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Home My WebLink About1980-02-11-1000AM-Regular�I e VOL o PAGE..& COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 11, 1980 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 10 00 A.M on Monday, February 11, 1980, 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, H L Cargill, Commissioner of Precinct 3, W A Stasny, Commissioner of Precinct 4, Frank Boriskie, County Clerk The following citizens and officials were in attendance Phyllis G Presby Susan Friesen Mary Nichols Steve Kirpatrick J M Beamer Jane Mills Smith Jim Waldrop Don G Woolley Bill Davie John Sneed Leanne Wakefield William J Thornton KAGC League of Women Voters Auditor TAMU Sheriff's office The Eagle Mustang Tractor Plains Machinery KAI fU -TV KAMU -TV IITAXJ AM & FM Attorney The Court received, approved and ordered filed as sub- mitted the following reports for January, 1980. W T Sistrunk, County Extension Agent, � C Jack Hunter, County Extension Agent, Mable Walker, County Extension Agent,, Wanda L Pope, County Extension Agent + The Court received, considered and approved the follow- ing reports from County and Precinct Officers showing official fees of office collected and remitted to the County Treasurer according to duplicate copies of the Treasurer's Official receipts attached thereto 1� _— � �.c -Md+ .o,r� �er�rw�•r"4.,.�t"'"�rr —�� - w..�w.. a.+�+orn wf.j�t.^..a�rr �_ ^�^ ^�'�Y. .. � ^A ^- r,.- t— .- ,....._._ j '• �. • 1 J I J REPORTS FOR JANUARY MEETING OF FEBRUARY 1980 FRANK BORISKIE, COUNTY CLERK 12 632 '7C Fees------------------------------------------- - - - - -$ , County Judge's Fees--------------------------- - - - - -- 316 00 County Attorney's Fees---------- r------------- - - - - -- 1,683 50 Sheriff's Fees-------------------------------- - - - - -- 919 75 Fines----------------------------------------- - - - - -- 6,028 00 Criminal Justice Fees-- (62) ------------------- - - - - -- 310 00 Law Enforcement Education Fund---------------- - - - - -- 62 00 LawLibrary Fees------------------------------ - - - - -- 134.50 Victims of Crime Tax-------------------------- - - - - -- 540 00 TOTAL COUNTY CLERK'S FEES-------------------------- - - - - -- $22,626 505 50 FRANK BORISKIE, Sanitary Sewer Permits ------------------- $ 700 00 W D BURLEY, DISTRICT CLERK Fees ------------------------------------------------ $ 3,311 95 Sheriff's Fees-------------------------------- - - - - -- 667 75 Sheriff's Jury Fees--------------------------- - - - - -- 335 00 District Attorney's Fees---------------------- - - - - -- 159 50 Fines----------------------------------------- - - - - -- 508 00 Trialand Jury Fees--------------------------- - - - - -- 55 00 LawLibrary Fees------------------------------ - - - - -- 505 50 Criminal Justice Fees-- (4) -------------------- - - - - -- 40 00 Law Enforcement Education Fund---------------- - - - - -- 4 00 Victims of Crime Fund------------------------- - - - - -- 30 00 TOTAL DISTRICT CLERK'S FEES ------------------------------ $ 5,616 70 GERALD L (BUDDY) WINN, TAX ASSESSOR - COLLECTOR -- -(Dec 79)$ 7,728 17 BOBBY H YEAGER, SHERIFF --------------------------------- $ 2,215 00 E A WENTRCEK, JR , CHIEF JUVENILE PROBATION OFFICER ---- $ 65.00 DAN RICHARD BETO, CHEIF PROBATION OFFICER ---------------- $ 7,582 00 E W. SAYERS, CONSTABLE, PRECINCT 7-------------- -- - - ----$ 98.00 B. H DEWEY, JR , JUSTICE OF THE PEACE, PRECINCT 4, PLACE 1 Fines------------------------------------------ - - - - -$ 10851 69 Sheriff's Fees-------------------------------- - - - - -- 91 00 ConstableFees------------------------------ -- - - - - -- 262 00 Small Claim Fees------------------------------ - - - - -- 23 00 CivilFees------------------------------------ - - - - -- 180 50 Criminal Justice Fees-- (80) ------------------- - - - - -- 200 00 Law Enforcement Education Fund---------------- - - - - -- 80 00 TOTAL JUSTICE OF THE PEACE, PRECINCT 4, PLACE 1 FEES - - - - -$ 2,688 19 CAROLYN M HENSARLING, JUSTICE OF THE PEACE, PRECINCT 4, PLACE 2 Fees ------------------------------------------------ $ 60548 05 Sheriff's Fees-------------------------------- - - - - -- 7 00 Criminal Justice Fees -- (304) ------------------ - - - - -- 760 00 Law Enforcement Education Fund---------------- - - - - -- 304 00 TOTAL JUSTICE OF THE PEACE, PRECINCT 4, PLACE 2 FEES - - - - -$ 7,619 05 MICHAEL B CALLIHAM, JUSTICE OF THE PEACE, PRECINCT 7, PLACE 1 fFines ----------------------------------------------- $ 3,466 60 Constable Fees-------------------------------- -- - - -- 732.00 Small Claims Fees----------------- ------- ----- --- - -- 12 00 Civil Fees - -- 63 00 --------------------------------------- Certified Copies------------------------------ - - - - -- 18.00 Criminal Justice Fees- -(99) - 247 50 Law Enforcement Education