HomeMy WebLinkAbout1984-04-09-1000AM-Regular11, "
COMMISSIONERS' COURT ,
REGULAR MEETING
APRIL 9, 1984
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, April 9, 1984,
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;
Frank Boriskie, County Clerk.
The following citizens and officials were in attendance:
Mark Meadors KBTX
Kurt Lange KBTX
Van Kinerd County Auditor
Erin Osborne WTAW
Bobby H. Yeager Sheriff
Don Ward Brazos County, MPO
Sandy Tucker League of Women Voters
Greg Moses KTAM
Jack Earnshaw Threshold Energy, Inc.
B. V. Elkins County Treasurer
Sandy Lange County Treasurer
Carol Snedeker County Judge's Secretary
B. J. Kling Kling Engineering
Carey Cauley, Jr. NAACP
Ruth McLeod Commissioners Court
The Court received, approved and ordered filed as submitted
the following reports for March, 1984:
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
reports from County and Precinct Officers showing revenue collected
and remitted to the County Treasurer.
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OFFICERS' REPORTS FOR MARCH, 1984
FRANK BORISKIE, COUNTY CLERK
Fees
Count Judge's ees
Count Attorney's Fees
er s Fees
Sanitary Disposal
Law Library Fees
mines
Criminal Justice Fees
Law Enforcement Education
3gtim o rime Fun
isce aneous
TOTAL COUNTY CLERK'S FEES
W D BURLEY, DISTRICT CLERK
Fees
Sheriff's Fees
1
0
5 00
Sheriff's Jury Fees
570
.00
Distr ct Attorney's Fees
521
.60
Fines
908
.80
Trial an ury ees
-115
.00
Law Library Fees
855
.00
Criminal Justice Fees
340
00
Law Enforcement Education Fun
17
.00
Victim o Crime Fund
255
.00
Miscellaneous
TOTAL DISTRICT CLERK'S FEES
3
BOBBY H YEAGER, SHERIFF'S FEES June 1983 thru Dec 1983
E A WENTRCEK, JR JUVENILE PROBATION OFFICER FEES
s
DAN RICHARD BETO, ADULT-PROBATION OFFICER FEES
B H DEWEY, JUSTICE OF PEACE,PRECINCT 4, PLACE 1
Constable Fees 105 00 Sheriff 795.00
~13.672
$19,163
$ 155
$
$ 9oo_
_00
40
00
n
Small Claims Fees
203-
90
Civil Fees
no-
Criminal Justice Fees
-
Law En orcement ucat on Fund
Miscellaneous _ 8-0() Intg4-t _
L23
13
9-3
TOTAL J T CE E, PRECINCT , PLACE I
CAROLYN M HENSARLING,JUSTICE OF PEACE,PRECINCT
Fines
,PLACE
1 19A
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2
$ 32,569
-
91
38
Constable Fees
Sheriff's Fees
-
266.
00
Criminal
Tstice Fees
2.925.
