HomeMy WebLinkAbout1983-06-13-1000AM-Regularr _
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COMMISSIONERS' COURT
REGULAR MEETING
JUNE 13, 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, June 13, 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,
Mary Ann Ward, County Clerk's Office
The following citizens and officials were in attendance
Carol Snedeker
J M Beamer
Bobby H Yeager
C J Porterfield
Ed Latta
Joseph D Blaschke
W R "Bill" Purcell
Betty Miller
Mavis Burkhalter
Van Kinerd
Arnold Dittfurth
B V Elkins
Dark Smith
Paul Rios
Kurt Lange
Mary Ann Ward
Travis Bryan
Buddy Winn
Doris Watson
Jann Snell
Jack W Cumpton
County Judge's Secretary
Sheriff's Department
Sheriff
Contractor
Bryan Development Foundation
URS/Walton
URS/Walton
Precinct 4 Citizen
Precinct 3 Citizen
Auditor
Auditor's Office
County Treasurer
KBTX
KBTX
KBTX
County Clerk's Office
District Attorney
Tax Assessor Collector
League of Women Voters
The Eagle
Architect
The Court received, approved and ordered filed as submitted
the following reports for May, 1983
W T Sistrunk, County Extension Agent,
Mike McKinney, County Extension Agent,
Dale A Fritz, County Extension Agent,
Mable Walker, County Extension Agent,
Kathleen McDonald, County Extension Agent
The Court received, considered and approved the following
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reports from County and Precinct Officers showing official fees
of office collected and remitted to the County Treasurer
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OFFICERS' REPORTS FOR May, 1983
FRANK BORISKIE, COUNTY CLERK
Fees
$ 37.779
00
Count Judge's ees
'271
50 '
Count ttorne s fees
4,568
00
eri s Fees
3,519
00
Sanitary Disposal
950
00
Law Librarv Fees
17nns
nn
mines
20
432
00-
Criminal Justice Fees
1,
285
00
Law Enforcement Education Fund
145
00
Victim o Crime Fund
1,
120
00
Miscellaneous
TOTAL COUNTY CLERKS ES
W D BURLEY, DISTRICT CLERK
Fees
72,
$ 9.
674
456
50
51
Sheriff's Fees
3,
874
00
Seri s ur e e s
-
District
Attorney's Fees
314
00
Ines
400
OT
Trial an Jury Fees
115
()0_
aw Library Fees
Crimina Just ce Fees
210
00
Law Enforcement Education Fund
TOTAL
BOBBY H YEAGER, SHERIFF'S FEES $
E A WENTRCEK, JR JUVENILE PROBATION OFFICER FEES $ 78 76
DAN RICHARD BETO, ADULT-PROBATION OFFICER FEES $
B H DEWEY, JUSTICE OF PEACE,PRECINCT 4, PLACE 1
Constable Fees $
Small Claims Fees
Civil Fees
Criminal Justice Fees
Law Enforcement Education un
Miscellaneous
TOTAL J T C PEACE,
PRECINCT 4, PLACE I
CAROLYN M HENSARLING,JUSTICE OF PEACE,PRECINCT 4,PLACE 2
Fines $
Constable Fees
S eri s Fees
Criminal Justice Fees
Law Enforcement Education Fund
isce aneous
TOTAL JUSTICE OF PEACE, PRECINCT PLACE MICHAEL B CALLIHAM,JUSTICE OF PEACE,PRECINCT 7,PLACE 1
Fines
Constable Fees Pct 154.00 Pct 868.00
Small Claims Fees
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TOTAL
HUGH
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TOTAL
civii r-ees
Criminal Justice Fees 570.00
Law Enforcement Education Fund 114.00
Miscellaneous 50.00
Sheriff's Fee 51 05
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MARY C. HORN, JUSTICE OF PEACE, PRECINCT 2
Fines
Constable Fees
Criminal Justice Fees
Law Enforcement Education Fund
Miscellaneous
TOTAL JUSTICE PEACE, PRECINCT 2
TOM LYONS, JUSTICE OF PEACE, PRECINCT 1
Fines $ 368 00
Constable Fees
-0-
Criminal Justice Fees
115.7-
Law Enforcement Education Fund
Miscellaneous
TOTAL JUSTICE 0 PEACE, PRECINCT 506.00
RAY TRUELOVE, JUSTICE OF PEACE, PRECINCT 3
Fines $
Constable Fees
Criminal Justice Fees
Law Enforcement Education Fund
Miscellaneous
TOTAL JUSTICE OF PEACE, PRECINCT
SAM FACHORN, CONSTABLE, PRECINCT 5
Serving Fees $
BRAZOS CENTER FEES $
JEFF BROWN, COUNTY ATTORNEY
Hot Check Fees $
TRAVIS B BRYAN III, DISTRICT ATTORNEY
Hot Check Fees $ ?05.00
GERALD L WINN, TAX ASSESSOR/COLLECTOR
Ad Valorem $
Fees
Miscellaneous
TOTAL T ASSESSOR/COLLECTOR
YO-OZPACE1-1
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On motion by Commissioner Beard, seconded by Commissioner
Turner the Court voted unanimously to approve the Minutes of
the Commissioners Court Meetings held April 11, 1983, April 25.
