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1 On Friday, February 12, 1999 at a
pproximately 1:30
2 p.m., a Special Session of Commissioners Court was held in
3 the Commissioners Courtroom, Kerr County Courthouse,
9 Kerrville, Texas, and the following proceedings were had in
5 open court:
6 P R O C E E D I N G S
~ JUDGE HENNEKE: Court will now call to order this
8 special Commissioners Court agenda, Commissioners Court
9 session for Friday, February 12, 1999, at 1:30 p.m. At this
10 time, anyone wishing to speak on a topic not on the agenda,
11 please come forward.
12	(No response.}
~ 13	JUDGE HENNEKE: Seeing none, are there any
19	Commissioners who have any comments this afternoon?
15	COMMISSIONER LETZ: No, sir.
16	JUDGE HENNEKE: If not, we'll proceed directly to
17	the agenda. First item on the agenda is Item 1.1, consider
18	and discuss interlocal agreement with the Kerr County
19	Historical Commission regarding the fiscal and management
20	responsibility for Union Church. Mr. Pollard
'
	, you
ve
21	prepared an agreement which I reviewed, and I provided each
22	of the Commissioners with a copy of that agreement
Ha
	.
ve you
23	had -- General Schellhase, have you had an opportunity to
24	look at the agreement?
25	MR. SCHELLHASE: I have not seen it.
	
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MR. POLLARD: Perhaps because it wasn't prepared
till about 11:30.
JUDGE HENNEKE: That might be one reason.
COMMISSIONER LETZ: Those were in our box, that
agreement? Oh, it's this agreement?
MR. POLLARD: I've got another one here if you need
any.
COMMISSIONER LETZ: No, I didn't know that I had itl
in front me.
MR. POLLARD: And it attaches the lease as an
exhibit.
MR. SCHELLHASE: Those are the things we agreed to,
Judge.
JUDGE HENNEKE: Essentially, you all have --
(Discussion off the record.)
JUDGE HENNEKE: Okay. Essentially, this is an
agreement with the Kerr County Historical Commission, which
states that they will satisfy all of the obligations of the
County under the lease with Schreiner College, and that they
will indemnify, hold the County harmless for any loss. It
further assigns to the County any funds held by the
Historical Commission in the event that the County has to
step in and -- and satisfy any of the obligations under the
lease with Schreiner College. Does anyone have any
questions? General Schellhase, do you have anything you want
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to say --
MR. SCHELLHASE: No.
JUDGE HENNEKE: -- on behalf of the Historical
Commission? I know this has come a little fast, but --
COMMISSIONER LETZ: I think this is exactly what, I
think, we needed to just make it clear who's doing what. I
think this does it.
JUDGE HENNEKE: And it is tied directly to the
lease, which is --
MR. SCHELLHASE: Which we --
JUDGE HENNEKE: -- what we talked about on
Wednesday.
COMMISSIONER LETZ: Compliments to Tom Pollard for
being able to write such a concise, short agreement. I mean,
it's -- I could even read it the first time. You are an
attorney, right?
MR. POLLARD: You can even understand it, huh?
Shall I try again?
JUDGE HENNEKE: There are -- there are a couple
typographical errors. The third line up on page 1, it says,
"at Commissioners' expense." It should be "Commission
expense." Commissioner Williams just pointed out that, in
Item No. 3 on page 2, the word "and" is in there twice. But
we can -- we can take care of those with the final document.
If there's not any further comments or discussion, I'd
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entertain a motion to approve the contract and indemnity
agreement with the Kerr County Historical Commission.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE HENNEKE: Moved by Commissioner Letz, second
by Commissioner Baldwin, that we approve the contract and
indemnity agreement with the Kerr County Historical
Commission. Any further discussion? If not, all in favor,
please raise your right hand.
(The motion was carried by unanimous vote.)
JUDGE HENNEKE: All opposed, same sign.
(No response.)
JUDGE HENNEKE: Motion carries. Turning now to
Agenda Item No. 2, consider and discuss proposed lease
agreement for the placement of the Union Church between
Schreiner College and Kerr County and authorize the County
Judge to sign same. I've provided each of you with a
red-lined copy of the revised lease, which shows the
revisions that were made to the document that was presented
on Monday. I've had a chance to look at it. I think it's
acceptable. Mr. Pollard, have you had a chance to look at
it?
MR. POLLARD: Yes. Yes, sir, I have. I think it
reflects the agreement we made in our meeting a couple of
days ago.
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JUDGE HENNEKE: The main thing that I would like to
say is that we've taken out the early termination provision,
which means that this is a 25-year lease. It does call for
the Historical Commission and the college to sit down every
five years or so and talk about how things are working. But,
unless there's a default under the lease, it is a 25-year
lease, which I think is important for -- for the County and
also very important for the Historical Commission as they go
forward and attempt to raise funds for this very worthwhile
historical preservation project.
COMMISSIONER LETZ: Looks good.
JUDGE HENNEKE: Take a minute if you need to and
look at the document.
COMMISSIONER WILLIAMS: They're still calling this
a security deposit, as opposed to --
JUDGE HENNEKE: Well --
COMMISSIONER WILLIAMS: The early termination was
I where?
JUDGE HENNEKE: Early termination was Paragraph 33,
which has been eliminated from the document completely.
COMMISSIONER WILLIAMS: Okay.
I
i COMMISSIONER LETZ: And the Commission's
I
comfortable with the May 2000 date for getting -- May 1st,
2000, to get the renovation completed by?
j MR. SCHELLHASE: Yes. We were satisfied with the
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February one, but the Judge persuaded them to go to May, so
we're thrilled.
COMMISSIONER WILLIAMS: I move for approval of the
lease.
COMMISSIONER LETZ: Second.
JUDGE HENNEKE: It's been moved by Commissioner
Williams that we approve the lease between Kerr County and
Schreiner College fox the Union Church, seconded by
Commissioner Letz. Any further discussion? If not, all in
favor, please raise your right hand.
(The motion was carried by unanimous vote.}
JUDGE HENNEKE: All opposed, same sign.
(No response)
JUDGE HENNEKE: Motion carries. Unless someone has
anything else, that concludes the business of this special
meeting of the Kerr County Commissioners Court. Thank you
all for coming in. I would like to say publicly, again,
thanks to the -- to our civil attorney, Tom Pollard, for
doing the work and turning this around in a very short
timeframe. Thanks to General Schellhase and Dr. Rector for
their contributions, and also thanks to Ed Wagoner and his
colleague who attended a meeting on Wednesday afternoon when
we ironed out the remaining differences. I will say, I
drove, briefly, up the street lust a few minutes ago, and
they axe getting ready to move.
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COMMISSIONER WILLIAMS: That was going to be my
question to the General. Are you still making your moving
schedule?
MR. SCHELLHASE: Between 7:00 and 9:00 Sunday
morning.
COMMISSIONER W
JUDGE HENNEKE:
interesting. So, thanks
on behalf of the County.
project and will make us
(Commissioners
ILLIAMS: Very good.
Which ought to be pretty
to everyone. It was a good effort
I think it's a very worthwhile
proud. We stand adjourned.
Court adjourned at 1:40 p.m.)
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STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and correct
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 17th day of February,
1999.
JANNETT PIEPER, County Clerk
BY : ~~u-c~~cf_ ~~'U
Kathy B nik, Deputy County Clerk
Certified Shorthand Reporter
,rte.