Fund---------------- - - - - -- 99 00 j TOTAL JUSTICE OF THE PEACE, PRECINCT 7, PLACE 1 FEES - - - --$ 4,638 10 A P BOYETT, JR , JUSTICE OF THE PEACE, PRECINCT 7, PLACE Fines------------------------------------------ - - - - -$ 5,945.50 Criminal Justice Fees -- (285) ------------------ - ----- 712 50 I' Law Enforcement Education Fund---------------- - - - - -- 285.00 1 TOTAL JUSTICE OF THE PEACE, PRECINCT 7, PLACE 2 FEES - - - - -$ 6,943 00 THE BRAZOS CENTER ---------------------------------------- $ 5,626 52 VOL, .LPAGES _ l fig] COMMISSIONERS' COURT MEETING - FEBRUARY 11, 1980 CONTINUED The Court first considered a Resolution proclaiming February 15, 1980 as "KAMU Public Television Day" in Brazos County On motion by Commissioner Cargill, seconded by Commissioner Stasny, the Court unanimously voted to adopt the Resolution The Court next considered bids for the purchase of a motor grader for Precinct 4 The following bids were received Plains Machinery Co - $ 73,716 67 Mustang Tractor & Equipment Co - $ 62,494 00 Commissioner Cargill moved to accept the choice of Commissioner Stasny This motion died of lack of a second Mr Stasny asked to pass this item to be taken up at the end of the meeting On motion by Commissioner Cooley, seconded by Commissioner Cargill, the Court unanimously approved Requests For Change In Status Of Employees as follows Jack May Henry Lee Wedel Roger Pigott Zane Gauthier Andrea Leabo Building & Yards Building & Yards Health Department Sheriff's office Tax office The Court proceeded to consider the following Claims submitted by the County Auditor for payment- #' General Fund Revenue Sharing Law Library i5 Crime Control Precinct 1 Precinct 2 Precinct 3 �+ Precinct 4 County Shop Claims 347 through 669 Claims 3 Claims 3 through 4 Claims 5 through 6 Claims 12 through 24 Claims 25 through 56 Claims 18 through 31 Claims 12 through 21 Claims 14 through 38 11 On motion by Commissioner Cooley, seconded by Commissioner q Cargill, the Court unanimously voted to pay the Claims as submitted The Court next considered an application for authorization and approval of a Nonprofit Housing Finance Corporation The County Judge recommended the creation of this corporation to, help finance low to moderate housing for home buyers in Brazos 0 County On motion by Commissioner Cooley, seconded by Commissioner Cargill, the Court unanimously voted to create a Nonprofit aJ � -....� -� _ _ - ••--�- //- — ^ r - � _'F".."'1 �- i- ..•-- �- ...+-r-er+ +r^-- tir `YC" 1 /^...oe� -�- > _ �., .... ti � � � 17 _.. M �_ y , i i *.rLar.- .a.nG�W.h'S�'{�,vfrca r 5 � rte; "+��w w v`r— — �.i •_ V-.-• � p �.. t r �~ I • / i � t _ 1 f J � T� h T / �/ � ! S • 1 . J-1 � .. .,..�.� .f m. � .�.ma..`.,, _..... � � � .� ,. � ,a , � +a•. •,, ! COMMISSIONERS' COURT MF,ETINC - FEBRUARY 11, 1980 CONTINUED 1x r 1 o Housing Finance Corporation, with such Housing Finance corp- oration to be known as "Brazos County Housing Finance Corpor- ation" A copy of a resolution is attached to and made a 1� part of these minutes t The Court next considered an application for authorization I and approval of a Nonprofit Industrial Development Corporation The County Judge recommended the creation of this corporation to help finance capital improvements for industries through non - taxable bonds ds On motion b Commissioner Cargill, seconded I' n by Commissioner Cooley,'the Court unanimously voted to create ;C a Nonprofit Industrial Development Corporation, with such development corporation to be known as "Brazos County Industrial it Development Corporation ". 1 The Court next considered three (3) appointments to the Brazos County Child Welfare Board. On recommendation by the County Judge and on motion by Commissioner Stasny, Dr Jesse Parr, Joe Walker and Mrs Nevill Clarke were appointed to the Child Welfare Board Motion was seconded by Commissioner Wilcox and carried unanimously The Court recessed at 10 30 A M to reconvene in fifteen (15) minutes 1045 AM The Court rzconvened at 10 45 A M to award the bid for a motor grader for Precinct 4 On motion by Commissioner Stasny, seconded by Commissioner Cargill, the Court unanimously voted to accept the low bid of Mustang Tractor and Equipment Company f; There being no further business to come before the Court, the County Judge announced the meeting adjourned I i 0LQ AGE ` ___.�.. t --- •-- „--- �^ --'- ._-�_- � r.- ..- .'roc- ,..-- •- ^- •- -- - -�- - •- •-•-^- ++z— .- ...- .