i officer is entitled to his Pees and that same should he paid; therefore, by motion duly made b i Bartel, seconded by Powell, and unanimously approved by the Court, that said r""e,,,p////ort be approv-I I' ed and that the County Clerk be, and is hereby directed to pay the fee of $6.Oyq to Judge Enge man, to-wit: X4.00 payable out of the Road and Bridge Fund, and $8.00 out of th`e General Fund) of Kerr County, Teaas. o-o-o-o-o-o-o No. 6115. APPR09AL OF MlNTHLY REPORT OF FINES, JIIDGMENTS, AND JIIRY FEES COLLECTED BY T3E DISTI RICT CLERK FOR THE MONTB ENDING MAY 31ST, 1953. ',~ This the 8th day of June, A. D., 1953, Dame on to be eaemined by the Court, the monthly (report of Clella Doyle, District Clerk, of all fines imposed, judgments rendered and fury fees '!,aollected in the District Clerk`s office of said County for the month ending May 31st, 1953, it the amount of X12.00, which amount has been collected and deposited with the County Treasurer, and it appearing to the Court that said report is true and correct and should be approved; ~~,therefore, by motion duly made by Bartel, seconded by Powell, and unanimously approved by the ~~.Court, and ordered Piled by the County Clerk. o-o-o-oro-o-o No. 6116. APPR09AL OF MONTHLY EXPENSE REPORT OF CODNTY CLERK. This the 8th day oP June, p. D., 1953, came on to be examined by the Court, the monthly expense report of Lawrence Stephens, County Clerk, Por the month of May, 1953, showing an ac- tual and necessary expenditure oY $810.70, incurred by him in the aonduot of his office during said month, and it appearing to the Court that said report is true and correct and should be approved; therefore, by motion duly made by Bartel, saoonded by Powell, and unanimously approv- ed by the Court for such expenditures thereon. o-o-o-o-o-o-o No. 6117. pppR09AL OF REPORT OF DEPOSITS AND COLLECTIONS OF ALBERT NILSON, PDBLIC WEIGHER, PRECINCT #l. This the 8th day of June, A. D., 1953, came on to be oonsidered by the Court,'~the monthly report oP deposits and collections oP Albert 'rJilson, Publio Weigher, Kerr County, Precinot #l, showing an aggregate oP $135.79, collected Por the month of May 1953, and it appearing to the Court that said report is true and correct and should be approved and that the City of Kerrvill should be reimbursed for one-half of the over-collection of $35.79, which would be in the amount oP X17.90 due the City of Kerrville, payable out of the Ceneral Fund of Kerr County. Therefore. by motion duly made by Bartel, seaonded by Powell, and unanimously approved by the Court that said report be approved and the County Clerk be and is hereby directed to reimburse the City of Kerrville for one-half of the over-collection of $35.79, payable out of the General Fund of Karr County, Teaas. o-o-o-o-o-o-o #6118. CONTRACT BETWEEN HAR7EY P. SMITH & ASSOC. pND KERR COIINTY. This the 8th day oP June, A. D., 1953, after motion having been made by Guthrie, seconded-~~I (. by Bartel, and unanimously approved by the Court, that the following contract be entered into ~~ by and between Harvey P. Smith and Associates, and Kerr County, by executing said instrument, copied as follows, to-wit: ~'i THE STANDARD FORM OF AGREEMENT BETWEEN O'WNER AND ARCHITECT i THIS AGREEIDIENT made the 8th day of June in the year Nineteen Hundred and Fifty Three by it and between Commissioners Court of Kerr County of Kerrville, County of Kerr, Teaas, hereinafter!( 4 called the Owner, end Harvey P. Smith & Associates of San Antonio, Teaas, hereinafter called the Architect, 'WITNESSETH, that whereas the Owner intends to erect Agricultural, Horticultural ' and Livestock Exhibition Buildings; 1~ NOW, TI3F.RE2'ORE, the Owner and the Architect, for the aonsiderationa hereinafter named, agree as Yollows: ~~ %; Tho Architect agrees to perform, for the above-named work, professional services as here- j'. inePter net forth. i j~ The Owner agrees to pay the Architect for snoh services a Yee oY Six (6`4) per cent oY the I, oost oY the work, with other payments and reimbursements as hereinafter provided, the said per ~, oentage being hereinafter referred to as the "bas io rate^. f; j. The parties hereto Yurther agree to the following aond it ions: 1. THE ARCHITECT`S SEHPICES.--The Arohiteet`s professional services Dons ist of the nacesa Iii cry oonfereno es, the praparat ion oP preliminary stud ins, working drawings, speo ifioations, ji large scale and fall size detail drawings, Por arohiteo tural, struo tural, plumbing, heating, ~I electrical, sad other meohanic al work; assiatanae in the drafting of forma oP proposals and ~i I. contracts; the iasuanoa of eertlficates of payment; the keeping of aooounte, the general admire P istrat ion oP the business and augervia ion of the work. ICI 4. EXTRA SERVICES AND SPECIAL CASES.