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COMMISSIONERS' COURT ^ h 1
SPECIAL MEETING 4
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SEPTEMBER 24, 1984
yA special meeting of the Commissioners' Court of Brazos
County, Texas, was held in the Commissioners' Courtroom in the
f Courthouse in Bryan, Brazos County, Texas, beginning at 10 00
A M on Monday, September 24, 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
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The following citizens and
Gigi Shamsy
Carol Snedeker
Judy DiScipio
Jay Blinderman
f Nanci E Wiley
Mary Ann Ward
Cheryl Clark
t Melinda Murphy
Sandy Lange
Donna Croft
Haddon Johnston
Leslie Malone
Van Kinerd
Maria Sandberg
Sandra Whitmore
Terra Hooten
Mary Ann Marshall
t Don Ward
` Karen Heller
r Jann Snell
Stephen Ortley
} Ruth McLeod
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officials were in attendance
Texas A&M Journalism Dept
County Judge's Secretary
KTAM-KORA
Texas A&M Journalism Dept
Texas A&M Journalism Dept
County Clerk's Office
Texas A&M Journalism Dept
Texas A&M Journalism Dept
Treasurer's Office
WTAW-KTAW
Texas A&M Journalism Dept
Texas A&M Journalism Dept
County Auditor
Auditor's Office
KAGC
KBTX - Channel 3
County Engineer's Secretary
MPO Brazos County
Texas A&M Journalism Dept
The Eagle
Motorola
Admin Asst Commissioners Court
^ The first matter to come before the Court was the approval of
the Minutes of the Commissioners' Court Meetings held July 23. 1984.
',July 30, 1984, August 13, 1984 and August 27, 1984 On motion by
Commissioner Wilcox, seconded by Commissioner Beard, the Court voted
unanimously to approve the minutes as distributed, without change
` The Court next considered the request of Producers Gas Company ,
` for authorization to install a 41~ inch 0 D steel pipeline across
the right-of-way of Dowling Road in Precinct 1 On motion by Com-
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The Court next considered the following amendments to the
1984 Budget
Data Processing Department - correction of error
County Court-At-Law - reallocation of funds
Juvenile Probation - repair of copier
On motion by Commissioner Turner, seconded by Commissioner Wilcox,
the Court voted unanimously to approve the budget amendments A
copy is attached.
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missioner Cooley, seconded by Commissioner,Beard.the Court voted =
unanimously to approve the application and authorized the installs- ,
tion. A copy of the permit is attached
The Court proceeded to consider a Grievance Procedure requir-
ed under Revenue Sharing regulations After having the procedures
explained, Commissioner Beard moved to adopt the procedures The
motion was seconded by Commissioner Turner and carried unanimously.
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A full copy of the Grievance Procedures are attached hereto and
made a part of these minutes
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The Court next considered payment of the County's annual dues
to the National Association of Counties in the amount of $1,319.00.
Commissioner Beard moved to authorize the payment of the dues. The
motion was seconded by Commissioner Wilcox, with Commissioners
Beard, Wilcox and Turner voting "Aye" Commissioner Cooley voted
"No", whereupon the County Judge announced the motion carried.
The Court proceeded to consider a plan of selecting persons
for jury service with the aid of mechanical or electronic means.
On motion by Commissioner Beard, seconded by Commissioner Wilcox
the Court voted unanimously to adopt the plan submitted by the
Judge of the 85th. Judicial District and the Judge of the 272nd.
