HomeMy WebLinkAbout1988-01-04-1000AM-Special•
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:AGENDA FOR COMMISSIONERS' COURT MEETING - MONDAY. JANUARY 4 1988. 10.00 A.M.
1907 DC% 31 FJ 1: 1:0
BR.AZOS COUNTY
BRYAN. TEXAS
1. Consideration of lease renewal at 707 Center for the
offices ofithe Justice of the Peace Precinct 7 Place
1. and 2.-
2. Consideration of Budget Amendments.
3. Consideration of renewal of long distance contract with
C1ayDesta.
4. Consideration of Change of 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 j
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SPECIAL MEETING 1
JANUARY 4, 1988
A special meeting of the Commissioners' Court of Brazos
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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, Absent;
Milton Turner, Commissioner of Precinct 4;
Frank Boriskie, County Clerk.
The following citizens and officials were in attendances
Ruth McLeod
Carol Snedeker
Bea Green
Rosalie Todaro
Rebecca Shults
A. H. Winder
Sandie Walker
Cathy Bryan
Ronnie Crocker
Alice Brown
Sal Rios
Ramiro Quintero
L. G. Crum
Administrative Assistant
Admin. Asst. to County Judge
Secretary to Commissioners
Auditor's Office
Purchasing
County Engineer
Treasurer
Engineer's Office
Bryan/College Station Eagle
KBTX-TV
KBTX-TV
Brazos County Resident
Candidate County Comm. Pct. 3
The first matter for consideration by the Court was the
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at MOO
a.m. on Monday, January 4, 1988, with the following members of
the Court presents
renewal of the lease for office space at the 707 Center for the
offices of Justice of Peace Precinct 7, Places 1 and 2. On
motion by Commissioner Cooley, seconded by Commissioner Wilcox,
the Court voted unanimously to renew the lease and pay $3,900.00
in advance for the entire year. A copy of the Lease Agreement is
attached hereto.
The Court next considered Budget Amendment #28, which would
reallocate funds budgeted for the Auditor's Office, County
Clerk's Department, the Brazos Center, Office of the District
Attorney and the office of Constable Precinct 7 with no increase
to the General Fund Budget. On motion by Commissioner Turner,
seconded by Commissioner Cooley, the Court voted unanimously to
approve the budget amendment as submitted, a copy of which is
attached hereto.
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Commissioners' Court minutes January 4, 1988
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The Court next considered the renewal of the contract with
C1ayDesta for long distance telephone service. Unlike the
original contract, this renewal will be on a yearly basis. On
motion by Commissioner Wilcox, seconded by Commissioner Turner,
the Court voted unanimously to renew the contract with C1ayDesta
for long distance telephone service.
The Court proceeded to consider the change of status of the
following employees.
NAME DEPARTMENT REASON
Taylor, Lee J.P. Pct. 7 P1. 1 New Emp P/T
Treece, Catherine County Clerk Resignation
Jermstad, Todd District Atty. Resignation (amend)
On motion by Commissioner Cooley, seconded by Commissioner Turner,
the Court voted unanimously to approve the changes as submitted.
The Court next considered the following Claims as submitted
by the County Treasurer for payment:
10 General Fund------------Claims 96447 thru 96574
20 Road & Bridge-----------Claims 96652 thru 96777
30 Capital Projects & Improvements:
Proposition I-----Claims 96575 thru 96577
40 Law Library-------------Claims 96578 thru 96583
54 Health Department-------Claims 96593 thru
61 Health & Life Ins-------Claims 96594 thru 96598
70 Indigent Health Care----Claims 96599 thru 96647
90 Community Services Off--Claims 96648 thru
91 Juvenile Comm. Grant----Claims 96649 thru
94 Victim Assistance Prog--Claims 96650 thru
96 Family Violence---------Claims 96651 thru
On motion by Commissioner Turner, seconded by Commissioner Wilcox,
the Court voted unanimously to approve the Claims as submitted.
The Court next considered appointment of Fire Commissioners
for the recently created Rural Fire Prevention District #2. On
motion by Commissioner Wilcox, seconded by Commissioner Cooley, the
Court voted unanimously to appoint the following people Commis-
sioners on the District's inaugural board:
Vincent Marino James Rossier
Hawley West Raymond McCallum
Howard Johan
Commissioner Cooley asked if this would be an annual appointment,
whereupon the County Judge replied that appointments would be on a
rotational basis every two years.
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Commissioners' Court minutes January 4, 1988 T
Commissioner Cooley informed the Court he had met with Mr.