1983, May 9, 1983 and May 23, 1983 without change
The Court next heard a presentation by William R Purcell,
Jr , representing URS/Walton who presented an overview of the
Bryan Industrial Foundation in Precinct 4 and the Bryan extra-
territorial jurisdiction Mr Joseph D Blaschke, also repre-
senting URS/Walton advised the Court that there was a problem
complying with the Subdivision Regulations due to the sale of
a 10 acre tract to a prospective buyer and requested a variance
regarding the submission of a Preliminary Plat Mr Blaschke
advised the Court that he had worked out a timetable with the
City of Bryan for approval if the Court would allow the sub-
mission of a preliminary and final plat at the same time The
,Court was advised that the subdivision is being built according
to the specifications of the City of Bryan and that it was the
intention of the City of Bryan to annex the area After dis-
cussion the County Judge moved to grant the variance of the sub-
mission of the preliminary and final plat of the 10 acre tract
of land in question The motion was seconded by Commissioner
Wilcox and carried unanimously
On motion by Commissioner Wilcox, seconded by Commissioner
Beard, the Court voted unanimously to pay the statement of Utley
James of Texas, Inc in the amount of $986,380 for work completed
on modifications and additions to the Courthouse
The Court next considered approval of Change Order Number 5
to the contract for modifications and additions to the Courthouse
The total amount of the Change Order was $15.022 10 On motion by
Commissioner Beard, seconded by Commissioner Wilcox the Court voted
unanimously to approve the Change Order, a copy of which is attached
to these minutes
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On motion by Commissioner Cooley, seconded by Commissioner
Wilcox, the Court voted unanimously to approve the statement of
Jack Cumpton in the amount of $27,700 57 for architectural ser-
vices for modifications and additions to the Courthouse
The County Judge next requested and moved that the Court
waive his signature for authorizing the payment of Utility and
Telephone billings for the County The motion was seconded by
Commissioner Cooley and carried unanimously
The Court next considered approval of the following budget
amendments
1 Personnel Department reallocation of funds within
the Department budget to allow funds for reimburse-
ment for travel On motion by the County Judge,
seconded by Commissioner Beard the Court voted un-
animously to approve the amendment
2 85th District Court increase the amount budgeted
for equipment by $3,400 to accomodate the purchase
of a word processor On motion by the County Judge
seconded by Commissioner Cooley the Court voted un-
animously to approve the amendment
3 Justice of the Peace, Precinct 7, Place 1 realloca-
tion of funds within the Department to accomodate
the purchase of a typewriter On motion by the
County Judge, seconded by Commissioner Wilcox the
Court voted unanimously to approve the amendment
A copy of all amendments are attached
The Court proceeded to consider the following Plats
1 Final Plat of Sandy Oaks in Precinct 4 After
careful review of the Plat and on motion by the
County Judge, seconded by Commissioner Turner
the Court voted unanimously to approve the plat,
subject to the filing of a construction bond for
the roads
2 Preliminary Plat of Rustic Oaks in Precinct 3
After careful review Commissioner Beard moved to
approve the plat subject to the addition of an
additional 10 foot right-of-way along Grassbur
Road on the subdivision side, making the right-
of-way of Grassbur Road 40 feet from the center-
line of the road the entire length of the sub-
division and the clearing of the right-of-way
The motion was seconded by Commissioner Wilcox,
and carried unanimously
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Bids having been received and opened the Court proceeded
to consider the following bids:
1. Labor only for installation of metal studs, sheet-
rock and batting strips in Livestock Building.
