Connty, ;tzar, for th° Qaartar ssding teril 8pth, 1989. and St ayp~laring to tp° Court ppap I 33 D said rtrt°msnt i• tear and oorrrot in every rsrprot, rar b• and i• horopy ay~awvrd by thr CoarO. ~ ~.a9 °'°~°'°'°'O'O ORDER AUTHORIZING THE ISSUANCE OF WARRANTS THE STATE OF TEXAS ) COUNTY OF KERB ) On this the 12th day of May,1937, the Commissioners` Court of Kerr County, Teaes, being in Recessed Regular Session at a Regular Term oP said Court, all members thereof being present, to-wit: John S. Atkins, County Judge, Henry Eckstein, C~mieaioner Precinct No. 1, D. D. Beard , Commissioner Precinct No. 2, Wm. Karger Commissioner Precinct No. 3, T. T. Moore , Commissioner Precinct No. 4, the following proceedings, among others, were had, to-wit: WHEREAS, it hea heretofore been determined by the Commissioners' Court of Kerr County, Taxes, that it is necessary and advisable to make certain road improvements in said County; and WHEREAS, The County Judge wsa directed to advertise for bide to said improvements Sor the time and in the manner required by Chapter 163, Aats of the Forty-second Legislature of Texas, Regular Session; end WHEREAS, said advertisement was published in a newspaper of general circulation published Sn said County once a week for two consecutive weeks prior to the date set for let said contract, the date of the first publication being the 22nd day of April, 1937, and the date of the second publication being the 29th day of April, 1937; and WHEREAS, the Commissioners` Court affirmatively finds that no petition was pre- sented to the Court Lo submit to a referendum vote the question as to the isauanoe of bonds for such purpose; end WHEREAS, on the 10th day of May, 1937, at the Courthouse in Kerrville, Tease, the said Commissioners` Court in open session opened the bide submitted for improving oertein roads in said County; and WfC;REAS, said Commissioners' Court has accepted the bid of W. W. Vann & Company of Kerrville, Teaes, for the improving of certain roads in said Kerr County, Teaes, at a price of $44,000.00, to be paid in Kerr County Road end Hridge ImprovementWarrants in annual instal meats or deferred payments, together with interest thereon at the rate of Five (596) per cent per annum,~interest payable annually, said bid being regular in ell respects and in strict conformity with said published notice end WHEREAS, the following contract has this day been entered into by end between Kerr County, Teaes, and acid W. W. Vann & Company of Kerrville, Texas, to-wit: CONTRACT This agreement made this 12th day of May, 1937, by end between the County oY Kerr represented by the Commissioners' Court, party of the first pert, and S4. W. Vann & Company, his their eaecutors, administrators, heirs, successors or assigns, party of the second pert. WHEREAS, the ad id County of Kerr, known es the party of the first part, desires to enter into contract for the improvement of State Perk Roed in Kerr County, commencing at Station 000 in Benders Roed end extending thence to Station 14110.4 Connection with State Highway No. 16, or ea far as the money available will construct in aocordance with the pro- 3 3 ~ visions of the State Statutes and of the proposal attached, and plane end speclfioetiona agreed upon end signed Por identification, and made part hereof, and WHEREAS, the party of the second part has been engaged Sn and now does au ch work end represents that he 1e fully equipped, competent, and capable of performing the above desired and outlined work, and is ready end willing to perform such work in accordance with the pr o~ visions of Lhe said proposal attached, and plans and specifications agreed upon and signed for identification, now WTTNESSETH: That for end Sn consideration of the prices end agreement mentioned in the proposal hereto attached end made pert of this contract the said contractor agrees to do, et his own pr opar coat end expense, all the work necessary for the improvement of State Park Road in Kerr County, in accordance with the provisions of the proposal attached, end plans and specifications agreed upon and si gnad for identlfication, which are made pert oP this contradt end in full compliance with all of the terms of Lhe specifications and the requirements of the County Engineer. The said contractor further agrees to begin the work on or before May 24, 1937, and to complete same Sn 90 working days. And said County of Kerr, in consideration of the full and true performance of the said work by said contractor, hereby agrees sad binds itself to pay to said contractor the i 'prlces set forth in the attached proposal, and in the manner provided Sn the said specifi- cations. The contractor expressly warrants that he has employed no third