HomeMy WebLinkAbout1987-09-02-1000AM-Speciali
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BRAZOS COUNTY JI - 1
BRYAN. TRXA9 1
AGENDA FOR COMMISSIONERS' COURT MEETING - MONDAY, Atl6VH-46-1987, 10:00 A.M.
1. Request by Mr. Clyde W. Day to address Commissioners' Court.
2. Approval of Lease on Warehouse Building for J.P. Office in Precinct 3.
3. Consideration of Budget Amendments.
4. Consideration of Change In Status of Employees.
5. Payment of Claims.
6. Other Business - Discussion Only - No Action To Be Taken.
7. Adjourn
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COMMISSIONERS' COURT
SPECIAL MEETING
SEPTEMBER Z, 1987
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A special meeting of the Commissioners' Court of Brazos
County, Texas, was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 10100
A.M. on Wednesday, September 2, 1981, with the following members
of the Court present:
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R. J. Holmgreen,
County Judge, Presiding;
Bill J. Cooley,
Commissioner of Precinct 1;
Walter Wilcox, C
ommissioner of Precinct 2;
Billy E. Beard,
Commissioner of Precinct 3;
Milton Turner, C
ommissioner of Precinct 4;
Frank Boriskie,
County Clerk.
The following ci
tizens and officials were in attendancet
Ruth McLeod
Administrative Assistant
Carol Snedeker
County Judge's Admin. Aset.
Bea Green
Secretary to Commissioners
Sharon Fairchild
Auditor
Rebecca Shults
Purchasing
A. H. Winder
County Engineer
Sandie Walker
Treasurer
Travis Nelson
District Clerk
Louis Garcia
Constable Pct. 4
Ray Truelove
Justice of the Peace Pct. S
Jeridan Strong
Civil Defense
Dan Beto
Adult Probation
Mickey Neel
Adult Probation
Steve Vinson
The Eagle
Chuck Clements
WTAW
Denise Fulfer
KBTX-TV
Kathy Young
KBTX-TV
Clyde Day
Millican Resident
Della Allen
Millican Resident
Dale Allen
Millican Resident
Dora Langford
Millican Resident
Reba Sawyer
Millican Resident
Blanche Prescott
Millican Resident
Mrs. Clyde Day
Millican Resident
Clyde W. Day
Millican Resident
Lynn Musgrove
Millican Resident
John W. Prescott
Millican Resident
Phill R. Edwards
Millican Resident
C. Jane Edwards
Millican Resident
Ray Dunte
Visitor
Edsel Jones
Koppe Corporation
Henry L. Allen
Citizen
Bill Maniord
Bryan Resident
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Commissioners Court meeting September 2, 1987
Mr. Raymond Day, spokesman for concerned citizens of the
Millican Community, addressed the Court on the fees and rules of
operation at the new County Landfill located in Millican. Mr.
Day presented the Court with a petition signed by sixty-eight
(68) residents of the area and then outlined the following
points:
1. The levy of fees for dumping would increase roadside
dumping.
2. Cause more litter in the area.
3. More people would be burning their rubbish thus
running the risk of more fires.
4. More fires mean more taxes to help pay for the rural
firefighters.
5. Fees would cause a hardship on many senior citizens
living in the area.
6. The shorter operating hours would also cause more
roadside dumping.
7. All waste from outside of county dumping be stopped.
8. No toxic waste be allowed at the landfill.
9. Charging Millican residents fees for dumping house-
hold rubbish when all other Brazos County residents
are provided dumpsters at no charge.
10. Voiced serious concern over the possibility of land-
fill being turned over to private concern for oper-
ation.
After enumerating the above listed concerns, Mr. Day asked the
Court to vote to remove the charge for household rubbish. The
County Judge advised Mr. Day that since voting on the removal of
the charges was not an agenda item, it could not be done today
but, he went on to say, he felt fees should not be charged for
household rubbish and that an overall study of the landfill
operation should be done. The County Judge assured Mr. Day he
would vote to remove the fees for household rubbish when the
matter comes before the Court. Commissioner Cooley advised the
Court that a fee was charged on August 31, 1987. He stated it
was not a county employee who collected the fee. County
employees will issue receipts for all money received starting
September 1, 1987. Regarding shorter operating hours for the
new landfill, Commissioner Cooley stated that the matter has to
be addressed by the Court due to the personnel cost. The County
Judge asked if anyone else wished to speak on the subject. Mr.
