.-
and should be approvefli therefore on motion made by Commissioner Brewton, seconded by Comm-
iaeloner Powell and unanimously approved by the Court, said report ie ordered filed by the
County Cleak for future reference and subject to audit.
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H0. 8353 OBDE$ FOR BEMOYAL OF TELEPHONE FROM AGRICULTURE BUILDING
This the 13th day of July 1859, on motion duly made by Commissioner Hrewton, eeonaded
the
by Commissioner Bartel, the Court unanimously approved that /telephone at the Kerr County
i Agriculture Building be discontinued, eYfeotiYe as oI current billing period.
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COURT RECESSED AT 4:55 O'CLOCK P.M. JULY 13, 1959
COURT RECONVENED IN SPECIAL SESSION on July 23, 1959 at 9100 O'clock A. M. iri the
County Court thereof, with all officers present, and the Court having duly opened, the fol-
lowing orders were passed.
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NO. 8354 LEASE PfIHCHAS& lanFFrrrtNT WITH Km. K. ROLT MACHINE8Y COMPARY
This the 23rd day of July A.D. 1959r on motion duly made by Commissioner atone, seoo nd
i
by Oommisei oner Powell and unanimously approved that the Leaea Agreements ae submitted by
NWm. K. Holt Machinery Company be recorded is the minutes of the Commieeionere' Court se fol-
lows:
Z.
THE STATE OF TE7CA3
COUNTY OF BEAR THIS IH;A98, made this, the 14th day o£ July 1459, between Wm. K. HOLT
MACHINERY CO., a Teaae corporation, acting herein through its Commissioners' Court, herein-
after cell ed Leeeee, WITNESSETH:
That, Whereas, the Leeeee requires the use of Ona Caterpillar D6 Tractor, Arr. 5F 6168
Serial No. 9U 29155, With 3H 481 Crankcase Guard, 1M 1620 18" Grouser Traote, 8H 9001 Start-
ing System, Hydraulic Tract Adjuetera, Caterpillar 6A Dozer, Arr. 7F 85zS6, Serial No. 160
14392, and Oaterpi}far #46 Bydraullo Contro;, Serial Ro. 13547, along with One Caterpillar
#112 Motor Grader, Arr. 3F 7485, aerial No. 3U 6607, With 2D 4156 Front Tires, 2D 2595 Rear
Tires and 5H 4770 Steering Booster, in Kerr County, Texas.
BOW, THEREFORE;
1. Lessor, 1n consideration oY the payments oY Tentals hereinafter mentioned, hereby
lessee to the lessor: One Caterpillar D6 Tractor, Arr. 6168, Serial No. 9II 29155, With 3H
481 Crankcase Guard, 1M 1620 18" Grouser Traote, 8H 9001 Starting System, Hydraulic Tract
Adjusters, Caterpillar 6A Dozer, Arr. 7F 8536, Serial 16C 14392, and Caterpillar #46 F(Vdraul
Control, aerial No. 250 13547, along with Oae Caterpillar #112 Motor Grader, Arr. 3F 7485,
Serial No..3U 6607, With 2D 4156 Front Tires, 2D 2595 Rear Tires, and SA 4770 Steering Boost
for s period commencing the 14th day of July, 1959> and ending the let day of July, 1964, Yo
a total rentnl of Thirty Sia Thousand Eight Hundred Seventy and No Cent• (836,877.00) payabl
ae follows;
Trade allowance for One Deed Caterpillar d6 Tractor, Serial No. 5R 4209 SF and One Dee
Caterpillar #112 Motor Grader, Serial Ao. 2M 674, of ;5,000.00. The remaining 531,877.00
payable se follows:
56,375.40 due and payable July,l, 1960, together with interest at four and one-half
per cent per annum on. 531, 877.00 from date of lease agreement until date payment matures on
July 1, 1960. 56,375.40 flue and payable July 1, 1961, together with interest at four and
one-half par cent per annum on 525,501.60 from July 1, 1960 until July 1, 1961. '
6,375.40 due and payable July 1, 1962 together with ihtere st at four and one-half per Dent
er annum on =19,126.20 from July 1, 1961 until July 1, 1962. $6,375.40 due and payable July
1963 together with interest at four and one-halt per Dent per annum on 112,750.80 from ~''~
my 1, 1962 until July 1, 1963• $6,375.40 due and payable July 1, 1964 together with inter-
et at four and one-half per Dent per annum on 16,375.40 Yrom July 1, 1963 until July 1, 1964
should
It ie further agreed that/any of the above mentioned lease inetallmenta become past due
are to draw inters et at the rate of Your & one-half per Dent per amum. It ie
agreed that .all oY said amounts epeodfied are to be paid out oY the Road and Bridge
Fund of Kerr County, Tezae.
2. The Lessee aoknowledgee reoeipt nY aaid equipment in good order and oonditioa and
igatee iteelY upon the expiration of this lases, is the event the option herein referred
has not been exercised, or in the event that it shall default in the performance oY arly
term e, covenants and conditions hereof, and Lessor eleota to terminate this oontract as
provided for, to thereupon deliver aaid maohinery to Lessor, freight prepaid, at
aeor'e warehouse in San Antonio, Bazar County, Texas, in the same good order and condition
when received by Lessee, ordinary wear and tear only socepted.
