HomeMy WebLinkAbout1980-09-08-1000AM-RegularI
VOL WA -m- — PAG 1E
COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 8, 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, September 8, 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
Tammy L Pardi
KAGC News
Angela Leonard
Humane Society
James R Blackburn
Humane Society
Elizabeth Blackburn
Humane Society
Angela McCoy
Humane Society
Iva Butcher
Humane Society
Pat Haynes
Humane Society
N A McNiel
Citizen
Chalon Jones
Citizen
Patricia Merca
Humane Society
James Duffey
Humane Society
Jean K Duffey
Humane Society
David Heiligmann
TAMU Student
Scott DeLucia
KBTX -TV
Jean Kiser
KAMU
Bill Davie
KAMU
Bill McLeod
Texas Voting Systems, Inc
Brad J Smith
272nd District Judge
Bobby H Yeager
Sheriff
John Morris
The Eagle
Buddy Winn
Tax Assessor - Collector
E A Wentrcek, Jr.
Juvenile Probation
Phyllis Presley
WTAW
Billy E Beard
Citizen
Davis McGill
A G Edwards & Sons
Mary Nichols
Auditor
Jack Palmer
Humane Society
John G Otts
Citizen
B V Elkins
Treasurer
W R Vance
Attorney
Jack Cumpton
Architect
The Court received, approved and ordered filed as sub-
mitted the following reports for August, 1980
W T Sistrunk, County Extension Agent,
Mike McKinney, County Extension Agent,
C Jack Hunter, County Extension Agent,
Mable Walker, County Extension Agent,
Wanda L Pope, County Extension Agent
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COMMISSIONERS COURT MEETING - SEPTEMBER 8, 1980 CONTINUED
I I
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
j according to duplicate copies of the Treasurer's Official
receipts attached thereto
W. D BURLEY, DISTRICT CLERK
Fees------------------------------------------------------- $
4,444.05
Sheriff's Fees--------------------------------------- - - - - --
829
00
Sheriff's Jury Fees---------------------------------- - - - - --
470
00
District Attorney's Fees----------------------------- - - - - --
312
00
Fines------------------------------------------------ - - - - --
880
00
Trial & Jury Fees------------------------------------ - - - - --
65
00
LawLibrary Fees------------------------------------- - - - - --
705
00
CriminalJustice Fees-------------------------------- - - - - --
80.00
Law Enforcement Education Fund----------------------- - - - - --
8
00
Victims of Crime Fund-------------------------------- - - - - --
30
00
TOTAL DISTRICT CLERK FEES --------------------------------------- $
7,823
05
GERALD L. (BUDDY) WINN, TAX ASSESSOR - COLLECTOR - - - -- -(June 1980) -$ 4,834 77
GERALD L. (BUDDY) WINN, TAX ASSESSOR - COLLECTOR - - - -- -(July 1980) -$ 4,672.95
DAN RICHARD BETO, CHIEF PROBATION OFFICER ----------------------- $ 8,782 00
BOBBY H YEAGER, SHERIFF--------------------- - - - - -- -(July 1980) -$ 3,653 00
BOBBY H YEAGER, SHERIFF-------------------- - - - - -- (August 1980) -$ 2,100 00
B H DEWEY, JR , JUSTICE OF PEACE, PRECINCT 4, PLACE 1
Fines ------------------------------------------------------ $ 1,202 35
Constable Fees--------------------------------------- - - - - -- 297 00
Small Claim Fees------------------------------------- - - - - -- 22 00
CivilFees------------------------------------------- - - - - -- 86 00
Criminal Justice Fees--( 59) -------------------------- - - - - -- 147 50
Law Enforcement Education Fund----------------------- - - - - -- 59 00
TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 1 FEES ---------------- $ 1,813 85
CAROLYN M HENSARLING, JUSTICE OF PEACE, PRECINCT 4, PLACE 2
Fines ------------------------------------------------------ $ 8,221 30
Sheriff's Fees--------------------------------------- - - - - -- 147 00
Criminal Justice Fees - -( 303) ------------------------- - - - - -- 757 50
Law Enforcement Education Fund----------------------- - - - - -- 303 00
TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 2 FEES ---------------- $ 9,428 80
MICHAEL B CALLIHAM, JUSTICE OF PEACE, PRECINCT 7, PLACE 1
Fines------------------------------------------------------ $ 3,873 58
Constable Fees--------------------------------------- - - - - -- 856 52
Small Claim Fees------------------------------------- - - - - -- 42 00
CivilFees------------------------------------------- - - - - -- 126 00
Miscellaneous---------------------------------------- - - - - -- 8 00
Criminal Justice Fees - -( 104) ------------------------- - - - - -- 260 00
Law Enforcement Education Fund----------------------- - - - - -- 104 00
TOTAL JUSTICE OF PEACE, PRECICNT 7, PLACE 1 FEES ---------------- $ 5,270 10
VOL.0 PAGE
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COMMISSIONERS' COURT MEETING - SEPTEMBER 8, 1980 CONTINUED
VOL-Q PAGE 562
On motion by Commissioner Cooley, seconded by Commissioner
Stasny, the minutes of the meetings held August 11, and August
22, 1980, were examined and approved without change
The Court next heard a presentation by Chalon Jones
regarding legal aid for civil and criminal cases in Brazos County.