Edsel Jones, owner and operator of a mobil home park in
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Commissioners' Court meeting September 2, 1987
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Precinct 1 stated that he contracts with a private collector for
trash pick-up. He asked for clarification of what is commercial)
waste as compared to household waste. He stated that the fees
have increased his cost by about $200 a month. Commissioner
Cooley stated that he did not see any difference between
household rubbish hauled in by truck or by the bag full. The
County Judge thanked everyone for their comments and assured
them that the Court would take their concerns under serious
consideration.
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The next matter to be considered by the Court was a lease
between Brazos County and Tilson Homes, Inc. for an area 75 feet
by 250 feet. Such space to be used for storage of certain
county vehicles and operation of the office of Justice of the
Peace Precinct 3. Said lease to be for a period of twenty four
(24) months, to be paid monthly in the amount of $300.00. The
lease further requires that all utilities be paid by Brazos
County. On motion by the County Judge, seconded by Commissioner
Wilcox, the Court voted unanimously to approve the lease
agreement.
The Court next considered Budget Amendment #16, which
would reallocate funds budgeted for the Sheriff's Department and
the Justice of the Peace Precinct 4 Place 2 office, and transfer
money from the Tax Assessor/Collector's office to Non-Depart-
mental. On motion by Commissioner Cooley, seconded by
Commissioner Wilcox, the Court voted unanimously to approve the
budget amendment as submitted, a copy of which is attached
hereto.
The Court proceeded to consider the change of status of
the following employeest
Lanehart, Ginger County Clerk Resignation
Johnson, Mike Building Maints Resignation
Scarmardo, James Road b Bridge Resignation
Brown, Chris Juvenile Ser. Resignation
1 Laws, Jonathan Juvenile Ser. Resignation
Linder, Lana Juvenile Ser. Resignation
Whitfield, Calvin Juvenile Ser. Resignation
Graham, Gayle 272nd Dist. Ct. Resignation
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Commissioners' Court meeting September 29 1987
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Wells, Vicki Sheriff Dept. Resignation
Toomer, Susan County Clerk Resignation
McLean, Elaine Tax Office Resignation
Ramirez, Ann Juvenile Sere New Employee
Ramirez, Tommy Sr. Build Maint. New Employee
Jimenez, Anne Juvenile Sere New Employee
Mays, Kenneth Jr. Juvenile Sere New Employee
Adams, Gerry Health Dept. New Employee
Lyon, John Road 6 Bridge Step Increase
Patranella, Nick Road b Bridge Step Increase
Austin, Darrell Juvenile Sere Transfer Depts
Record, Marsha Juvenile Sere Transfer Depts
On motion by Commissioner Cooley, seconded by Commissioner
Beard, the Court voted unanimously to approve the changes as
submitted.
The County Judge recognized Me. Mickey Neel, Adult
Probation Officer and announced that she had been awarded the
Scotia Knouff Line Officer of the year award by the American
Probation and Parole Association at the annual banquet in Salt
Lake City, Utah. This is the most prestigious practitioner
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award and it is given to a Corrections Officer who has performed
duties in an outstanding manner. Me. Neel has been honored as
the recipient of the Judge Terry L. Jacks Award, presented to
the outstanding adult probation officer in Texas and the same
year was recognized as the Employee of the Year by her
departments The County Judge congratulated Me. Neel on her
achievements stating that the county was most fortunate to have
an employee of her callibere
The Court next considered the following Claims as submit-
ted by the County Treasurer for payment:
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10 General Fund-------------------Claims 87276 thru 87562
20 Road b Bridge------------------Claims 87649 thru 87770
30 Capital Projects 6 Improvements:
Proposition I-----------Claims 87563 thru 87565
40 Law Library--------------------Claims 87566 thru 87573
42 Revenue Sharing Claims 87574 thru 87575
47 911 Claims 87 16 thru
54 Health Department--------------Claims 87592 thru 8~ 7599
60 Payroll------------------------Claims 87600 thru 87613
70 Indigent Health Care-----------Claims 87614 thru 87636
90 Community Resources Officer----Claims 87637 thru 87641
91 Juvenile Commission Grant------ Claims 87642 thru 87643
92 Council on Arts Grant----------Claims 87644 thru 87646
94 Victim Assistance Program------Claims 87647 thru 87648
The County Judge informed the Court that all Revenue Sharing
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Commissioners' Court meeting September 2 1987 I 1 1
funds had been depleted and that budget line items would have to
be paid for from the General Fund. On motion by Commissioner
Cooley, seconded by the County Judge, the Court voted
unanimously to approve the Claims as submitted.