--IY the Architect is ceased eats drafting or other -- ~': expense due to Chang es. ordered by the Owner, or due to the delingaenoy or insolvency of the ;!Owner or Contractor, or as a result of damage by fire, he shall be equitably paid Por such ea- tra expense and the service involved. ' Work let on say nost-plus basis shall be the sub3eot of a special charge in accord with the special service required. If any work designed or specified by the Architect is abandoned or suspended, i.n whole or ~'in part, the Architect is to be paid for the service rendered on account oP it. '~, 5. PAYI~NTS r-Payments to the Architect on account of his Pee shall be made as Follows, ~. sub Sect to the provisions of Art. 4: i ' Upon aomplet ion oY the preliminary studies, a sum equal to 25~ of the basic rate computed i. r upon a reasonable estimated cost. During the period of preparation of specifications and general working drawings (eaclusivi ~; oY details) monthly payments aggregating at the oomplet ion thereof a sum anffio feat to inoresai ~', payments to 75,$ of the rate or rates of commission aria ing Prom this agreement, computed upon i Ij,a reasonable cost estimated on such completed speoiY ioationa and drawings, or iY bids have bee: ~., received, then computed upon the lowest bona Yide bid or bids. From time to time during the execution oP work and in proportion to the amount oP service ~Ii rendered by the Architect, payments shall be made until the aggregate of all payments made on ~~aocount oP the fee under this Krticle, but not including any covered by the provisions oP i' ~ Art io le 4, shall be e sum equal to the rate or rates oY commission arising Prom this agreement, ;;computed upon the Final cost of the work. '~: Payments to the Arohit act, other than those on his Pee, Pall due Prom time to time as his l work is done or as costs are incurred. ~, No deductions shall be made from the Arehit act's fee oa account of penalty, liquidated day ages, or other sums withheld from payments to contractors. 6. SIIRVEY, BORINGS AND TESTS.--The Owner shall, so Par as the work under this agreement Imay require, furnish the Architect with the Following information: A complete and accurate su ICI vey oP the building site, giving the grades and lines of streets, pavements, and adfoining pr ~perties; the rights, restrictions, easements, boundaries, and contours oP the building site, and full 1nf'ormation as to sewer, water, gas and electrical service. The Owner is to pay for or test pits and Por chemical, mechanical, or other tests when required. 7. SUPERVISION OF THE WORK.--The Architect will endeavor to guard the Owner against end defioiaricies in the work of contraotors „but he does not guarantee the performance of them contracts. Rhe supervision of an Architect is to be distinguished from the oontinuous persona] superintendenoe to be obtained by the employment of a clerk-oY-the-works. 'Nhen authorized by the Owner, a clerk-oP-the-works acoeptable to Doth Owner and Architect shall be engaged by the Architect at a salary satisfactory to the Owner and paid by the Owner, upon presentation oY the prchiteot's monthly statements. I'. 8. PRELIMINARY ESTIIvfATES.--When requested to do so the Architeot will furnish preliminary i~ est imatas on the cost of the work, but he does not guarantee the aacuraoy 'of such estimates. 9. DEFINITION OF THE C09T OF THE WORK.--The eo st of the work, as herela referred to, mean ~,.. the cost to the Owner, but such cost shall not include any Arohitect*a or Engineers' or Spec i9: Conaultants~ Pees or reimbursements or the cost of aclerk-oP-the-works, When labor or material is furnished by the Owner below its market cost the oo st of the ~~,; work shall be oomputed upon such market cost. ~i, 10. OWNERSHIP OF DOCUMENTS.--Drawings end specifications as instruments of service are i the property of the Arohitect whether the work for whioh they are made be eaeouted or not, and ~:i are not to be used on other work except by agreement with the Architect. ~f 1. SIICCESSORS AND ASSIGNMENTS.--The Owner and the Archit cot, each binds himself, his part• P j ears, successors, executors, administrators, and assigns to the .pthpr party to this agreement, and to the partners, auoaesaora, eaeoutox s, administrators and asalgns of such other party in respect oY ell covenants of this agreement. Exoapt as above, neither the Owner nor the Architect shall assign, sublet or transfer his interest in this agreement without the written consent of the other. 12. ARBII'RATION.--All questions in dispute under this agreement shall be submitted to ar- b itrat ion at the aho ice oP either party. Amend. 1 Mod ifioat ion to Article 9. All work done by Kerr County with its owe machinery and labor shall not be s part of the cost of work. Amend. 2 The architect herewith agrees to pay out of his Arahit acts fee all fees for tents of any character needed in the completion of this fob. The Owner and the Architect her ebp agree to the Yull performance of the covenants ed herein. IN WITNESS WI~REOF they have exec uted this agreement, HARVEY P. SC72TH & ASSOCIATES ARCHITECT: By: Harvey P. Smith o-o-o-o-o-o-o the day and year first above writter~i. Jno. R. Leavell ~: County Judge ` L. M. Guthrie Commissioner,Prec. 1 V. D. Powell '~ Commissioner, Prea. 2 'i Adolph Bartel Commissioner, Preo. 3 ~, Lee Goff Commissioner, Preo. 4 f No. 6119. APPROVAL OF MONTHLY REPORT OF FINES, JUDGMENTS AND JURY FEES COLLECTED IN JDSTICE COURT, PRECINCT #l. This the 8th day of June, A. D., 1953, acme oa to be examined by the Court, the monthly report of Pirgil Storms, Justice oY the Peace, Precinct #l, Kerr County, Texas, covering the month oP May, 1953, of cr imiasl Cases filed, witnesses, judgments and fury Yees collected sho ing a sum oY X34.45 aolleated and deposited with the County Treasurer, entitling him to a Pee of $15.00, and it appearing to the Court that said report is true and correct end that said oPf is er ie ant itlad to his Pees sad that same should be paid; therePOre, by motion duly made seconded by Powell, and uaanimo usl9 approved by the Court. that said report be