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HomeMy WebLinkAbout1983-04-25-1000AM-SpecialCOMMISSIONERS' COURT SPECIAL MEETING APRIL 25, 1983 10 A special meeting of the Commissioners' Court of Brazos County, Texas, was held in the Lecture Rehearsal Room of the Brazos Center, 3232 Briarcrest Drive, Bryan, Brazos County, Texas, beginning at 10 00 A M on Monday, April 25, 1983, 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, Billy E Beard, Commissioner of Precinct 3, Milton Turner, Commissioner of Precinct 4, The following citizens and officials were in attendance 1~1 Carol Snedeker Diane MacFarlane Van Kinerd Mark Smith Mark Meadors Jann Snell Pat Smith Larry Lilly Tom Mathley Buddy Winn Arnold Dittfurth County Judge's Secretary Intern - County Judge's Office Auditor's Office KBTX KBTX The Eagle Citizen Citizen WTAW / KTA14 Tax Assessor Collector Auditor's Office The Court first considered a Resolution designating Memorial Hall Auditorium at Allen Academy, in Bryan as the official Court- room for the purpose of conducting a naturalization ceremony on May 4, 1983 After clarification that this was for the one time only Commissioner Beard moved to adopt the Resolution The motion i was seconded by Commissioner Cooley and carried unanimously A copy of such Resolution is attached hereto The next matter to come before the Court was the following Plats 1 Preliminary Plat of Deer Crossing Subdivision in Pct 4 2 Preliminary Plat of Deer Trail Subdivision in Pct 4 i s o, r r } 1 After careful review of both Plats Commissioner Turner moved to approve both Plats as submitted The motion was seconded by Comm- issioner Beard, with Commissioners Wilcox, Beard, Turner and the County Judge voting "Aye" Commissioner Cooley abstained v®FAaZ11L, r r fj a~ The Court proceeded to consider a request from Bryan Pipe- line Company for authorization to install an oil line under the right of way of Old Reliance Road in Precinct 3 On motion by Commissioner Beard, seconded by Commissioner Wilcox the Court voted unanimously to grant the request and authorized the County to install the line The County Judge next laid before the Court the contract be- tween Brazos County and Gates Steen for the collection of Delin- quent Taxes, advising them that it had been approved by the State Property Tax Board and was now ready to be recorded in the Comm- issioners Court Minutes On motion by Commissioner Cooley, se- conded by Commissioner Beard the Court officially acknowledged receipt of the contract and ordered that it be attached to and recorded as a part of these minutes The County Judge also laid before the Court a letter from the Texas Justice Court Training Center advising that Judges Carolyn M Hensarling, Hugh Lindsay and Ray Mark Truelove had successfully completed the necessary 20 hour course in the duties of the office of Justice of Peace, as required by law The Court next discussed Rabies Control in the rural areas of Brazos County After considerable discussion regarding the adop- tion of a Resolution for the licensing of pets in the rural areas, and the enforcements of same it was suggested that the matter be discussed further at the next meeting of the Commissioners Court Commissioners Cooley and Wilcox were appointed to study the stat- utes and investigate the impact the enforcement of the Resolution might have on the Sheriff's Department who now acts as the Animal Control Office for the rural areas The Court next discussed the proposed amendment to the Budget for the Justice of Peace, Precinct 1 After discussion of the a- mount of the General Fund Budget, and increase of elected officials salaries during a budget year, Commissioner Cooley suggested a Com- mittee meet with the Justice of the Peace to discuss an amended bud- 0 i r¢ .n t t L r P t! r~l • i 1 r get for the Justices of the Peace Commissioner Beard and Wilcox were appointed to meet with the Justices of the Peace The Court next considered the Change of Status for the follo- wing employees Christine M Kunert Margreath A Wilsie William (Bill) Bowers Coyt Smith Linda Napier Alice "Faye" Cruse Marcia M Hickman Raymond F Gonzales Dale Bouis Greg Stuenkel Nickles C Abbott Jeffrey Mark Baldwin Judy Ann Hill Terri L White Health Department Tax Office Buildings and Yards Precinct 2 Precinct 1 Health Department Justice of the Peace Office Building and Yards Court Administrator's Office Brazos Center Road & Bridge, Precinct 