Under other business, the County Judge reminded the Court
of the joint meeting between the cities of Bryan, College
Station, Wixon Valley and Brazos County in the College Station
Council Room on Wednesday, September 9, 1987 at 6:00 p.m. to
discuss the 9-1-1 emergency services issue.
There being no further business to come before the Court,
the meeting was adjourned.
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The,foregoing minutes have been examined and approved in
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open Court this the A6z_ day of,V~It/.24j~
19•~~, in Bryan, Brazos County, Texas.
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County•Judge Commiss over, Precinct 1
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Wal't er?d cox y r +
Commissioner, Precinct 2 Commiss r, Precinct 3
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on Turner ' Fran Bor e
Commissioner, Precinct 4 County Clerk
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LEASE
THIS LEASEHOLD AGREEMENT made and entered into this nth day
of August , 1987, between TILSON CUSTOM HOMES, INC., of
Bryan, Texas, as Lessor, and BRAZOS COUNTY, TEXAS, acting by and
through the County Commissioners' Court of such County, as
Tenant.
1111TEEEfiETH:
That the Lessor hereby lets and rents unto the Tenant, and
the Tenant hereby hires and takes of the Lessor, Premises
situated in the City of B an, County of Brazos, State of Texas,
A 0approximately 7571 250 Yi / `lid,
known as a fenced area/3-0-feet by -SA feet lying to the north of
the model home park located at 6111 E. Hwy. 21, Bryan, Texas
77801 (hereinafter the "Premises").
TO HAVE AND TO HOLD the same together with the improvements
located thereon and the appurtenances thereunto belonging for a
term of twenty-four (24) months, commencing on the first day of
September , 1987.
Tenant agrees to pay to Lessor, monthly rental in the amount
of THREE HUNDRED AND N01100 DOLLARS ($300.00), payable in advance
by check mailed from Bryan, Texas, on the first business day of
5525 N.
every month from commencement ~f said term to Lessor at-&1-1-1--Br
$(Freewa , Houston, Texas 77076
Hwy v--2~1--Dryerm--Texas -99801: Tenant will not accept notice of
change in payee.
PROVIDED ALWAYS, that this Lease is made and accepted upon
the terms and conditions contained herein which the parties
hereto covenant and agree to keep and perform:
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-1. y, (a) Tenant will occupy and use said Premises for
storage of certain County vehicles and the maintenance and
operation of a County office of the Justice of the Peace Precinct
#3 and for all other operations necessary or incident to the
conduct of its business, and will not permit the Premises to be
used for any immoral or illegal purpose. Tenant will comply with
all applicable laws, ordinances, rules and regulations of any
duly constituted public authority relating to its business, but
if Tenant's business be prohibited by any such law or ordinance
hereafter enacted, or if, because of zoning and use laws or
regulations, Tenant can not continue to conduct its business at
the demised Premises, Tenant at its election may forthwith on
notice terminate this Lease without liability.
(b) Neither Tenant nor Lessor shall use or permit the use of
any part of the Premises for advertising purposes other than in
connection with Tenant's business. Any adjoining Premises owned
by or under the control of the Lessor shall not be rented or used
during the term of this Lease for any immoral or illegal purpose
or for any purpose obviously detrimental to the interest of
Tenant.