00 '
Law n orcement Education Fund
Miscellaneous-Victim o Crime-2 100 00-Int
108 21
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TOTAL JUSTICE OF PEACE, PRECINCT , PLACE 2 548,553.61
MICHAEL B CALLIHAM,JUSTICE OF PEACE,PRECINCT 7,PLACE 1
Fines $ 4,394 00
I Constable Fees Pct Pct 1-7-703 55 Pct 3-60 00 917.55
Small Claims Fees
Civil Fees 126,00-
Criminal Justice Fees 420.00
Law Enforcement Education Fund
Miscellaneous c /c 3 00 Interest 32 70 35 70 _
iV im`Eri'me 87 50
i TOTAL JUSTICE OF PEACE,PRECINCT 7, PLACEI $ 6,064 75
HUGH LINDSAY,JUSTICE OF PEACE,PRECINCT 7,PLACE 2
. Fines $ 2,557 00
Constable Fees 310 00
Small Claims Fees 77.00 I~
V-Lctim of Crime 62 50
Criminal Justice Fees
Law Enforcement Education Fund 71 nn
Miscellaneous-Interest 14 86 - c c 1-00 is RA
TOTAL JU TICE OF PEACE, PRECINCT , PLACE 3.448 36
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l MARY C HORN, JUSTICE OF PEACE, PRECINCT' 2
I Fines $
Constable Fees
Criminal Justice Fees
Law Enforcement Education Fun
isce aneous
TOTAL JUSTICE PEACE, PRECINCT
TOM LYONS, JUSTICE OF PEACE, PRECINCT 1
Fines
Constable Fees
Criminal Justice Yees
Law En orcement Education Fun
Miscellaneous
TOTAL JU TICE PEACE, PRECINCT
RAY TRUELOVE, JUSTICE OF PEACE, PRECINCT 3
Fines $ 40,00
Constable Fees
Criminal Justice Fees 5.00
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Mi.scetlaneous
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TOTAL,J IC OF PEACE, P
• fop t1 a
SAM FACHORN, CONSTABLE, PRECINCT 5
r ',,Serving Fees $
B?=OS CENTER FEES $ 3.735.00 '
JEFF BROWN, COUNTY ATTORNEY
Hot Check Fees $
BILL R TURNER DISTRICT ATTORNEY
DHR Fees $ 2.000.00
GERALD L WINN, TAX ASSESSOR/COLLECTOR MRUARY
Ad'Valorem $198,108 91
Fees 26,033.-29..-
Miscellaneous
S 2 4~fo
TOTAL TAX ASSESSOR/COLLECTOR
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The first matter to come before the Court was a request for
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Brazos County to make application to the Criminal Justice Division
for funds to provide for the establishment of a Rape Crisis Center
and a Victim/Witness Program After discussion Commissioner Wilcox
.
moved to authorize the County Judge to make application on behalf of
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Brazos County for funds to provide a Rape Crisis Center and funds
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for a Victim/Witness Program The motion was seconded by Commissio-
ner Turner with all members of the Court voting "Aye " Copies of
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Resolutions for both grants are attached to and made a part of these
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minutes
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On motion by Commissioner Wilcox, seconded by Commissioner
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Turner, the Court voted unanimously to pay the statement of Utley
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James of Texas, Inc , in the amount of $208,930 39 for modifica-
tions and additions to the Brazos County Courthouse
The Court next considered the operation of a branch office for
absentee voting at College Station City Hall for the Primary Elec-
tion to be held May 5, 1984 After discussion Commissioner Beard
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move
to
ave a branch office for absentee voting at College Station
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City Hall, subject to approval of the Justice Department The motion
was seconded by Commissioner Wilcox, with Commissioners Beard, Wilcox
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and Cooley voting "Aye " Commissioner Turner voted "No", whereupon
the County Judge announced the motion carried
Commissioner Cooley requested that Rock Prairie Road, Peach
Creek Road and Peach Creek Cut-Off Poad in Precinct 1 be limited to
30,000 pound load limits After discussion Commissioner Beard moved
to limit the traffic on Rock Prairie Road, Peach Creek Road and Peach
Creek Cut-Off Road to 30,000 pounds Tne motion was seconded by
Commissioner Cooley, with Commissioners Beard, Cooley and Turner vot-
ing "Aye " Commissioner Wilcox abstained
The Court next considered the following Notice of Proposed In-
stallation in County Right-Of-Way
1 Ferguson Crossing Pipe Line Company proposed to install
a six inch gas line within the right-of-way of Britten
Road in Precinct 4
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2. Rio DeOro Oil and Gas Exploration proposed to install
a two inch gas line within the right-of-way of Harris
Lane in Precinct 2.
On motion by Commissioner Wilcox, seconded by Commissioner Turner,
the Court voted unanimously to approve the applications and aut-
horized the installation. A copy of both applications are at-
tached. '
The Court proceeded to consider the following bids
1. Aggregate for surface treatments of County Roads-
(a) Texas Crushed Stone(b)Gifford Hill Co.Inc.(c)Austin Crushed Stone
Type A
Grade 3 $5.75 ton $8.00 ton $6.75 ton
Grade 4 $5.75 ton $8.00 ton $6.75 ton
Type B
Grade 3 $5 75 ton No Bid $6.75 ton
Grade 4 $5.75 No Bid $6.75 ton
On motion by Commissioner Wilcox, seconded by Commissioner Beard,
the Court voted unanimously to accept the bid of Gifford Hill
Company, Inc. for Type A, Grade 3 and 4, and Texas Crushed Stone
for Type B, Grade 3 and 4.