(a) R. H. Owens Construction - $1,525.00
(b) Cen-Tex Drywall Company - $2,200.00
Commissioner Cooley advised the Court that there
would be an additional $400 cost involved for duct
work, and recommended the low bid of R. H. Owens
Construction making the labor bill $$1,925.00.
2. Material and delivery of sheetrock, metal studs
and trac.
(a) Ranger Supply, Inc. - 6,245.00
On motion by Commissioner Cooley, seconded by
Commissioner Beard the Court voted unanimously to
award the bid for labor to R. H. Owen Construction
Company, and for materials to Ranger Supply, Inc.,
and authorized the payment thereof.
3. Mobil 2-way Radio for the Sheriff's Department.
(a) Motorola C&E, Inc. - $1,476.00
On recommendation of the Sheriff and motion by
Commissioner Cooley, seconded by Commissioner Turner
the Court voted unanimously to award the bid for the
radio to Motorola C&E, Inc. and authorized the pay-
ment thereof.
The Court proceeded to consider the following requests to
install pipelines in County rights-of-way:
1. Edwin S. Nichols Exploration, Ltd. requested aut-
horization to install a gas pipeline across the
r-o-w of Dilly Shaw Tap Road in Precinct 2. On
motion by Commissioner Wilcox, seconded by Com-
missioner Beard the Court voted unanimously to
approve the application and authorized the in-
stallation.
2. Liquid Energy Corporation requested authorization
to install a gas pipeline across the right-of-way
of Old Reliance Road in 2 locations. Commissioner
Beard advised the Court that this crossing would
void the permit previously issued for Wallis Road
for this company. On motion by Commissioner Beard,
seconded by Commissioner Turner the Court voted
unanimously to approve this application and authoriz-
ed the installation and to void the previously filed
permit for Wallis Road.
A copy of both applications are attached.
Bids having been previously received and opened for the sale
of 5 vehicles for the Sheriff's Department, the Court proceeded to
consider the following bids:
1981 1980 1981 1977 1980 TOTAL
Dodge Ford Dodge Chev Ford
1. Henry Used Cars 950.0_0 1,00 1,060 3-MF 1-,00 $4,450.00
2. Bryan Auto Salvage Pool 700.00 715. 735. 627. 805. $3,582.00
3. Bryan Auto Salvage Pool ALL OR NONE $53,632.00
4. Russells Detective Agency -0- 700. -0- -0- 850. $1,550.00
VOLIR-PAGEs239
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i On recommendation by the Sheriff and motion by Commissioner Beard,
seconded by Commissioner Turner the Court voted unanimously to sell
all 5 vehicles to Henry Used Cars for a total amount of $4,450 00
The County had also advertised for sale of the property on
South College Avenue, commonly referred to as Bridge House, but
received no bids It was the consensus of the Court that to try to
get figures from various companies to demolish the building and
clean up the site for further consideration
The Court proceeded to consider the following requests for
Tax Refunds
1 Elsia McGill requested refund of $511 90 for County
Taxes and $9 66 for Road Bond Taxes for 13 62 acres
in the Crawford Burnett Survey, Tract 62 Reason
for refund being a granted value change on land
2 Brazos Savings re vested a refund for Shiloh Place
in the amount of x$768 50 County Taxes and $14 50
Road Bond Taxes
After having the requests explained by the Tax Assessor-Collector,
Commissioner Beard moved to grant the request and to authorize the
Tax Assessor-Collector to issue the refund The motion was second-
ed by Commissioner Wilcox and carried unanimously
The Court proceeded to consider an application from Roy Barnes
for soil conservation work to be done on this property 7k miles
North of the Courthouse on Dilly Shaw Tap Road in Precinct 2 Clyde
Porterfield, a local developer addressed the Court and posed the
question of eliminating this type of work by the County After dis-
cussion Commissioner Turner moved to deny this application and that
the County will no longer be involved in soil conservation work ex-I
cept that pertains directly to the right-of-way of the road or
structure of the road The motion was seconded by Commissioner
Beard, with Commissioners Turner, Beard and Cooley voting "Aye"
Commissioner Wilcox abstained, whereupon the County Judge announced
the motion passed
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On motion by Commissioner Wilcox, seconded by Commissioner
Cooley, the Court voted unanimously to approve the Change of