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Barrett Lyne, a representative of Environmental Prucess Management,
who showed him an alternative to landfills. Commissioner Wilcox +
commented that this type of waste re-cycling is being carried out 1
in other parts of the state. Commissioner Cooley asked the Court's
indulgence to allow Mr. Lyne to show a 15 minute video on his
product. After the video presentation, the County Judge commented
that the county would have to enter into a joint venture with the
two cities to fully utilize the process. He suggested that a joint
meeting be held with the cities of Bryan and College Station for a
viewing of the presentation. The County Judge thanked Mr. Lyne for
bringing this procedure to the Court's attention and commented
that he was most favorably impressed.
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
open Court this the /S day of ,
19~~, in Bryan, Brazos County, Texas.
R. J. o reen
County Judge
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'Palter Wilcox
Commissioner, Precinct 2
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Milton Tur er
Commissioner, Precinct 4
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B Cooley
Commissioner, Precinct 1
Frank Boris`ire
County Clerk
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STATE OF TEXAS
COUNTY OF BRAZOS
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LEASE AGREEMENT
This lease agreement is made and entered into this 11th day
of December , 19 67 , by and between TEXAS 707, a Partnership,
707 Texas Avenue South, College Station, Texas, hereinafter referred
to as Lessor, and Brazos County
hereinafter referred to as Losses.
In consideration of the mutual covenants and agreements herein
set forth, and other good and valuable considerations, Lessor does
hereby demise and lease to Lessee, and Lessee does hereby lease from
Lessor, Suite Number 306-0 containing 470 square feet,
located at 707 Texas Avenue South, College Station, Texas. '
ARTICLE 1. TERM
The term of this lease shall be 12 months, commencing
on January 1 , 1988 , and ending on 6-ecember 31 , 1988
unless sooner terminated as herein provided.
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ARTICLE 2. RENT
See Special Provisions 4.05.
Lessee will pay to Lessor, at the office of the Building, as rtt~
for the ryas remises, the sum of $ each , From the
commencement o rm of this lease and co g For the number of
months in the term payable, out n , in advance on the first day of
each month. Rent For any Fr nal at the beginning or end of the
lease term shall b ted. In the event say l is not made by the
fifth da month, there shall be a $25.00 late charg on-payment
late charge shall constitute an event of default.
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ARTICLE 3. USE OF PREMISES
Lessee will use the leased premises only for office
purposes, unless Lessor shall give Lessee prior written consent for a
different use. In connection with its use and activities in and about the
leased premises and the Building, Lessee, at its expense, will comply,
and will cause its employees, agents, and invitees to comply with all
applicable laws and ordinances, with all applicable rules and regulations
of governmental agencies, and Lessee will conduct itself and cause its
employees, agents, and invitees to conduct themselves, with hall regard
for the rights, convenience, and welfare of all other tenants in the Building.
VOL 11 PAGE
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Provided Lessee has performed all of the terms, covenants, agreements,
and conditions of this lease, including the payment of rent, to be performed
by Lessee, Lessee shall peaceably and quietly hold and enjoy the premises
for the term hereof, without hinderance from Lessor, subject to the terms
and conditions of this lease.
ARTICLE 4. MAINTENANCE AND SURRENDER
Janitorial Service
4.01 . So long as Lessee is not in default hereunder, Lessor
shall make available to the leased premises during reasonable and
usual business hours usual janitorial and maintenance service including
the sweeping and waxing of Floors, replacement of light globes or
fluorescent tubes in the standard lighting fixtures installed in the
Building by Lessor. Lessor shall also maintain and keep the public
and common areas of the Building, such as lobbies, stairs, corridors,
and restrooms in reasonably good order and condition, except For
damage occasioned by Lessee; or its employees, agents, or invitees.
This service shall be at Lessor's expense.
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Utilities .
4.02. So long as Lessee is not in default hereunder, Lessor
shall make available to the leased premises during reasonable and
usual business hours the following services at Lessor's sole expenso:
(a) Heat and air conditioning during the customary periods of
the year when and to the same extent Lessor furnishes heat and air
conditioning for other portions of the Building.
• (b) Electric current consisting of 110 volts service for lighting
and ordinary business appliances.
(c) Water, sewage and garbage pickup shall also be made available
by Lessor. The Lessor shall not in any way be liable or responsible to
Lessee For any loss, damage or expense which the Lessee may sustain
by reason of interruption of utility service for any reason not attributable
to the Lessor.