2. Gasoline and diesel fuel for Brazos County for the
for the following year
(a)H&M
(b)Exxon
(c)Broach
(d)K.D.
Wholesale
Oil Co.
Timmons
50,000
gal.Regular
$.83
$.8535
$.877
$.84
37,000
gal.Unleaded
$.86
$.8935
17
M
$.88
5,000
gal.Prem.Unleaded
$.91
$.9485
87
$.9425
47,000
gal.Diesel #2
$.805
$.8250
$.8575
$.8175
On motion by Commissioner Wilcox, seconded by Commissioner Beard,
the Court voted unanimously to accept the bid o~ H&M Wholesale.
3. Oil & Gas Lease on a 9 03 acre tract in Precinct 1
(a) Threshold Energy bid 20% Royalty and $2,724 for 2 year
paid up lease. On motion by Commissioner Beard, sec-
onded by Commissioner Turner, the Court voted unani-
mously to accept the only bid received and authorized
the County Judge to execute the proper documents.
The Court next considered the following Plats.
1. Final Plat of Fox Fire, Phase IV in Precinct 1 and the
extra territorial jurisdiction of the City of College
Station. After discussion and on motion by Commissioner
Cooley, seconded by Commissioner Beard the Court voted
unanimously to approve the Plat, subject to approval of
the Planning Commission of the City of College Station
and the filing of construction bond.
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2 Preliminary Plat of Green Hill in Precinct 2 After
discussion Commissioner Wilcox moved for approval, sub-
ject to the addition of a perpetual easement tapping
the abutting property The motion was seconded by
Commissioner Beard with Commissioners Wilcox, Beard
and Turner voting "Aye " Commissioner Cooley voted "No "
PF The Court next considered bids received for the sale of one
Ford farm tractor and one Massey-Ferguson 65 tractor as follows
+
Ford Tractor Massey-Ferguson 65
1 Cen-Tex Tractor $2,001 00 $1,001 00
On motion by Commissioner Cooley, seconded by Commissioner Beard
the Court voted unanimously to accept the only bid received and
sell both tractors to Cen-Tex Tractor
The Court proceeded to consider Change of Status of the
following employees
Sheriff's Department
Sheriff's Department
Constable, Pct V
County Court At Law
Precinct 1
County Clerk's Office
Tax Office
Tax Office
Tax Office
Thomas Earl Graham
James Leslie Clark
Danny McClain
Glendora F Payne
John W Albertson
Sally Thompson
Rebecca A Mueck
Tara D Hinson
Deborah Emola
On motion by Commissioner Turner, 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
I
by the County Treasurer for payment
General Fund
General Fund
Law Library
Revenue Sharing Fund
Foster Care
Community Resources Officer
Juvenile Commission Grant
Health Department
Capital Projects & Improvement Fund
Prop I
Prop II
Road and Bridge Debt Service Fund
Road and Bridge - Shop
Road and Bridge - Shop
Road and Bridge - Precinct 1
Road and Bridge - Precinct 1
Road and Bridge - Precinct 2
Road and Bridge - Precinct 2
Road and Bridge - Precinct 2
Road and Bridge - Precinct 3
Road and Bridge - Precinct 3
Road and Bridge - Precinct 3
Road and Bridge - Precinct 4
Road and Bridge - Precinct 4
Road and Bridge - Precinct 4
Claims
Claims
Claims
Claims
Claims
Claims
Claims
Claims
16449
16581
16767
16770
16806
16565
16567
16552
thru
thru
thru
thru
thru
thru
thru
thru
16525
16765
16769
16772
16846
16566
16568
16564
Claims 16766
Claims 16527 thru 16528
16526
Claims 16570
Claims 16847 thru 16870
Claims 16571
Claims 16871 thru 16890
Claims 16577
Claims 16572 thru 16573
Claims 16891 thru 16902
Claims 16574
Claims 16578
Claims 16903 thru 16916
Claims 16575
Claims 16579 thru 16580
Claims 16917 thru 16941
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On motion by Commissioner Cooley, seconded by Commissioner Beard
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the Court voted unanimously to approve the Claims as submitted,
Linder Other Business the County Judge laid before the Court
a recommendation from Judge McDonald, 85th. District Court and
Judge Delaney, 272nd. District Court for a plan of selecting per-
sons for fury service with the aid of mechanical or electronic
means. On motion by Commissioner Cooley,,seconded by Commissioner i
Turner the Court voted unanimously to approve the plan as submitted.