He advised the Court that criminal appointments are made by a
rotating system of the District Judges and that many attorneys
are not qualified to represent these indigents Mr Jones sug-
gested the County look into a "public defender" system consist-
ing of two or three attorneys to represent all indigents,
The Court next heard a presentation by Jean Duffey regarding
a county -wide animal shelter The Court was asked for their
support and pledge for the shelter Many citizens voiced their
support for these facilities After much discussion Commissioner
Cooley moved to pledge support in the amount of $5,000 Motion
was seconded by Commissioner Cargill with Commissioners Cooley,
Cargill, Wilcox and the County Judge voting "Aye" Commissioner
Stasny voted "No ", whereupon the motion carried
All members being present as required by law, the Court
proceeded to set the tax rate for the year 1980, to be applied
in the collection of taxes due on October 1, 1980, After
discussion, Commissioner Stasny moved that the ad valorem tax
rate for all property on the tax rolls of Brazos County, Texas,
be set as follows
TOTAL TAX RATE - $0 38 per $100 assessed valuation
Motion was seconded by Commissioner Cooley, with Commissioners
Cooley, Stasny, Wilcox and the County Judge voting "Aye" and
Commissioner Cargill voting "No ", whereupon the County Judge
announced that the motion had carried and the tax rate set
for the above is hereby adopted for the year 1980 and hereby
levied against all property in Brazos County, Texas
The Court next considered an Order Authorizing The Issuance
of $1,000,000 Brazos County, Texas, Limited Tax Courthouse And
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COMMISSIONERS' COURT MEETING - SEPTEMBER 8, 1980 CONTINUED
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Building Bonds, Series 1980 -A The Order was introduced and read
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in full. Commissioner Wilcox moved that the Order be adopted.
Motion was seconded by Commissioner Stasny and carried unanimously,
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A full copy of the Order and Certificate are attached to and made
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a part of these minutes.
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"} The Court next considered the appointment of an election
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judge alternate for voting precinct `23 On motion bg Commissioner
Cargill, seconded by Commissioner Wilcox, the Court unanimously
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voted to appoint Lois Wilbanks election judge alternate due to
1 the resignation of Keith Bryant
The Court next considered Amendments to the 1980 Budget
On motion by Commissioner Wilcox, seconded by Commissioner
Stasny, the Court unanimously approved the amendments to the
budget, a copy of which is attached to and made a part of
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these minutes
The Court proceeded to consider a Resolution to contract
with the Texas Youth Council to provide financial assistance to
the county to reduce commitments of juveniles to the Youth
Council On motion by Commissioner Wilcox, seconded by Commissioner
Stasny, the Court unanimously approved the Resolution, a copy
of which is attached to and made a part of these minutes A full
copy of the contract is on file in the Commissioners' office
The Court next considered the payment of fire calls to
the City of Bryan in the amount of $981 91 for the month of
July, 1980 On motion by Commissioner Wilcox, seconded by
Commissioner Cargill, the Court unanimously voted to pay the
City of Bryan in the amount of $981 91
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The Court proceeded to open the following bids for surplus
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1 Robeson Motor Co, - $70 50
2 Frank Palermo's Amoco - $57 50
3 Vince Patranella - $62 50
On motion by Commissioner Cooley, seconded by Commissioner Stasny,
the Court unanimously voted to accept the highest bid,
V0�0 PA14L (3
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COMMISSIONERS' COURT MEETING - SEPTEMBER 8, 1980 CONTINUED
VOL_QLFAGE
The Court next considered the following bids for election
supplies, services and repair and maintenance of all voting
equipment
1 Texas Voting Systems, Inc (Services & Supplies)
$9,650 00
2 Texas Voting Systems, Inc (Repair & Maintenance)
$450 00
On motion by Commissioner Wilcox, seconded by Commissioner
Stasny, the Court unanimously voted to award both bids to
Texas Voting Systems, Inc
On motion by Commissioner Stasny, seconded by the County
Judge, the Court unanimously voted to adopt a Resolution to
authorize the condemnation of certain real property situated
in Brazos County, Texas, for construction purposes and parking
requirements of the Courthouse complex, and to authorize
William R Vance, attorney at law to proceed with the condemna-
tion thereof A full copy of the Resolution is attached to and
made a part of these minutes
On motion by Commissioner Cooley, seconded by Commissioner
Wilcox, the Court unanimously approved Requests For Change In
Status Of Employees as follows
Verna Wilganowski
Patti Rae Kern
Linda Ricketson
Judy Cordova
Deborah Mitchell
Barbara McAllister
LaVone Stalcup Probst
W J Everett
John McCain
Marcia Michella Hickman
Maria Ann Smailes
Rita Jane Villarreal
George Wilbert
I B Harrison
Macon Whiteley
Keith Roy Foltermann
Sandra S Hodges
Judi. Elaine Seago
Brenda Pruitt
The Brazos Center
The Brazos Center
Court Administrator's office
Court Admi*n i s trator' s office
District Attorney's office "
85th District Court
85th District Court
Janitorial
Janitorial
Justice of the Peace
Juvenile Probation
Juvenile Probation
Precinct 2
Precinct 2
Sheriff's office
Sheriff's office
Tax office
Tax office
Tax office
The Court proceeded to consider the following Claims
submitted by the County Auditor for payment
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COMMISSIONERS' COURT MEETING - SEPTEMBER 8, 1980 CONTINUED
General Fund
Claims
2671
through
2925
Law Library
Claims
29
through
31
Revenue Sharing
Claims
24
/
County Shop
Claims
164
through
178
Precinct 1
Claims
178
through
194
Precinct 2
Claims
227
through
244
Precinct 3
Claims
236
through
250
Precinct 4
Claims
154
through
166
On motion by Commissioner Cooley, seconded by Commissioner
Wilcox, the Court unanimously voted to pay the Claims as
submitted
i The County Judge notified the Court that Jimmie T Gray,
'c•
f Constable Precinct 5 had moved out of the county. He advised
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the Court that by Statute the office is vacated On motion
by Commissioner Cooley, seconded by Commissioner Wilcox, the
Court unanimously approved the vacancy and authorized the
Auditor to stop payment of payroll checks
There being no further business to come before the Court,
the County Judge announced the meeting adjourned
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VOL PAGE
CERTIFICATE FOR ORDER
THE STATE OF TEXAS S
COUNTY OF BRAZOS S
0
We, the undersigned officers of the Commissioners Court (the
"Court ") of Brazos County, Texas (the "County "), hereby certify as
follows-
1. The Court convened in regular session at a regular term of
said Court, on the 8th day of September, 1980, at its regular meeting
place thereof, within said County, and the roll was called of the duly
constituted officers and members of the Court, to -wit
R. J. Holmgrecn
County Judge
Bill J. Cooley
Commissioner,
Precinct 1
Walter Wilcox
Commissioner,
Precinct 2
H. L. Cargill
Commissioner,
Precinct 3
W. A. Stasny
Commissioner,
Precinct 4
and all of said persons were present, except the following absentees:
io V, - , thus constituting a quorum.
