the said nertlPie d P11 ing is as a matter oP law subject to oancellation for non use, and it further appearing that no use flil purpose would be served by requiring the State Board oP Water Eng Sneers to give notice and hold a publio boating to effect s oancellation oP said certified filing, it is therefore Ordered on motion by Commissioner Powell, seconded by Commisaloner Stone and unanimously approved by the Court that the County Judge be authorized to execute a oancellation waiver for Kerr County on the form provided by the Board oP Water Engineers of the State of Texas, and that the Clerk oP this Court prepare a certified copy oP this Order for the reaorda of the said Board, o-o-o-o-o-o-o N0, 8906 ORDER REFUNDING E. B. LOVE OVERPAYMENT OF 1960 COUNTY AD VALOREM TAXES On this the 10th day oŁ July Y961, came on to be heard and considered by the Court the matter of an overpayment of 1960 ad valorem taxes made by E. B. Love of Mountain Home, Texas due to a clerical error made on the 1960 Tea Roll of Kerr County, and St appearing to the Cour' that the overpayment made as a cones quanta of such error, aonatitute Punda mistakenly received by Kerr County and that such overpayment having been mistakenly depoa ited by the Treasurer of Kerr County Sn the various Punde of Kerr County did not at any time lawfully belong to such Sunda, and it further appearing to the Court that the Attorney Gemral of the State of Texas has Sn effect so ruled in Opinion No. 0-2083; it Ss therefore Ordered on motion by Commissions: Stone, seconded by Commies Saner Bartel and unanimously approved by the Court that the County C]e rk and Treasurer be authorized and directed to draw a voucher in favor oP E, B. Love, on th following funds for the amounts shown, which total $99.00, said total amount representing the portion of 1960 ad valorem tease erroneously soils cted from E. B. Love, which were deposited in the various Punch of Kerr County: Jury Fund ~ 3,60 Flood Control Sinking Fund 8,10 General Fund 52.20 Flood Control Mainte aano• Fund 5,40 Permanent Improvement Fund 1},50 Airport Maintenance Fund 2.70 Agriculture Exhip. Bldg. Fund 9.00 FM & Lateral Road Fund 13.50 TOTAL $99.00 o-o-o-o-o-o-o N0. 8907 TRANSFER OF $10,000.00 FROM ROAD & BRIDGE TO GENERAL FUND On this the 10th day of July 1961, oame on to be heard and cone idared by the Court the matter oP transferring the sum oP $10,000,00 Prom Road & Bridge to General Fund, and on motion made by Commissioner Bartel, seconded by Commissioner Stone and unanimously approved by the Court that the County Clerk and Treasurer be and are hereby directed to Iran afar the said dum on their respect ivs books. o-o-o-o-o-o-o N0. 8908 TRANSFER OF X1}500.00 FROM GENERAL TO OFFICERS SALARY FUND On this the 10th day of July 1961, came on to be heard and oonsidered by the Court, the matter oP transferring the sum oP $ay500.00 from General to Officers Salary hind, and oa motion made by Commissioner Stone, seconded by Commissioner Schwethe lm and unanimously approved by th Court that the County Clerk and Treasurer be and are hereby direated tot ransfer the said sum on their respective records, o-o-o-o-o-o-o N0, 8909 APPORTIONMENT OF $5000.00 FROM ROAD do BRIDGE FUND This the 10th day of July 1961, after motion made by Commissioner Stone, duly seconded by Commies io net Powell and approved by the CourL,_ that the County Clerk and Treasurer be, and are hereby direated to apportion the following amounts out oP Road & Bridge Fund to the reapeotivs Com,nisai onare~ Precinots ae follows: Road & Bridgs Precinct 1 1700.00 Road & ~idgs Prenlnct 2 900,00 Road & Bridge Precinct 3} 800.00 Road & Bridgs Precinat 4 1600.00 °-o-o-o-o-a o ~ ^, COURT RECESSID at $:l$ o~clock P,M. until 2:.30 P. M. on July 11th, 1961 o-o-o-o-o-o-o COURT RECONVENED at 2:30 o~clock P, M. on July 11th, 1961, with ell offices present, the Court having duly opened, the following prooee dingo were had: o-o-o-o-o-o-o N0. 8910 ORDER GRANTING KERRVILLE INDIANS BASEBALL CLUB AUTBORITY TO 115E PART OF AGRICULTURSL EXHIBITION BIIILDI Px} GROiHCDS On this the 11th day of July, 1961, oama on to be heard and co naidered by the Court the request oP the Kerrville Indians Baseball Club to use a portion of Agriaultural Livestock Exhibition Building grounds for the pvrpoae of conetruating a beaeball diamond and utilizing the same for community beaeball games, and it appearing to the Court that the Kerrville Inds Baseball Club ie s non-profit aommunity organization xhoae function is to provide recreation eat iv itiea for the youths and adults of the oommunity group which it repreaenta; and it fort appearing to the Court that such thnctions are use 1111 to the community and are worthy of en- couragement in the publio xelPare. On motion made by Commissioner Schxethelm and duly. seconded by Judge Neunhoffer, the fo oxing Order was adopted by a majority vote, with Commiasi meta Sohwethelm, Bartel and Judge NeunhofPer voting Aye, and Commissioners. Stone and Powell voting No. That the Kerrville Indians Baseball Club of Kerrv Llle, Tsxae, be authorized to use imately four acres of land comprising the so uthermost portion of that part oP the Agricultural Exibition Dail ding grounds lying between State Highway 27 and the Old San Antonio Highway, said use to be for amusement and recreational purpoaae only and subject to the following terms and condltiona: 1. The Club shall be permitted to oonatruct a baseball diamond together xith seating facilities and other necessary appurtenances. on the premises. 2. During such time sa the area ie actually Sn use by the Club, the Club shall have authority to control entrance by the publio. into the portion oP the Agricultural Exhibition ^ Building grounds lying between State Highway ZT and the Old San Antonio Highway and East oP the present roadway paralleling the lines oP the Kerrville Telephone Compaxry, This control shall be effected by the Clubs erect ion of a suitable barr let to vehlo ular traffic on s line parallel to the road aroasing the grounds, and such dlatance Prom the road as the Commissioner Court may direct. Entrance into the area under control of the Club shall be by a new entrance eatablia had through the existing fence line on the North aide of the Old San Antonio Highway, 3. Vehicular traffic xlthin the area of controlled entrance shall be kept to a minimum and oonfined to roadways and parking erase whioh the Club shall eatabliah and mark. 4. Nothing in this Order shall be construed ae authorizing the ereotion of fences design ed to aonat itute visual barriers to apectntore and it is expressly understood that spectator control shell ba effected by control oP persons entering the area through the one authorized entranoe on the Old San Antonio Highway, ~~ 5. Kerr County reserves the right. to terminate the authority of usage herein granted b9 order of its Commisaione rs Court at any time xith or without spec Sfic cauas and the Commiesi ere Court shall Ln no way incur nny liability for the exercise oP its discretion in th la mat Upon att order oP termination, the Club shall have 30 days to remove any and ell improveme me made oa the premiasa and restore the premix ea to their original condition.