A full copy of the plan is attached to and made a part of these
minutes.
Commissioner Beard next asked approval of the Court for the
acceptance of the roads in Ravenwood Subdivision stating that the
roads did not meet county standards, and that the maintenance of the roads would be "in as condition" and that any improvements
would be at the cost of the property owners in the subdivision ~r
until such time as they are brought up to county standards. After
discussion Commissioner Cooley moved to grant the request and to
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authorize the Commissioner to maintain the toads in the subdivision
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in "as is condition". The motion was seconded by Commissioner
Beard and carried unanimously,
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There being no further business the meeting was adjourned.
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The foregoing minutes have been examined and approved in
open Court this the da
,
~Y2~I,l y of
19'" , in Bryan, Brazos County, Texas
o mgreen
County Judge
Q-~a
Walter i cox
Commissioner, Precinct 2
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Milt 6n Turner
Commissioner, Precinct 4
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B3-11 coo ey
Comm toner, Pre nct 1
niiiy earn -
Commiss er, Precinct 3
Fran Boris Oie
County Clerk
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STATE OF TEXAS
COUNTY OF BRAZOS
A RESOLUTION AUTHORIZING
APPLICATION FOR GRANT TO SUPPORT
BRAZOS COUNTY RAPE CRISIS CENTER
WHEREAS, the Criminal Justice Division, Office of the
Governor, has indicated, that metropolitan areas of population
over 50,000 should have a rape crisis center and has thereby
supported such; and
WHEREAS, among the several programs included in the 1983
Criminal Justice Plan for Texas is one which continues to
provide for personal augmentations to the implementation of rape
crisis centers; and
WHEREAS, due to the low rate of reported rapes and there
presently being no assistance offered to rape victims in Brazos
County;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONER°S COURT
OF BRAZOS COUNTY, TEXAS, at its meeting on the 9th day of April,
1984, that:
1. The County Judge is authorized to make application on
behalf of Brazos County to the Criminal Justice Division
for grant funds to provide for the, augmentation for
the establishment of a Rape Crisis Center in Brazos
County.
2. That the County Judge is authorized to accept on behalf
of Brazos County such grant funds as may be tendered
by the Criminal Justice Division.
3. This Resolution becomes effective upon adoption and
its recording in the Minutes of the Commissioner°s
Court is ordered.