�., -�-- -� f RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT HOUSING FINANCE CORPORATION TO ACT ON BEHALF OF BRAZOS COUNTY, TEXAS WHEREAS, an application in writing requesting the authoriza- tion and approval of the creation of a nonprofit housing finance corporation to act on behalf of Brazos County, Texas, under the provisions of the "Texas Housing Finance Corporations Act of 1979 ", Article 1269(1 -7), Vernon's Texas Civil Statutes, has been filed with the governing body of Brazos County, Texas (being its Commissioners Court) by at least three natural persons, each of whom is a qualified elector of Brazos County, Texas, and WHEREAS, the Texas Housing Finance Corporations Act of 1979 authorizes cities and counties to utilize a housing Zinance corporation to issue obligations and bonds on behalf of the sponsoring city or county to finance the cost of residential ownership and development that will provide decent, safe, and sanitary housing for residents of Brazos County at prices they can afford ' WHEREAS, the Commissioners Court of Brazos County, Texas, p has reviewed and approved the above - described application and the Articles of Incorporation and Bylaws and has determined to ,i authorize and approve the creation of the corporation, a not -for- profit entity, as its constituted authority and instrumentality to + accomplish the specific public purpose of financing the cost of 'E? residential ownership and development as aforesaid. THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS THAT Section 1. The governing body of Brazos County, Texas, has found and determined, and hereby finds and determines, that said application is in proper form and substance and that it has been signed by at least three natural persons, each of whom is at least 18 years of age, and each of whom is a qualified elector of Brazos County, Texas Section 2 The governing body of Brazos County, Texas, has found and determined, and hereby finds and determines, that it is advisable that a nonprofit housing finance corporation be authorized and created, with such housing finance corporation to be known as the "Brazos County Housing Finance Corporation" (the "Corporate on ") l' Section 3. The governing body of Brazos County, Texas, hereby approves the Articles of Incorporation and the Bylaws proposed to be used in organizing the Corporation (copies of which' j were attached to the above - described application and copies of ,f which are attached to this Resolution and made a part hereof for all purposes), hereby grants authority for the incorporation of ` the Corporation, and hereby appoints R J Holmgreen, W A Stasny, and Walter Wilcox, the initial directors of the Corporation Section 4. The public purposes of Brazos County, Texas, which the Corporation may further on behalf of Brazos County, Texas, are the cost of residential ownership and development that ,s will provide decent, safe, and sanitary housing for residents of Bravos County at prices they can afford pursuant to the provi- sions of the Texas Housing Finance Corporations Act of 1979 4 Section 5 The Corporation is hereby designated as the duly constituted authority and instrumentality of the County (within the meaning of those terms in the regulations of the Treasury and the rulings of the Internal 'Revenue Service pre- scribed and promulgated pursuant to Section 103 of the Internal Revenue Code of 1954, as amended) and shall be authorized to act on behalf of the County for the specific public purpose of the cost of residential ownership and development that will i 'P• T tr-r'1'ZSte2> ti .✓, » .. �.. .. i c r •r J• r , :F a,. p.+,�— Fi?74/. r .,. w F ,. y I f M 1 1 i ` i 1 f � 1 Y e r � � • � � �..��.4��Lr5 V. J+�.r �... 1� �J ! }l�J�...�A_= rV3wW.. W+1aL`- '.' —__ ..yl )�w�� 2L iI.L+� = ur —Y+� L�LT.rH L- M�1. : }rW .. v` UYru 1 1� ��w �. rL�/sYO�iYG gPtlh• J.w� —+. IN Lin] Y„ ._�__..r a ! 1 r � 1 1 i N1 r y 1 f r 'l 1 , 1 r 1 i 1 ri provide decent, safe, and sanitary housing for residents of Brazos County at prices they can afford pursuant to the provisions of the Texas Housing Finance Corporations Act of 1979, but the Corporation is not intended to be and shall not be a political subdivision or a political corporation within the meaning of the ' Constitution and the laws of the State of Texas (the "State "), including without limitation Article III, Section 52 of the State 57 Constitution, and the County does not delegate to the Corporation any of its attributes of sovereignty, including the power to tax, the power of eminent domain, or the police power. I y Section 6. The Corporation may, under the conditions set forth in this Resolution, issue obligations on behalf of the County, and make loans for the cost of residential ownership and development that will provide decent, safe, and sanitary housing for residents of Brazos County at prices they can afford pursuant _a to the provisions of the Texas Housing Finance Corporations Act of 1979 The County shall not lend its credit or grant any public money or thing of value in aid of the Corporation Furthermore, obligations issued by the Corporation with the approval of the County shall be deemed not to