HomeMy WebLinkAbout1983-05-09-1000AM-RegularCOMMISSIONERS' COURT
REGULAR MEETING
MAY 9. 1983
A regular 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, May 9, 1983, with
the following members of the Court present
R J Holmgreen, County Judge, presiding
i 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,
Mary Ann Ward for Frank Boriskie, County Clerk
The following citizens and officials were in attendance
B V Elkins
Jim Beamer
Bobby H Yeager
John Goff
Van Kinerd
Greg Moses
Jann Snell
Mark Smith
Paul Rios
Arnold Dittfurth
Carol Snedeker
Phyllis Dozier
Mary Ann Ward
Jeff J Gradney
County Treasurer
Sheriff's Department
Sheriff
G T E
Auditor's Office
KTAM/KORA
The Eagle
KBTX
KBTX
Auditor's Office
County Judge's Secretary
Brazos Center
County Clerk's Office
KAMU-TV
The Court received, approved and ordered filed as submitted
the following reports for April, 1983
W T Sistrunk, County Extension Agent,
Mike McKinney, County Extension Agent,
Dale A Fritz, County Extension Agent,
Mable Walker, County Extension Agent
The Court received, considered and approved the following
reports from County and Precinct Officers showing official fees
of office collected and remitted to the County Treasurer
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3 1 OFFICERS' REPORTS FOR APRIL, 1983
FRANK BORISKIE, COUNTY CLERK
Fees------------------------T----------------------$34,813
00
County Judge's Fees
1,086
50
County Attorney's Fees-----------------------------
4,142
50
Sheriff's Fees-------------------------------------
I
3,783
50
Sanitary Disposal----------------------------------
•
845
00
~ Law Library Fees-----------------------------------
795
00
` Fines------------------------- 19,293
00
' Criminal Justice Fees------------------------------
1,135
00
Law Enforcement Education Fund--------T------------
115
00
Victim of Crime Fund
1,120
00
$
TOTAL COUNTY CLERK'S FEES---------------------------- $67,128
50
W D BURLEY, DISTRICT CLERK
r Fees-----------------------------------------------$
7,404
15
1 Sheriff's Fees------------------------------
1,826
40
1
Sheriff's Jury Fees--------------------------------
585
00
}
District Attorney's Fees---------------------------
412
80
Fines----------------------------------------------
422
40
Trial and Jury Fees--------------------------------
130
00
u 4 Law Library Fees-----------------------------------
877
50
Criminal Justice Fees------------------------------
290
00
Law Enforcement Education Fund---------------------
14
00
Victim of Crime Fund-------------------------------
210
00
TOTAL DISTRICT CLERK'S FEES-----------------------------$12,172
25
BOBBY H YEAGER, SHERIFF'S FEES $
-0-
E A WENTRCEK, JR , JUVENILE PROBATION OFFICER FEES $
95
00
h DAN RICHARD BETO, ADULT PROBATION OFFICER FEES $
-0-
B H DEWEY, JUSTICE OF PEACE,PRECINCT 4,PLACE 1
Constable Fees-------------------------------------
-0-
Fines
10
00
Small Claims' Fees---------------------------------
21
00
Civil Fees-----------------------------------------
252
00
Criminal Justice Fees------------------------------
5
00
Law Enforcement Education Fund---------------------
1
00
Miscellaneous (Abstract Judgement)
6
00
Constable Fees-------------------------------------
r
865
00
TOTAL JUSTICE OF PEACE, PRECINCT 4,PLACE 1--------------$
1,160
00
CAROLYN M HENSARLING,JUSTICE OF PEACE,PRECINCT 4,PLACE 2
Fines----------------------------------------------$30,765 50
Sheriff's Fees------------------------------------- 315 00
Criminal Justice tees------------------------------ 3,365 00
Law Enforcement Education Fund--------------------- 676 00
TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 2-------------$35,121 50
MICHAEL B CALLIHAM, JUSTICE OF PEACE, PRECINCT 7,PLACE 1
Fines----------------------------------------------$10,853 00
Constable Fees (Pct 7-1,048 00)Pct 4-330 00)------$ 1,378 00
Small Claims Fees---------------------------------- 60 00
Civil Fees----------------------------------------- 63 00
Miscellaneous-------------------------------------- 5 00
Criminal Justice Fees------------------------------ 1,040 00
Law Enforcement Education Fund--------------------- 208 00
TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 1-------------$13,607 00
HUGH W LINDSAY,JUSTICE OF PEACE,PRECINCT 7,PLACE 2
Fines $ 2,322 00
Constable Fees------------------------------------- 95 00
Small Claims--------------------------------------- 3 00
Civil Fees----------------------------------------- 21 00