(d) The utility charges will be paid by Lessor.
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Maintenance
4.03. Lessee shall throughout the lease term maintain the
leased premises and keep them free From waste or nuisance, and shall
deliver up the premises in a clean and sanitary condition at the termination
of this lease in good repair and condition, reasonable wear and tear and
damage by fire, tornado, or other casualty exoepted. In the event Losses
should neglect to reasonably maintain the leased premises, Lessor shall
have the right, but not the obligation, to cause repairs or corrections to
be made, and any reasonable costs there for shall be payable by Lessee
to Lessor as additional rental on the next rental installment date.
Attorney's Fees
4.04. In the event Lessor or Lessee breaches any of the terms
of this agreement whereby the party not in default employs attorneys to
protect or enforce its rights hereunder and prevails, then the prevailing
party shall be paid by the other party reasonable attorney's fees so
incurred by such prevailing party.
Special Provisions
4.05. Lessee will make one (1) lump sum payment of
$3,900.00 to cover twelve (12) months rental.
Alterations, Additions, and Improvements
4.06. Lessee shall not make any alterations, additions, or
improvements to the leased premises without the prior written consent
of Lessor. Consent For nonstructural alterations, additions, or
improvements shall not be unreasonably withheld by Lessor. Lessee
shall have the right at all times to erect or install furniture and Fixtures
provided that Lessee complies with all applicable governmental laws,
ordinances, and regulations. Lessee shall have the right to remove at
the termination of this lease such items so installed, provided Lessee is
not in default; however, Lessee shall, prior to the termination of this
lease, repair any damage caused by such removal, and Lessee hereby
places $ ' with Lessor as a property deposit, refundable at
the termination of this lease. • No property deposit required.
4.07. Any sign to be used by Lessee shall conform in color and
design to other signs in the Complex and Lessor shall have final determination
over sign design and placement.
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Damage or Destruction
4.08. If the building or the leased premises should be totally
destroyed by Fire, tornado, or other casualty, or IF they should be so
damaged that rebuilding or repairs cannot reasonably be completed with
thirty (30) working days From the date of the occurrence of the damage,
this lease shall terminate and rent shall be abated for the unexpired
por,ion of this lease, efrective as of the date of said occurrence.
Inspection
4.09. Lessor or its officers, agents, and representatives shall
have the right to enter into and upon any and all parts of the premises at
a:l reasonable hours to (a) inspect same or clean or make repairs or
alterations or additions as Lessor may deem necessary (but without any
obligation to do so, except as expressly provided for herein), or (b)
show the premises to prospective tenants, purchasers, or lenders; and
Lessee shall not be entitled to any abatement or reduction of rent by
reason thereof, nor shall such be deemed to be an actual or constructive
eviction.
Parking
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4.10. Lessee, and its employees, agrees to abide by the parking
scheme provided by Lessor for the entire Complex. A continued violation
of this scheme shall be construed an event of default.
ARTICLE 5. INDEMNITY
Lessee agrees to indemnify and hold Lessor harmless against
any and all claims, demands, damages, costs and expenses, including
reasonable attorney's fees For the defense thereof, arising From the
conduct or management of Lessee's business or its use of the leased
premises or From any breach on the part of Lessee of any conditions of
this lease, or From any act of negligence of Lessee, its agents, contractors,
employees, subtenants, guests, or invitees in or about the leased premises.
In case of any action or proceeding brought against Lessor by reason of
any such claim, Lessee, upon notice From Lessor, covenants to de Fend
such action or proceeding by counsel acceptable to Lessor.
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ARTICLE 6. WAIVER OF SUBROGATION RIGHTS
Anything in this lease to the contrary notwithstanding, Lessor and
Lessee each hereby waives any and all rights of recovery, claim, action
or cause of action, against the other, its agents, officers, or employees,
For any loss or damage that may occur to the leased premises, or any
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improvements thereto, or said Building of which the leased premises
are a part, or any improvements thereto, or any personal property of
such party therein, by reason of fire, the elements, or any other cause
which could be insured against under the terms of standard fire and
extended coverage insurance policies, regardless of cause or origin,
including negligence of the other party hereto, its agents, officers or
employees, and covenants that no insurer shall hold any right of
subrogation against such other party.