2 Brazos Center Brazos Center Treasurer's Office On motion by Commissioner Cooley, seconded by Commissioner Wilcox the Court voted unanimously to approve the Change of Status as submitted The Court next considered the following claims as submitted J r F f f t h !I ri }n ~J {1 i I by the County Treasurer for payment General Fund - on line checks - Claims 34 through 36 General Fund Claims 2929 through 3203 Road & Bridge Debt Service Claims 3204 through 3205 Juvenil e Commission Claims 3216 through 3219 Health Department Claims 3210 through 3215 Foster Care Claim 1 Capital Projects & Improvements Prop I on line checks Prop II on line checks Road & Bridge, Shop Road & Bridge, Precinct 1 Road & Bridge, Precinct 2 Road & Bridge, Precinct 3 Road & Bridge, Precinct 4 Claim Claims Claims Claims Claims Claims Claims 3 2 3220 3242 3270 3220 3349 and 4 through 3241 through 3269 through 3319 through 3348 through 3372 On motion by Commissioner Cooley, seconded by Commissioner Turner, the Court voted unanimously to approve the payments of claims as submitted Under other Business Commissioner Cooley brought up the matter of remodeling and completing the enclosed metal building at the Live- stock Arena, and requested that the Court advertise for bids for in- sulating and paneling of the building It was the consensus of the Court that the County could utilize the building more if it were com- pleted On motion by Commissioner Beard, seconded by Commissioner V 0 1 L-t 70-A t Cooley the Court voted to authorize the advertisement of bids, with specifications to be drawn up by Ed Dobbins and reviewed by Commissioner Cooley There being no further business the Court adjourned , , 3 4 ' f f 1 ti I~ V It I 1y , , f J ,I I~ t r t ~ i I ~ t ` t i S I 1 Y sr ~ 1 's t The foregoing minutes have been examined and approved in open Court this the day of , 1 19-13 , in Bryan, Brazos County, Texas i r 1 Y i t o mgreen a' Count Judge t a ter Wilcox Commissioner, Precinct 2 4'1 Milt 6n Turner Commissioner, Precinct 4 R 0 I r Bill -J o,0 Commissi r, Precinct 1 A Billy 71 ear Commi ioner, Precinct 3 q~ Fran Boris i County Clerk t .a S , I 1 1 n wwx 1 ~ ~ VOLjPAG,IELZC tl Qr S r- 1 f % ^v r J .E BRAZOS COUNTY COMMISSIONERS COURT RESOLUTION . , 0 ` - '---_~_••i+91 ' Y - - ^--.1_r•p'.': .'1 - - - ---s•-~ r•--1- v`Y. ..1._ n...p.~ ,r - 6 WHEREAS, the 85th District Court of Brazos County exercises naturalization jurisdiction as authorized by the United States Department of Justice, Immigration and Naturali- zation Service; and WHEREAS, a,Naturalization Ceremony is scheduled to be conducted on May 4, 1983; and WHEREAS, so the student body of Allen Academy can participate in the ceremony and honor and welcome the new citizens of these United States; THEREFORE, BE IT RESOLVED, that the Brazos County Commissioners unanimously designate Memorial Hall Auditorium, Allen Academy, as the official courtroom for the purpose of conducting a naturalization ceremony on.-May 4, 1983.. Dated: April 25, 1983 J Ho mgreen County Judge I i ' i• t` n{ ~i ~i Att ^ " Ti Commissioner ~,Wa ter Wilcox, Commissioner i , T - jBilly Beard, Commissioner ;Milton Turner, Commissioner ~I i m~.n..+-r, • tea- - ~.•.nlYwm~rbaraL•1l.rri.. ~^..~~Y 4. r~ .4 ~ I I 1 T 1+ ~ NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY R To the Commissioners' Court of BRAZOS County, Texas Brazos County Courthouse Bryan, Texas 77801 } Formal notice is hereby given that BRYAN PIPELINE COMPANY ~ x• Applicant, proposes to place a oil Line within the right- of-way of Old Reliance Road in Brazos County, Texas as follows t The location or description of the proposed installation is more fully shown by three (3) copies of the drawings attached to this notice I understand and agree that 1 The Commissioner of the Precinct in which the right-of-way lies ' must be notified prior to the beginning of construction in order t that the Commissioner might be on hand to designate the actual location of the installation 2 That all damage to the roadways and rights-of-way will be repaired r~ to their original condition to the satisfaction of the Commissioner in which the roadway or right-of-way lies 3 That BRAZOS COUNTY reserves the right to require Applicant to relo- cate or lower any such line at no cost to BP.AZOS COUNTY, should Y same become necessary due to widening or lowering, or other alter- ation of the roadway or right-of-way 4 That BRAZOS COUNTY is