^i
3. Lessee shall have the right to make aRy reasonable and lawful use of aaid machinery
d eha 11 take reasonable and proper oars thereof, and shall at iteowa ooet and expen ea make
1 necessary repairs and replacement e.
4. In the event of any default by Lessee in the payment of rent, or otherwi ee, this
ass shall terminate at the option oY Lessor, and on it edemand, the maohinery leased shall
delivered baok to Lessor's warehouse in San Antonio, Bazar County, Tezae, transportation
cyaiu.
5. Leaeor hereby gives Lessee the option to purchase aaid machinery in its then con-
tion at axyy time during the term oY this lease, or at its termination, Yor the purmhsae
ioe of Thirty Sia Thousand Eight Hundred Seventy Seven and 00/100 Dollars, F.O.B,. Kerr Co'
xae, plus interest at the rate oY Four & One-Halt per Dent (4)496) per annum on the unpaid
lanoe from the 14th day oY July, 1959, until such purchase price is paid, Bald purchase
to be payable in cash or upon terms aoceptable to the Lessor.
6. In the event the said option to purchase ie exercised, the price shall be reduced ^
the trade allowance on One Used Caterpillar D6 Tractor, aerial No. 5R 4209 SP and One Used
erpillar #112 Motor Grader, Serial No. 2M 674, of $5,000.00 made upon exeoution of lease
the amount of payments theretofore made.
7. It ie hereby ezpresaly agreed that the Leaeor shall not, in aryy caso, or under aryy
cumatancee, be held liable £or any lose or damage, or claims for lose or damage of axyy ki
character whatsoever, to persona or property or otherwise, arising Yrom or in any manner
with use or operation oY aaid machinery during the time it de in Leaeee's
arty and all lose or damage and claims Yor lose or damage are hereby epeoiYioally waived
Lessee, and se against the claims Yor lose or damage of third persona, Lessee binds and
igatee iteelY to hold Leaeor harmless.
8. It is also understood and agreed that Lessee will be re sponaible for any Highway
taxes eaaoted by the Stets or any subdivision thereof, Yor the operation oY this mac:
9. It ie further ezpresaly agreed and understood that if Leases avails iteelY of the
ion to purohaee aaid maohinery, ae herein provided, it will do so only oa oondition that
the time oY eaeroising aaid option to purohaea aaid maohinery, that (1) it shall have
for aa#d purpose moneys ourrently available whi oh it will then be larfully anti
to eapend, or (2) it ie lawfully entitled to incur the naoeesary liability for payment, or
the puroheae price or for the rent.
This lease ie eaeauted in quadruplicate originals the day and year set out above.
COUNT? OF KERB, TEKAS, LESSEE: Wm %. BOLT MACHIHSITY COMPANY
By: Julius R. Nevnhotter County Judge By D. L.
Byt~David Brewton Commissioner Preo. $1 Lessor
By: v. D. Powell Commissioner Prec. X22
By:..Adalph Bartel Commissioner Prea. 3
By: Roger Stone Commissioner Prso. 4
II.
THS 9TATS OF TEKAB
OOUHTYOP BSZAR THIS LEASE, made this the 16th day of July, 1959, betxaen Wm. %'. HOLT
MACHIHSITY 00., a Tease corporation, of San Antonio, Tezas, hereinafter called Leases, and t
County of %err, Tezse, a aunioipal corporation soling herein through its Commissioner' Cou
hereinafter eallsd Erases, WITNSSSETB:
That Whereas, the Leases requires: the ues of One Caterpillar $112 Motor Grader, Arr.
3F 7485, Serial No. 3Q 6608, With 2D 4156 Front Ylheels 3 Tires:, 2D 2595 Hear Tires, and SH
4770 Steering Booster in %err County, Tease.
HOW THEREFORE:
1. Lessor, 1n ooneideration of the payments of rentals hereinafter mentioned, hereby
leases to the Lereee:: One Caterpillar #112 Motor Grader, Arr. 3F 7485, Serial Ho. 3II 6608,
With 2H 4156 Front Wheels & Tires, 2D 2595 Rear Tires, and SH 4770 Steering Booster, for a
period commencing the 16th day of Jv1y, 1959, and ending the let day of July, 1964 for a
total rental of Sizteen Thousand Siz Hundred Thirty One and No Cents (=16,631.00) payable as
follows:
Trade Allowance for IIeed Caterp111sr X112 Motor Grader, Serial Ho. 3M 45, 13,000.00.
The remaining 113,631.00 payable as follows:
12,726.20 due sad payable July 1, 1960 together with interest at four and one-half psr
cent per annum oa 113,631.00 from date o£ lease agreement until date payment matures on July
1, 1960. 12,726.20 due sad payable July 1, 1961, together with interest at Pour and one-hal:
per cent per annum oa 110,904.80 from duly 1, 1960 until duly 1, 1961. 12,726.20 due and
payable July 1, 1962, together with interest at four and one-half per cent per annum on
18,178.60 from duly 1, 1961 until July 1, 1962. 12,726.20 due and payable July 1, 1963 to-
gether with interest at four and one-half per cent psr annum on 15,452.40 from July 1, 1962
until July 1, 1963. 1P,726.30 due and payable July 1, 1964 together with interest at four
and one-half per Dent par annum oa 12,726.20 iron July 1, 1963 nntil duly 1, 1964.