Status for the following employees
Diane MacFarlane
Melissa Anne Holt
Gabriel Escalante
Raymond Gonzales
Kathryn D Darnell
Russell W Jones
Jessie J Hernandez
Christine M Kunert
Wai-Hung David Chan
Rhonda Renee Welch
Paul Grissom Davis
Beverly Fenter
Carole Johnson
Phyliss Mobley
Catherine Locke
Jack Phariss
Ben Napier
Wendell Hosey
Andrew G Gorney
Johnnie L Battle
County Judge's Office
Sheriff's Department
Buildings and Yards
Buildings and Yards
Health Department
Health Department
County Shop
Health Department
Health Department
Juvenile Services
Sheriff's Department
Tax Office
County Attorney
County Attorney
Assistant County Attorney
County Attorney
Landfill
Road & Bridge, Precinct 2
Precinct 1
Road and Bridge, Precinct 4
The Court next considered the following Claims as submitted
by the County Treasurer for payment
General Fund -
Claims
4314
through
4398
General Fund -
Claims
4439
through
4865
Law Library -
Claims
4866
Revenue Sharing Fund -
Claims
4867
through
4868
Foster Care -
Claims
4891
through
4913
Community Resources Officer -
Claims
4424
Juvenile Commission Grant -
Claims
4425
Juvenile Commission Grant -
Claims
4914
through
4916
Health Department -
Claims
4880
through
4890
Health Department -
Claims
4415
through
4423
Road and Bridge - Shop -
Claims
4917
through
4940
Road and Bridge - Precinct 1 -
Claims
4941
through
4991
Road and Bridge - Precinct 2 -
Claims
4992
through
5015
Road and Bridge - Precinct 3 -
Claims
5016
through
5045
Road and Bridge - Precinct 4 -
Claims
5046
through
5076
County Attorney-Check Collection -
Claims
4876
through
4879
County Attorney-Check Collection -
Claims
4414
On motion by Commissioner Wilcox, seconded by Commissioner Beard
the Court voted unanimously to approve the Claims as submitted.
The Court next considered changing to the Unit System of
County Road Maintenance Members of the audience desiring to
speak on this matter were heard Mr Clyde Porterfield voiced
his desire that this matter be put before the people for a vote
and that he would be willing to secure the necessary signatures
on a petition to present to the Court to call the special election,
and suggested that this matter be tabled. Ms. Doris Watson re-
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presenting the League of Women Voters advised the Court that
their organization supported the unit system by whatever means
it be initiated, and would like for the Court to take a stand
and to vote the unit system in After discussion, the County
Judge called for a vote by a show of hands Those voting for
the unit system form of county road maintenance were Commissioner
Cooley and Commissioner Beard Those voting against the unit
system were Commissioners Wilcox and Turner The County Judge
abstained
Under other business the Court considered an agreement be-
tween the Texas Department of Human Resources and Brazos County
for payment by the state for prosecutorial activities involving
Food Stamp fraud/theft cases referred by the Department of Human
Resources After discussion Commissioner Cooley moved to autho-
rize the County Judge to enter into such agreement on behalf of
Brazos County The motion was seconded by Commissioner Beard and
carried unanimously A copy of such contract is attached
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~ a-46=
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19,3 in Bryan, Brazos County, Texas ,
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Ho mgreen
County Judge
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a ter Wilcox
Commissioner, Precinct 2
Milton Turner
Commissioner, Precinct 4
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Bill- o ey
Commissi er, Precinct 1
Aw~le- -::t
Billy ear 4d,,-,~
Comm o
ner, Precinct 3
ran Bor s e
County Clerk
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AMERICAN INSTITUTE OF ARCHITECTS X735 NEW YORK AVE NW WASHINGTON D C 20006 VoLaPA/~
T I ~ ~ i~7r~G O(r,~ ►7.~~7
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CHANGE
OWNER
❑
~
ARCHITECT
❑
ORDER
CONTRACTOR
❑
FIELD
❑
AIA DOCUMENT G701 OTHER
PROJECT
Modifications and Additions
CHANGE ORDER NUMBER five (5)
(name address)
to Brazos County Courthouse
TO (Contractor)
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ARCHITECT'S PROJECT NO 1977-106
Utley James of Texas, Inc
CONTRACT FOR $7,026,090 00
Post Office Box 26068
Austin, Texas 78755
L J CONTRACT DATE November 22, 1982