constitute a debt of the State, or the County or of any other political corporation, subdivision or agency of the State or a pledge of the faith and credit of any of them, but such obligations shall be payable solely from the funds herein provided. The Corporation shall not be authorized to incur financial obligations which cannot be paid from proceeds of the obligations Section 7. Upon dissolution of the Corporation, the County shall accept title to or other interests in any real or " personal property owned by the Corporation at such time Section 8 This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Texas Housing Finance Corporations Act of 1979 and of Section 103 of the Internal Revenue Code of 1954, as amended and the regulations prescribed thereunder from time to time and for the benefit of the Corpora - tion, the County, the owners or holders from time to time of the obligations of the Corporation, and all other interested persons. Section 9. The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted on a bulletin board located at a place convenient to the public in the County Courthouse of the County for at least 72 hours preceding the scheduled time of such meeting, and that such place of posting was readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting, and that such meeting was open to the public as required by law at all times during which the Resolution and the subject matter thereof was discussed, considered, and formally acted upon, all as required by the Open Meetings Law, Article 6252 -17, Vernon's Texas Civil Statutes, as amended. The governing body further ratifies, approves, and confirms such written notice and the contents and posting thereof. h r J ' I I .� _ �. „- _ + — F ..a( �� .• a yr "�T�' .... � r i{ - � �-.... -. a F / f • '!a � � � ` `r �• a . n 7�'. f ~ :>` L. y! tc T �,7l.�'u.�. / i� fr.Sil. 71P& Vw�. a a ` r 11 rt'• RESOLUTION AUTHORIZING AND APPROVING THE CREATION OF A NONPROFIT INDUSTRIAL DEVELOPMENT CORPORATION TO ACT ON BEHALF OF BRAZOS COUNTY, TEXAS ry WHEREAS, an application in writing requesting the l�authorization and approval of the creation of a nonprofit y development corporation to act on behalf of Brazos County, k Texas, under the provisions of the "Development Corporation i Act of 1979 ", Article 5190.6, Vernon's Texas Civil Statutes (the "Corporation Act ") has been filed with the governing y body of Brazos County, Texas (being its Commissioners Court) by at least three natural persons, each of whom is at least t„ 18 years of age, and each of whom is a qualified elector of je Brazos County, Texas, and WHEREAS, the Corporation Act authorizes cities, counties, and conservation and reclamation districts to utilize an industrial development corporation to issue obligations and bonds on behalf of the sponsoring city, county, or conservation and reclamation district to finance projects promoting and developing commercial, industrial, and manufacturing enterprises; and WHFREAS, the Commissioners Court of Brazos County, Texas, has reviewed and approved the above - described applica- tion and the Articles of Incorporation and Bylaws and has determined to authorize and approve the creation of the corporation, a not - for - profit entity, as its constituted authority and instrumentality to accomplish the specific public purpose of the promotion and development of commercial, industrial, and manufacturing enterprises to promote and en- courage employment and the public welfare THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS THAT Section 1. The governing body of Brazos County, - Texas, has found and determined, and hereby finds and deter- mines, that said application is in proper form and substance and that it has been signed by at least three natural persons, each of whom is at least 18 years of age, and each of whom is a qualified elector of Brazos County, Texas. Section 2 The governing body of Brazos County, Texas, haq found and determined, and hereby finds and deter- mines, that it is advisable that a nonprofit industrial devel- opment corporation be authorized and created, with such devel- opment corporation to be known as the "Brazos County Industrial Development Corporation" (the "Corporation ") Section 3. The governing body of Brazos County, Texas, hereby approves the Articles of Incorporation and the Bylaws proposed to be used in organizing the Corporation (copies of which were attached to the above - described application and copies of which are attached to this Resolution and made a part hereof for all purposes), hereby grants authority for the incorporation of the Corporation, and hereby appoints R_ J_ Hn 1 mgrPPn f _ H, ;, Carries i 1 r and Rill CnnjpV the initial directors of the �r Corporation. Section 4. The public purposes of Brazos County, Texas, which the Corporation