Criminal Justice Fees------------------------------ 337 50
Law Enforcement Education Fund--------------------- 71 00
TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 2-------------$ 2,849 50
VmQ~:TAGE 191
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BRAZOS CENTER FEES---------------------------------------$12,148 85
JEFF BROWN, COUNTY ATTORNEY
Hot Check Fees $ 3,265 00
TRAVIS B BRYAN III, DISTRICT ATTORNEY
Hot Check Fees--------------------------------------$ 380 00
TOM LYONS, JUSTICE OF PEACE, PRECINCT 1
Fines $ 1,781 00
Criminal Justice Fees------------------------------- 340 00
Law Enforcement Education Fund---------------------- 68 00
TOTAL JUSTICE OF PEACE, PRECINCT 1-----------------------$ 2,189 00
SAM FACHORN, CONSTABLE, PRECINCT 5
Fees $ 190 00
MARY C HORN, JUSTICE OF PEACE, PRECINCT 2
Fines-----------------------------------------------$ 20017 00
Constable Fees(Pct 4-7 00)(Pct 3-7 00)(Pct 2-14 00)- 28 00
Criminal Justice Fees------------------------------- 350 00
Law Enforcement Education Fund---------------------- 70 00
TOTAL JUSTICE OF PEACE, PRECINCT 2---------------- 2,465 00
GERALD L WINN, TAX ASSESSOR/COLLECTOR
AdValorem (March) 148,077 35
Commission (March) 18,071 27
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4 The first matter to come before the Court was the approval
of the Minutes for the Commissioners Court meetings held October
i 1, 1982, October 11, 1982, October 25, 1982, November 8, 1982,
November 22, 1982, November 30, 1982, December 1, 1982, December
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13, 1982 and December 27, 1982 On motion by Commissioner Wilcox,
seconded by Commissioner Cooley, the Court voted unanimously to
` approve the minutes without change
On motion by Commissioner Wilcox, seconded by Commissioner
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Beard, the Court voted unanimously to approve the statement of
Utley James of Texas, Inc , in the amount of $744,905 45 for work
completed on modifications and additions to the Courthouse
The Court next considered a RESOLUTION REQUESTING SERVICE
DELIVERY AREA DESIGNATION Such Resolution would authorize the
z County Judge to execute an application with the Chief elected
official of the other six counties for designation and approval
of State Planning Region 13 (Brazos Valley) as a Service Delivery
Area for federal fiscal year 1984, as described under the Job
Q
Training Partnership Act On motion by Commissioner Wilcox, sec-
onded by Commissioner Turner, the Court voted unanimously to a-
dopt the Resolution, a copy of which is attached hereto and made
a part of these minutes
Next to be considered was the adoption of a RESOLUTION FOR
CERTAIN AUTHORIZED COLLECTION EXPENSES IN CONNECTION WITH DELI-
QUENT AD VALOREM TAXES FOR 1981 and 1982 On motion by Commissio-
ner Beard, seconded by Commissioner Wilcox, the Court voted unani-
mously to adopt the Resolution, a copy of which is attached hereto
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The Court proceeded
to consider bids for the
purchase
of a
forklift for the
County
Shop
as follows
Trade
Net
Bidder
Make
& Model
Price
- In-
Cost
1 Preco Machinery
Co
1980
Datsun D5000
$ 8,000
$1,450
$5,800
2 Cen-Tex Rental
Center
1975
Hyster S-50C
$ 8,000
$1,000
$7,000
3 Cen-Tex Rental
Center
1976
Clark C-500-60
$ 9,300
$1,000
$8,300
4 Cen-Tex Rental
Center
1978
Caterpillar T-50-B
$10,000
$1,000
$9,000
* Less $800 for standard tires
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Trade Net
Bidder Make & Model Price In Cost
5 Mustang Indust Equip 1979 Caterpillar V50B $ 9,080 $100 $ 8,980
6 Mustang Indust Equip 1979 Caterpillar V60B $ 9,530 $100 $ 9,430
7 Mustang Indust Equip 1979 Caterpillar V60B $12,880 $100 $12,780
On recommendation and motion by Commissioner Beard, seconded by
Commissioner Wilcox, the Court voted unanimously to award the bid
to Preco Machinery Company in the amount of $5,800 and to authorize
the payment thereof
The County Judge next read aloud a letter from the Grand Jury
recommending that a study be conducted to determine if the number
of investigative personnel employed by the Sheriff's Department is
adequate to meet the needs of our growing county population Sher-
iff Yeager requested the Courts approval to have the Texas Com-
mission on Law Enforcement Officers Standards and Education update
their study conducted in 1979 regarding personnel and requested the