Judicial District. A full copy of the plan is attached hereto
and made a part of these minutes. ,
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The Court next considered the'following bids and the payment
thereof
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1. Replacement of a timber bridge located on Dilly Shaw
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Tap Road crossing Little Wickson Creek in Precinct 2
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(a) R. B Butler - 50.500-Alt 1 - 57,500-Alt 2
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' (b) Tonn Construction - 58,150-Alt 1 - 69.500-Alt 2
2. Replacement of bridge located on Dilly Shaw Tap Road
approximately 1/2 mile from intersection of FM 974 in
,
# • Precinct 2
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(a) R. B Butler - 47,000-Alt 1 - 50,500-Alt 1
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(b) Tonn Construction - 47,650-Alt 1 - 57.850-Alt 2
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Commissioner Wilcox moved to accept the bid of R. B. Butler for
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Alternate 2 for the construction of both bids. The motion was
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' seconded by Commissioner Beard and carried unanimously
3 Two-way radios for the Road and Bridge Department
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} (a) Motorola - $24,102 00
(b) Skyline _ $22,599 58
r (c) South Texas Communications $26,819 00 t
Commissioner Beard moved to delay award of the bid pending further
' i review of the bids The motion was seconded by Commissioner Wilcox
+ and carried unanimously to delay the award of the bids
The Court proceeded to consider Change of Status of the follow-
ing employees.
Hezekiah Jones Road & Bridge, Pct. 4
Tuck McLain f D. A 's Office _
Warren B Davis Tax Office
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Carolyn Coursey Court Administrator
Catherine Halladay Data Processing
Cecile Coonrod Data Processing
Norma Teetes Sesquicentennial
Jody M Bates Brazos Center
f Beverly K Hay Tax Department
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Margreath Wilsie Tax Department
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E Mary Kay Spikes Tax Department +
On motion by Commissioner Beard. seconded by Commissioner
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' Turner the Court voted unanimously to approve the Change of Status
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' as submitted
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The Court next considered the following Claims as submitted by
the County Treasurer for payment:
10 - General Fund--------------------------Claims 23392 thru 23844
Claims - thru
Claims thru
Claims - thru
Claims thru
Claims thru
30 - Capital Projects 6 Improvements:
Proposition I------------------Claims thru
Claims thru
Claims thru
Proposition II------------------Claims 23853 thru 23855
1 Claims thru
42 - Revenue Sharing-----------------------Claims 3858-thru 23864
Claims thru
Claims thru
Claims thru
47 - Law Library---------------------------Claims 23856 thru 23857
Claims thru
Claims thru
90 - Community Resources Officer-----------Claims 23923 thru 23925
i Claims thru
Claims thru
91 - Juvenile Commission Grant-------------Claims 23926 thru 23928
Claims thru
25 - Capital Improvement Debt Service------Claims thru
Claims thru
26 - Road 6 Bridge Debt Serivice------------ Claims thru ZJUJZ
Claims thru
31 - State Lateral Road--------------------Claims thru
93 - Sesquicentennial-----------------------Claims 3~thru 23936
61 - Payroll Fund---------------------------Claims M-822 thru
32 - R-O-W Equipment & Improvement---------Claims thru
Claims thru
33 - FM and Lateral Road-------------------Claims thru
Claims thru
43 - Oil and Gas Fund----------------------Claims thru
54 - Health Department----------------------Claims 23889 thru 23916
45 - Omnibus Crime Control Fund------------Claims thru
Claims thru
92 - Council on Arts Grant-----------------Claims thru
Claims tbru
22 - Road and Bridge No. II - Pct. 1-------Claims thru
Claims thru
Pct. 2-------Claims thru
I Claims thru
Pct. 3-------Claims thru
Claims thru
Pct. 4---i---Claims thru
20 - Road and Bridge - Shop----------------Claims M93$-thru 3966
Claims 23937 thru_24231
Claims 24232 thru
Claims thru
Pct. 1--------------Claims 23969 thru 24033
Claims 24233 thru 24234
Claims thru
Claims thru
Pct. 2--------------Claims -N235 thru
Claims 23845 thru 23851
Claims ~5 thru 1 099
Claims thru
Pct. 3--------------Claims '24100thru 24129
Claims 24131 thru 2413,1
Claims 2 23 thru
Claims thru
Pct. 4--------------Claims 24134 thru 24186
Claims 24187 thru 24195
Claims thru
1 Claims thru
On motion by Commissioner Beard seconded by Comm soner Turner --the
Court voted unanimously to app-rove the Claims as submitted.