A. Lessor shall, after notice and at its expense, make all
roof, floor (other than surface material), pavement, structural
repairs and replacements including but not limited to those
required by public authorities and all repairs and replacements
to and painting of the exterior walls (outside doors and overhead
doors are considered as outside walls). Lessor shall replace all
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broken window and plate glass except damage resulting from
negligence of Tenant. Lessor shall maintain, repair and
generally be responsible for the "lift station" situated upon the
Premises, the Parties hereto agreeing and acknowledging that the
Lessee hereby assumes no responsibility or liability with regard
to such "lift station". If Lessor fails or neglects within a
reasonable time to make repairs or corrections which, under the
terms hereof Lessor is required to make after written notice to
Lessor by Tenant, or having started such repairs or corrections,
Lessor fails to complete them within a reasonable time, the
Tenant may cause such repairs or corrections to be made or
completed at Lessor's cost and expense and may deduct from
subsequent installments of rent an amount sufficient to reimburse
itself for costs and expenses incurred. Unless otherwise herein
provided, all normal repairs, painting and replacements to the
inside of buildings shall be made at the expense of Tenant which
shall surrender the same at the end of the Lease term or any
extension thereof in substantially as good condition as when
received, ordinary wear and tear, damage by fire or the elements
and unavoidable casualties excepted.
B. Tenant, at its expense, may, in good workmanlike manner,
make additions or alterations to he improvements on the Premises,
~,eonly after approval by Lessor, A
as it deems necessary in the con uct of its business without,
however, materially reducing the value of such improvements, and
shall not be required to restore the improvements to their
original condition. Improvements made by Tenant, which shall
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become fixtures to the Property shall become the property of
Lessor at the termination of this Lease.
2. SERVICE OMGE._ FEES. TAXES AND INSURANCE. Tenant
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shall pay for all water, gas and electric power consumed by it,
and all* taxes and assessments levied on or against its property
located on said Premises. Lessor shall pay for all fire and
extended coverage insurance on the Premises and all real estate
taxes and assessments levied and payable thereon during the term
hereof.
3. BUILDING EQUIPMENT AND UTILITY CONNECTIONS. Lessor, at
its own eicpense, shall provide and keep in good repair all
heating and air conditioning equipment capable of maintaining
such temperatures as are required by Tenant for comfortable
occupancy. Tenant shall pay for all fuel. All public utility
service connections into buildings on the Premises shall be
provided and maintained by Lessor. Lessor warrants that at the
beginning of the term hereof the plumbing, heating, air con-
ditioning and electrical systems are in good condition and
repair.
4. _DAMAGE TO Premises. If during the term of this Lease
the improvements on the Premises are destroyed or if they are
damaged to the extent that fifty percent (50%) or more of the
total floor space is rendered unfit for Tenant's occupancy this
Lease may be terminated by either party by ten (10) days written
notice. If less that fifty percent (50%) of the total floor
space is rendered unfit for Tenant's occupancy, and the Premises
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can be restored within ninety (90) days of the date of destruc-
tion, Lessor shall, subject to delays beyond its reasonable
control, proceed immediately to restore said Premises completing
all work necessary for Tenant's occupancy within said ninety
(90) day period. If the Premises are not so restored within said
ninety (90) day period, Tenant, at its option, may cancel this
Lease by written notice to Lessor without any further obligation
or liability. Should Tenant occupy any part of the Premises
during restoration, rent shall be paid in proportion to the floor
space occupied. If the Lease is cancelled as provided in the
paragraph, all insurance proceeds covering the demised Premises
shall be turned over to Lessor.
5. CONDEMNATION. If the Premises, or such part thereof as
would render the remainder unsuitable for Tenant's use, be
appropriated or condemned by public authority, be taken by
proceedings in eminent domain or notice thereof be served, or if
by reason of any law or ordinance the use of the Premises for the
purposes of this Lease shall be unlawful, Tenant may at its
option terminate this Lease upon thirty (30) days written notice
to Lessor, and rental shall be paid only to the time when Tenant
surrenders possession of the Premises. If only a part of the
Premises are so taken, Tenant may elect to continue in possession
of the remainder and in such case the rent payable hereunder
shall be reduced proportionally. Any rental paid in advance
shall be returned by Lessor to Tenant on demand. Lessor will.,on
written notice for the benefit of Tenant but at Tenant's expense,
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include in 'its claim against the taking authority such sum as
Tenant certifies to Lessor as damage resulting from Tenant's loss
of occupancy or relocation expense.
