N0. 12617 r:ESOLUTI02d APPR0VZI7G AND AUTHORIZING EXECUTION OF CONTRACTS F0i2 PROFESSIONAL
SEi:VIC ES IN CONNECTIGIv' WITH THE YIIQANCING AND COI7STRUCTION OF AN ANNEX TO TI:E
COUNTY COURTHOUSE
THE STATE GF TEXAS Y
COUNTY OF KERP. ]
ON THIS the 8th day of Piarch, 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 COL?NTY JUDGE
r7. C. SCHSdETHELt4 )	C0NiNiI5SIONER,	Precinct	D7o.	1
CLINTON M. SALLEE )	COl/iMISSIONER,	Precinct	No.	2
AllOLPH BARTEL )	COMMISSIONER,	Precinct	No.	3
3OGER STONE )	COMMISSIONER,	Precinct	No.	4
and with the following absent: NONE
Caere the following:
constituting a quorum; and among other proceedings had;
The Presiding Officer submitted to the Court the following resolution for its considera-
tion and passage:
i7IiEREAS, in regard to a capital improvement project involving the construction of improve+
ments and an addition to the Kerr County Courthouse and Jail Building, the following parties
have provided professional services in connection with the Financing and construction thereof,;
to wit:
?>A2TY
Lester B. LVhitton, F-. E. and
A. B. Swank, FA IA, Association
sERVICE
Engineerin, and Architectual
hl. E. Allison & Co., Inc.
Dumas, Iluguenin, Boothman and Morrow
Financial Advisor
Legal
AI7D, WHEREAS, this Court hereby finds and determines that the respective contracts with
the aforementioned parties should be ratified, confirmed, and approved, so as to permit all
or a portion of such contracts to be paid with funds realized from the sale of $250,000 "Kerr
County, Texas, Certificates of Obligation, Series 1976", rather than caith other funds of the
County heretofore appropriated and budgeted for such purposes; now, therefore,
BE IT RESOLVED BY TFIE C0bINiISSI0NEit5` COURT Or KEni~ COUNTY, TEXAS:
SECTION 1. That each o£ the contracts for professional services by and between Kerr
County, Texas, any? (i) Lester B. ~.^lhitton, P. E. and A. B. 5caank, FAIF., Association (enrineer-
inn and architectual) (ii) P1. E. Allison & Co., Inc. (financial advisory) and (iii) Dumas,
Huguenin, Botohman and biorrora (le~~a1) are hereby approved, confirmed and ratified, such
contracts being as follocas:
LESTE;2 B. '~-7IiTTT0N
FIRST NATIONrIL BANK BUILDING
S UITE 249
PHONE 512-257-4422
IIONORABLE COUNTY JUDGF. AND CO:ib1ISSI0NEitS' COURT
KERR COUNTY
k:ERRVILLE, TEXAS
PLAIv'NIPIG CON5UL'PANTS
DES IGIJER5 ---- EI7G INEERS
KEttRVILLE, TEXAS 78025
8 P-arch 1975
Re: Amendment to Agreement between Architect and Owner
dated 16 November 1973 for annex to Kerr County Court House
Gentlemen:
1. The Architect's fee for the revision of the Contract llocuments for the 47ork in accordance
with the provisions of Court Order No. 12471, issued by the Court on 11 Aurust 1975, will be
$ 21, 87.2.
2. Unless ±he scone of the work is chanted substantially from that now contemplated, our
fee for the Biddinn arnit7ec;otiating Phase will be $4,179, and for the Construction Phase the
fee will be $16,718, or a total of $20,897 for the Bidding-ATegotiating and Construction Fhases
of the Work.
3. Paragraph 6.1.2 of the referenced Agreement is amended accordingly.
Respectfully submitted,
A. B. Swank FAIA & Lester B. Whitton PE
Architect & Engineer
By /s/ Lester B. Whitton
ACCEPTAi1CE CLAUSE
The above and forenoing is hereby in all things accepted and approved by the Commissioners'
Court of Kerr County, Texas, this, the Bth day of March, 1976.
/s/ Julius R, Neunhoffer
County Judne
ATTEST:
/s/ Emmie Di. D?uenker
County Clerk
(Seal)
l~iarch 3, 1975
SIONO:tABL, C0UY7TY JUDG iilv"D COf~!I~IISSIONEKS' C0Uf2T
Y.ERR COUNTY
F:ERRVILL":, TEXAS
Gentlemen:
It is our understanding that your County is contemplatinc* the issuance of approximately
$250,000 Certificates of Obligation for the payment of certain construction and that you
desire professional services in the capacity of Financial Advisor to the County,
By this proposal we offer our professional services and facilities as Financial Advisors and
agree to perform all the duties normally performed by such agent or advisor in the issuance
of the Certificates of Obligation referred to above.
IIy acceptance of this proposal you agree to proceed with diligence in all matters necessary
to assure completion of the project within a normal and reasonable length of time.
In consideration for the services rendered by us, it is understood and agreed that your County
will pay to us a fee in the amount of $12,000,00, It is understood that the fee includes
the amount due us for professional services in connection with the issuance of the $860,000
General Obligation Bonds.
The services we are to perform shall include the following and such other duties as, in our
judgement, may be necessary or advisable:
(a) To make a study of the debt structure of the County, its sinking fund regUirements and
capabilities, the trend of its assessed valuation, and its present and estimated future taxing
power and production; and on the basis of such study to devise and recommend for your approval
a plan of financing to cover the requirements of the »roject,
(b) To coordinate and cooperate with the efforts of your Consulting Architects and Bond
Counsel to assure the efficient accomplishment of all action necessary to the issuance and
delivery of the Certificates in accord with the intended elan as approved by you,
This firm assumes no obligation to pay any legal fees or expense of litigation.