You are directed to make the following changes in this Contract
Item No 1
Furnish and install 500 gallon diesel fuel
storage tank for electric generator and
remove old tank 4
Add
$
3,688
65
Item No 2
Change conduit sizes to 1k" conduit as per
Utley James of Texas quote 118302-10
Add
$
2,231
00
Item No 3
Replace existing automatic transfer switch
for emergency generator with an Ansco
1)940360094 switch in Kohler enclosure ~
Add
$
8,477
45
Item No 4
Furnish and install one additional exhaust fan
in Toilet 126
Add
$
625
00 -
TOTAL INCREASE
$
15,022
10
The original Contract Sum was
$
7,026,090
00
Net change by previous Change Orders No 'a 1 through, 4
$
200,409
32
The Contract Sum prior to this Change Order was
$
7,226,499
32
The Contract Sum will be (increased) (devieeii (voiishowgedl by this Change Order
E
15,022
10
The new Contract Sum including this Change Order will be
$
7,241,521
42
The Contract Time will be (increased) (4@ommed) (41444"ed) by
l 10 ) Days.
The Date of Completion as of the date of this Change Order therefore Is April
16, 1984
Jack W Cumpton S Assoc Inc Utley James of Texas, Inc.
Brazos County
Texas
ARCH TECT CONTRACTOR
41 So. TexciB_AYe1'9at 0111C.e Box~606$
OWNER
SLazfl_s bounty Court`b.Quee_
Address Address
Bryan, Texas 77802 n Austin^ Texas 78755
Address
Bryan, Texas
77805
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT FOR THE 198 ; BUDGET YEAR
f
On this the 1 3t6y of 19 R I at a
i session of Comm sioners Court Me following members were present:
R. .1 1101.;1(.1:1 I i; County Judge
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BILL J. COOLEY , Commissioner, Precinct 1
BILLY E. BEARD , Commissioner, Precinct 2
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i WALTER WILCOX Commissioner, Precinct 3
MILTON TURNER Commissioner, Precinct 4
The following proceedings were held:
THAT WHEREAS, on June 13 , 19 83 the Court heard and approved
a budget amendment or the 1983 Budget year for Brazos County, Texas.
1
WHEREAS, an emergency expenditure is necessary, due to grave public
I necessity to meet unusual and unforseen conditions which could not be
reasonably included in the original budget adopted [November 30, 1982
i the following amendement(s) to the original are hereby aut orized:
Increase
i Account No. Department Reason Amount (Decrease)
! Equipment transfer of funds
( 10-78-6210 Personnel within he hudpPt (S1 O~nl
Conf. & Meetings
10-78-5510 Personnel. S I-000
i y
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BY COUNTY JUDGE
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- `r oY' Ny ~ - r•~ I~ JYr` '
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BRAZOS COUNTY, TEXAS
BUDGET AMENDmrNT FOR THE 1983 BUDGET YEAR 18
On this the 13th day of June , 19 83 , at a RLgular
session of Commissioners' Court the o owing members were present
R J Holmgreen , County Judge
Bill J Cooley , Commissioner, Precinct 1
Walter Wilcox , Commissioner, Precinct 2
Billy Beard , Commissioner, Precinct 3
Milton Turner , Commissioner, Precinct 4
The following proceedings were held
THAT WHEREAS, on June 13, , 19 83 the Court heard and approved
a budget amendment or the Budget year for Brazos County, Texas
WHEREAS, an emergency expenditure is necessary, due to grave public
necessity to meet unusual and unforseen conditions which could not be
reasonably included in the original budget adopted Nov 30 1982 ,
the following amendement(s) to the original are hereby authorized
Increase
Account No Department Reason Amount (Decrease)
10-16-6210 85th Dist CL Purchase typewriter $3 400
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THE COM;4ISSIONERS' COURT or BRAZOS COUNTY, TEXAS 4
BY COUNTY JUDGE VOMOLPAGE21y
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BRAZOS COUNTY, TEXAS
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BUDGET AMENDMENT FOR THE 19831 BUDGET YEAR =`7
On this the 13 day of June , 1983 , at a Rezular
session of Co ssioners Court the fo owing members were present:
R. J. Holmgreen County Judge
Bill J. Cooley
Walter Wilcox
Commissioner, Precinct 1
, Commissioner, Precinct 2
Billy Bearcl Commissioner, Precinct 3--
Milton Turner Commissioner, Precinct 4
rk
-The following proceedings were held:
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THAT WHERRAS, on Jupe 13 , 19 83 the Court -heard and approved i
a budget amendment or the-__1983 Budget year for Brazos County, Texas.
