Aransas County approves $5,000 forfeiture donation, withholds payment to Broadus amid contractor dispute

At a special Aransas County Commissioners Court meeting in Rockport, commissioners voted 3–2 to approve a $5,000 donation from forfeiture funds to the Coastal Bend Community Foundation for distribution to the Children’s Coalition while withholding payment on a contested invoice from Broadus, the county's construction-management contractor.

The presiding official moved to approve the balances payable. The county attorney told the court that "these funds are out of the forfeiture funds, so they are not out of your own fund." A commissioner objected to paying Broadus further, saying Broadus had repeatedly missed problems during installation and that the county has already paid the firm hundreds of thousands of dollars.

The dispute centered on whether the court could lawfully withhold payment under the state Prompt Payment Act and whether the county had sufficiently documented grounds for disputing the invoice. The county attorney advised that disputed invoices are typically governed by the Prompt Payment Act and that the applicability depends on the facts and contract terms.

Commissioners discussed prior payments to Broadus, with figures referenced in the record in the range of about $600,000–$800,000. One commissioner said they would ask the auditor's office to notify commissioners whenever Broadus invoices arrive so the court could pursue a prompt-payment rebuttal or other procedural response.

After debate and an amendment to the original motion — approving the Coastal Bend check but removing the Broadus payment — the court took a roll-call vote. Commissioners recorded three votes in favor and two against; the presiding official announced, "The motion passes 3 to 2." Recorded responses in the roll call included votes in favor from Mister Cheney, Mister Kasselin and Mister Russo and a Nay from Judge Garson.

The approved donation will be routed through the Coastal Bend Community Foundation to the Children’s Coalition, per the record. The court gave no formal direction to pay the disputed Broadus invoice and instead adopted the amendment that withholds that payment pending further documentation and any legal or contractual action.

Next steps recorded in the meeting: the auditor's office will be asked to notify commissioners when further Broadus invoices are received, and county counsel said they would assist with research into contractual and statutory remedies. The commissioners then moved on to other business and adjourned.