R.J. OLMGREEN
County Judge
Brazos County, Texas r
ATTEST:
FRANK BC I K_ , COUNTY CLERK
BRAZOS COUNTY, TEXAS
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RAPT' CRTSTS
Grant Applications
In accordance with the "Uniform Grant and Contract Management
Standards" (UGC11S) promulgated by the Governor's Office of Budget
and Planning, under authority of Texas Civil Statutes, Artiyle 4413
(32g), the Governor's Criminal Justice Division is utilizing the
standard grant application forms (Exhibit M-3, Attachment M, UGCMS)
in its grant application process The forms contain the necessary
instructions for their completion Please note, however, that in
accordance with the instructions as outlined on the standard grant
application forms, our office is requesting additional detail with
regard to budget information as provided for by Attachment M, Part III,
Section F - Other Budget Information, Line 21 To assist you in
supplying the "Other Budget Information" that is needed we have pro-
vided suggested formats (attached) for the budget detail requested
You may, however, disregard Sections A, D, and E, Part III of the
standard grant application forms
In addition, as an aid to assist you with the completion of
Section IV, Attachment M, standard grant application forms, we have
included a suggested format (attached) for providing the information
that is requested in section 3 b If you have any questions concern-
ing the Uniform Grant and Contract Management Standards or completing
any of the application forms, please contact the Governor's Criminal
Justice Division for assistance
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COUNTY OF BRAZOS f
t
A RESOLUTION AUTHORIZING
APPLICATION FOR GRANT TO SUPPORT
BRAZOS COUNTY RAPE CRISIS CENTER
i
WHEREAS, the Criminal Justice Division, Office of the
Governor, has indicated that metropolitan areas of population
w
over 50,000 should have a victim/witness program and has thereby
supported such; and
WHEREAS, among the several programs included in the 1983
Criminal Justice Plan for Texas is one which continues to
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provide for personal augmentations to the implementation of ,
victim/witness programs; and
S
WHEREAS, due to the low rate of reported incidents of t
family violence and there presently being no assistance offered i.j
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to victims of family violence in Brazos County; 1
,j
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONER'S COURT
OF BRAZOS COUNTY, TEXAS, at its meeting on the 9th day of April, !
1984, that:
1. The County Judge is authorized to make application on rl
behalf of Brazos County to the Cr\imiral Justice Division \
for grant funds to provide for the augmentation for '
the establishment of a Victim/Witness Program in !
Brazos County.
2, That the County Judge is authorized to accept on behalf
of Brazos County such grant funds as may be tendered
by the Criminal Justice Division.
3. This Resolution becomes effective upon adoption and
its cecording in the Minutes of the Commissioner's
Court is ordered. ,y
! R.J. OLMGREEN j r
County Judge 4
Brazos County, Texas -
ATTESTt
--~Ttz c A-t.c,
FRANK BORZS IE, COUNTY CLERK
BRAZOS COUFXY, TEXAS
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Grant Applications
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In accordance with the "Uniform Grant and Contract Management
Standards" (UGCHS) promulgated by the Governor's Office of Budget
and Planning, under authority of Texas Civil Statutes, Article 4413
(32g), the Governor's Criminal Justice Division is utilizing the
standard grant application forms (Exhibit M-3, Attachment M, UGCMS)
in its grant application process. The forms contain the necessary
instructions for their completion. Please note, however, that in
accordance with the instructions as outlined on the standard grant
application forms, our office is requesting additional detail with
regard to budget information as provided for by Attachment M, Part III,
Section F - Other Budget Information, Line 21. To assist you in
supplying the "Other Budget Information" that is needed we have pro-
vided suggested formats (attached) for the budget detail requested.
You may, however, disregard Sections A, D, and E, Part III of the
standard grant application forms.
In addition, as an aid to assist you with the completion of
Section IV, Attachment M, standard grant application forms, we have
included a suggested format (attached) for providing the information
that is requested in section 3.b. If you have any questions concern-
ing the Uniform Grant and Contract Management Standards or completing
any of the application forms, please contact the Governor's Criminal
Justice Division for assistance.
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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
COMPANY
Formal notice is hereby given thatFERGUSON CROSSING PIPE LINE, Applicant,
proposes to place a 6" Gas Line within the right-of-gray
of Britten 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.
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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-gray.
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
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 5th day Of April
1984 ,
Firm: FERGUSON CROSSING PIPE LINE COMPANY
By:
Title: Phil L skowski, Landman
Address: Suite 1878A, Greenfield Plaza
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Bryan, Texas 77802
APPROVED BY COMMISSIONERS' COURT
Date:
oof 't
Phone: 409/260-9833
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4.1.82
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NOTICE OF PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
1
To The Commissioners' Court of Brazos County, Texas
Brazos County Courthouse
Bryan, Texas 7780,1
Formal notice is hereby given that Rio De Oro Oil & Gas ExploApplWaant,
proposes to place a 2" gas pipeline within the right-of-way
of Harris Lane in Brazos County, Texas as follows:
'fit Road crossing only.