Whereupon, among other business, the lollowing was transacted at said
meeting- a written
ORDER AUTHORIZING THE ISSUANCE OF $1,000,000 BRAZOS COUNTY,
TEXAS, LIMITED TAX COURTHOUSE AND BUILDING BONDS, SERIES 1980 -A
(the "Order ") was duly introduced for the consideration of the Court
and read in full. It was then duly moved and seconded that the Order
be adopted; and, after due discussion, said motion, carrying with it
the adoption of the Order, prevailed and carried by the following vote:
A IN
AYES- Commissioners Cooley, Wilcox, Cargill and Stasny.
NAYS: None.
2. That a true, full and correct copy of the Order adopted at
the meeting described in the above and foregoing paragraph is attached
to and follows this certificate; that the Order has been duly recorded
in the Court's minutes of said meeting; that the above and foregoing
paragraph is a true, full and correct excerpt from the Court's minutes
of said meeting pertaining to the adoption of the Order, that the persons
named in the above and foregoing paragraph are the duly cnosen, qualified
and acting officers and members of the Court as indicated therein; that
each of the officers and members of the Court was duly and sufficiently
notified officially and personally, in advance, of the date, hour, place
and subject of the aforesaid meeting, and that the Order would be intro-
duced and considered for adoption at said meeting, and each of said offi-
cers and members consented, in advance, to the holding of such meeting
for such purpose; that said meeting was open to the public as required by
law, and that public notice of the date, hour, place and subject of said
meeting was given as required by Vernon's Article 6252 -17, as amended.
SIGNED AND SEALED this 8th day of September, 1980
0!
County Clerk County Ji.dge
(COMM CT. SEAL)
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ORDER AUTHORIZING THE ISSUANCE OF
$1,000,000 BRAZOS COUNTY, TEXAS, LIMITED TAX
COURTHOUSE AND BUILDING BONDS, SERIES 1980 -A
THE STATE OF TEXAS §
COUNTY OF BRAZOS 9
WHEREAS, the bonds hereinafter authorized were duly and
favorably voted at an election held in and throughout Brazos
County, Texas, on the 26th day of January, 1980; and
WHEREAS, the Commissioners Court of Brazos County, Texas,
deems it advisable to issue, sell, and deliver $1,000,000 bonds
as a portion and the first installment of the $10,000,000 bonds
voted at said election, the remainder thereof to be issued,
sold, and delivered later;
THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF
, BRAZOS COUNTY, TEXAS, THAT:
Section 1. The negotiable, serial bonds of Brazos County,
Texas (the "County "), to be designated BRAZOS COUNTY, TEXAS,
LIMITED TAX COURTHOUSE AND BUILDING BONDS, SERIES 1980 -A (here-
inafter called the "Bonds "), are hereby authorized to be issued
and delivered in the principal amoufit of $1,000,000 for the
purpose of PURCHASING, CONSTRUCTING, RECONSTRUCTING, REMODELING,
IMPROVING AND EQUIPPING AN OFFICE BUILDING OR BUILDINGS, OR
COURTS BUILDING OR BUILDINGS, OR JAIL BUILDING OR BUILDINGS
(IN ADDITION TO THE EXISTING COURTHOUSE AND /OR JAIL), INCLUDING
THE PURCHASING AND IMPROVING OF THE SITE OR SITES FOR ANY OF
SUCH BUILDINGS.
Section 2. The Bonds shall be dated October 1, 1980,
shall be numbered consecutively from 1 through 20, shall be
in the denomination of $50,000 each, and shall mature serially
on September 1 of each of the years, and in the amounts, re-
spectively, as set forth in the following schedule
YEAR
�� a ^1 •rlk ��'C� J'Yi r+� Y J 5 <.1. 1 i! _Ile
�I
YEAR
AMOUNT
1981
J
1986
$ "I t,, , ;
1982
Eck— 7 \.)J
1987
T r
1983
,
16
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ORDER AUTHORIZING THE ISSUANCE OF
$1,000,000 BRAZOS COUNTY, TEXAS, LIMITED TAX
COURTHOUSE AND BUILDING BONDS, SERIES 1980 -A
THE STATE OF TEXAS §
COUNTY OF BRAZOS 9
WHEREAS, the bonds hereinafter authorized were duly and
favorably voted at an election held in and throughout Brazos
County, Texas, on the 26th day of January, 1980; and
WHEREAS, the Commissioners Court of Brazos County, Texas,
deems it advisable to issue, sell, and deliver $1,000,000 bonds
as a portion and the first installment of the $10,000,000 bonds
voted at said election, the remainder thereof to be issued,
sold, and delivered later;
THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF
, BRAZOS COUNTY, TEXAS, THAT:
Section 1. The negotiable, serial bonds of Brazos County,
Texas (the "County "), to be designated BRAZOS COUNTY, TEXAS,
LIMITED TAX COURTHOUSE AND BUILDING BONDS, SERIES 1980 -A (here-
inafter called the "Bonds "), are hereby authorized to be issued
and delivered in the principal amoufit of $1,000,000 for the
purpose of PURCHASING, CONSTRUCTING, RECONSTRUCTING, REMODELING,
IMPROVING AND EQUIPPING AN OFFICE BUILDING OR BUILDINGS, OR
COURTS BUILDING OR BUILDINGS, OR JAIL BUILDING OR BUILDINGS
(IN ADDITION TO THE EXISTING COURTHOUSE AND /OR JAIL), INCLUDING
THE PURCHASING AND IMPROVING OF THE SITE OR SITES FOR ANY OF
SUCH BUILDINGS.
