HomeMy WebLinkAbout2005-11-18-5:00PM-REGULARIt . E-
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BRAZOS COUNTY >iry carK
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BRYAN. TEXAS
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NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON IS NOVEMBER 2005 AT 5:00 P.M. IN THE COMMISSIONERS
COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET,
SUITE 115, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance - Judge Sims
2. Call to Order
Consider and take action on agenda items 3 - 4:
3. Convene into Emergency Session pursuant to §551.045 of the Texas Government Code
based on an order of the 85`s District Court due to a reasonably unforeseeable situation.
4. Consideration and take action, if necessary, on the Bum Ban, Brazos County Order #05-
007 enacted on 6 September 2005. Action may include dissolution or revision of the
burn ban.
5. Adjourn
The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
Office of the County Judge . 300 East 26!" St. • Suite 114 • Bryan, Texas 77803 . Fax: (979) 361-4503
tr~~-,~ PI~GE a3~
COMMISSIONERS' COURT
EMERGENCY MEETING
NOVEMBER 18, 2005
An Emergency meeting of the Commissioners' Court of
Brazos County, Texas was held in the Brazos County
Commissioners Courtroom in the Courthouse in Bryan, Brazos
County, Texas, beginning at 5:00 p.m. on Friday, November 18,
2005 with the following members of the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1,
Absent;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3, Absent;
Carey Cauley, Jr., Commissioner of Precinct 4, Absent:
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
The County Judge gave the invocation and led the pledge
of allegiance.
The County Judge opened the meeting and announced that
since there was no quorum of the Court, no action could be
taken at this time on lifting the Burn Ban.
There being no further business to come before the Court,
the meeting was adjourned.
The foregoing minutes of the Commissioners Court meeting held
November 18, 2005 have been examined and are approved in open
Court this the J}f~ day of S I\uSZr 2006, in Bryan,
Q t': I] -
Duane Peters
Commissioner, Precinct 2
Carey C
ley,
r.
Commis
toner,
Prec
n t 4
Attest:
KKare McQueen
County Clerk
Lloyd Wassermann
Commissioner, Precinct 1
Kenny Mallar
Commissioner Precinct 3
FAGS a
Brazos County, Texas.
BRAZOS COUNTY COMMISSIONERS COURT
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VOC7&l PAGE )35
BRAZOS COUNTY COMMISSIONERS COURT
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No.
JIM KUBOVIAK,
PLAINTIFF,
V.
AGGIE STUDENT BONFIRE, INC.,
RYAN SHAFER,
CHANCE M. ROBINSON,
ROGER DEWAYNE BROWN
DEFENDANTS.
STATE OF TEXAS §
BRAZOS COUNTY §
§ IN THE DISTRICT COURT
§ OF BRAZOS COUNTY, TEXAS
§ 85`n. JUDICIAL DISTRICT
ORDER
Plaintiff, JIM KUBOVIAK, BRAZOS COUNTY ATTORNEY sued defendants,
AGGIE STUDENT BONFIRE, INC., RYAN SHAFER, CHANCE M. ROBINSON,
ROGER DEWAYNE BROWN for statutory injunctive relief. Plaintiff asked the Court to
issue a temporary restraining order. After a hearing on the application, the Honorable
Judge ordered Defendants to desist from violating Texas Local Government Code
§352.081 and the Brazos County burn ban. Specifically, the Court ordered Defendants to
not permit the unauthorized burning of the bon fire until Defendant's may conduct that
activity without violating the Brazos County bum ban or State Law.
In addition, the Court found that Defendants' ability to cure the conditions
precipitating the injunction were greatly hampered by the Brazos County Commissioners'
Court's scheduled agenda. The Court found that the scheduled date of the next
Commissioners' Agenda was November 22, 2005 and the date of the bone fire was set for
November 19, 2005. Neither party had anticipated the duration or impact of the Brazos
County burn ban or that the lack of rain in Brazos County would have resulted in the
continuation of the burn ban. .74. d4u, / z Y r~
la's, ac- . deW nt l ec t t/t cum v=cnw t s yt, -11 c~ ~i fo
Therefore: The Court finds that an emergency exists as contemplated by the Texas
Open Meetings Act, §551.045 because of a reasonably u foreseeale situation. s? h2~1
C~6+c.n2" G6rst~c eYtA-tom a ~ C'.&~.nl lsl.eo~.c.., ctcact,,a/~ !4
ISSUED on November 18, 2005. ~O zd Q`$' tO 01~O~tGd O da e~aG, a
zk"
cootio.
J. D. Langley, J e, 85`h. District Court.
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