributable to said subdivision and in effect December 31, 1979, shall be increased by 20 83% of the monthly benefit paid to such annui- tant for the month of December 1979 (excluding any amounts paid as distributive benefits) "2. Any person who is a TCDRS member of this County on or after January 1, 1980 and who shall have accumulated twenty (20) or more years of creditable service, or who shall have accumulated twelve (12) or more years of creditable service and has attained the age of sixty (60) shall have the right of "deferred service retirement" under the terms and conditions prescribed in Subsection 11 of Section VI of Article 6228g, Vernon's Texas Civil Statutes as amended "3 Any person who is a TCDRS member of this County on or after January 1, 1980, and who has accumulated at least twelve (12) years of creditable service with this and other participating subdivisions which have adopted twleve-year vesting, shall have the right, despite withdrawal from service prior to attainment of age sixty (60),to remain a member and to retire at or after age sixty (60), conditioned that he lives to date of retirement and that he shall not have with- drawn his accumulated deposits with the System. V®a-..PAGE 4202 -2- 1 "4. Prior service credit (not exceeding 36 months total) , shall be, and is hereby allowed (effective January 1, 1980) for active service in the armed forces of the United States performed by a TCDRS member of this County under the follow- . , ing conditions, viz "(a) Such service was performed prior to date of the County's participation in Texas County and District Retire- ment System "(b) Such service was performed during a time that the United States was involved in organized conflict with foreign forces, whether in a formal state of war or police action, "(c) Such person was an employee of said County immediately prior to the beginning of such service in the armed forces, entered such military service without inter- vening employment, and returned to employment of said County within one hundred eighty (180) days following his discharge or release from active duty with the armed forces, and "(d) Such person has not heretofore been allowed credit for any part of such military service " "5. Any person who is a TCDRS member of this County on or after January 1, 1980, and who was a member of the military service of the United States during the period from April 6, 1917 to November 11, 1919, or from October 16, 1940 to October 31, 1974, and who otherwise qualifies under the requirements of paragraph (d) (9) of Subsection 11, Section VI of Article 6228g, Vernon's Texas Civil Statutes, shall be granted current service credit for each month of such military service (not ! exceeding the limits prescribed in said Act) for which such member makes application and makes deposits within the time and manner as required by said Act Any prior service allowed such member pursuant to paragraph 4. above, of this order shall be included in determining the maximum credit which may be r allowed such member for military service -3- r t + ? 1 ! f ! Y , ~mr .~-•---a7I'~~~ ~1"s _~.-",F~'.~-..r_..~.,a,►~waAr~~r~---'-- `Tif r . !t J t s } I . + ~ r _ ~l tr"T~ ~ ry s ~ y- ..2 !-F y! ti ;^"r/~ ~ ~,1C ~T,'?!'+ ~ i 4 { ~ f~v""v'~inX--~'G„-~-•-~M•.-r"'w? v ✓ ~ rr~>`;.~vt,#•T-•....,~..--r~l t I 1 ! t> rl I ~TRrr ` t LL r+ w n~- + o- "t, I J I r 1 I _ ~ y ~ SF f~~~~-~.ITi^vtr ~x 1 •+1 d ` ~d--"~~i~e.-_~ I ~ - w ~r 1 ,t r ' The above order being read,'it was moved and seconded that the same do pass and be adopted Thereupon, the question being called for, the following members voted Aye Judge Holu*reet, Commissioner Cooley, Commissioner Wilcox, Commissioner Cargill, Commissioner Stasny, and none voted No Witness our hands officially this 10th day of December, 1979 o green, oun y Judge r O9 y, omm ssion of Precinct 1 i - 1 1 ,1 ) a 1 Walter Wilcox, commissioner o= Precinct 2 g omm s ion r Precinct 3 ,.e tasny, omm s over o Pre nct 4 i ATTEST County Clerk an Ex-Officio Cleric of the Commissioners Court, Brazos County, Texas I -4- lit= ~~w d a J ~ "f ` t t~ ~ J s4 14 r Va ter Wilcox Commissioner, Precinct 2 t Ir tasny Commissioner, Pr cinct 4 The foregoing minutes have been examined and approved in open Court this the ~ day of ,19 S~ in Bryan , Brazos County, Texas. 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Y .r f / l~l 1 ~ 3 (•t 4Y r, + J, yy 4 r V F 5 C R •A(~:i tf ~ 11 i 1'r` ` Y Y/~ M~,, w ~ t t;t ~ ,6JC ~ L`ilY.t ° j'1 r 1 r ~ T ti't t , S tt c , s i, - . rr ~...1 .•-.wr.- ` ` r / J.^IT^nT1~Llf r t? •17tyC i `JZ~ r~+0'_'^j' -1Ti ' ,~^*T.•~Il'.T~ r` 7plrw / hay ~r r I , ~ r = t A ~ ~ t I t f = ~ ^ ~ ~ 11~ ~ r / .7 t ~ .r. ' ~ ~t~~ ; ~.~r . rT- r-r 'F _