Firm: W Edt*f )e(il0/Ga*/E/pl
installation parlleling the roadway a distance of feet.
The location or description of the proposed installation is more bully
shown by copies of the drawin4s attached to this r%0Lti9e.
I understand and agree that:
1.
+6
2.
3.
4.
5.
6.
y.
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 d
of the installation.
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.
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.
That BRAZOS COUNTY is in no way responsible for any damage that might
occur to any existing utility lines in the right-of-way. `
Y• r
That the line will be constructed and maintained on the county right- °
of-way in accordance with governing laws. '-i
I
That 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 r~
and the drainage is to be considered at least two feet (21) below ;i
the center of the roadway. ~I
7. That all roads be bored to forty feet (401) on either side of the
centerline of the right-of-way or cased for such dk6tanee.
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 ~od when paralleling the
roadwav. 10th
Construction of this line will begin on or after a day of
April 01 1984
APPROVED BY COMMISSIONERS' COURT
Date: .P
Fee Received:
Date
Amount:
- .~~wsw,a e
By:
Title:/ President
Address: P. 0. Box 26541'
Austin, Texas 78755
Phone: (512) 345-2713
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ELECTRONIC JURY SELECTION ,
Pursuant to the provisions of Article 2100a, Vernon's Texas
Civil Statutes, we, the undersigned, being the District Judges of
Brazos County, Texas, at a special meeting held on April 6, 1984,
for the purpose of recommending a plan of selecting persons for
jury service with the aid of mechanical or electronic means, do
hereby recommend to the Commissioners Court of Brazos County,
Texas, adopt the plan attached hereto as Exhibit "A" for the
selection of persons for jury service with the aid of mechanical
or electronic means of the Brazos County, Texas, Computer System.
Signed this 044, day of April, 1984.
I W. T. MCDON L , JR., JUDGE-
;185th Judicial District Court 272nd Judicial Dist Cour
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EXHIBIT "A"
WHEREAS,'the present method of selecting jurors from the
I'program which was prepared for such purposes by Western Data
I
Services, Inc., of .Waxahachie, Texas in Brazos County, Texas is
i
~
lexpensive, and jurors can be selected fairly, more efficiently,
land less expensively by mechanical and electronic means, of the
(Brazos County owned computer system.
I
I It is therefore recommended to the Commissioners Court of I
Brazos County, Texas, by the Judges of the District Courts of
I
i
Brazos County, Texas, by the authority of Article 2100a, f
4
I
Vernon's Texas Civil Statutes, that the following plan for the
I
,
selection of persons for jury service be adopted:
fi
1. Source of Names
The source from which names shall be taken shall be the
i
i
current voter registration lists of all precincts in Brazos
Ii County, Texas, as certified by the Tax Assessor-Collector of
i
~IBrazos County, Texas, and entered on the furor selection computer
program which has been prepared for such purpose by the Data ,
Processing Department of Brazos County, Texas. ,
2. Official in Charge
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4
The Clerk of the District Courts of Brazos County, Texas,
li herein called the "Clerk", is designated as the official to be in
charge of the selection process, and shall have the duties and
II
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11 authority as set forth herein.
.
,
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3. Access to Voter Registration List
i
The Tax Assessor-Collector of Brazos County, Texas, as part
of his present, regular duties, shall update the voter registration
;
urrent a list as
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o assure a
s p
an,
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list to be use
possible. Other than at such times as a random list of prospective
r
jurors is obtained from the voter registration list, the Tax
Assessor-Collector, or his designate, shall be the only person
~
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•
; with access to the voter registration list, and such access shall
be for updating purposes only. The Tax Assessor-Collector gains
II -1-
VOLLPAGE/-,,
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access to the voter registration list only by entry into the
computer of the particular security code issued to the Tax
,Assessor-Collector for this purpose. Such security code is in
I ~
I 'i the sole possession of the Tax Assessor-Collector of Brazos
iJCounty, Texas. r
I I
i'
a is a large multiplier,
I
c is a large addor, and
,I
d is a large number that determines the range of the
X's and the number of random numbers that can be
t,
h
Xn+l is the new random number,
1 11
I
Xn is the last random number, ~I
ii4. Program for Random Selection
In preparing the computer program for jury selection, the
I~
,iData Prdcessing Department of Brazos County, Texas has devised a ~
t'system which will insure the fair, impartial and objective
II; selection of prospective jurors by use of a random number generating
process.