6. Indemnity. The Tenant does hereby covenant for itself,
its successors and assigns, that it will keep and save harmless,
the Lessor, its successors and assigns, from any and all
liability for anything arising from or out of the occupancy of
the Premises except the "lift station" by the Tenant, its
successors and assigns, or its licensees, invitees, guests, or
agents, and from any loss or damage arising from any fault or
negligence, by the Tenant, its successors, assigns, agents,
licensees, invitees and guests. The Lessor does hereby covenant
for itself, its successors and assigns, that it will keep and
save harmless, the Tenant, its successors and assigns from any
and all liability arising out of the failure of Lessor to comply
with any covenant, conditions or obligations herein described and
from any loss or damage arising from any fault or negligence by
the Lessor, its successors, assigns, agents, invitees, licensees
and guests.
7. ASSIGNMENT. Tenant may assign this Lease or sublet all
or any part of said Premises for any lawful purpose not more
e uses herein specified, subject to prior approval
hazardous F!~t~
*tPby Lessor. S. LV
ENCY OF THE LESSOR. In case of the insolvency,
bankruptcy, or receivership of Lessor, and as a result thereof
I Tenant is either required to remit rental to more than one payee
or is hindered in its use and enjoyment of the Premises, Tenant
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shall have the right to terminate this Lease at any time on ten
(10) days advance notice to Lessor or to the receiver or Trustee
of Lessor's business.
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4 9. DEFAULTS. If Tenant defaults in payment of rent, or
performance of conditions or covenants of this Lease, and such
I default continues for thirty (30) days after written notice,
Lessor shall have the right to re-enter said Premises and remove
Tenant and all other persons therefrom and shall have the option
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of cancelling this Lease. Tenant shall not, however, be held in
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default if its failure to pay rent on the date due or to other-
wise perform in accordance with the terms hereof results from
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strikes, riots, civil commotion, -fnberverrbact T
of God or any other act or event beyond its reasonable control,
but nothing herein shall relieve Tenant from thereafter paying
J all past due rent as soon as is reasonably possible under the
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' circumstances.
10. HOLD OVER. At the expiration of this Lease should
Tenant hold over for any reason whatever, it is hereby agreed
that in the absence of a written agreement to the contrary, such
tenancy shall be from month to month only under the same condi-
tions and at the same monthly rental as provided for herein.
11. In the event Lessor violates or fails to perform any
provision or agreement of the lease to be formed or complied with
by Lessor, and such violation or failure continues for fifteen
(15) days after written notice thereof to Lessor, Tenant may, in
addition to all remedies amiable to it, be entitled to perform on
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behalf of `Lessor and deduct all such payments from rent or
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terminate this lease.
12. NOTICES. All notices required or agreed to be given
hereunder by either party shall be in writing and sent by
registbred or certified mail to Lessor or its agent at the
address given above, or to Tenant at the demised Premises. Date
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of service of notice shall be the date such notice is deposited
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in a post office of the United States Post Office Department.
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13. WAIVER. No waiver of any covenant of this Lease or a
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breach of such covenant shall constitute a waiver of any other
covenant or the continued breach of said covenant.
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14. AUTHORITY AND PEACEABLE ENJOYMENT. Lessor represents
that it is the owner or authorized agent for the owner of the
Premises, has the right to lease the same, and at Tenant's
request will submit proof thereof. If Tenant performs all and
singular the covenants herein agreed to be performed by it,
Lessor, its heirs, executors, administrators, mortgagees,
successors or assigns, shall warrant and defend Tenant in the
enjoyment and peaceful possession of said Premises during the
Lease term.
15. RENEWAL. As part consideration for the execution of
this Lease, Tenant is hereby granted the right and option to
renew this Lease under the same terms and conditions contained
herein, for two periods of twelve (12) months each exercisable on
written notice mailed not less than sixty (60) days prior to the
date of expiration of this Lease or any renewal period.