Section 2. The Bonds shall be dated October 1, 1980,
shall be numbered consecutively from 1 through 20, shall be
in the denomination of $50,000 each, and shall mature serially
on September 1 of each of the years, and in the amounts, re-
spectively, as set forth in the following schedule
YEAR
AMOUNT
YEAR
AMOUNT
1981
$ u -
1986
$ "I t,, , ;
1982
Eck— 7 \.)J
1987
T r
1983
�uo,c�ecJ
1988
�
1984
/,z, ell(
1989
1985
)JO
1990
VOL ,,O PAGE
VO�PAGE s6&
The Bonds may be redeemed prior to their scheduled maturities,
at the option of the County, on the dates stated and in the
manner provided in the FORM OF BOND set forth in this order.
Section 3. The Bonds shall bear interest from their date
through 15XI4 3O , 19 Y1, at the rate of s' $ per annum,
and on and after /J4 / 19y/, at the rate of *7 S'd %
per annum, interest payable on the dates indicated in the FORM
OF BOND set forth in this order.
Section 4. The Bonds shall be registrable both as to
principal and interest, shall be payable, shall have the char-
acteristics, and shall be signed, executed and sealed, all as
provided and in the manner indicated in the FORM Or BOND set
forth in this order.
Section 5. The form of the Bonds, including the form of
registration certificate of the Comptroller of Public Accounts
of the State of Texas to be printed and endorsed on each of
the Bonds, and the form of the certificate of registration on
each of the Bonds, shall be, respectively, substantially as
follows-
FORM OF BOND-
NO. $50,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF BRAZOS
BRAZOS COUNTY, TEXAS, LIMITED TAX
COURTHOUSE AND BUILDING BOND
SERIES 1980 -A
ON SEPTEMBER 1, , BRAZOS COUNTY, TEXAS, (the "County "),
promises to pay to bearer, or if this Bond is registered, to the
registered owner hereof, the principal amount of
FIFTY THOUSAND DOLLARS
and to pay interest thereon, from the date hereof to bearer or,
if this Bond is registered, to the registered owner hereof,
through , 19 , at the rate of % per annum,
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and on and after , 19 , at the rate of %
r
per annum, interest payable September 1, 1981, and semiannually r
thereafter on each March 1 and September 1 while this Bond is f
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outstanding. The principal of and interest on this Bond shall
be payable to bearer or, if this Bond is registered, to the
registered owner hereof, in lawful money of the United States
of America, without exchange or collection charges to such
bearer or registered owner, upon presentation and, in the case
of the principal when due, surrender of this Bond at % ///
Texas,
which shall be the paying agent for this series of Bonds.
THIS BOND is one of a series of negotiable, serial bonds,
dated October 1, 1980, numbered consecutively from 1 through 20,
in the denomination of $50,000 each, issued in the aggregate
principal amount of $1,000,000 in accordance with the Constitution
and laws of the State of Texas, including particularly Article
2370b, V.T.C.S., and pursuant to an order duly adopted by the
Commissioners Court of the County for the purpose of PURCHASING,
CONSTRUCTING, RECONSTRUCTING, REMODELING, IMPROVING AND EQUIPPING
AN OFFICE BUILDING OR BUILDINGS, OR COURTS BUILDING OR BUILDINGS,
OR JAIL BUILDING OR BUILDINGS (IN ADDITION TO THE EXISTING COURT-
HOUSE AND /OR JAIL), INCLUDING THE PURCHASING AND IMPROVING OF
THE SITE OR SITES FOR ANY OF SUCH BUILDINGS.
ON , 198_, OR ON ANY DATE THEREAFTER, the
outstanding Bonds of this series may be redeemed prior to their
scheduled maturities, at the option of the County, IN WHOLE, OR
IN PART IN INVERSE NUMERICAL ORDER, for the principal amount
thereof and accrued interest thereon to the date fixed for any
such redemption. At least thirty days prior to the date fixed
for any such redemption, the County shall cause a written notice
of such redemption to be mailed to the bank at which the Bonds
are payable and either (1) mailed to the registered owners
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and on and after , 19 , at the rate of %
r
per annum, interest payable September 1, 1981, and semiannually r
thereafter on each March 1 and September 1 while this Bond is f
fi
outstanding. The principal of and interest on this Bond shall
be payable to bearer or, if this Bond is registered, to the
registered owner hereof, in lawful money of the United States
of America, without exchange or collection charges to such
bearer or registered owner, upon presentation and, in the case
of the principal when due, surrender of this Bond at % ///
Texas,
which shall be the paying agent for this series of Bonds.
THIS BOND is one of a series of negotiable, serial bonds,
dated October 1, 1980, numbered consecutively from 1 through 20,
in the denomination of $50,000 each, issued in the aggregate
principal amount of $1,000,000 in accordance with the Constitution
and laws of the State of Texas, including particularly Article
2370b, V.T.C.S., and pursuant to an order duly adopted by the
Commissioners Court of the County for the purpose of PURCHASING,
CONSTRUCTING, RECONSTRUCTING, REMODELING, IMPROVING AND EQUIPPING
AN OFFICE BUILDING OR BUILDINGS, OR COURTS BUILDING OR BUILDINGS,
OR JAIL BUILDING OR BUILDINGS (IN ADDITION TO THE EXISTING COURT-
HOUSE AND /OR JAIL), INCLUDING THE PURCHASING AND IMPROVING OF
THE SITE OR SITES FOR ANY OF SUCH BUILDINGS.