may further on behalf of Brazos i County, Texas, are the promotion and development of commercial, industrial, and manufacturing enterprises to promote and en- courage employment and the public welfare. Section 5 The Corporation is hereby designated as the duly constituted authority and instrumentality of the County (within the meaning of those terms in the regula- tions of the Treasury and the rulings of the Internal Revenue +? VOL PACE 44? e e� r r t Service prescribed and promulgated pursuant to section 103 of the Internal Revenue Code of 1954, as amended) and shall be authorized to act on behalf of the County for the specific public purpose of the promotion and development of commercial, industrial, and manufacturing enterprises to promote and en- courage employment and the public welfare, but the Corporation is not intended to be and shall not be a political subdivision or a political corporation within the meaning of the Constitu- tion and the laws of the State of Texas (the "State "), including without limitation Article III, Section 52 of the State Con- stitution, and the County does not delegate to the Corporation any of its attributes of sovereignty, including the power to tax, the power of eminent domain, or the police power. Section 6. The Corporation may, under the condi- tions set forth in this Resolution, issue obligations on behalf of the County, acquire, lease, sell, or convey certain properties and make loans for the promotion and development of commercial, industrial, and manufacturing enterprises to promote and encourage employment and the public welfare The County shall not lend its credit or grant any public money or thing of value in aid of the Corporation Furthermore, obligations issued by the Corporation with the approval of the County shall be deemed not to constitute a debt of the State, or the County or of any other political corporation, subdivision or agency of the State or a pledge of the faith and credit of any of them, but such obligations shall be payable solely from the funds herein provided. The Corpora- tion shall not be authorized to incur financial obligations which cannot be paid from proceeds of the obligations or from revenues realized from the lease or sale of a project or realized from a loan made by the Corporation to finance or refinance in whole or in part a project "Project" shall mean the land, buildings, equipment, facilities, and im- provements (one or more) found by the Board of Directors of the Corporation (the "Board of Directors ") to be required or suitable for the promotion of commercial or industrial de- velopment and expansion, the promotion of employment or for use by commercial, manufacturing, or industrial enterprises, irrespective of whether in existence or required to be acquired or constructed after the making of such findings by the Board of Directors Section 7 Upon dissolution of the Corporation, the County shall accept title to or other interests in any real or personal property owned by the Corporation at such time. Section 8. This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Corporation Act and of section 103 of the Internal Revenue Code of 1954, as amended and the regulations prescribed there- under from time to time and for the benefit of the Corporation, the County, the owners or holders from time to time of the obligations of the Corporation, and all other interested persons. Section 9. The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted on a bulletin board lo- cated at a place convenient to the public in the County Court- house of the County for at least 72 hours preceding the scheduled time of such meeting, and that such place of posting was readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting, 2. ;*' 1) t V, VO PAGES D �- - - - - -� - '. y - ..- �. -_ � _ -. - _.. � n- -. .-. ..-. + - � - -.p,.� ._ '� -�-� -•- --•- Tyr"...^ -'Z•- _t Y � t t r � � 1I tl . _ _ k r�•J TAY• r f r .' yl' i � r 1 -� v+ J! I • frt � i A 1 • � l b �9n'J rte 0 and that such meeting was open to the public as required by law at all times during which the Resolution and the subject matter thereof was discussed, considered, and formally acted upon, all as required by the Open Meetings Law, Article 6252 -17, Vernon's Texas Civil Statutes, as amended. The governing body further ratifies, approves, and confirms such written notice and the contents and posting thereof. E 3• _- VOL O PAGE. E f -_ . I i R YOL-ILPAGE..!6 _ The foregoing minutes have been examined and approved in open Court this the 1 day of ,1990 in Bryan Brazos County, Texas R J Holmgreen Bill J 041 oley County Judge Commissioner, Precinct 1 az� Afx-4 Walter Wilcox Commissioner, Precinct 2 77 L CargqAl ommissioner, Precinct 3 tasny ran or ie ,Commissioner, Precinct 4 Counter Clerk I � w � I ti R t J