THE STATE OF TEXAS ~
COUNTY OF KERR X
11th day of April 1983, at 10:00
Term of the Commissioners' Court,
GORDON S. MORRISS
FRED HOLLAND
EDWARD D. HIGGINS
VICTOR LICH
BILLY JOE GUTHRIE, JR.
and the Court having duly opened,
N0. 14997 ORDER DESIGNATING THE
BE IT REMEMBERED that there was begun and holden on the
o'clock A. M., in the City of Kerrville, Texas, a Regular
with the following officers present:
County Judge
Commissioner Precinct No. 1
Commissioner Precinct No. 2
Commissioner Precinct No. 3
Commissioner Precinct No. 4
the following proceedings were had:
COUNTY DEPOSITORY
On this the 11th day of April, 1983, came on to be heard the matter of designating
the County Depository; and it appearing to the Court that the Bank of Kerrville has been
previously selected as the County Depository for county funds for a two year period in
compliance with Article 2546, Vernon's Revised Civil Statutes, it is ordered on motion by
Commissioner Higgins, seconded by Commissioner Holland, and unanimously approved by the
Court that the Bank of Kerrville, Kerrville, Texas is designated as the official depository
for county funds for the two year term as set out in applicable statutes.
It is further ordered by the Court that the County Treasurer immediately transfer to
said depository all the funds belonging to Kerr County, and further that all funds belonging
to any district or other subdivision be transferrd to said depository; and thereafter,
deposits be made to the credit of said county, district or other subdivision pursuant to
Article 2549, V.R.C.S.
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(See Pages 305-306)
N0. 14998 RESOLUTION APPROVING PROJECT WITH RESPECT TO KERR COUNTY INDUSTRIAL DEVELOPI,SENT
CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (H. E. BUTT GROCERY COMPANY
PROJECT) SERIES 1983 AND APPROVING AGREEMENT BY KERR COUNTY INDUSTRIAL DEVELOP-
MENT CORPORATION TO ISSUE SUCH BONDS FOR H. E. BUTT GROCERY COMPANY
WHEREAS, the Kerr County Industrial Development Corporation (the'Tssuer") was
created by Kerr County, Texas (the "Unit") pursuant to the provisions of the Development
Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act");
and
WHEREAS, pursuant to the Act, the Issuer, on behalf of the Unit, is empowered to
issue bonds for the purpose of defraying the cost of any "project" defined as such by the
Act;
WHEREAS, the Act defines "project" to include land, buildings, equipment, facili-
ties, and improvements that are (i) located in a federally designated economically depress-
ed county of less than 50,000 persons according to the last federal decennial census, and
(ii) found by the board of directors of the Issuer to be required or suitable for the pro-
motion of commercial development and expansion and in furtherance of the public purposes of
the Act, or for use by commercial enterprises;
WHEREAS, the Unit has been designated as a economically distressed county by the
Economic Development Administration, a federal agency; and the Unit has less than 50,000
persons according to the last decennial census;
LdHEREAS, H. E. Butt Grocery Company, H. E. Butt Store Property Company No. One,
H. E. Butt Store Property Company No. Two, and/or H. E. Butt Store Property No. Three (the
"User") has requested the Issuer to finance the cost of a project (the "Project") consisting
of certain land, buildings, equipment, facilities, and improvements within the boundaries
of the Eligible Blighted Area; _
WHEREAS, there has been presented to the Commissioner's Court (the "Governing Body")
of the Unit a description of the Project, a copy of which is attached hereto as Exhibit A;
4IIIEREAS, the board of directors (the "Board") of the Issuer has, by a Resolution
Concerning Issuance of Bonds to Finance a Project for H. E. Butt Grocery Company adopted
January 14, 1983 (the "Issuer Resolution"), agreed and declared its intent to issue its
limited obligation revenue bonds pursuant to the Act and such other statutes as may provide
authority therefor, to finance the costs of the project and in the amount set forth in the
Resolution for the benefit of the User;
WHEREAS, the Unit finds and declares that the action of the Board approving the
Issuer Resolution should be approved and is in the best interests of the inhabitants of the
Unit for the reasons therein set forth; and
WHEREAS, it is deemed necessary and advisable that this Resolution be adopted.
THEREFORE, BE IT RESOLVED BY THE COMi1ISSI0NER'S COURT OF KERR COUNTY, TEXAS THAT:
Section 1. Based upon the representations made to the Governing Body by the User,
it appears and the Governing Body hereby finds that:
A. The Project will contribute significantly to the fulfillment of the redevelopment
objectives of the Unit; and
', B. The Project is in furtherance of. the public purposes of the Act.
Therefore, pursuant to Rule 103.04.01.002(b) (10) (A) (4) (B) of the Commission, the Governing
Body approves the Project in substantis.lly the form set forth in the description of the
', Project attached hereto as Exhibit A.