in no way responsible for any damage that might occur to any existing utility lines in the right-of-way 5 That the line will be constructed and maintained on the county right- of-way in accordance with governing laws . ~ 6 That the line or lines will be constructed no less that forty-eight inches (48") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway 7 That all roads be bored to forty feet (401) on either side of the right-of-way or cased for such distance 8 That all sites will be barracaded during the construction period Construction of this line will begin on or after the 25th day of April 83 Firm BRYAN PIPELINE COMPANY By - WZ - r Title Joe Mauch, Jr , Senior Landman Address 1801 Houston Club Building ~t y~ APPROVED BY COMMISSIONERS' COURT 1 Date d r~ 1 s~ J Houston, Texas 77002 Phone 713/739-4100 VOL-t PAGE N29°55'W 5TEPHEN F AUSTIN SURVEY PLAN II'=20~ r o o W ~ 0 I e C O O 4 o ~ Q Q Q . Proposed Brazos County, Texas A-63 4 c cp I d a I NN O ~ Q ~I ~ 1 t 4' ks W o c, O C~ O h y - _ - J ` 3C 111) 0490 6+10 0+50 0.030 0 to 9o FT CAS/No PROFILE Ver11col l 20' Honzonlol l 20[ T 8 M - 20 0 NAIL IN POST 65' RIGHT SIDE OF LINE - (STA 0 + 98) PROPOSED f/PEL/N£ L CROSSING OLD RE! 1AIVrF ROAD Brutus County, Tcous _ ASSUMED ELEVATION - ►U0, HV . 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( J4+ r / 7 its rt ( a ~ a ~M YRr4 ti 1 J --.U if-- ai..~. r+ 1 / r r K ~ f 1 ' I ~y , 141 ) ~ t V4 t w a i r ' t CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS COUNTY OF MI=S THIS CONTRACT is made and entered into by and between gg0 Comm County acting herein by and through its governing body, joined by the State Property Tax Board, hereinafter called First Party, and v~ hereinafter styled Second Party. ' I. First Party agrees to employ and does hereby employ Second Party to enforce by and County suit or otherwise the collection of all delinquent state/taxes, penalty and interest within County and the Brmstoiq County owing to the/State of Texas, pro- vided current year taxes falling delinquent within the period of this contract shall become subject to its terms on the first day of July of the year in which the same shall become delinquent except that suits resolved before the first day of July must include current year delinquent taxes. I II. Second Party is to call to the attention of the collector- or- other- officials any ' errors, double assessments or- other discrepancies coming under- his observation during the progress of the work, and is to intervene on behalf of First Party 1n all suits for taxes hereafter filed by any taxing unit on property located i within its corporate limits. III. I; First Party agrees to furnish delinquent tax statements to Second Party on all property within the taxing Jurisdiction. Second Party will furnish forms for- said statements on request and will assume responsibilty for having penalty and i interest computed on statements before such statements are mailed to property owners. Page 1 of 4 V0LtPA@ f' E 1 . i f s . t i i y , i r F x 1 { V N s , x r t F 1 1 1 I° 1 IV Second Party agrees to file suit on and reduce to Judgment and sale any property located within the county against which a tax lien would prevail provided First Party will furnish the necessary data and information as to the name, iden- tity, and location of the necessary parties, and legal description of the pro- perty to be sold Second Party agrees to sue for recovery of the costs as court costs as provided by Tex Prop Tax Code 533 48 (Vernon 1979) V Second Party agrees to make progress reports to First Party on request, and to advise First Party of all cases where investigation reveals taxpayers to be financially unable to pay their delinquent taxes VI First Party aqrees to pay to Second Party as compensation for services required hereunder fifteen percent (not to exceed twenty (20) percent) of the amount collected of all delinquent taxes, penalty and interest of the years covered by this contract, actually collected and paid to the collector of taxes during the term of this contract as and when collected All compensation above provided for shall become the property of the Second Party at the time payment of taxes, penalty and interest is made to the Collector The collector shall pay over said funds monthly by check VII This contract is drawn to cover a period beginning January 24, 1983 and ending when the term of office of the current Commissioners