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AGENDA FOR PUBLIC HEARING TO
BE HELD BY COMMISSIONERS COURT ON MONDAY, SF,PTEMBER
ft 28, 1987 AT 1:30 P.M. IN THE
COMMISSIONERS COURTROOM OF THE"B$AZOS COUNTY COURT-
HOUSE, 300 EAST 26th STREET
BRYAN TEXAS.
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1. Consider petition for the creation of a
Rural Fire Prevention District to
be created and operated
under the terms
of Article III, Section 48-d of
the Constitution of the
State of Texas.
2. Consider adoption of Order for Election
for a Rural Fire Prevention District.
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3. Any other such business
that might come
before the meeting in conjunction
with the Petition.
,
4. Adjourn.
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COMMISSIONERS' COURT
PUBLIC HEARING
SEPTEMBER 28, 1987 .
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The Commissioners' Court of Brazos County, Texas, held a
Public Hearing on Monday September 28, 1987 at 1130 p.m. in the
Commissioners' Courtroom in the Courthouse in Bryan, Brazos
County, Texas with the following members of the Court presents
R. J. Holmgreen, County Judge, Presidingt
Bill J. Cooley, Commissioner of Precinct 11
Walter Wilcox, Commissioner of Precinct 21
Billy E. Beard, Commissioner of Precinct 3 Absents
Milton Turner, Commissioner of Precinct 41
Frank Boriskie, County Clerk.
The County Judge opened the meeting and announced the
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purpose of the Hearing was to consider a petition for the
organization of a Rural Fire Prevention District in Brazos
County to be named "Brazos County Rural Fire Prevention District
No. 2".
The County Judge announced that the names on the petition
had been verified by the Voter Registrar as being listed in
voting precinct numbers 5 and 6 according to the latest
information recorded in the Voter Registration files. He
further stated that the petition had the required number of
signatures to be considered by the Court.
Commissioner Cooley moved that the Petition be approved as
submitted. The motion was seconded by Commissioner Turner and
carried unanimously.
The County Judge next asked if a letter had been obtained
from the City of Bryan consenting to the inclusion of their
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Extra Territorial Jurisdiction in the District. Being advised
that a letter had not been received, the Judge excused himself
from the meeting to contact the City to determine their position
on the matter. He advised the Court that the City had not
submitted their written consent but would do so.
Don J. Ballard, Mayor of Wixon Valley stated he was
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Public Hearing September 28, 1987 , . .
unaware that written consent was necessary and would submit one
after talking to the Aldermen of the City.
The County Judge asked for other comments from the
audience on the Petition. Receiving none, he announced the
Public Hearing closed.
The next matter to be considered was adoption of an Order
of Election for the creation of the Rural Fire Prevention
District. On motion by Commissioner Cooley, seconded by
Commissioner Wilcox, the Court voted unanimously to adopt an
Order calling an election to be held in voting precinct numbers
5 and 6 for the creation of a Rural Fire Prevention District to
be named Brazos County Rural Fire Prevention District No. 2 and
to authorize a tax on the ad valorem property in the district
not to exceed three cents ($.03) on one hundred dollars
($100.00) valuation levied in support of the District. Such
motion was made and approved subject to the receipt of the
letters of consent from the cities of Bryan and Wixon Valley. A
full copy of the Order is attached to and made a part of these
minutes.
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The foregoing minutes have been examined and approved in
open Court this the ;2X cW, day of Q,Up f~f J
19 in Bryan, Brazos County, Texas.
o mgreen i oo ey
ICo ty Judge Comm sioner, Precinct 1
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County Clerk
a ter i co 12-Fry-E.- ear
Commissioner, Precinct 2 Commis s er, Precinct 3
Milton Turner
Commissioner, Precinct 4
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" Gerald "Buddy" Winn
'Assessor and Collector of Taxes
Brazos County ,•J
300 E. 25th •
Bryan, Texas 77803
!.~1 S~p -4 ~1~11ti~ 41
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August 27, 1987 ;I
Frank Boriskio
County Clerk {
Brazos County
RE: Petition signatures for fire district in voting pct. 5 b 6 of Brazos County
I have checked and verified that the names and voter certificates listed on
the attached petitions are listed in voting precinct S and 6 according to the
latest information recorded in the Voter Registration files.