ON , 198_, OR ON ANY DATE THEREAFTER, the
outstanding Bonds of this series may be redeemed prior to their
scheduled maturities, at the option of the County, IN WHOLE, OR
IN PART IN INVERSE NUMERICAL ORDER, for the principal amount
thereof and accrued interest thereon to the date fixed for any
such redemption. At least thirty days prior to the date fixed
for any such redemption, the County shall cause a written notice
of such redemption to be mailed to the bank at which the Bonds
are payable and either (1) mailed to the registered owners
-3-
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VAL2-PAGE :�
thereof, or (2) published at least once in a financial publica-
tion published in the City of New York, New York, or in the
City of Austin, Texas. By the date fixed for any such redemp-
tion, due provision shall be made with the paying agent for
the payment of the required redemption prise. If such written
notice of redemption is given and if due provision for such
payment is made, all as provided above, the Bonds which are to
be so redeemed thereby automatically shall be redeemed prior
to their scheduled maturities; and they shall not be regarded
as being outstanding except for the purpose of being paid by
the paying agent with the funds so provided for such payment.
IT IS HEREBY certified, recited, and covenanted that this
Bond has been duly and validly voted, authorized, issued, and
delivered; that all acts, conditions, and things required or
proper to be performed, exist, and be done precedent to or in
the issuance and delivery of this Bond, have been performed,
existed, and been done in accordance with law, and that annual
ad valorem taxes sufficient to provide for the payment of the
interest on and principal of this Bond, as such interest comes
due and such principal matures, have been levied and ordered
to be levied against all taxable property in the County and
have been pledged for such payment within the limits prescribed
by law.
THIS BOND shall be transferable by delivery unless regis-
tered as to principal in the owner's name upon books of the
County to be kept for that purpose at the office of the County
Treasurer, the reg•strar, such registration to be noted hereon.
After such registration, no transfer of this Bond shall be
valid unless made on said books at the request of the registered
owner hereof, or his duly authorized agent, and similarly noted
hereon, but this Bond may be discharged from registration by
being in like manner transferred to bearer, whereupon transfer-
ability by delivery shall be restored, and this Bond may again
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and from time to time be registered or made payable to bearer
!I as before.
1
IN WITNESS WHEREOF, this Bond has been signed by the County
i
Judge, countersigned by the County Clerk, and registered by the
i
County Treasurer, and the official seal of the Commissioners
Court of the County has been duly impressed, or placed in fac-
t
simile, on this Bond.
xxxxxxxxxx
County Judge, Brazos County, Texas
I COUNTERSIGNED:
xxxxxxxxxx
County Clerk, Brazos County, Texas
REGISTERED
xxxxxxxxxx
County Treasurer, Brazos County, -
Texas
(SEAL)
FORM OF REGISTRATION CFRTIFICATE _
COMPTROLLER'S REGISTRATION CERTIFICATE• REGISTER NO*
I hereby certify that this Bond has been examined, certi-
fied as to validity, and approved by,, the Attorney General of
the State of Texas and that this Bond has been registered by
the Comptroller of Public Accounts of the State of Texas.
WITNESS my signature and seal this .
xxxxxxxxxx
Comptroller of Public Accounts or
(SEAL) the State of Texas
CERTIFICATE OF REGISTRATION-
IT IS HEREBY CERTIFIED that, at the request of the holder
of the within Bond, I have this day registered it as to prin-
cipal in the name of such holder as indicated in the registra-
tion blank below, on the books kept by me for such purpose.
The principal of and interest on this Bond shall be payable
on]y to the registered holder named in the below registration
I,
- 4 --
0
YOL.LPAGE 57,2
blanks. If the last transfer recorded on the books of the Reg -
r
istrar and in the below registration blank shall be to bearer,
the principal and interest of this Bond shall be payable to
bearer, and such Bond shall be in all respects negotiable
Signature of
Name of Date of County Treasurer
Registered Holder Registration (Registrar)
Section 6. A special fund or account, to be designated
the "Brazos County, Texas, Limited Tax Courthouse and Building
Bonds, Series 1980 -A, Interest and Sinking Fund" (hereinafter
called the "Interest and Sinking Fund "), is hereby created and
shall be established and maintained by the County at an offi-
cial depository bank of the County. The Interest and Sinking
Fund shall be kept separate and apart from all other funds and
accounts of the County and shall be used only for paying the
interest on and principal of the Bonds. All ad valorem taxes
levied and collected for and on account of the Bonds shall be
deposited, as collected, to the credit of the Interest and
Sinking Fund. During each year while any of the Bonds or in-
terest appertaining thereto are outstanding and unpaid, the
Commissioners Court of the County shall compute and ascertain
a rate and amount of ad valorem tax which will be sufficient
to raise and produce the money required to pay the interest
on the Bonds as such interest comes due, and to provide and
maintain a sinking fund adequate to pay the principal of the
Bonds as such principal matures, but never less than 2% of the
original principal amount of the Bonds as a sinking fund each
year; and said tax shall be based on the la
-6-
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rolls of the County, with full allowance being made for tax
delinquencies and the cost of tax collection. Said rate and
amount of ad valorem tax are hereby levied, and are hereby
ordered to be levied, against all taxable property in the County
for each year while any of the Bonds or interest appertaining
thereto are outstanding and unpaid; and said tax shall be
assessed and collected each such year and deposited to the
credit of the Interest and Sinking Fund. Said ad valorem taxes
sufficient to provide for the payment of the interest on and
principal of the Bonds, as such interest comes due and such
principal matures, are hereby pledged for such payment within
the limits prescribed by law.
Section 7. Immediately following delivery of the Bonds
to the purchaser thereof, the accrued interest and premium,
if any, shall be deposited in the Interest and Sinking fund.
