NO. 12580 MINUTES READ AND APPROVED On this the 12th day of January 1976, upon motion made by Commissioner Bartel, seconded by Commissioner Sallee, the Court unanimously approved the Minutes of the Commissioners' Court of Kerr County, Texas, from pages 44 thru 45, Volume O. o-o-o-o-o-o-o-o-o-o COURT RECESSED JANUARY 12, 1976 at 11:45 o'clock A. M. o-o-o-o-o-o-o-o-o-o A motion was made by Commissioner Stone and seconded by Commissioner Bartel that Commissioners' Court recess until 10:00 o'clock A. M., Thursday, January 15, 1976. Said motion was unanimously approved by the Court. o-o-o-o-o-o-o-o-o-o COURT RE-CONVENED JANUARY 15, 1976 at 10:00 o'clock A. M., with the following officers present: Julius R. Neunhoffer County Judge W. C. Schwethelm Commissioner Precinct No. 1 Adolph Bartel Commissioner Precinct No. 3 Roger Stone Commissioner Precinct No. 4 and the Court having duly opened, the following proceedings were had: NO. 12581 RESOLUTION AND ORDER APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE CONTRACT PROPOSED TO BE LET FOR THE CONSTRUCTION OF AN ANNEX TO THE COUNTY COURTHOUSE THE STATE OF TEXAS Y COUNTY OF KERR X ON THIS, the 15th day of January, 1976, the Commissioners' Court of Kerr County, Texas, convened in regular session at the regular meeting place of said Court in the Courthouse at Kerrville, Texas, the meeting being open to the public and notice of such meeting having been given in advance as prescribed by Article 6252-17, Section 3A, V.A.T.C.S., with the following members of the Court being present and in attendance, to wit: JULIUS R. NEUNHOFFER W. C. SCHWETHELM ADOLPH BARTEL ROGER STONE COUNTY JUDGE COMMISSIONER, Precinct 1 COMMISSIONER, Precinct 3 COMMISSIONER, Precinct 4 and with the following absent: Clinton M. Sallee, Commissioner, Prec. 2 constituting a quorim; and among other proceedings had were the following: The Presiding Officer submitted to the Court the following resolution and order: WHEREAS, the final plans and specifications for the construction of an Annex to the County Courthouse have been submitted to this Commissioners' Court for approval by the Architects; and WHEREAS, it is now proper for this Court to approve said plans and specifications and authorize the Architects for said project to proceed with the advertisement for bids for the construction contract proposed to let; therefor, BE IT RESOLVED AND ORDERED BY THE COMMISSIONERS' COURT OF KERR COUNTY, TEXAS: SECTION 1: That the plans and specifications prepared by A. B. Swank and Lester B. Whitton, Architect and Engineer, for the construction of an Annex to the County Courthouse are hereby approved and copies of such plans and specifications are hereby directed to be filed with the County Clerk of Kerr County, Texas, for public examination and inspection without charge. SECTION 2: That the aforesaid Architect and Engineer are hereby authorized and directed to proceed with advertisement for bids for the contract proposed to be let by the County. Such advertisement for bids (the form and content of which is hereby approved) shall read ~` substantially as follows: ADVERTISEMENT FOR BIDS SEALED PROPOSALS will be received by the Commissioners' Court of Kerr County, Texas, Commissioners' Courtroom, Co. Courthouse, Kerrville, Texas, until 2:00 P. M. on the 3rd day of March, 1976, for a contract proposed to be let by the County, for the construction of an Annex to the Kerr County Courthouse, Kerrville, Texas. At such time and place all proposals received will be publicly opened, read aloud and referred to the County's Architect for tabulation, checking and evaluation, and final award of a contract is proposed to be made on the 8th day of March, 1976, by the Commissioners' Court convened at its regular meeting place in the County Courthouse at a meeting scheduled to begin at 10:00 o'clock A. M. PLANS AND SPECIFICATIONS may be examined without charge at the office of the County Clerk, County Courthouse, Kerrville, Texas, and at the offices of A. B. Swan Y., FA IA and Lester.. B. Whitton, PE, Architect and Engineer, at 4310 F Westside Drive, Dallas, Texas, and 249 First National Bank Building, Kerrville, Texas, respectively. Copies of such instruments may be obtained from either offices of the aforementioned Architect or Engineer, upon deposit of $100.00 as a guarantee of the safe return oŁ the documents in good condition. Upon the return of the documents to the offices of the Architect or Engineer by non-bidders prior to the time set For the opening of bids, or by bidders who do not submit a bona fide proposal, the deposit will be returned less cost of printing. Each bidder submitting a deposit will receive two (2) sets of plans and specifications. THE SUCCESSFUL BIDDER for the contract will be required to furnish a performance bond and payment bond, each in the full amount of the contract price, written by a responsible surety company authorized to do