It is understood and agreed that you and the Officials of the County will cooperate with your
-, _ _ _ _ _ _
i
Bond Attorneys in the prompt passage of all necessary orders and resolutions, and in the
completion of all certificates required in the issuance of the Certificates of Obligation.
Compensation due M. E. Allison & Company, Inc., shall be paid in cash when such Certificates
of Cbliaation are issued, approved and outstanding.
Pa~:e 2
This proposal is submitted in trii~licate. ?~~hen accepted by you, it caill constitute the
entire acrreement between your County and the undersi~med, for the nur,~oses and considerations
herein specified. Your acceptance will be indicated by the signature of your County Judge,
attested by your County Clerk on all copies, and returning} two executed copies to us
Respectfully submitted,
I~^. E. ALLISON & COI.IFANY, INC.
By /s/ Floyd it. Westerman
Authorized Representative
ACCEPTANCE CLAliSE
The above and foregoing is hereby in all things accented and a. proved by the Commissioners'
Court of Kerr County, Texas, this, the 8th day of March, 1976.
/s/ Julius R. Neunhoffer
County Judge
ATTEST:
/s/ Emmie Ni. I•iuenker
County Clerk
Seal)
Lt"~W Or'L'ICE:i
DUh:iiS, IITJGIIENIi7, BGOTIII•9A2d Ai7D I4ORROlI
~). i'. DTJLItiS (1<^•90-1947)
BZY'C;d ~iUGtiENIN 121 2 I:TI:BY BIIILDING
CLAUIJ O. 3O0TH2/IAN DtiLLiiS, TE`.;;iS 75201
ELBE!ZT I~. ?IORROl7
March 2, 1976
ED H. E;~uL3IVEL
To the Honorable County Jude and
Commissioners' Court of Kerr County, Texas
IN 3E: Kerr County, Texas - $860,000 Ceneral Obligation Bonds, and
250,000 Certificates of Obligation,
Series 1976
Gentlemen:
TELEPHONE
741-3458
11I2EA CODS 214
Tt is understood that the Commissioners' Court contemplatPS the issuance of Certificates of
Obligation to provide additional funds to ncrmit the Court to a~.aard a contract for the con-
struction of an annex to the Courthouse 2nd Jail Building in a manner that caill enable jail
facilities to be added thereto in the future at less crest tc the County. Should the Court
proceed o=ith the issuance and sale o£ said certificates, it is also understood that the amount
of certificates to be issued and sold for cash is to include a sum sufficient to pay the
ler*al services rendered by this firm.
Per and in consideration of the le~,~al services performed in Connection with the issuance and
sale of the above mentioned securities, our Coe would T,e $3,000.00. Such fee inclucPS our
out-of-pocket expenses and would he tie total amount of compensation to be paid us ilpon
delivery of the above mentioned certificates.
The teal services covered },y aforementioned fee are these customarily performed by bond
counsel and inelnr?e the ;reparation o£ all documents and proceedings necessary for the author-
zation, issuance and delivery o£ said securities. It should be understood, however, that
,.
such fee roes not cover any legal services which minht be required in regard to any litication
which might affect the issuance or delivery of said obligations, nor does said fee cover any
legal services for the refunding of the above mentioned certi_ficiates of obligation into bonds.
Should the above fee he satisfactory to the Court, is is requested that your approval be noted
at the bottom of this letter and one cony of same be retainod for your records and one copy
thereof be returned to us.
Vary truly yours,
DUMAS, HUGUENIN, BOOTIII•iAN AND I•SORROYd
By /s/ Ed H. Esc;ttivel
APPROVED by the Commissioners' Court of Kerr County, Texas, this the 8th day of March, 1976.
/s/ Julius R. Neunhoffer
County Judge, Kerr County, Texas
ATTEST:
/s/ Emmie N1. Muenker
County Clerk, Kerr County, Texas
(Comm. Crt. Seal)
and the County Judge and County Clerk are hereby authorized and directed to execute each of
said contracts for and on behalf of Kerr County, Texas, and as the act and deed of this
Commissioners' Court.
SECTION 7. That the sum total of said contractual obligations appearing in Section
1 hereof is hereby recognized and acknowledged to be $57,718, and provision for payment of
the same is hereby authorized and directed to be made in the following manner, to wit:
$57,100 with monies realized by the County for the sell of $154,000 "Kerr County, Texas,
Certificates of Obligation, Series 1976", and
$ 618 c•;ith current funds of tiro Co~.znty lenall~~ available and unappropriated for any
other purpose,
and all of such monies and funds are hereby appropriated and set aside to _~ay said contractual
obligations and shall he used for no other purpose.
* * * ~;
The above resolution and order having been read in full, it was moved by Commissioner
Sallee and seconded by Commissioner Schwethelm that the	same be passed	and adopted. Thereupon,	
the question being called for, the County Judge put the	motion to a vot	e of the members of	
the Commissioners' Court, and the motion carried by the	following vote:	County Judge	
Neunhoffer and Commissioners Schwethelm, Sallee, Dartel	and Stone voted	"AYE"; and none voted	
			
"NO".			
The County Judge declared the motion carried and t	he order passed,	and the Clerk was	
instructed to record same i_n the proper Minutes of the	Court.		
PASSED F.DID APPROVED, this the 8th day of March, 1976.
/s/ Julius R. Neunhoffer
County Judge, Kerr County, Texas
ATTEST:
/s/ Emmie bl. I•iuenker
County Clerk, Ferr County, Texas
(Comm. Crt. Seal)
J
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