Section 8. The Commissioners Court certifies that based
upon all facts and estimates now known or reasonably expected
to be in existence on the date the Bonds are delivered and
paid for, the Commissioners Court reasonably expects that the
proceeds of the Bonds will not be used in a manner that would
cause the Bonds or any portion of the Bonds to be an "arbitrage
bond" under Section 103(c)(2) of the Internal Revenue Code of
1954, as amended, and the regulations prescribed thereunder
Furthermore, all officers, employees and agents of the County
are authorized and directed to provide certifications of facts
and estimates that are material to the reasonable expectations
of the Commissioners Court as of the date the Bonds are delivered
and paid for. In particular, all or any officers of the County
are authorized to certify for the County the facts and circum-
stances and reasonable expectations of the County on the date
the Bonds are delivered and paid for regarding the amount and
use of the proceeds of the Bonds. Moreover, the Commissioners
Court covenants that it shall make such use of the proceeds of
-7-
1
YOL .PACE 57
the Bonds, regulate investments of proceeds of the Bonds and
IV
take such other and further actions as may be required so that
the Bonds small not be "arbitrage bonds" under Section 103(c)(2)
of the Internal Revenue Code of 1954, as amended, and the regu-
lations prescribed from time to time thereunder.
Section 9. The County Judge of the County is hereby au-
thorized to have control of the Bonds and all necessary records
and proceedings pertaining to the Bonds pending their delivery
and their investigation, examination, and approval by the
Attorney General of the State of Texas and their registration
by the Comptroller of Public Accounts of the State of Texas
Upon registration of the Bonds, the Comptroller of Public
Accounts (or a deputy designated in writing to act for the
Comptroller) shall manually sign the Comptroller's Registration
Certificate prescribed herein to be printed and endorsed on
each Bond; and the seal of the Comptroller shall be impressed,
or placed in facsimile, on each of the Bonds.
Section 10. The Bonds are hereby sold and shall be de-
livered to 71W rlW57- /l//�ri�a/�/
P�rAi for the par value thereof and accrued interest
thereon to date of delivery, plus a premium of $ -0 - , sub-
sect to the unqualified approving opinions, as to the legality
of the Bonds, of the Attorney General of the State of Texas
and of Vinson & Elkins, Houston, Texas, market attorneys.
Section 11. The County Judge, County Clerk, County Trea-
surer and other appropriate officials of the County are hereby
authorized and directed to do any and all things necessary or
convenient to carry out the provisions of this order.
Section 12. It is hereby officially found and determined
that the need of the County for such financing creates an emer-
gency and an urgent public necessity for the holding, at the
scheduled time, of the meeting of the Commissioners Court at
which this order is adopted and for the adoption of this order;
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and the NOTICE OF MEETING relating to said meeting and hereto-
fore posted by the County Clerk, and the posting thereof, is
hereby authorized, approved and ratified.
PASSED AND APPROVED this 8th day of September, 1980
ATTEST: County Ju ge /
e" 2 "�j (d 4, - r - cc)
County Clbrk and Ex-Officio
Clerk of the Commissioners
Court of Brazos County, Texas
(COMM.CT.SEAL)
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,
and the NOTICE OF MEETING relating to said meeting and hereto-
fore posted by the County Clerk, and the posting thereof, is
hereby authorized, approved and ratified.
PASSED AND APPROVED this 8th day of September, 1980
ATTEST: County Ju ge /
e" 2 "�j (d 4, - r - cc)
County Clbrk and Ex-Officio
Clerk of the Commissioners
Court of Brazos County, Texas
(COMM.CT.SEAL)
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R E S O L U T I O N
1f0L..0,PAGE 5'7b
WHEREAS, on the 26th day of January, 1980, the resident,
qualified electors of Brazos County, Texas, voted in favor
of two propositions for the issuance of bonds for the acquisition
of real property and construction of improvements for the
renovation, enlargement and additions to the Brazos County
Courthouse complex, and
WHEREAS, the Commissioners Court of Brazos County, Texas,
has determined that a public necessity exists for the acquistion
of the following described real property, situated in Brazos
County, Texas, together with any and all improvements thereon,
for the purpose of carrying out the construction of the
improvements heretofore authorized by the Commissioners Court
and the anciliary parking lot requirements of the Courthouse -
complex, to -wit
TRACT ONE Lots Number One (1) and Two (2),
Block um er Twenty -seven (27), CITY OF BRYAN,
TEXAS, according to the map or plat of the
original townsite on file in the office of
of the County Clerk of Brazos County, Texas,
TRACT TWO: Eight Tracts out of Block Number
Nine , CITY OF BRYAN, TEXAS, according to
the map or plat of the original townsite on
file in the office of the County Clerk of
Brazos County, Texas, and being more particulary
described as Tracts Four through Ten on Exhibit
A hereto, which said descriptions are hereby
incorporated herein as though fully set forth
herein, and
WHEREAS, the public necessity requires that fee simple
title to the above tracts be acquired by Brazos County, Texas,
for the aforesaid purposes, and
WHEREAS, negotiations with the owners of such tracts have
taken place but no agreement reached as to the fair and just
compensation to be paid for the acquisition of such tracts of
land and the improvements thereon, now, therefore
BE IT RESOLVED by the Commissioners Court of Brazos County,
Texas, that:
1. A public necessity exists for the acquisition
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of the hereinabove described real property and the improvements
thereon,
2. That William R. Vance, Attorney at Law, Bryan, Texas,
be and he is hereby authorized and employed to institute
and pursue the necessary and proper proceedings in eminent
domain according to the Constitution and Statutes of the State
of Texas for the purpose of acquiring fee simple title to the
hereinabove described real property and the improvements
situated thereon, and
3. That the proper county officials are hereby authorized
and directed to pay to the owners of all interests in the
hereinabove described property the sums of money which may
be determined to be fair and just compensation for the
acquisition of such property by Brazos County, Texas.
ADOPTED this the 8th day of September, 1980.