parson to solicit or obtain this contract in his behalf, or to cause or procure the same to be obtained upon com- pensation in any way continge nt, 1n whole or Sn part, upon such procurement, and that he has not paid, or promised or agreed to pay, to any third person, in consideration of such procure- ment, or in compensation for services Sn connection therewith, flny broke re ge, commission, or percentage upon the amount receivable by him hereunder; and that he hsa not 1^ estimating the contract price demanded by him, included any sum by reason of any such brokerage, commission or percentage; and that all moneys pa yabla Lo him hereunder era free from all obligations of any other person for services rendered, or supposed to have been rendered, in the procurement of this contract. He further egreea that any broach of this warranty shall constitute ode quat cause for the annulment of this contract by the party of the flrat pert, and that the party of the first part may retain to its own from any sums due or to become due thereunder nn amount equal to any brokerage, commission, or pe rcentaga so paid or agreed to be paid. " ! IN WITNESS ~"!HEREOF, the parties hereto have set their hands the date herein named. ~ COIINTY OF KERR Party of First PerL~ (Signed) Hy John 5. Atkins (Commisaioners' County Judge Court Seel) (9lgned) Henry Eckstein Commissloner, Precinct No. 1. (Signed) D. D. Beard Commissloner, Precinct No. 2. (Signed) Wm. Karger Commissioner, Precinct No. 3. (Signed) T. J. Moore Commieeioaer, Precinct No. 4. (Signed) W. W. Venn k Co. Party of Second Pert Hy W. W. Vsan (Member) NOW TREREFORE HE TP ORDERED, ADJDDOED AND DECREED Hy THE TEXAS: COURT OF KERR I. T$a't said contract herein set out, entered into by sad between the County of Kerr I j 3 L and the W. W. Venn & Company of Kerrville, Texas, be and the same is hereby ratified, approved and confirmed as the act and contract of said County, and the same shall be recorded upon the Minutes of said Court. II. That in accordance with said contract, enfl under end by virtue of the Constitution and Lawa of the State of Texas, warrants of said County, to be called "KERB COUNTY ROAD AND BRIDGE IMPROVEMENT WARRANTS," be issued in the principal sum of Forty-four Thousand Dollars (44,000.00), evidencing Lhe oontract price to be paid the W. W. Vann & Company, its easlgna or bearer, by Kerr County for improving oertain roads in said County. III. Said warrants shall be numbered conaecuti vely from 1 to 44, inclusive, shall be of the denomination oP One Thousand Dollars (1,000.00) eeah, aggregating the said sum of Forty- four Thousand Dollars (44,000.00). The shall be dated May 10, 1937, and shall be due and payable as follows: WARRANT NUbIDER 1 - 4 Inc. 5 - B 9 - 12 13 - 18 17 - 20 21 - 24 25 - 28 29 - 32 33 - 36 37 - 40 41 - 44 " n . n n " " " MATURITY DATE May lU, 1942 May 10, 1943 May 10, 1944 Mey 10, 1945 May 10, 1946 May 10, 1947 May 10, 1948 Mey 10, 1949 May 10, 1950 May 10, 1951 Mey 10, 1852 AMOIINT $ 4,000.00 4,000.00 4,000.CO 4,000.00 4,000.00 4,000.OC 4,000.CO 4,000.CO 4,000.00 4,000.00 4,000.00 The Commiaslonera' Court hereby affirmatively adjudges that the financial condition of Kerr County will not permit the issuance of acid warrants in such inatallmants sa will make the burden of tazation to support the came approzimately uniform throughout the term of sold warrant issue unless it shall appear that the maturities above prescribed shall be construed to make the burden of taxation approximately uniform. IV. Said warrants shall beer interest at the rate of Five (5',6) psr cent per annum from date until paid, payable annually on May 10 in each year, which interest is a pert of the contract price agrees to in said contract, and shall be evidenced by coupons attached to each of said warrants. V. Principal and interest on said warrants shall be payable in lawful money of the Unlted States of America at the Charles Schreiner Bank Sn Kerrville, Texas, upon presentation sad surrender of warrants or proper coupons. vl. Sold Warrants shell be signed by the County Jud ve, attested by the County Clerk, countersigned by the County Auditor and regletered by the County Treasurer, and the seal of the Commissioners' Court shall be impressed upon each of said warrants; faoslmile slgnaturea of the County Judge end County Clerk may be lithographed upon the interest coupons. vu. The form of said warrants shall be substantially ea follows: ? 