WHEREAS, an emergency expenditure is necessary, due to grave public
necessity to meet unusual and unforseen conditions which could not be r'
reasonably included in the original budget adopted Nov. 30, 1982
the following amendement(s) to the original are hereby authorized:
Increase
Account No. Department Reason Amount (Decrease)
10-37-5617 JP 7-1 rld;gption of (500)
10-37-6210 (Purchase tvpewriLer) 500
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THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS ~
BY: /-0- , COUNTY JUDGE
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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 EDWIN S NICHOLS
Formal notice is hereby given that EXPLORATION LTD , Applicant,
proposes to place a Gas Pipeline within the right-of-way
of Dilly Shaw Tap Roa in Brazos County, Texas as follows
-R- Road crossing only
Installation parlleling the roadway a distance of feet.
The location or description of the proposed installation is more fully
shown by 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`j
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 than forty-eight I.
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
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7 That all roads be bored to forty feet (401) on either side of the ``li
centerline of the right-of-way or cased for such distance !
8 That all sites will be barracaded during construction period
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9 That the normal charge established by-the Commissioners' Court is
$500 per crossing and/or $25 minimum per rod when paralleling the
roadway 26th
Construction of this line will begin on or after the day of
May . 1983
APPROVED BY COMMISSIONERS' COURT
Date
Fee Received
Date
Firm.EDWIN S NICHOLS EXPLORATION LTD.
By
ROBERT D RENFRO
Title LANDMAN
Address P 0 BOX 326
MERIDIAN, TEXAS 76665
Phone (817)435-2344
Amount
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To the Commissioners' Court of BRAZOS County, Texas
Brazos County Courthouse
Bryan, Texas 77801
Formal notice is hereby given that LIQUID ENERGY CORPORATION ,
Applicant, proposes to place a Gas Line within the right-
of-way of Old Reliance Road in Brazos County, Texas as follows-
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
that the Commissioner might be on hand to designate the actual
location of the installation
1
NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
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 relo-
cate 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-ray
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
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inches (48") lower than the lowest part of the drainage or bar ditch
'
and the drainage is to be considered at least two feet (21) below
the center of the roadway
7
That all roads be bored to forty feet (401) on either side of the
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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 14th day of June
1983
F 1 rm LIQUID ENERGY CORPORATION
By
Title Belton Hightower, Senior Landman
Address P 0 Box 4000
Woodlands, Texas 77389
Phone 409/836-6685
APPROVED COMMISSIONERS' COURT
Date 3
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TEXAS DEPARTMENT OF HUMAN RESOURCES
e AGREEMENT WITH
.