Court to take into consideration, at a later date, the Commission's
recommendations Such study would be at no cost to the County
The Sheriff further requested authorization to begin searching for
a person to act as Jail Administrator It was the consensus of the
Court to authorize the Sheriff to request the study and to begin
searching for a Jail Administrator, and to advise them of the approx-
imate salary for such a person It was understood that this would
,
be done in conjunction with the Personnel Director
The Court next discussed the distribution of car allowances j
for Reserve Deputy Constables for Precinct 4 After discussion and
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on motion by Commissioner Beard, seconded by Commissioner Cooley,
the Court voted unanimously to authorize the Constable to compen-
sate one Reserve Deputy in the amount of $100 per month and two Re-
serve Deputies $50 00 each per month These figures being within
the total of $200 per month budgeted for car allowances for Deputies
The Court next heard a report from Commissioner Cooley and
Wilcox who had been appointed as a Committee to meet with a repre-
sentative from the Health Department and Sheriff on Animal Control
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in the County They reported that the consensus of the group was
that the method now used for Rabies Control was adequate and work-
ing, and that it need not be changed at this time It was agreed
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that the Sheriff was the Rabies Control Officer for the County and
would continue to be so
The Court next considered a request by McDaniel Petroleum Com-
pany for authorization to install a gas transmission line across
the right-of-way of Hilton Road in Precinct 4 On motion by Com-
missioner Turner, seconded by Commissioner Wilcox, the Court voted
unanimously to grant the request and authorize the installation
A copy of such request is attached hereto
The Court next considered the Change of Status for the follow-
ing employees
Roy Veracruz
Louis Garcia
Eddie Lohse
Wilburn Harmon
Nickles Abbott
Irma Reece Cauley
Waine Edward Newland
Derald Lee Matelka
Terrence Keel
Todd Jermstad
John Kame
Sharon Kay Bell
Lori Fridel
Constable, Pct 4
Constable, Pct 4
Constable, Pct 4
County Court at Law
Road & Bridge, Pct 2
County Court at Law
Road & Bridge, Pct 3
Road & Bridge, Pct 2
District Attorney's Office
District Attorney's Office
Data Processing
Justice of the Peace
Treasurer's Office
The Court next considered the following Claims as submitted
by the County Treasurer for payment
General Fund
General Fund
Law Library
Revenue Sharing Fund
Community Resources Officer
Juvenile Commission Grant
Health Department
Health Department
Health Department
Health Department
Capital Projects & Improvement
Prop I
Prop II
Road & Bridge Debt Service
Road & Bridge - Shop
Road & Bridge - Shop
Road & Bridge - Precinct 1
Road & Bridge - Precinct 1
Road & Bridge - Precinct 2
Road & Bridge - Precinct 2
Road & Bridge - Precinct 3
Road & Bridge - Precinct 3
Road & Bridge - Precinct 4
Road & Bridge - Precinct 4
Claims
Claims
Claims
Claims
Claims
Claims
Claims
Claims
Claims
Claims
3373 through 3461
3503 through 3593
3594
3592
3490
3491
3480 through 3484
3486 through 3489
3501
3615 through 3618
Claims 3463
Claims 3465
Claims 3461
Claims 3492 through 3493
Claims 3619 through 3642
Claims 3643 through 3681
Claims 3494 through 3495
Claims 3496 through 3497
Claims 3682 through 3707
Claims 3708 through 3746
Claims 3498
Claims 3747 through 3762
Claims 3499
V0LjTPee.r Lq 1_
On motion by Commissioner Turner seconded by Commissioner Wilcox
the Court voted unanimously to approve the Claims as submitted.
Under Other Business the County Judge advised the Court that
he had received a letter and check from Davis McGill, Fiscal Agent
for the Sixth Congressional District Special Election Fund. The
check was in the amount of $3,215.26 to off set the cost of hold-
ing the Special Election. The total cost to the County was
$12,606.92.
The County Judge next requested the Court to appoint Ron
Blachley, Mayor of City of Bryan to the Board of Directors of the
Executive Committee of the Brazos Valley Development Council. The
vacancy being a result of Richard Smith not seeking re-election.
On motion by Commissioner Wilcox, seconded by Commissioner Beard
the Court voted unanimously to appoint Mayor Slachley to the Board.
There being no further business the Court adjourned.