I certify that the above is true and correct to the best y knowle , this
27th day of August, 1987 Jr
~ t.
Sign
Seal V CISTRAR of BRAZOS COUNTY t;
I, Frank Boriskio County Clerk of Brazos County, relying upon the records of
the registrar of Voters, do hereby certify that this petition has the required
signatures, same being attached for record.
Given under my hand this 27th day of August, 1987.
Signed ,
Seal COUNTY CLERK of BRAZOS COUNTY
VOL -r --PAG E - 91.7 1]
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THE STATE OF TEXAS §
COUNTY OF BRAZOS §
LED-
SAVA IE
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PETITION FOR RURAL FIRE PREVENTION DISTRICT
TO THE HONORABLE JUDGE OF THE COUNTY COURT OF BRAZOS COUNTY,
TEXAS d
NOW COME the undersigned qualified voters and owners of
taxable real property within the incorporated city of Wixon
Valley and an additional unincorporated area of Brazos County,
Texas and respectfully present unto this Court their petition for
the organization of a Rural Fire Prevention District in Brazos
County, Texas and for the assessment of a tax as provided for
herein to be utilized in the district so taxed and ask this Court
to receive and act upon same and as reason therefor would show
unto this Honorable Court as follows:
1.
That your Petitioner would show that such Rural Fire
Prevention District, in the State of Texas, under the provisions
of Section 48-D, Article III of the State Constitution is to be
organized for the protection of life and property from fire and
for the conservation of natural resources as so provided for in
said Act.
II.
The Brazos County Rural Fire Prevention District is located
wholly within Brazos County, Texas. That this petition is signed
either by a majority of the qualified voters who are owners of
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taxable real property within the proposed district or
not less
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than one hundred (100) of the qualified voters who are
owners of
taxable real property within the proposed district
and said
district- being wholly encompassed by the incorporated city of
Kixon Valley and an additional unincorporated area
of Brazos
,
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County, Texas.
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V.
That your Petitioners would show that the name of the
proposed district shall be Brazos County Rural Fire Prevention
District No. 2.
That the said proposed Rural Fire Prevention District is to
be created and operated under the provisions of Article III,
Section 48-0 of the Constitution of the State of Texas, as set
out below:
The Legislature shall have the power to
provide for the establishment and creation of
rural fire prevention districts and to
authorize a tax on the ad valorem property
situated in said district not to exceed Three
(3) Cents on the One Hundred ($100.00)
Dollars valuation levied in support of said
districts until approved by vote by the
people residing therein.
IV.
The tax provided for in Article III herein is to be utilized
exclusively in the district in which the property so taxed is
situated.
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VI.
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That the boundaries of the Brazos County Rural Fire
Prevention District No. 2 of Brazos County, Texas, and are as
follows:
SECTION 1: BEGINNING at the point where the centerline
of FM 2223 intersects the Brazos County-Robertson
County line;
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THENCE northeast along the Brazos County-Robertson
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County line (which is also the centerline of the Old
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San Antonio Road) to its intersection with the center-
line of the gravel road known as the Wheelock Hall
Road;
THENCE Southeast along the centerline of said county
road to its intersection with the centerline of FM 974;
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THENCE south along the centerline of FM 974 to its
intersection with the centerline of FM 2038;
THENCE southeast along the centerline of FM 2038 to its
north intersection with the centerline of the Dilly
Shaw Tap Road;
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THENCE northeast along the centerline of the Dilly Shaw
Tap Road to its intersection with the Fickey School
county road at the old Fickey School site;
THENCE southeast along the centerline of the Fickey
Schools Road to its intersection with the centerline of
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State Highway 21;
THENCE southwest along the centerline of State Highway
21 East to the intersection with the Bryan City limits
line;
THENCE westerly along the Bryan City limits line to its
intersection with the centerline of FM 974;
THENCE northeast along the centerline of FM 974 to its
intersection with the centerline of 2223;
THENCE northerly along the centerline of FM 2223 to the
POINT OF BEGINNING, including as much of the Fellowship
Hall tract on Tavor Road as is necessary to include the
most Easterly building on such tract as the polling
place.