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16. PARKING. Lessor represents, warrants and agrees that,
at all times during the term of this Lease, Tenant shall have the
exclusive non-revocable right to the use of areas in and around
the "Warehouse" on the leased Premises for parking of motor
vehicles for itself, its licensees, invitees and guests.
17. SUCCESSORS AND ASSIGNS. The terms, agreements and
covenants and conditions contained in this Lease are binding upon
and shall inure to the benefit of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the parties to these presents have
hereunder set their hands and seals the day and year first above
written.
"LESSOR"
ArVEST: TILSAHID.Assistant HOME , NC.
By:
GAIL BRYANT, Secr airy Vice President
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"LESSEE"
ATTEST: BRAZOS COUNTY, TEXAS
J)~~j P,~L,4z_ By: d46~wod4~ -
Jude A. J. Hol green
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THE STATE OF TEXAS §
COUNTY OF BRM9 HARRIS §
This instrument was acknowledged before me this the 27th day
of Austuat , 1987, by KEITH ALARID, Assistant Vice I
President of TILSON CUSTOM HOMES, INC. , a Texas
corporation, on behalf of said corporation, for the purposes and
considerations therein expressed.
otary Public, State of Texas
Printed Name: LINDA L. BUCKELEW
Commission Expires: X„23. 1988
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
This Instrument was acknowledg d before me this the 4sk.- day
of 1987, by Judge,
Comm s oners' Court, Brazos County exas. W 41
Notary Public, State of Texas
Printed Name:
Commission Expires:
87-3056P/PEM:dl
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1987 BUDGET YEAR
NO. 16
On this the 31st day of August 1987 at a special meeting of the
Commissioners' Court the following members were present:
R. J. Holmgreen, County Judge, Presiding
Bill J. Cooley, Commissioner, Precinct li
Walter Wilcox, Commissioner, Precinct 2t
Billy E. Beard, Commissioner, Precinct 31
Milton Turner, Commissioner, Precinct 41
Frank Boriskie, County Clerk.
The following proceedings were held:
THAT WHEREAS, on August 31, 1987, the Court heard and approved a
budget amendment for the 1987 budget year for Brazos County, Texas.
WHEREAS, an emergency expenditure is necessary due to grave public
necessity to meet unusual and unforeseen conditions which could not
be reasonably included in the original budget adopted October
27, 1986, the following amendment(s) to the original are hereby
authorized, as described on the attached 1 page(s).
ADOPTED AND APPROVED this the 31st day of August 1987
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By: R. J. Holmgreen County Judge
Originals County Clerk's Office and attached to the original budget
Copies: County Auditor
County Treasurer
Commissioners Court Minutes
Budget Amendment File
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Account No. Department
Reason Increase (Decrease)
10-14-5518 Non Depart
Transfer from
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Other Misc.
Tax Off 6,000
'
INCREASE TO
DEPARTMENT BUDGET $6,0
00************
Y
r
10-26-5210 Tax Asses/
Transfer to
Office Supp Collector
Non Depart
(2,000)
10-26-5418
Transfer to
Maint Cont
Non Depart
(2,000)
10-26-5511
Transfer to
Prnt &.Flm
Non Depart
(2,000)
DECREASE TO
DEPARTMENT BUDGET $6,
000***********
fj
10-31-6210 Sheriff's
Reallocation
Furn & Eq. Dept
of funds 3,000
10-31-6215
Reallocation
Comp. Software
of funds 500
10-31-5418
Reallocation
Maint. Cont
of funds
(3,000)
10-31-5112
Reallocation
N
Sheriff Deputies
of funds
( 500)
NO INCREASE
TO DEPARTMENT BUDGET
i
s~
10-36-6210 JP Pct 4
Reallocation
Furn & Eq. Place 2
of funds 77
10-36-5210
Reallocation
1
Off. Supp.
of funds
( 77)
S(
NO INCREASE
TO DEPARTMENT BUDGET
T
NO INCREASE TO GENERAL FUND BUDGET
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