i
All eligible (non-jury exempt) voter certificate numbers are
I~ I
read into a table. This table is then shuffled using the random
number generator to select numbers to re-order. When the table
II I
has been properly shuffled, the list is then placed on magnetic i
i I
tape for storage and numbers are taken from the tape until the
panel is filled.
I I
The random number generator used an LCM algorithm to generate
its psuedo-random sequence. The LCM generates the sequence by
the relations
;t
Xn+1 - (aXn + c) mod d (KNUTH 69)
I where:
' generated from the sequence.
~I There is a criteria for selecting a, c, and d. Proper
selection yields a "good" generator where a poor selection yields
a "biased" generator. The criteria (Knuth 69) for selecting a,
c, and d are:
MR *1
J I 1
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1
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t
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z. a
1___ e L
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1
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T _
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( let b = a - 1,
then b is a multiple of every prime factor of d,
I
b is •a multiple of 4 if d is also,
c is relatively prime to d, and
,j d is large but can still be represented in one word.
Ii The actual values chosen were:
i,
19
li a = 715,827,883 '
c = 3,141,592,654
d = 2,147,483,647
231-1
= 2.32.7.11.31.151.331
I
These came from:
I
b - 2.3.7.11.31.151.331
I
= 715,827,882
a = b + 1
715,827,883
These values were recommended in (Knuth 69) for a 32-bit computer
~Isuch as the Univac System 80. This sequence will generate a run
'from 0 to 2,147,483,646 (d-1) in random order. No value will
repeat itself until every value has been generated. Therefore
there are 2,147,483,647 (d) random numbers for each starting
point or seed. The sequence of numbers is different for every
starting seed.
5. Presiding Judge
The District Judge who shall act as the Presiding Judge for
Jury Selection shall be rotated annually, with the Judge of 85th
'District Court acting as the Presiding Judge on odd-numbered
years, and the Judge of the 272nd District Court acting as the
Presiding Judge on even-numbered years. The Presiding Judge
` shall have such duties and authority as herein provided, and also
such authority as provided in Articles 2094 to 2103 inclusive,
Vernon's Texas Civil Statutes, except as modified by this Order
under authority of 2100a, Vernon's Texas Civil Statutes. -The Pre-
siding Judge may from time to time delegate his authority tem-
I,
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porarily to the other District Judge.
-3- vou4LPAGE.
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~I6. Processing the Prospective Juror List
I+ From time to time, as needed during the year, the Presiding
Judge (pr his designate), the Clerk (or his designate), and the
Sheriff of Brazos County (or his designate), shall assemble for !
the purpose of activating the computer juror selection program,
' I
.'and thereby produce a List of Prospeotive Jurors. A unique
!Iisecurity code shall be issued to each of the above named officers
~ I
viand protected by him/her to insure the integrity of the juror
selection process. The program cannot be activated on the computer
lunless all three security codes are properly entered, as herein
set forth.
The process for activating the juror selection program is
described as follows. The Operator of the computer types in a
predetermined "callup" number which identifies with the Juror
Selection System for Brazos County, Texas. This will cause
Screen #1 to appear on the computer terminal. Screen #1 is for
!!the purpose of entering the security codes of the three officers
I'
(mentioned above. These codes will not be shown on the picture
'
1.