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Tract Four:
V61&PACIE
Being Lot Eight (8) and the adjoining East one -half (1/2) of Lot Nine (9),
Block Nine (9), in the CITY OF BRYAN, Texas, according to the map of said
City in common use, and being the said property conveyed to H.W Moehlman
by George D Tucker by deed dated June 27, 1918, recorded in Volume 86, l
Page 538, Deed Records of Brazos County, Texas, and the adjoining one -half
of the alley in said Block Nine (9). , tl
Tract Five
i
That certain tract or parcel of land lying and being situated in Block Number
Nine (9) in the CITY OF BRYAN, in Brazos County, Texas and being a portion of
the same property described in deed from T J Preston, et ux to Geo. Stephan, f
et al, dated October 29, 1934, and recorded in Volume 84, Page 362, of the Deed
Records of Brazos County, Texas, and described by metes and bounds as follows I ,�
BEGINNING at the Southwest corner of Lot Number One (1) in said Block, THENCE
North along the line of alley, at 80 feet pass the Northeast corner of said
Lot 1 and at 90 feet set a stake for corner in the east line of Lot Number Two
(2) in said Block, THENCE in a Westerly direction, parallel with the South 1
line of said Lot Number 1, and at right angles to the last named call, run
a distance of 29 feet and corner in the inside of said Lot Number 2, said
corner being in the center of a brick wall which is a partition wall, THENCE Ij
in a Southerly direction at right angles to the last call and parallel with the !
first call, run along the center line of said wall a distance of 90 feet and
corner in the South line of said Lot Number 1, THENCE run in an Easterly direction !
along the South line of said Lot Number 1 a distance of 2q feet to the PLACE !
OF BEGINNING, containing a tract of land 29 feet by 90 feet in dimensions, I r
fronting 29 feet on 25th Street in the City of Bryan in Brazos County, Texas.
Tract Six
Being parts of Lots One (1) and Two (2) and the adjoining South twenty -five
(25) feet of Lot Number Three (3) in Block Number Nine (9), together with a
12 foot strip lying West of and immediately adjoining said Lots 1 and 2 and i
the adjoining South 25 feet of Lot Number 3 in said Block 9, all in the CITY
OF BRYAN, in Brazos County, Texas, described as follows
!
BEGINNING at a point 29 feet North 81 1/2 West from the Southeast corner of
Lot 1, said point being in the North line of East 25th Street and in the South line 41
of said Block 9 in said City of Bryan, 11
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._f, CNorth 81 1/2 West along the South line of said Block 9, 98 feet and
rner a stake set for the Southwest corner of a 12 foot strip, said 12 foot strip
ing the same parcel of land conveyed by the City of Bryan to George Stephan by
ed dated February 26, 1942, and recorded in Volume 109, Page 406, of the Deed
Records of Brazos County, Texas,
THENCE North 8 1/2 East 125 feet and corner a stake in the West line of said 12
foot strip,
THENCE South 81 1/2 East 98 feet and corner a stake for corner, being the Northeast
corner of the tract herein described,
THENCE South 8 1/2 West 125 feet to the PLACE OF BEGINNING.
Tract Seven
A tract or parcel of land, lying and being situated in Brazos County, Texas,
and being the West one -half (1/2) of Lot Nine (9) in Block Nine (9) in the
CITY OF BRYAN, Brazos County, Texas, according to the official map of said
City. Being the same land described in deed from Mrs. Ella C. Adams, et al,
to R.J. Cole, said deed dated April 8, 1954, and recorded in Volume 164,
Page 530, Deed Records of Brazos County, Texas
Tract Eight
Part of Lots Two (2) and Three (3) in Block Nine (9) in the CITY OF BRYAN, in
Brazos County, Texas, and being described as follows, to -wit.
BEGINNING at the Northeast corner of a tract described in a deed from George
Stephan to J. Cameron Webb, et al, dated September 2, 1941, and recorded in
Book 107, Page 476, of the Deed Records of Brazos County, Texas, such point in the
East line of Lot No. 3 in said Block, '
THENCE in a Northerly direction with the East line of Lot Number 3, run 20 feet
and corner,
THENCE in a Westerly direction parallel with the North line of Lot Number 3 and
25 feet distant therefrom, run a distance of 29 feet and corner,
THENCE in a Southerly direction parallel with the alley line, run a distance of 35
feet and corner with the Northwest corner of a tract conveyed by George Stephen,
et al, to Lilly Creamery Company, Inc., by a deed recorded in Book 91, Page 139,
of said Deed Records;
THENCE in an Easterly direction with the North line of said tract conveyed to Lilly
Creamery Company, Inc., run a distance of 9 feet and corner with the Southwest
corner of said tract conveyed by George Stephan to J. Cameron Webb, et al, by the
deed recorded in Book 107, Page 476,
THENCE in a Northerly direction with the West line of the last mentioned tract, run
a distance of 15 feet and corner with the Northwest corner of the last mentioned
tract;
THENCE in a Northerly direction with the North line of the last mentioned tract,
run 20 feet to the PLACE OF BEGINNING.
Tract Nine:
A tract or parcel of land lying and being situated in Lots Two (2) and Three (3)
in Block Nine (9) in the CITY OF BRYAN, in Brazos County, Texas, and described
as follows:
BEGINNING at the most Northeasterly corner of that certain tract of land which
was conveyed by George Stephan, et al to Lilly Creamery Company, Inc. by deed
dated February 29, 1936, and recorded in Volume 91 on Page 139 of the Deed
Records of Brazos County, Texas, said corner being in the East line of said
Lot Number Two (2),
THENCE in a Northerly direction with the last named line at 10 feet pass the
Northeast corner of said Lot Number Two (2) and at 15 feet corner in the East
line of Lot Number Three (3),
VOL-ALPAGE 1
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._f, CNorth 81 1/2 West along the South line of said Block 9, 98 feet and
rner a stake set for the Southwest corner of a 12 foot strip, said 12 foot strip
ing the same parcel of land conveyed by the City of Bryan to George Stephan by
ed dated February 26, 1942, and recorded in Volume 109, Page 406, of the Deed
Records of Brazos County, Texas,
THENCE North 8 1/2 East 125 feet and corner a stake in the West line of said 12
foot strip,
THENCE South 81 1/2 East 98 feet and corner a stake for corner, being the Northeast
corner of the tract herein described,
THENCE South 8 1/2 West 125 feet to the PLACE OF BEGINNING.