It ie further agreed that should ar{y of the above mentioned lease installment sbecome
peat due they are to draw interest at the rate of Your R one-half per Dent per annum. Lt ie
understood and agreed that all of said amounts specified are to be paid out of the Hoed &
Bridge Maintenanes Fund of Kerr County, Tease.
' 2. The lessee acknowledges receipt of acid agnipmeat in good order and condition and
obligates itself upon the eYpiratioa of this lease, in the event the option herein referred
to has not been eaeroiee~, or is the event that it shall default is the periormano• of aqv o
the terms, oovenant• and conditions hereof, the Lessor eleotr to terminals this contract as
hereinafter provided for, to thereupon dellver said machinery to Leeeor, freight prepaid, at
Lessor's warehoues in San Antonio, Bsaar County, Tezs[, in the same good order and oonditloa
as when received by Lessee, ordinary wear and tear only aoosptad.
3. Lesee• shall have the right to make as4y reasonable and larful qes of said machiner
and shell take reasonabl• and proper cars thereof, and shall at its own cost and ezpen.es mak
necessary repairs and replacements.
4. In the event of/~ault by Leaeee in the payment of rent, or otherwise, this lease
1 teriainats at the option of Lessor, and on it• demand, the machinery leased shall ba ~-
vered back to Leseor'e warehouse in San Antonlo, Bazar County, Tezse, transportation pre-
o.
5. Lessor hereby gives Lessee the option to purohaee said machinery in its then ooa-
ioa at any time during the term of this lease, or at it• temination, for the purohaee
oe of 3lateea Thousand Siz Hundred Thirty and 00/100 Dollars F.O.B. Kerr County, Tease,
s interest at the rate of Four # One-Half par Dent (4Yi) per annum on the unpaid balance
m the 16th day of July, 1959, until such purohaee price is paid, said purohaee price to bs
able is Dash or upon terms soosptabl• to the Leaeor.
6. In the event the Bald option to purohaee ie eaeroieed; the pries shall be reduced
the trade alloxanoa~on IIeed Caterpillar X112 Motor Oradsr, Serial Ao. 3M 45, of 13,000.00
• upon execution of lease and the amount of payments therefore made.
7. It ie hereby e:preeely agreed that the 1eeaor shall not, is axly case, or under aim
oumetanoee, be held liable for arty lose or damage, or claims for lose or damage of axq k
ohs ranter whatsoever, to persona or property or otherwise, arising from or in az{y manner "'
neoted with use or ope ratiott of said machinery during the time dt i^ is Lessee's posseeeio
arty and all lose or damage and claims for lose or damage are hereby epeoifically waived
Leaeee, and ae against the claims for lose or damage of third persons, Leaeee binds and
igatea itself to hold Leaeor harmless.
8. It ie also understood and agreed that Leaeas will bs responsible for axtiy Highway or
er taws exacted by the State or any subdivision thereof, for the operation of this maohin
9. It ie further ezpresely agreed and understood that if Leees• avails itself of the
don to purchase said machinery, ae herein provided, it will do eo only on condition that
the time of ezeroising said option to purohaee said maahinery, that (1) it shall have
,ilable for said purpose moneys currently available which it will than be lawfully entitlel
expend, or (2) it is lawfully entitled to incur the necessary liability for payment, or tk
~ohaas price or for the rent.
This lease ie ezsouted is quadruplicate origlnals this day and year set out above.
CUBTY OF KE$E, TEBA3, LE3SEE: wm K. HOLT MACHIHEBY CO.
By D. L. Leaeor
~ Julius H. Heunhoffer County Judge
avid Brewton Commieeionsr Pree. 1Y1
D. Poxell Commissioner Preo. 2
9olph Bartel Commissioner Prso. 3
oger Stone Comml esioner Preo.
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. 8355 APPOIHTMggT OF SETH PAGE A9 8858 COCHTY DOG CATCHER
Thin the 23rd day of July, 1959. Dame on to b• conaiderefl by the Court the appointment
Seth Page ae Special Deputy Sheriff, to assist in Dog Tag registration lax enforoemeat,
r a period oY one month from August let to September let, 1959. Motion duly made by Com-
aeioner Brewton, seconded by Oommieaioaer atone and u,.:trrmously approved that a salary of
D0.00 be paid Seth Page ae Kerr County dog catcher, payable out of Dog Tags Registration
o-o-o-o-o-o-o
8356 OBDEH AUTHOEIZIHO PAYMEAT TO HETA L. HHD0E3
This the 23rd day of duly 1959, Dame on to be considered the matter of oompenaation to
. L. Hedges for distress and hardship received from injury. Motion duly made by Commies-
~r Hrewton, seconded by Commissioner Bartel and unanimously approved that the County Cler