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ARTICLE 7. ASSIGNMENT AND SUBLEASE
7.01 . Lessee shall have the right, but only with the prior
written consent of Lessor, to assign this lease, and any interest therein,
and to sublet the leased premises, or any part thereof, or any right or
privilege pertinent thereto, provided each assignee assumes in writing
all of Lessee's obligations under this lease, and Lessee shall remain
liable for each and every obligation under this lease. At Lessor's
option, the sub-Cenant will be made primarily liable on a new lease of the
premises at current rental rates. In the event of such election by
Lessor, the original Lessee shall have no Further liability on the
original lease or the new lease.
Assignment by Lessor
7.02. Lessor is expressly given the right to assign any or all
of its interest under the terms of this lease.
ARTICLE 8. DEFAULT
Events of Default
8.01 . The Following events shall be deemed to be events of
default by Lessee under this lease;
(a) Lessee shall fail to pay any installment of the rent hereby
reserved and such failure shall continue for a period of ten (10) days.
(b) Lessee shall Fail to comply with any term, provision, or
covenant of this lease, other than the payment of rent, and shall not cure
such failure within twenty (20) days after written notice thereof to Lessee.
(c) Lessee shall make an assignment for the benefit of creditors.
(d) Lessee shall file a petition under any section or chapter of the
fi National Bankruptcy Act, as amended, or under any similar law or statute
of the United States or any state thereoF; or Lasses shall be adjudged
bankrupt or insolvent in proceedings Filed against Lessee thereunder and
such adjudication shall not be vacated or set aside or stayed within the
time permitted by law.
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(e) A receiver on trustee shall be appointed for all or
substantially all of the assets of Lessee and such receivership shall
not be terminated or stayed within the time permitted by law.
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(f) Lessee shall desert or vacate any substantial portion of
the premises for a period of five (5) or more days.
Remedies
8.02. Upon the occurrence of any event of default specified
in Section 8.01 hereof, Lessor shall enter upon and take possession
of the premises and expel or remove Lessee and any other person who
may be occupying the premises or any part thereof, by force if necessary,
without being liable for prosecution or any claim for damages there For,
and IF Lessor so elects, relet the premises on such terms as Lessor
shall deem advisable and receive the rent thereof; and Lessee agrees
to pay to Lessor on demand any deficiency that may arise by reason of
such reletting.
No reentry or taking possession of the premises by Lessor
shall be construed as an election on its part to terminate this lease,
unless a written notice of such intention be given to Lessee.
Notwithstanding any such reletting or reentry or taking possession,
Lessor may at any time thereafter elect to terminate this lease for a
previous default. •
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ARTICLE 9. MISCELLANEOUS
Notices and Addresses
9.01 . All notices provided to be given under this agreement
shall be given by certified mail or registered mail, addressed to the
proper party, at the following address;
Lessor
Lessee
TEXAS 707 Brazos County
707 Texas Avenue South Richard J. Holmgreen, County Judge
Suite 208-D County Court House
College Station, Texas 77840 Bryan, Texas 77801
Gender
9.02. Words of any gender used in this lease shall be held and
• construed to include any other gender, and words in the singular number
shall be held to include the plural, unless the context otherwise requires.
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Parties Bound
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9.03. This agreement shall be binding upon and inure to the
benefit oP the parties hereto and their respective heirs, executgrs,
administrators, legal representatives, successors, and assigns where
permitted by this agreement.
Texas Law to Apply
9.04. This agreement shall be construed under and in
accordance with the laws of the State of Texas, and all obligations
of the parties created hereunder are performable in Brazos County,
Texas.
Legal Construction
9.05. In case any one or more of the provisions contained in
this agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not effect any other provision thereof and this
agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
Prior Agreements Superseded
9.08. This agreement constitutes the sole and only agreement
of the parties hereto and supersedes any prior understandings or written
or oral agreeme^ts between the parties respecting the within subject
matter.
Amendment
9.07. No amendement, modification, or alteration of the terms
hereof shall be binding unless the same be in writing, dated subsequent
to the date hereof and duly executed by the parties hereto.
Rights and Remedies Cumulative
9.08. The rights and remedies provided by this lease agreement
are cumulative and the use of any one right or remedy by either party
shall not preclude or waive its right to use any or all other remedies.
Said rights and remedies are given in addition to any other rights the
parties may have by law, statute, ordinance, or otherwise.
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Waiver of Default
9.09. No waiver by the parties hereto of any default or breach
of any term, condition, or covenant of this lease shall be deemed to be
waiver of any other breach of the same or any other term, condition, or
covenant contained herein.
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IN WITNESS WHEREOF, the undersigned Lessor and Lessee
hereto execute this agreement as of the day and year first above written.