3 3 N0. UNITED SPATES OF AMERICA $ STATE OF TEXAS COUNTY OF KERR KERR COIINTY ROAD AAID BRIDGE IMPROVEKLNT WARRANT THIS IS TO CERTIFY that the County of Kerr, Sn the State of Teass, under and by virtue of s valid cad subsisting eontraot ie justly lndebtad to the W. W. Venn & Company of Kerrville Tezas, its esaigna or bearer, in the principal sum of ONE THOUSAND DOLLARS ($1,000.00) in lawful money of the United States of America, together with interest thereon from date hereof at the rate of Five (596) per cent per annum payable annually on May 10 in each year, both prlneipal and interest payable at the Che rlea 9c hrei aer Bank in Kerrville, Tezas, upon preaeate tion and surrender of warrant or proper coupon; and the Treasurer of said County Sa hereby authorized, ordered and directed to pay to said W. W. Vance lk Company, its esaigna or bearer, the said sum of One Thousand Dollars ($1,000.00) on the 10th day of May, 14_, the date of maturity of this warreat, in full settlement of the indebtedness hereby evidenced, from the "Special Road sad Bridge Improvement Warrant Fund," of said County, levied assessed and created for that gurpose. This warreat is one of a earlea of Forty-Pour (44) warrants, numbered coasectrtively from 1 to 44, inclusive, Sn the denomination of One Thousand Doll~ra ($1,000.00) each, issued for the purpose of evidencing the indebtedness of Kerr County, Tease, to said W. W. Vann & Company its esaigna or bearer, for improving certain roads 1a said County, in accordenae with contract between said County end said W. W. Venn & Company, under end by virtue of the Constitution end laxs of the State of Teze a, and in pureuanoe of en order passed by the Cammisaione rs' Court of Kerr County, Tezas, on the 12th day of May, 1937, which is recorded in Book I, Page 330 et seq., oP the Minutes of said Court. The date of this warreat, in conformity with said order Sa May 10, 1937, sad it is here- by certified and recited Chet all, acts, conditions and things required to be done precedent to end in the isauanoe of this warrant have been properly done, happened and performed in regular and due time, Porm and manner ea required by law, and that the total indebtedness of said County, including this warrant, does not exceed the Constitutional or atatut orq limitation. It is hereby expressly agreed that peat due interest hereon shall bear interest et the rate of Five (5~) per cent per annum, and in the event thle ~rrent, or any interest coupoa~ hereto attached, ie not paid at me turity thereof, end same is pleoed in the hands of an Attor- ney for colleoti on, or if collected by legal proceedings of any kind, the County of Kerr will pay an additional ten (10~) per cent on the amount of principal end interest then due sa Attor • nay's fee. IN TESTIl/0NY 1~EOF, the Commissioners' Court oY Kerr County, Tezas, has caused the seal of said Court to be affiaed 'he reto, and this warrant to be signed by the County Judge, attested by the County Clerk, countersigned by the County Auditor, cad registered by the County Treasurer, ea of the date last above written. ounty u ge, err ounty, eaea. Attest: oun y er err oun y, eaea. Countersigned: County Au tor, Barr ouaty, eaea. Registered: oun y reneurer, rr oun y, ezea. vu2. The form of interest coupon shall be substantially es follows: N0._ On the ~~ day of 19_ $ The County of Kerr, in the State of Teaes, will be fustly indebted to W. W. Vann & Company of Kerrville, Texas, its assigns or bearer, in the sum of Dollera, ($ ), by virtue of a contract between said County and said Company, and the County Treasurer is hereby authorized, ordered and directed to pay to said Company, its assigns or bearer, on said date, out of-and from the "Special Road cad Bridge Improvement Warrant Fund," of said County, at the Charles Schreiner Bank in Kerrville, Teaes, said amount, the same bein twelve months' interest on "Karr County Road and Hridge Improvement Warrant," No. _, dated Mey 10, 1937, to which this coupon Ss attached end ie s part thereof. ounty er . oun y u ge. 2%. - The following assignment may be printed on the back oP each-of said warrants.: ASSIGNMENT Thin is to certify that W. W. Vann &. Company has received the within principal warrant and the annexed interest coupons from Kerr County, Texas, in part payment of the con- tract price due by said County to said Company, and, for value received, the said Company hereby transfers, assigns, sells end delivers without recourse, to bearer, all right, title and interest held by said Company in and to the same, end also the proportionate part of the contract price end debt due the said Company, which is represented by this principal and the annexed coupons; end said bearer Se hereby subrogated to all claims, liens, right, title, whether in law or in equity, which are or may be secured to ea id Company in said contract, end the bearer hereof is hereby authorized to collect the same and give full acquittance thereof in the name of said Company. Hy a. Snid