I
tube. In the event that a wrong code has been entered, the
computer will notify the Operator and allow entry of the correct
code. After the correct entry of all three codes, the system
will "unlock" and a different screen will appear, that being
'A
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M
I '
I ~
I ~
o l
I ~
Screen #2. This Screen requires the Operator to enter how many
jurors are needed for each panel to be pulled and the summons
t
date and time of day to appear. The operator may enter information
for up to five panels on each of the three courts. This informa- ,
tion is then sent to the computer. The oprator then calls data
processing and asks for panels to be pulled. Juror lists and
I
summons are then printed and may be picked up at the Data Pro-
cessing Department.
7. Selection of Jurors for Particular Weeks
Once the Prospective Juror List has been printed by the
above described process, the Data Processing Department of Brazos
County, Texas, will address a juror summons to each person on the
Prospective Juror List. At the direction of the Presiding Judgeo
I
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the Jury Coordinator will mail out by First Class Mail such number
:':of the data mailers as is necessary to assure a sufficient number
11of jurors to meet the demands of the various courts using this
service. At least ten (10) days prior to the date such persons
are to begin such jury service, a true and complete written list j
';showing the names and addresses of the persons summoned to begin
I
;'jury service on a particular date shall be filed of record with
the County Clerk.
~I
8. Postponed Jurors
• I
The names of persons previously called for jury service I
whose service has been postponed to a later date, shall be entered,
as rescheduled jurors for date certain by the Presiding Judge (or ,
I s
IIhis designate) to the list of persons to be called at such later
Ildate, and will be printed out on list which will be filed with !
1' the County Clerk not later than ten (10) days before such date.
I I j
9. Summoning Jurors
.1 !
The District Courts shall summon by First Class Mail for the
dates designated all persons so listed to be called for jury
I~ service on such dates. '
11 10. Additional Jurors f
I: When the Presiding Judge determines that the number of
~I I
jurors previously selected for any designated date is insufficient!,
he shall direct the Jury Coordinator to prepare a supplemental
list containing a specified number of persons to be called for
jury service in addition to those previously selected. Such ,
additional persons shall be selected, listed and summoned in the
same manner as those previously selected.
i
1!
e ~
11. Supervision by Presiding Judge
The Presiding Judge or any other Judge of a court of record
f
who is presiding over a jury trial during the week shall'have
i
* supervision and control over the general panel of persons called
-5- j
OLY-PAGE70t,
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pre 1+,~-~.. i
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it
1 . aI
for jury service. He shall cause all persons selected, summoned
,land appearing for jury service as above provided to be sworn and
'I,interrogated concerning their qualifications as provided by law,
I
,shall pass on their qualifications, exemptions, and excuses, shall
I .
Ii'give them such instructions as may be required or appropriate
!;before they are assigned to any particular court for duty, and
shall cause them to be sworn to make true answers to all questions
11
,asked during voir dire examination concerning their qualifications
!to serve•as jurors in any particular case.
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~I
12. Jurors Used Interchangeably
The jurors so selected, qualified, instructed and sworn shall
constitute a general panel for the week for service as jurors in
all District and County Courts at Law, in Brazos County, Texas,
and shall be used interchangeably in all of said Courts. The Jury
Coordinator acting under instructions of the Presiding Judge,
shall divide into panels and assign such jurors to the different
I
,,courts as requested by the Judges of said Courts.
13. Amendments
This plan may be amended at any time by the Commissioners
,'Court of Brazos County, Texas upon recommendation of the District
;I
Judges of Brazos County, Texas.
14. Effective Date
,I
This plan upon adoption shall become effective immediately
I'
upon the approval and adoption of the Brazos County Commissioners
Court. The approval and adoption of this plan supercedes and
i~
repeals any and all plans of electronic jury selection heretofore
approved and adopted by the Commissioners Court of Brazos Countyo
iI
Texas
i'
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-6-
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115P W, 19
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This plan was considered by the Commissioners Court of Brazos
~i County, Texas, on the q_& day of 1984, and is
hereby approved.
I
I
R. J. LMG EN, COU Y JUDGE BILL COO,LEY, COMM. rECT.
If WALTER WILCOX, COMM. PRECT. 2
MILTON TURNER, COMM. PRECT. 4
~ i
BILLY B RD, COMM. PREC'P. i
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