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On motion by Commissioner Turner, seconded by Commissioner
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t Beard, the Court voted unanimously to adopt a Resolution for I I ,
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• ,t 3 Clean Up b Spruce Up Month For Brazos County I
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1 I- The Court considered a request from Merl Smith, Constable r
of Precinct 3 to appoint Eddie D Lohse as Reserve Deputy Con-
e stable for Precinct 3 On motion by Commissioner Wilcox, seconded I
by Commissioner Beard, the Court voted unanimously to approve
j the appointment
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l 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 day of 4..~/,(,p~ p
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199~ in Bryan, Brazos County, Texas,
I )Z L~' - Z 97,-,- 1,; e= ~
,OR J mgreen 91 Bill oo ey
Count Judge Comma over, Pr inct 1
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Walter Wilcox Bil-ly ear
Commissioner, Precinct 2 Commissi ner, Precinct 3
Ritorl urner Frank or s c e
Commissioner, Precinct 4 County Clerk
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To The Commissioners' Court of Brazos County, Texas
Brazos County Courthouse
Bryan, Texas 77801
Formal notice is hereby given that Pr du er'sG?
proposes to place a 41" 0 D x 0 125 w t see pipeline
of Dowling Road in Brazos County
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within the right-of-way
, Texas as follows:
x Road crossing only. ~y.
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_ Installation parlleling the roadway a distance of feet. •
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The location or description of the proposed installation is more fully
shown by five 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 m ,
be notified prior to the beginning of construction in order that
f the Commissioner might be on hand to designate -the actual locatio:
of the installation
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2 That all damage to the roadways and rights-of-way will be repairecr
to their original condition to the satisfaction of the Commissionc
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
4. That BRAZOS COUNTY is in no way responsible for any damage that m.
occur to any existing utility lines in the right-of-way--
I - t 5 That the line will be constructed and maintained on the county ri
of-way in accordance with governing laws
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6 That the line or lines will be constructed no less than forty-eig
inches (48") lower than the lowest part of the drainage or bar di
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
centerline of the right-of-way or cased for such distance -
8. That all sites will be barracaded during construction period
0
9, That the normal charge established by the Commissioners' Court is
$500 per crossing and/or $25 per rod when paralleling the roadway
} Construction of this line will begin on or after the 151h day of
September , 1984
APPROVED BY COMMISSIONERS' COURT Firm: Producer's Gas Company
' Date: Byt
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Title: Manager, District Operations
Fee Received Address: 515 W Greens Road, Suite 1200 1
Date Houston, TX 77067
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Amount: Phone: (713) 999-3131
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GRIEVANCE PROCEDURE
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Required under revenue sharing regulations (31 C F R 51 55 (d)(2))
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The Brazos County Commissioners Court has adopted an internal
grievance procedure providing for prompt and equitable resolution
,
of complaints alleging any action prohibited by the Office of Re-
venue Sharing's (ORS) regulations (31 C F R 51 55 (d)(2))implement-
4
ing Section 504 of the Rehabilitation Act of 1973, as amended (29 ,
U S C 794) Section 504 states, in part, that "no otherwise quali-
fied handicapped individual shall, solely by reason of his handi-
cap, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity
receiving federal financial assistance
Complaints should be addressed to R J Holmgreen
County Judge
Brazos County Courthouse
"
Bryan, Texas 77803
(409) 775-7400
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1 A complaint should be filed in writing or verbally, contain the
name and address of the person filing it, and briefly describe the
alleged violation of the regulations
2 A complaint should be filed within 10 days after the complain-
}
ant becomes aware of the alleged violation (Processing of allega-
tions of discrimination occurring before this grievance rocedure
was in place will be considered on a case-by-case basis
3 An investigation, as may be appropriate, shall follow a filing
of a complaint The investigation will be conducted by R J Holm- '
green or his designate These rules contemplate informal but thor-
'
ough investigations, affording all interested persons and their rep-
resentatives, if any, an opportunity to submit evidence relevant to
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a complaint Under 31 C F R 51 55 (d)(2), the County of Brazos
5
need not process complaints from applicants for employment or from
applicants for admission to post-secondary educational institutions
x"111
4 A written determination as to the validity of the complaint and
'
description of resolution, if any, shall be issued by R J Holm-
green and a copy forwarded to the complainant no later than 45 days
after its filing
5 The Secion 504 coordinator shall maintain the files and records
of the County of Brazos relating to the complaints filed
,
6 The complainant can request a reconsideration of the case in in-
stances where he or she is dissatisfied with the resolution The
4
request for reconsideration should be made within 10 days to the
Brazos County Commissioners Court
7 The right of a person to a prompt and equitable resolution of
the complaint filed hereunder shall not be impaired by the person's
pursuit of other remedies such as the filing of a Section 504 com-
plaint with the Office of Revenue Sharing, U S Department of the
Treasury Utilization of this grievance procedure is not a pre-
,
requisite to the pursuit of other remedies
?