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The foregoing minutes have been examined and approved in
open Court this the day of aa-A-2
19~, in Bryan, Brazos County, Texas
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County Judge
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Walter Wilcox
Commissioner, Precinct 2
Milton Turner
Commissioner, Precinct 4
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"Bill o
Commissio , Precinct 1
Billy ear
Comm ioner, Precinct 3
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Frank Boriskie
County Clerk
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VOLtPACT
,
RESOLUTION REQUESTING SERVICE DELIVERY AREA DESIGNATION
WHEREAS, State Planning Region 13 (Brazos Valley) has been the designated
area for delivery of the Comprehensive Employment and Training Act program
for the past nine years; and
WHEREAS, the chief elected official of each of the se\ren contiguous counties
of State Planning Region 13 (Brazos Valley) have been decision makers in the
successful administration of the Comprehensive Employment and Training Act
program; and
WHEREAS, the chief elected official of each of the seven contiguous counties
of State Planning Region 13 (Brazos Valley) is desirous to comply with legal
established guidelines of the Job Training Partnership Act; and
WHEREAS, Brazos County desires to participate with the other six counties
of State Planning Region 13 (Brazos Valley) in administering the Job Train-
ing Partnership Act program;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Commissioners Court of Brazos County does hereby
authorize County Judge R. J. Holmgreen, the chief
elected official of Brazos County, to execute an ap-
plication with the chief elected official of the
other six counties for designation and approval of
State Planning Region 13 (Brazos Valley) as a Service
Delivery Area for federal fiscal year 1984 as de-
scribed under the Job Training Partnership Act.
41 County Judge
G
Commission`, Precinct
Commissioner, Precinct
ATTEST:
Commissio Precinct
T'Commissioner"r, Precinct•4
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A RESOLUTION FOR CERTAIN AUTHORIZED COLLECTION
EXPENSES IN CONNECTION WITH DELINQUENT AD VALOREM
TAXES DUE THE COUNTY OF BRAZOS
WHEREAS, the Brazos County Commissioners Court has heretofore
contracted with an attorney pursuant to Section 6 30 of the Pro-
perty Tax Code to assist in the collection of delinquent taxes,
and,
WHEREAS, the Brazos County Commissioners Court deems it ad-
visable to adopt the additional penalty for collection costs as
provided in Section 33 07 of the said Property Tax Code, Now
Therefore,
Texas
BE IT ORDANIED BY THE Commissioners Court of Brazos County,
THAT ad valorem taxes, for 1981 and prior years, that remain
delinquent on July 1, 1983, shall incur an additional penalty to
defray costs of collection, said penalty to be in the amount of
fifteen percent (15`/0) of the amount of taxes, penalty and interest
due the County of Brazos, which fee shall be an authorized collec-
tion expense,
THAT ad valorem taxes that remain delinquent on July 1 of the
year in which they become delinquent shall incur an additional
4 penalty to defray costs of collection, said penalty to be in the
• r amount of fifteen percent (15%) of the amount of taxes, penalty
and interest due the County of Brazos, which fee shall be an aut-
horized collection expense
IF any provision of this order or the application thereof to _
a any person or circumstance is held to be invalid, such invalidity
shall not effect other provisions or applications of this order
which can be given effect without the invalid provision or applica-
tion, and to this end the provisions of this order are declared to
be severable It is further specially provided that if the pen-
alty herein provided should ever be finally adjudicated to be in
excess of the amount allowed by law, then such penalty neverthe-
less shall be valid and collectible for the amount allowed by law,
and,
THIS ordinance shall become effective on the date of its pass-
age, and all penalty and authorized collection expense herein pro-
vided shall be charged and collected after due notice is given to
the taxpayers of its adoption in accordance with law
PASSED, APPROVED AND ADOPTED on this the Ire day of M &Y 1983
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COUNTY UDGE
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COUNTY CLERK
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NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
To The Commissioners' Court of Brazos County, Texas
Brazos County Courthouse
Bryan, Texas 77801
Formal notice is hereby given that McDaniel PE?tgnieum rn- , Applicant,
proposes to place a gas transmission line within the right-of-way
of Hilton Road in Brazos County, Texas as follows:
--x Road crossing only.
Installation parlleling the roadway a distance of _feet.
The location or description of the proposed installation is more fully
shown by 2 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 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
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 re-
locate or lower any such line at no cost to BRAZOS COUNTY, should
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. Tnat the line or lines will be constructed no less than 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 (40') on either side of the
centerline of the right-of-way or cased for such distance.
8. That all sites will be barracaded during construction period.
9. That the normal charge established by_the Commissioners' Court is
$500 per crossing and/or $25 minimum per rod when paralleling the
roadway.
Construction of this line will begin on or after the 2R day of
April , 1983 .
APPROVED BY COMISSIONERS' COURT
Date: 3
v IZ-L-
Fee Recei ed:
Date
Amount:
Firm: 11,cDa
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By: Brad Shi let/ k (A( It
Y
Title: Landman
i
Address: Rt. 3 Box 137
Cameron, Texas 76520
Phone: (512) 455-2314
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THE FOLLOWING
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