It is therefore ordered that pursuant to authority oontained'in Article 2368a, vernon'e Texas Civil Statutes as amendefi by the Aots of the 52nd Legislature, Paga 281, Chapisr 164, Section 1, the Court proceed immediately and without further delay to enter into the nedese- ary contracts for the immediate repair of said damages to said Dam 31te D and Flat Hook Dam and issue the necessary time warrant• to finance the oonetruotion costs of n.e oeeeary repairs together with all neoeeasrily related engineering on ate, said time warrant• to be known as 1959 Flood Control Emergency Repair Warrants, provided that the total amount of such warrant to be issued shall not exceed 540,000.00, and shall bear Sntereet at the rate of five (59~) percent per annum, with the interest payable thereon annually se it accrue e, and shall be ih denominations oY not more than 14,000.00 each and dated November 16th, 1959, and shall matur is amounts of not more than 14,000.00 per annum, plus the soorued•intereet, none to mature later than November 1, 1969, with the right of retirement at any time prior to maturity dat• being eapraealy reserved to Rerr County, said warrants to be numbered aerially beginning wit No. 1, and St ie further ordered that payments of interest and principal on ouch warrants she 11 bel, made first from otherwise uncommitted revenues accruing from the existing fifteen cent per 1100.00 valuation Flood Oontrol Levy, and any reaaiaixig annual requirements eha 11 be paid out of the County Permanent Improvement, General or other authorised tax funds. Motion duly made by Commissioner Brewton, seconded bq Commissioner Bartel and approved by the Court to repair Flatrook Dam and issue Warrants. o-o-o-o-o-o-o A0. 8408 ORDER ACCEPTING PROPOSAL OF ALLEN SELLER COMPANY TO REPAIR FLATHOC% DAM On this the 31st day of 0atober, 1959, ~by notion duly made by Commissioner Brewton, seconded by Commieeloner Hertel, the Court unanimously approved the following: YROPOEAL to COUNTY OF KE$R (OWNER) forthe repair and. reaonetruotioa of Flatrook Dsa in SERB COUNTY, TEYAS Tha undersigned, ae bidder, declares that the only person or parties interested in this proposal ae principals are those named herein; that this proposal ie made without collusion with aryy other person, firm, or corporation; that he has carefully examined the form of con- tract, Notice to Contractors, epeoifioations, and the plans therein referred to, and has car fully eaamined the locations, conditions and classes of materiels of the proposed work; and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to oonstruotion, and will do all the work and furnish all the materials called for in the contract and epeoifioations in the manner prescribed therein and according to the requirements of the Engineeer ae therein set forth. It ie undaretood that the following quantities of work to be done at unit prices ere approximate only, and are intended principally to serve as a guide in evaluatiAg'bids. It is further agreed that the quantities of work to be done at unit prices and to be furnished may be increased or diminished ea may be considered necessary, in the opinio of the Engineer, to complete the work fully ae planned and contemplated, and that all quanti ties oY work, whether increased or decreased are to be performed at the unit prices set fort except below/ae provided for in the epecifioati one. It 1a further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer, but not shown on the plane or required by the SpeoiPi cations, in eeoordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work eo ordered. It ie understood end agreed that the work ie to be completed in full within forty-five working days after Lhe date stated in the work order on which work ie to be commenced, Thirty-Three Thousand Thre• Hundred Twenty & No/100 Dollars (133,320.00). The unit prices are ae follows: 1. Compacted enbanl®ent, per eu. yd. in place 0.42 2. Common baakfill, per ou. yd. in place 0.24 3. Conorete elope protection (including the steel reinforcing) per eq. yd. 6.00 4. Roak ezoavation per cu. yd. 10.00 5. Conorete for toe ditch, per cu, yd. 36.00 6. Care & diversion, lump avm 500.00 ALLEN KELLEH COMPANY By Allen Keller President (Contract in Commieaioner'e Court file in County Clerk's Office) o-o-o-o-o-o-o 8409 ORDER AUTHO$IZING WUNTY NDGE TO EXECIITE CONTRACT WITH ALLEN KELLEH COMPANY On thin the 31st day of October, 1959, all the members of the Court being present, came to be heard and considered the matter of repairing flood - - -damages to Flatrock Dam ,., on Dam Site D, and It appearing to the Court that there presently eziete an amergenoy which requires im- mediate repairs to said dam eo ae to prevent irreparable damage to County property and immed- iate action to protect the public health and to protect public sad private property from further threats of catastrophic damamee. It is therefore ordered and decreed that an amergenoy dose in Yaot eziet and it further appearing to fie court that after due study and ooneideratioa the oYfar of the Allen Keller Company for the repair and re construction of said dam ie fair and reaeoaaDla and calculated to +d,l eviete the existing emergency, and there being nox presented to the Court a Fora of pro- posed cont rant with Allen Keller Company ae Contractor, and County oY Kerr ae Owner, which form was read and the provisions thereof duly considered and after some discussion, on motion by Commissioner Brewton, seconded by Commissioner Powell, the following resolution was pa seed unanimous vote: RESOLVED that Julius R. NeunhofYer, County Judge of Kerr County, Texas, be and he ie ereby authorized for and on behalf oY the County of Rerr, State of Tezae, to enter into a ontract Por the repair and reconstruction oY Flatrock Dam with Allen Keller Compaxly, such ontraot to be in Yorm and substance eubetantia lly as the form of aontraat presented to the eating, and to ezeauta and deliver Por and in behalf of the County of Kerr to Allen Keller ompaay as maxty counterparts of such oont raot ae in hie opinion may appear advisable and the ounty Clerk of Karr County, Texas, ie hereby directed to attest such oont rant and affiz the sal of the County thereto. o-o-o-o-.o-o-o-o COURT ADJOURNED at 11:50 o'alook A. M. November 7th, 1959• o-o-o-o-o-o-o-o The foregoing pages Prom 297 to 302 inclusive were read in Open Court and found correct are hereby approved, this the 7th day of November A. D. 1959. eT~xae n y u ge, err ounty, e e o-o-o-o-o-o-o-o