8 These rules shall be construed to protect the substantive rights
of interested persons, to meet appropriate due process standards
°
and to assure that the County of Brazos complies with Section 504
and the ORS regulations
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BRAZOS COUNTY. TEXAS
BUDGET AMENDMENT FOR THE 1984 BUDGET YEAR
I
On this the 24th day of September 19 84. at a Special
session of Commmmiissioners Court the o owing members were presen :
R. J. HOLMGREEN County Judge
Commissioner. Precinct I
WALTER WILCOX Commissioner. Precinct 2
BILLY-E. BEARD Commissioner, Precinct 3
MILTON TURNER Commissioner. Precinct 4
FRANK BORISKIE ' County Clerk
The following proceedings were held:
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THAT WHEREAS, on SpUrpmbpr g4- , 19 . the Court heard and
approved a budget-amendment or the 1984 Budget year for Brazos
County. Texas
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WHEREAS, an emergency expenditure is necessary. due to grave public
necessity to meet unusual and unforseen condition4 which could not
be reasonably included in the original budget adopted 83
the following amendment (s) to the original are hereby aut or t
Account No Dep
artment
Reason Amount
Increase (Decrease)
10-27-6210
Data rocess ng
To correct error
O
ff_i rn/E u
on previous Budget Amend
$12.000
Of
ata recessing
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($12
000)
Computer Equip
.
No
increase to budget
N,aint Equip
Go t At Law
Realocation funds
( 100)
10-15- j1d
Other/Nisc
Co Ct At Law
Realocation funds
( 260)
11
I0-15-6
Off. Furn/Equip
Co Ct At Law
Realocation funds
360
,t************ No
increase to budget
10-32-5412
Rep./Main/0£f. Ea
Juveni a Pro
un.
Repair of Copier
300
Increase to budget
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THE Tf, ISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BY: County Judge
Original - County Cle 's Office to be attached to original budget
Copy - County Auditor's Office
Copy - County Treasurer's Office
Copy - Commissioners' Court Minutes
Copy - Budge Amendment File
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. T. McDonald, Jr., Judge Jo Delane
1j85th Judicial District Court 272nd Judic
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~ LLECTRONtC JURY SELECTION
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Pursuant to the provisions of Article 2100x, Vernon's Civil
',Statutes, we, the undersigned, being the District Judges of
'Brazos County, Texas, at a special meeting held on
September 18, 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.
Ir Signed this Iltday of September, 1984.
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WHEREAS, the present method of selecting jurors from the
f)1{ s program which was prepared for such purposes by Western Data
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Services, inc., of Waxahachie, Texas in Brazos County, Texas is
1I)t r~ expensive, and jurors can be selected fairly, more efficiently,
and less expensively by mechanical and electronic means, of the
Brazos 'County owned computer system. !