Tract Seven
A tract or parcel of land, lying and being situated in Brazos County, Texas,
and being the West one -half (1/2) of Lot Nine (9) in Block Nine (9) in the
CITY OF BRYAN, Brazos County, Texas, according to the official map of said
City. Being the same land described in deed from Mrs. Ella C. Adams, et al,
to R.J. Cole, said deed dated April 8, 1954, and recorded in Volume 164,
Page 530, Deed Records of Brazos County, Texas
Tract Eight
Part of Lots Two (2) and Three (3) in Block Nine (9) in the CITY OF BRYAN, in
Brazos County, Texas, and being described as follows, to -wit.
BEGINNING at the Northeast corner of a tract described in a deed from George
Stephan to J. Cameron Webb, et al, dated September 2, 1941, and recorded in
Book 107, Page 476, of the Deed Records of Brazos County, Texas, such point in the
East line of Lot No. 3 in said Block, '
THENCE in a Northerly direction with the East line of Lot Number 3, run 20 feet
and corner,
THENCE in a Westerly direction parallel with the North line of Lot Number 3 and
25 feet distant therefrom, run a distance of 29 feet and corner,
THENCE in a Southerly direction parallel with the alley line, run a distance of 35
feet and corner with the Northwest corner of a tract conveyed by George Stephen,
et al, to Lilly Creamery Company, Inc., by a deed recorded in Book 91, Page 139,
of said Deed Records;
THENCE in an Easterly direction with the North line of said tract conveyed to Lilly
Creamery Company, Inc., run a distance of 9 feet and corner with the Southwest
corner of said tract conveyed by George Stephan to J. Cameron Webb, et al, by the
deed recorded in Book 107, Page 476,
THENCE in a Northerly direction with the West line of the last mentioned tract, run
a distance of 15 feet and corner with the Northwest corner of the last mentioned
tract;
THENCE in a Northerly direction with the North line of the last mentioned tract,
run 20 feet to the PLACE OF BEGINNING.
Tract Nine:
A tract or parcel of land lying and being situated in Lots Two (2) and Three (3)
in Block Nine (9) in the CITY OF BRYAN, in Brazos County, Texas, and described
as follows:
BEGINNING at the most Northeasterly corner of that certain tract of land which
was conveyed by George Stephan, et al to Lilly Creamery Company, Inc. by deed
dated February 29, 1936, and recorded in Volume 91 on Page 139 of the Deed
Records of Brazos County, Texas, said corner being in the East line of said
Lot Number Two (2),
THENCE in a Northerly direction with the last named line at 10 feet pass the
Northeast corner of said Lot Number Two (2) and at 15 feet corner in the East
line of Lot Number Three (3),
VOL-ALPAGE 1
r
_,,,,jILKE in a Westerly direction parallel with the North line of said Lot Number
Two (2) run 20 feet and corner in Lot Number Three (3);
THENCE in a Southerly direction, parallel with the first call, run a distance of
15 feet and corner in the North line of said tract above described as being
conveyed to Lilly Creamery Company, Inc. by said deed dated February 29, 1936,
THENCE in an Easterly direction with the said last named line, run 20 feet to the
PLACE OF BEGINNING, being a tract of land 15 feet by 20 feet in dimensions.
Tract Ten
All that certain land and premises lying and being situated in the CITY OF BRYAN,
in Brazos County, Texas, and being Lots Six (6) and Seven (7) in Block Nine (9)
in said City of Bryan, according to the Map of said City in common use.
Tract Eleven
All of the 20' alley running East and West in Block Nine (9) and all of the
20' alley running North and South in Block Nine (9), as conveyed to adjoining
property owners by the City of Bryan in instruments recorded in Volume 117,
Page 138 and in Volume 181, Page 268, Deed Records of Brazos County, Texas.
SAVE AND EXCEPT that 3' x 125' strip adjoining the East end of Lots 5, 4 and
the North 25' of Lot 3 in Block 9.
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I)TA'r. TItP ttil FOR TIry o% f'Ov%M FOR 1 EADZ 1980
or c'tis the 8th - ciav of Se tembesa 1980 at a _ u�g= sc taion
of Cor-tir,rlloni rg Cotlrt the follouint mcrrbers being pr -cent,
R J Holmgreen COUN-N Judpr
Bill J Cooley
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Walter Wilcox ct1 f`ft1qST0 rRS rSFt 1 P,
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W _A -Sta n FPEGT f&
Frank Boriskie cov,, TY ri r>,
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1-t+•t 11151 Ut t -nd 'nforicen conditiong tlhic'1 t ^uld no. be lea,oi n`,?
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Sheriff's_ office 3 additional sailers _ ___10j-824--'00--
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THE STATE OF TEXAS X
COUNTY OF BRAZOS X
RESOLUTION
v0L_Q_PAGioE_:2:*�
Whereas, the Commissioners' Court of Brazos County desires
to improve the quality of services available to juveniles in
the said county, and
Whereas, the Texas Youth Council has proposed a Contract with
Brazos County to provide financial assistance to the said county
in consideration of the county's undertaking to reduce commit-
ments of juveniles to the Youth Council, and
Whereas, a copy of the proposed Contract, has been reviewed by
the members of the Commissioners' Court,
Now, therefore, Be It Resolved by the Commissioners' Court of
Brazos County, Texas, that the proposed Contract with the
Texas Youth Council be, and the same is hereby, Approved, and
Be it further resolved that County Judge R J Holmgreen is
authorized to sign the said Contract on behalf of the Commissioners'
Court
SIGNED AND SEALED this 17th day of September, 1980
V
Frank Boriskie, County Clerk R J olmgreen, Ounty Judge
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The foregoing minutes have been examined and approved in
open Court this the L day of (96:5. 19,A-9, in Bryan ,
Brazos County, Texas.
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R J alolmgreen Of
County Judge
Walter i Lox
Commissioner, Precinct 2
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Commissioner, Precin it 4
Bill Cooley
Commissioner, Pr inct 1
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Commissioner, Precinct 3
Frank oris ie
County Clerk
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