TEXAS 707 Brazos County
By: 44 ax_~
Lessor' is rd J. Holmgren Lessee
County Judge
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ATTESTED:
~4mhnk Borisk e •
County Clerk _
BRAZOS COUNTY. TEXAS
BUDGET AMENDMENT(S) FOR THE 1987 BUDGET YEAR
NO. 28
On this the 4th day of January 1988 at a special meeting of the
Commissioners' Court the following members were present:
R. J. Holmgreen, County Judge, Presiding
Bill J. Cooley, Commissioner, Precinct 1;
Walter Wilcox, Commissioner, Precinct 2;
Billy E. Beard, Commissioner, Precinct 3;-Ab#,&4
Milton Turner, Commissioner, Precinct 4;
Frank Boriskie, County Clerk.
The following proceedings were held:
THAT WHEREAS, on January 4, 1988, 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 2 page(s).
ADOPTED AND APPROVED this the 4th day of January 1988
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By: l R. J. Holmgreen County Judge
Original: County Clerk's Office and attached to the original budget
Copies: County Auditor j
County Treasurer
Commissioners Court Minutes
Budget Amendment File
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Budget Amentment 028 1-04-88
Account No. Department Reason Increase (Decrease)
• 10-24-6215 Auditor's Reallocation
Comp. Software Office of funds 2,010
10-24-5530 Reallocation
Trav. Meal/Lodg. of funds ( 135)
10-24-5616 Reallocation
Prof. Services of funds (1,625)
10-24-6210 Reallocation
Off. Furn/Equip. of funds ( 250)
NO INCREASE TO DEPARTMENT BUDGET
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10-11-5122 County Clerk
Reallocation
Grp. Ins.
of funds
414
10-11-5511
Reallocation
Prnt./Filming
of funds
7,000
10-11-5611
Reallocation
Ins. b Bonds
of funds
360
10-11-5118
Rellocation
Extra Help
of funds
(7,774)
NO INCREASE
TO DEPARTMENT BUDGET
10-28-5414 Brazos Center
Reallocation
Copier rep/maint
of funds
108
10-28-5510
Reallocation
Conf. fee/memb.
of funds
40
10-28-5518
Reallocation
Other/Misc
of funds
128
10-28-5582
Reallocation
Late paymt. penalties
of funds
6
10-28-5612
Reallocation
Utilities
of funds
21,300
10-28-6223
Reallocation
Hand Tools
of funds
300
10-28-5118
Reallocation
Extra Help
of funds
(6,000)
10-28-5310
Reallocation
Rep/Maint-bldg 6 gr.
of funds
(4,000)
10-28-5624
Reallocation
Contract labor
of funds
(9,000)
10-28-6214
Reallocation
Equip. b Mat.
of funds
(2,882)
NO INCREASE
TO DEPARTMENT
BUDGET
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Budget Amentment 028 1-04-88
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Account No. Department
Reason
Increase
(Decrease)
10-22-5510 District
Reallocation
Con. fees/memb Attorney
of funds
675
10-22-5512
Reallocation
Court Cost
of funds
4,500
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10-22-5527
Reallocation
Car Allowance
of funds
50
10-22-6210
Reallocation
Off. Furn/Equip.
of funds
4,800
10-22-5210
Reallocation
I Office supplies
of funds
(2,000)
10-22-5412
Reallocation
_ Rep/maint. Off equip.
of funds
( 500)
j~ 10-22-5415
Reallocation
Gas/Oil/Lub.
of funds
( 275)
10-22-5511
Reallocation
Print/Film
of funds
(1,000)
10-22-5530
Reallocation
Trv. Mealo/Lodg.
of funds
(2,500)
10-22-5616
Reallocation
Prof. Services
of funds
(2,500)
10-22-5640
Reallocation
j Special Microfilming
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of funds
(1,250)
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NO INCREASE
TO DEPARTMENT
BUDGET
10-56-5531 Constable
Reallocation
Firearms Read Pct. 7
of funds 275
10-56-5210
Reallocation
Office Supplies
of funds 187
10-56-6211
Reallocation
Radio Equipment
of funds
(
241)
10-56-5518
Reallocation
Other Misc.
of funds
(
34)
10-56-5411
Reallocation
Rep/Maint. Equip.
of funds
(
165)
10-56-5530
Reallocation
Trv. Meal/Lodg.
of funds
(
22)
NO INCREASE TO DEPARTMENT BUDGE!
NO INCREASE TO GENERAL FUND BUDGE[
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