warrants shall be executed and delivered to the said W. W. Vann k Company, as provided in said contract, on estimates M$ the work progresses, which estimates shall be duly audited end allowed prior to the delivery of said warrants in payment of same; said Company to accept said warrants in full sltiafaction of the indebtedness due ea shown by such eatimet %I. IL is further ordered by said Court that a special fund, to be denominated "Special Road and Bridge Improvement Warrant Fund," be and the same is hereby created, and the County Treasurer is hereby ordered and directed to open an account with said fund, to which fund shell be credited ell tazea levied for the payment of principal end interest of said warrants proposed to be issued for acid purpose; which funds shall not be paid out for any purpose other than the payment oP principal end interest of said warrants. That to create sa 18 fund for the payment of principal and interest on said werrenta there is hereby levied for each and every year while said warrants, or any of them are out- standing a tax sufficient to pay the interest on said warrants and to create a slaking fund sufficient to redeem them at maturity, a tax of five cents (5~), on each $100.00 valuation of ell tezable property in said Kerr County is hereby levied for the gear 1937 and said tax shal be levied, assessed and collected for said year; end for each succeeding year, end at the tim other oounty taxes ar@ levied, there shall be computed end ascertained whet rate of tea based 334 338 upon the latest approved tax rolls of said county will be necessary, requisite and sufficient to fully raise and produce in each of said years the amount of principal and interest meturing in said year and for each of said years there is hereby levied a tea at such rate es shell be Pound necessary as aforesaid, end all such to ass, when collected, shall be placed in said special fund apd shall be appropriated and applied t0 the purposes named. The above order being read, it was moved by Commissioner Henry Eckstein, seconded by Commissioner D. D. Beard that same do pass. Thereupon, the question being called for, the following members of the Court voted AYE: .d the following voted NO ~KY~1 ~ ~~ flr ~cY~ ~„ee~ f ~ ........,,,, ~~ ~. ~ ~ r i/~+ ft a 't ' ~~ 1'•. .... ....+• •':' d~~. ..~~ NONE. Henry Eckstein, D. D. Beard, Wm. Yarger, T. J. r Cou y u ge ea o r rec ac o. 0-0-0.0-0-0-0-0-0 t- Stat• o! Texas, 1 In Oomalaaioa.ra' Court et Yarn County, Tezoa. f Ho. 1880. COOnnty of Zerr. 1 Regular llp Term, t. P. 1987, Company, On this lEth day of Yay, 1987, came on to b• oonaidered the oifea of !. Y. Zwing)( Inc., t~4y at Ban Antonio, Rexae, to pnrohaw from ZarrOoanty,/Yarr Oonnty Road District Ho. 1 Bonds numbered from SSO to 89~ inolusin, for jb00,00 each, beari~ b} seal-sanaal iatereat dated duly 10th, 19E0, }380 due Jn1y 10, 1965, Hoa. 381 to 890 inolneive dw July 10, 1969 and Hoa. 891 to 899 iaolnaiva dns Ja],y 10th, 1960, now held by the Peraaasnt 9ohool land K Lerr OonnS~, for tly prio• of 1.10 i. s. j11,000.00 ylne aaerwd iatereat, and it appearing Lo the goµ~ that it is to the besS interot of Yerr Oonnty to accept aaia otter and wll acid Do~• to uid !, Z. Mai 0ompany, Inc. sa aforeuia, aeon moLies duly made, seconded ani anaaimonely adopted said otter be and is hereby •ooepted by the Coact, sad ii6i]la iherabg~ord~red~by. :ths;Cearh-~tiwt aaia twenty bola ere ^old Le •aid w, Z. ~lring Company, Igo. for said prigs of j11,000.00 plus aoozwd interest, and Chaa. 8ohrsiner and dirsatN Banc, (Unlnoorporated), Oonaty School rand Depository. be end is hereby aathoriaei/te tran.feranl dallier aaid bonds to aeii w, $. loving Company, Inc. neon reosipt~oi the pnnhau pries tlurefor. dad the County Clary shall fnrnlah onto aaid school fund depository a oerSified Dopy of this order authorising aaid depository to oonaummat• aaid purchase sad Bale aoooraimg Lo the SerY and oonditiona therein uL forth. o-e-o-o-o-o Stat• of lazes, 1 In gommiaaion.ra' Court, Yerr County, lama. IHO. 1681 County of Yerr. 1 Regular Yay 4srm, •f D. 1889. Shia 12th day of Yay, 1987, came on to be ooaaidered by the Court She proposal of •. Y. Dwing Coopeav, Inc. K 0~ •atonlo, Sezas, to sell Hato Zerr County for She see and Denafit of its Permanent 8ohoel lent, eleven Yerr Csanty Road i Brldge Lprovement wsrsaata msmlered from S< to 4! inslaeive, for j1,000,00, Dearing 69i annual interest, matnrias sa follows: overcasts Hon. Se-86-31 daa Yey 30, 1960, warrants 87-38-89-40 doe Ray 10, 19b1 and warrants •1-4E-48-dd due YRy 179th, 196E, all dated IIay 10th, 1987, for th• price of par namely j11,000.00 wlihoaL iatsret. it appearing to the 0oort that it,is La Lhe Dsst iatereet of Yerr County sad