Section 2. The approval of the Project herein given is in accordance with the
provisions of the Act and the rules of the Commission and is not to be construed as any
undertaking by the Unit, and such bonds shall never constitute an indebtedness or pledge of
the Unit, or the State of Texas, within the meaning of any constitutional or statutory pro-
~I vision, and the holder of such bonds shall never be paid in whole or in part out of any
funds raised or to be raised by taxation or any other revenues of the Issuer, the Unit, or the
State of Texas except those revenues assigned and pledged by the Resolution.
l Section 3. The Issuer Resolution, as adopted by the Board, agreeing and declaring
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an intent to issue limited obligations revenue bonds for the purposes and in the amount set
I forth in the Resolution is hereby approved.
Section 4. The County Judge, County Commissioners, and County Clerk of the Unit
and the other officers of the Unit are hereby authorized, jointly and severally to execute
and deliver such endorsements, instruments, certificates, documents, or papers necessary and
advisable to carry out the intent and purposes of this Resolution.
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A motion was made by Commissioner Guthrie. to approve the Resolution and agreement by Kerr
County Industrial Development Corporation for Issuance of Bonds and to change the wording
in the fifth paragraph of Page one from "Eligible Blighted Area" to "Economically Depressed
Area", if permitted by regulation; and if not, to approve the Resolution as i_s.
The motion was seconded by Commissioner Lich, with Commissioners Higgins, Lich and Guthrie
and County Judge Morriss voting "AYE" and Commissioner Holland voting "NO", said motion
carrying by a majority vote.
EXHIBIT A
DESCRIPTION OF THE PROJECT
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The Project will consist of a retail grocery store to be located at the Southeast
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corner of the intersection of Main and Rodriguez Streets in Kerrville, Texas. The Project
will include one single-story 46,400 square foot supermarket building and certain depreciable"
equipment to be used in the operation of the Project.
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N0. 14999 APPROVAL OF CLAIMS AND ACCOUNTS ''
I
On this the 11th day of April 1983, came on to be examined by the Court, the various
claims and accounts against Kerr County and the respective Commissioners' Precincts, since
the last term of Court, which claims and accounts were approved for payment by the Auditor
and Treasurer, in amounts and out of Road & Bridge trios. 1, 2, 3 and 4, General, General Road
& Bridge Fund, Jury, Jail Operating, Revenue - - - - - - - - - -
Sharing Trust, 216th District Probation, Kerr County Public Library, County Law Library, Tax
Appraisal Office and Traffic Safety Funds.
Motion made by Commissioner Holland, seconded by Commissioner Guthrie and unanimously
approved by the Court.
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N0. 15000 APPOINTMENT OF FP,ED L. SPECK AS A MEMBER OF THE KERR COUNTY HISTORICAL SURVEY
COMMISSION
On this the 11th day of April 1983, upon motion made by Commissioner Holland, seconded
by Commissioner Higgins, the Court unanimously approved the appointment of Fred L. Speck
as a member of the Kerr County Historical Survey Commission.
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N0. 15001 ORDER IMPLEMENTING KERR COUNTY TRP.FFIC SAFETY EDUCATION PROGRAt4
On this the 11th day of April, 1983, came on to be considered by the Court the matter
of entering into a contract with the Texas Commission on Alcoholism for the implementation
of a DWI Education Program as set out in Article 42.13, Code of Criminal Procedure, and
designed to meet state-approved standards. The program, entitled "Kerr County Traffic Safety''
Education Program" is for the purpose of providing alcohol related offenders education in
traffic safety in the four-county area of Kerr, Gillespie, Bandera and Kimble Counties for
the period beginning March 1, 1983 and ending August 31, 1983. The contract provides for
reimbursement by Texas Alcohol Commission of eligible project costs in the total amount of
$4755.00, as specifically set out in the contract.
It appearing to the Court that the County Judges of the four county area have expressed
a desire for the implementation of the program, it is ordered on motion by Commissioner
Guthrie, seconded by Commissioner Lich, and unanimously approved by the Court that the Kerr
County Traffic Safety Education Program be implemented immediately pursuant to the terms
and conditions as set out in the contract on file in the office of County Clerk, and that
it be at all times in compliance with applicable State and Federal rules and regulations
attached thereto.
It is further ordered that:
1. Classes for participants be taught by Al Pierce, an instructor trained as required
by law, and that Al Pierce also be named as consultant to the Kerr County Judge in carrying
out the program.
2. Participating students shall be those who are ordered by the County Judges of the
four counties to attend classes as a part of their court-ordered probation in accordance
with the provisions of Article 42.13, C.C.P., conditioned upon their payment of a fee of