Court terminates, provided however that Second Party shall have an additional six months to reduce to judgment all suits filed prior to the date last mentioned, and provided further that Second Party shall handle to conclusion all suits in which trial court judaments are obtained during the period of this contract and which are appealed by any party In consideration of the terms and compensation herein stated, Second Party hereby accepts said employment and undertakes the perfor- mance of this contract as above written First Patty and the State Property Tax Board shall have the right to sooner terminate this contract for cause, giving thirty (30) days written notice of such intention, with a statement of the cause or reasons for such termination, after giving Second Party a reasonable oppor- tunity of explaining or rectifying the same In case of such termination, Second Party shall be entitled to receive and retain all compensation due up to the date of said termination Page 2 of 4 v n L .r VIII This contract is executed on behalf of First Party by the presiding officer of its governinq body who is authorized to execute this instrument by order hereto- fore passed and duly recorded in its minutes ' WITNESS the signatures of all parties hereto in triplicate originals this the day of Jan 24 A D 19 83 $sa00%8 County, Texas THE_ TM, n~ nu OS BY County .Tud e cence Attorney at-law a Socond Party 1 f ~s ~i 't r+ st c~ 4 Ii Paqe 3 of 4 t f f THE STATE OF TEXAS STATE PROPERTY TAX BOARD q Examined and approved as to substance and form, on this the p( day of 1 A D , 199'5 xecut ve ector State Property Tax Board Examined and approved as to substance and form, on this the Ij 2 yD day of re6"em A D , 19$3 a"IdA24 Torney V era BY Alaw4vw ss tan ttorney enera THE STATE OF TEXAS § COUNTY OF TRAVIS § I Gates Steen , a duly licensed attorney, do certify that I have no business connection with any county office or any officer within • BRAZOS County, and that I am not related within the second degree of affinity or within the third degree of consanguinity to any member of the Commissioners' Court now holding office in BRAZOS County ttorney Subscribed and sworn to before me, by the said Cates Steen this the 6th day of December 19 82 , to certify which witness my hand and seal of office s a i J Notary u is in an on. Travis County, Texas ^ "My commission expires thr 23rd day of December 19 85 --7r- 4zo Page 4 of 4 YOB,-6~nGE $ f a r j r A r RESOLUTION AND ORDER 1 On this the 24th day of January 19 83 at a 10 00 A M. meeting of the Commissioners' Court of Brazos County, Texas, there came on for consideration the making of a contract for the collection of delinquent taxes, and motion was made by Billy Beard County Commissioner of Precinct No 3 seconded by Walter Wilcox _ County Commissioner of Precinct No 2 that subject to approval by the State Property Tax Board and Attorney General of Texas said Commissioners' Court in behalf said County do make and enter into a contract with Gates Steen a licensed attorney, for the latter to collect delinquent taxes in said County for 15 % of the amount of taxes, penalty and interest collected, said contract to end on the 31st day of December , 19 84 , with six months thereafter to complete pending suits, and to be on forms currently pro- mulgated and recommended by the State Property Tax Board. Said motion being put to vote, it carried by a vote oP to p~, Those voting "Aye" were, Bill Cooley Pct, 1 Walter Wilcox Pct 2 _ Billy Beard Pct 3 Milton Turner Pct 4 7 { \ Those voting "No" were, f I I r 1 r ~I l 1 J t } r It is therefore ordered that said contract be prepared and executed, submitted to the State Property l I Tax Board and Attorney General of Texas, and if approved by them, recorded in the minutes of this Court. i• I, THE STATE OF TEXAS § COUNTY OF BRAZOS § County Commissioner Precinct No 3 L- t County Commissioner Precinct No 4 • I I h i S t I 3 E IJ ~ kl f~ r~ r 1 I the undersigned, County Clerk of Brazos County, Texas do hereby certify that the above and foregoing is a true and correct copy of a certain Resolution and Order, of the Commissioners Court of record in Volume --Q_ Page 20 , of the Minutes of said Court Witness my official hand and seal this 8thday of February ' 19 83 N County Clerk r, Coun Judge C County Commissioner Precinct No 1 County Commissioner Precinct No 2 15 . ifis- Brazos County Texas VOLW Paolr* I~ V f f r