L It is therefore recommended to the Commissioners Court of
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Brazos County, Texas, by the Judges of the District Courts of
i 'Brazos county, Texas, by the authority of Article 2100x,
?Vernon's Texas Civil Statutes, that the following plan for the
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fl,f ~fselection of persons for jury service be adopted:
Fj 1. Source of Names
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The source from which names shall be taken shall be the
u 4 f current voter registration lists of all precincts in Brazos
County, Texas, as certified by the Tax Assessor-Collector of
• \ Brazos County, Texas, and entered on the juror selection computer
program which has been prepared for such purpose by the Data
Processing Department of Brazos County, Texas ~
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2. Official in Charge
` The Clerk of the District Courts of Brazos County, Texas,
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herein called the "Clerk", is designated as the official to be in
j ~ charge of the selection process, and shall have the duties and
authority as set forth herein.
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" 3. Access _to _Voter Registration List
' The Tax Assessor-Collector of Brazos County, Texas, as part
of his present, regular duties, shall update the voter registration
list to be used in this plan, to assure as current a list as
f possible. Other than at such times as a random list of prospective
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t Assessor-Collector, or his designate, shall be the only person
with access to the voter registration list, and such access shall
be for updating purposes only The Tax Assessor-Collector gains
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ass to the voter registration list only by entry into the
puter of the particular security code issue4 to the Tc.,
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Assessor-Collector for this purpose. Such security code is in •
the sole possession of the Tax Assessor-collector of Brazos
County, Texas.
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4. Program for Random Selection
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In preparing the computer program for jury selection, the j.
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Data Processing Department of Brazos County, Texas has devised a I
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:isystem which will insure the fair, impartial and objective ;
selection of prospective jurors by use of a random number generating
process
All eligible (non-jury exempt) voter certificate numbers are '
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read into a table. This table is then shuffled using the random +
j~ number generator to select numbers to re-order. When the table
has been properly shuffled, the list is then placed on magnetic ;
tape for storage and numbers are taken from the tape until the r
panel is filled.
The random number generator used an %CM algorithm to generate- +
its psuedo-random sequence. The LCM generates the sequence by
the relations
~ Xn+1 m (aXn + c) mod d (KNUTH 69) ,
whores +
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Xn+1 is the new random number,
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Xn is the last random numbero
i a is a large multiplier,
c is a large addor, and
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d is a large number that determines the range of the + ti
+ X's and the number of random numbers that can be
generated from the sequence. t
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There is a criteria for selecting a, at and d. Proper I
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selection yields a "good.. generator where a poor selection yields'
` a "biased" generator, The criteria (Knuth, 69) for selecting a, ,
c, and d area ;
4 y + 4
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then b is a multiple of every prime factor of d,
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~z b is a multiple of 4 if d is also,
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c is relatively prime to d, and
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A d is large but can still be represented in one word.
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The actual values chosen werei
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I c - 3,141,592,654
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' d - 2,147,483,647
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These came from
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- 715,827,882
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- 715,827,883
,These values were recommended in (Knuth 69) for a 32-bit computer
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such as the Univac System 80. This sequence will generate a run
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from 0 to 2,147,483,646 (d-1) in random order. No value will
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repeat itself until every value has been generated. Therefore
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there are 2,147,483,647 (d) random numbers for each starting
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point or seed. The sequence of numbers is different for every
,
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starting seed.
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s, Presiding Judge
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The District Judge who shall act as the Presiding Judge for
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Jury Selection shall be rotated annually, with the Judge of 85th
District Court acting as the Presiding Judge on odd-numbered
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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,
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Vernon's Texas Civil Statutes, except as modified by this Order A
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under authority of 2100a, Vernon's Texas Civil Statutes. The Pre-
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siding Judge may from time to time delegate his authority tem-
porarily to the other District Judge
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Processing the Prospective Juror List
From time to time, as needed during the
year, the Presiding
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Sheriff of Brazos County (or his designate), shall assemble for
the purpose of activating the computer juror selection program,
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and thereby produce a List of Prospective Jurors. A unique
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security code shall be issued to each of the above named officers
and protected by him/her to insure the integrity of the juror
selection process. The program cannot be activated on the computer
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II set forth.