BRAZOS COUNTY
180-021-03
The Texas Department of Human Resources, hereinafter referred to as the
Department, Brazos County, Texas, hereinafter referred to as the County,
and Travis B Bryan III hereinafter referred to as the Prosecuting
Authority, hereby enter into this agreement for the mutual consideration
set forth below
I a o
THE TEXAS DEPARTMENT OF HUMAN RESOURCES AGREES
It
A. To conduct investigations into allegations of Food Stamp
fraud/theft and other Food Stamp violations
B. To submit written documented case reports in the format required
for making prosecutorial decisions to the Prosecuting Authority
C. To provide the necessary Texas Department of Human Resources
0 records and appropriate staff as witnesses in court when referred
cases are being prosecuted
0
D. To notify the Prosecuting Authority of any case in which court
ordered restitution payments are 60 days delinquent or have not
been made
E. To pay the County in the following amounts for prosecutorial
activities involving Food Stamp fraud/theft cases referred by the
Department to the Prosecuting Authority
1 Two hundred and fifty dollars ( $250 00 ) for each case in
which a defendant who is prosecuted under this contract is
sentenced following an uncontested or nolo contendre plea
before a court of appropriate jurisdiction, and
2 Six hundred dollars ( $600 00 ) for each case in which a
defendant is prosecuted under this contract pursuant to &
contested trial before a court of appropriate jurisdiction
II
THE PROSECUTING AUTHORITY AGREES
A To review and evaluate cases referred by the Department for
appropriate judicial action
B. To prepare complaints, informations and/or indictments and present
for trial cases which are in his judgement suitable for
prosecution
C To recommend to the court if probation is to be granted, that the
following actions be taken in addition to other recommendations
considered appropriate by the Prosecuting Authority
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1 Th'e individual be disqualified from participation in the Food
Stamp Program as provided in Section 6 (b) of the Food Stamp
Act 6
2 The individual be ordered to make restitution to the Texas
Department of Human Resources, Office of the Investigator
General for the amount of Food Stamp benefits unlawfully
obtained
3 To take appropriate action against individuals who fail to
comply with court ordered restitution upon notification from
the Department
4 To request payment for services on the form provided by the
Department and to identify each charge by use of the case name
and case number provided by the Department The date the
disposition was obtained will be identified for each
defendant 4
0 To make available at reasonable times and for reasonable periods,
books, records, and supporting documents kept current by the
Prosecuting Authority, pertaining to this agreement for purposes
of inspecting, monitoring, auditing, or evaluating by the Depart-
ment personnel, its representatives or the United States
Department of Agriculture
E To be responsible for any audit exception or other payment
deficiency for which the Prosecuting Authority is legally
responsible under this agreement which is found to exist after
monitoring or auditing by the Department, or the United States
Department of Agriculture, and to be responsible for the collec-
tion and proper reimbursement of any amount paid in excess of the
proper billing amount
F. To comply with the Civil Rights Act of 1964, as amended, in giving
equal opportunity without regard to race, color, creed, sex, or
national origin The Prosecuting Authority further agrees not to
discriminate against, any qualified handicapped person seeking
ftloyment or services
III
The County agrees to make available to the Prosecuting Authority resources
sufficient to enable the Prosecuting Authority to carry out the terms of
this agreement
IV
The parties mutually agree to the following general terms and conditions,
A No payment is due the Prosecuting Authority under this agreement
when a defendant receives a deferred ajudication of guilt
B The rates listed in Article I, Paragraph E, subparagraphs 1 and 2
are statewide rates set by the Board of Human Resources and shall
be in effect until amended by the Board of Human Resources, in
which event the Department shall notify the County and the Prose-
cuting Authority of such statewide rates and the County and the
Prosecuting Authority shall have thirty days in which to agree to
the new rates or terminate this agreement
C This agreement is subject to the availability of State and/or
Federal funds and if such funds become unavailable, or if the
total amount of funds allocated for this agreement should become
depleted during any budget period and the Department is unable to
obtain additional funds for such purposes, then by written notice
the agreement will be terminated, or payment will be suspended, or
funding will be reduced, as specified in the written notice
1
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0a If the Federal or State laws or other requirements are amended or
judicially interpreted so as to render continued fulfillment of '
this agreement, on the part of either party, substantially
unreasonable or impossible, or if tqe parties are unable to agree ,
upon any amendment which would therefore be needed to enable the
substantial continuation of the services contemplated herein, the
parties shall be discharged from any further obligations created i`
under the terms of this agreement except for the equitable
settlement of the respective accrued interests or obligations
incurred up to the date of termination
E This agreement may be cancelled by mutual consent, however, if
such mutual consent cannot be attained, either party to this
agreement may consider it to be cancelled by the giving of thirty
(30) days notice in writing to the other party and this agreement
shall thereupon be cancelled upon the expiration of such thirty
(30) day period
a
This agreement is effective on October 1, 1982 and shall continue
indefinitely subject to termination as outlined above
TEXAS DEPARTMENT OF HUMAN
RESaURCES °
BY BY
ar n o ns Hono able R, J olmgreen
Commissioner County Judge
i
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d- ~ a~°
MIEwED By u~ o ravis B Bryan III
District Attorn(4
BY
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