business in the State of Texas, and satisfactory to the Court as required by Article 5160, V.A.T.C.S. Attention of bidders is also directed to the pro- visions of Article 5159a, V.A.T.C.5., requiring that not less than the general prevailing rates oŁ per diem wages for work of similar character in the locality where the work is per- formed shall be paid all laborers, workmen and mechanics in the construction of public works. EACH PROPOSAL shall be accompanied by a cashiers check, a certified check, or an accept- able bid bond in an amount not less than 5% of the maximum amount of the bid and payable to the County Judge of Kerr County, Texas, as a guarantee that if awarded the contract, the bidder will promptly enter into a contract and execute such bonds as are required. No bid may be withdrawn for 30 days after the time set for receipt of the proposals. The bidders will notify their suppliers and subcontractors that this project is exempt from all City and State sales taxes. BIDDERS are expected to inspect the site of the work and to inform themselves of all local conditions, and carefully examine the plans, specifications and other documents. Should a bidder find discrepancies in, or omissions from, the plans, specifications or other documents, or should he question their meaning, he should at once notify the Engineer and obtain clarification prior to submitting any bid. In case of ambiguity or lack of clarity in stating the contract price, the County reserves the right to consider the most advantageous construction thereof. In addition, the Commissioners' Court of Kerr County, Texas, reserves the right to waive any informality in or to reject any and all bids. THE COMMISSIONERS' COURT KERR COUNTY, TEXAS /s/ Julius R. Neunhoffer .... County Judge SECTION 3: That in addition to the circulation of the advertisement for bids to be made by the Architect and Engineer, the County Clerk of Kerr County, Texas, is hereby authoris- ed and directed to cause said Advertisement for Bids to be published once a week for two consecutive weeks in a newspaper of general circulation in Kerr County, Texas, the date of the first publication to be at least fourteen (14) days prior to the date set for the receipt of bids for said contract. * * * * ,r The above resolution and order having been read in full, it was moved by Commissioner Schwethelm and seconded by Commissioner Bartel that the same be passed and adopted. Thereupon, the question being called for, the County Judge put the motion to a vote of the members of the Commissioners' Court, and the motion carried by the following vote: County Judge Neun- hoffer and Commissioners Schwethelm, Bartel and Stone voted "AYE"; and none voted "NO". The County Judge declared the motion carried and the order passed and the Clerk was instructed to record same in the proper Minutes of the Court. PASSED AND APPROVED, this the 15th day of January, 1976. /s/ Julius R. Neunhoffer County Judge, Kerr County, Texas ATTEST: /s/ Emmie M. Muenker (Seal) County Clerk, Kerr County, Texas o-o-o-o-o-o-o-o-o-o NO. 12582 ORDER REQUESTING CHAS. SCHREINER BANK, TRUSTEE OF THE CHARLES 5CHREINER ROAD FUND, TO MAKE EXPENDITURE OF ACCRUED EARNINGS FOR THE PURPOSE OF ACQUIRING KIGHT OF WAY FOR STATE HIGHWAY 16 IN KERR COUNTY On this the 15th day of January, 1976, came on to be heard and considered by the Court, acting in its canacity as Advisory Trustees of the Charles Schreiner Road Fund, pursuant to judgment entered in Cause No. 6127 on the docket of the Second Thirty-eighth District Court of Kerr County, Texas, the matter of advising the Chas. Schreiner Bank of Kerrville, Texas, Trustee of the Charles Schreiner Road Fund, as to the purposes for which earnings of said Trust Fund which have accrued during the year 1975 might be expended in furtherance of the purposes for which said trust is created; And it appearing to the Court that accrued earnings from said Trust Fund for years prior to 1975 have been heretofore paid over to Kerr County pursuant to the provisions of said trust for the purpose of aiding in financing the cost of right of way procurement for the reconstruction of a portion of State Highway 16 south of Kerrville as is more particularly set forth in Order No. 11,394 of the Court as entered on August 9, 1971. And it further appearing to the Court that the anticipated costs of procuring said right of way exceed the total funds currently available for expenditure by Kerr County for this purpose, it is ordered on motion by Commissioner Stone, seconded by Commissioner Bartel and unanimously approved by the Court that the Commissioners Court of Kerr County, acting in its ., capacity as Advisory Trustee of the Charles Schreiner Road Fund, hereby recommends that the Chas. Schreiner Bank of Kerrville, Texas, Trustee of the said Charles Schreiner Road Fund, expend such funds as shall accrue as the earnings of said fund for the year 1975 for the