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~i The process for activating the juror selection program is
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11described as follows. The Operator of the computer types in a
predetermined "callup" number which identifies with the Juror
r, Selection System for Brazos County, Texas. This will cause
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IScreen #1 to appear on the computer terminal. Screen #1 is for
the purpose of entering the security codes of the three officers
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mentioned above. These codes will not be shown on the picture
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tube. In the event that a wrong code has been entered, the
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computer will notify the operator and allow entry of the correct
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code. After the correct entry of all three codes, the system
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Screen #2. This Screen requires the Operator to enter how many
jurors are needed for each panel to be pulled and the summons
date and time of day to appear. The operator may enter information
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for up to five panels on each of the three courts. This informa-
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' tion is then sent to the computer. The operator then calls data
processing and asks for panels to be pulled. Juror lists and
summons are then printed and may be picked up at the Data Pro-
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i cessing Department.
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7. Selection of Jurors for Particular Weeks
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Once the Prospective Juror List has been printed by the `
above described process, the Data Processing Department of Brazos
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County, Texas, will address a juror summons to each person on the
Prospective Juror List. At the direction of the Presiding Judge,
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the Jury Coordinator will mail out by First Class Mail such number
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of the data mailers as is necessary to assure a sufficient number
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of jurors to meet the demands of the various courts using this
service, At least ten (10) days
prior to the date such persona
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' I are to begin such jury service, a true and complete written list
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` showing the names and addresses of the persons summoned to begin
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jury service on a particular date shall be filed of record with
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the County Clerk.
` S. Postponed Jurors
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The names of persons previously called for jury service
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whose service has been postponed to a later date, shall be entered
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' as rescheduled jurors for date certain by the Presiding Judge (or
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:date, and will be printed out on list which will be filed with
the County Clerk not later than ten (10) days before such date. j
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9. Summoning Jurors
The District Courts shall summon by First Class mail for the
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dates designated all persons so listed to be called for jury
service on such dates.
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10. Additional Jurors
When the Presiding judge determines that the number of
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jurors previously selected for any designated date is insufficient,
he shall direct the Jury Coordinator to prepare a supplemental
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list containing a specified number of persons to be called for
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jury service in addition to those previously selected. Such
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same manner as those previously selected.
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11. supervision by Presiding Judge
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T The Presiding Judge or any other Judge of a court of record
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who is presiding over a jury trial during the week shall have
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supervision and control over the general panel of persons called
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for jury service. He shall cause all persons selected, summoned
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and appearing for jury service as above provided to be sworn and '
interrogated concerning their qualifications as provided by law,
shall pass on their qualifications, exemptions, and excuses, shall
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
asked during voir dire examination concerning their qualifications
to serve as jurors in any particular case
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17 Jurors Used Interchangeably
The jurors so selected, qualififed, 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,
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shall divide into panels and assign- such jurors to the different
courts as requested by the Judges of said Courts.
13. List of Persons
This plan will use the same list for the selection of persons '
for 3ury service until the list is exhausted.
a 14 Amendments
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This plan may be amended at any time by the Commissioners
j Court of Brazos County, Texas upon recommendation of the District
Judges of Brazos County, Texas.
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15 Effective Date
This plan upon adoption shall become effective immediately
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upon the approval an
adopt on of the Brazos County Comm an ones
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4 Court The approval
and adoption of this
plan supercededs and
repeals any and all plans of electronic jury selection heretofore
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approved and adopted
by the Commissioners
Court of Brazos County,
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Texas
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' x ,This plan was considered by the Commissioners Court of Brazos
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!County, Texas, on the day of 1984, and
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i'is hereby approved.
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\t A y ! J. LMG EN, COUNT D
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'WALTER WILCOX, COMM. P CT• 2 BILLY;
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