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SECTION 2. BEGINNING at the point of intersection of
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the centerline of the Navasota River and the centerline
of State Highway 21 East;
THENCE southwest along the centerline of State Highway
21 to its intersection with the centerline of Fickey
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School Road;
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THENCE northwest along the centerline of the Fickey
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School Road to its intersection with the centerline of
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Dilly Shaw Tap Road;
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THENCE southwest along the centerline of the Dilly Shaw
Tap Road to its intersection with the centerline of FM
2038;
b,
THENCE northwest along the centerline of FM 2038 to its
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intersection with the centerline of FM 974;
THENCE north along the centerline of FM 974 to its
intersection with the centerline of Wheelock Hall Road;
THENCE northwest along the centerline of said Wheelock
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Hall Road to its intersection with the Brazos County-
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Robertson County line (centerline of the Old San
Antonio Road);
THENCE northeast along the Brazos County-Robertson
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County line (centerline of the Old San Antonio Road) to
its intersection of the Navasota River;
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THENCE southward along the meanders of the centerline
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of the Navasota River of the POINT OF BEGINNING.
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That your Petitioner would further show that none of the
land that is encompassed within the Brazos County Rural Fire
Prevention District No. 2 is included within any other Rural Fire
Prevention District.
VIII.
ail
That the names, mailing addresses and voters registration
numbers of each Petitioner are attached to this Petition and made
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herein
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a part hereof as though copied verbatim and in
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IX.
That your Petitioners would show that the following signed
agreement by five of the Petitioners herein indicates that they
have obligated themselves to pay the costs incident to the
formation of the proposed district not to exceed One Hundred
Fifty Dollars ($150.00), which shall include, among other
necessary and incidental expenses, the cost of publication of
notice and election costs.
We the undersigned Petitioners for and in
consideration of the benefits to be derived
from the establishment of a rural fire
prevention district do hereby obligate
ourselves to pay and agree to pay to the
order of Brazos County, Texas the costs
incident to the formation of the Brazos
County Rural Fire Prevention District No. 2
not to exceed $150.00, which shall include,
among any other necessary and incidental
expenses, the cost of publication of notices
and election costs.
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ORDER' f
ON THIS THE 28th day of September 1987, came on to be heard by
the Commissioner's Court of Brazos County, Texas, after the filing
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of a Petition for the creation of a Rural Fire Prevention District, rfiled herein on the 4th day of September, 1987, praying that this
court order an election to be held within certain voting precinctm
of the county for the purpose of enabling the voters thereof, to
determine whether they desire to have a Rural Fire Prevention
District established therein, and such petition being heard, and it
appearing to the court that such petition is in due form and all the
necessary prerequisites for the establishment of such district have
been satisfied, and that such petition should be granted, IT IS
ACCORDINGLY ORDERED that on November 3, 1987, such date being not
less than thirty (30) nor more than sixty (60) days from the date
hereof, an election be held in conjunction with the Constitutional
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Amendment Election throughout voting precincts five (5) and six (6)
• of Brazos County for the purpose of enabling the voters of such
precincts to determine whether they desire to have these precincts
organized into a Rural Fire Prevention District to be designated the
Rural Fire Prevention District No. 2 and for the authorization of a
levy of a tax on the taxpayers of such precincts not to exceed three
cents ($.03) on one hundred dollar ($100.00) valuation of real
property lying within such proposed Rural Fire Prevention District.
IT IS FURTHER ORDERED that the County Clerk of Brazos County
act as the Absentee Voting Clerk for this election and that absontee
voting by personal appearance be conducted each weekday beginning on
October 14, 1987 and continuing through October 30, 1987 at the
County Clerk's Office, Brazos County Courthouse, Bryan, Texas.
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IT IS FURTHER ORDERED, that such election be held and
I. conducted and the returns thereof made in accordance with state laws
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regulating elections insofar as the same are aapplicable and that a
public notice of such special election be published by posting a
copy of the notice at the County Courthouse Door at twenty (20) days
prior to the date of the election and additionally 'that such notice
be published in a newspaper of general circulation in the proposed
Rural Fire Prevention District once a week for two (2) consecutive
weeks, with the first publication thereof being made at least twenty
(20) days prior to the date of the election.
ISSUED THIS 28TH DAY OF SEPTEMBER, 1987.
ATTEST:
-2-
BRAZOS COUNTY, TEXAS
By: it 4, J
Judg R. J. Holm reen`