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KERR COUNTY COMMISSIONERS COURT
Special Session
Saturday, January 1, 2005
10:00 a.m.
District Courtroom Number 1
Kerr County Courthouse
Kerrville, Texas
PRESENT: H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
ABSENT: PAT TINLEY, Kerr County Judge
DAVE NICHOLSON, Commissioner Pct. 4
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I N D E X
January 1, 2005
1.1 Approval of official bonds of:
E. Bruce Curry, 216th District Attorney
H.A. "Buster" Baldwin, Commissioner Precinct 1
Jonathan Letz, Commissioner Precinct 3
Rex Emerson, County Attorney
W.R. "Rusty" Hierholzer, Sheriff
Linda Uecker, District Clerk
Paula Rector, Tax Assessor/Collector
David Billeiter, Constable Precinct 1
Joel Ayala, Jr., Constable Precinct 2
Angel Garza, Constable Precinct 3
Bob Terrill, Constable Precinct 4
Ed North, Deputy Constable Precinct 2
T.D. Hall, Deputy Constable Precinct 4
Mindy Williams, Assistant Auditor
District and County Clerk's Crime Policy bond
Approval of application of appointments for the
following deputies:
Joel Ayala, Jr.
Robert Terrill
Rusty Hierholzer
Paula Rector
1.3 Administer oaths to elected officials:
Stephen B. Ables, 216th District Judge
E. Bruce Curry, 216th District Attorney
H.A. "Buster" Baldwin, Commissioner Precinct 1
Jonathan Letz, Commissioner Precinct 3
W.R. "Rusty" Hierholzer, Sheriff
Paula Rector, Tax Assessor/Collector
M. Rex Emerson, Jr., County Attorney
David Billeiter, Constable Precinct 1
Joel Ayala, Jr., Constable Precinct 2
Angel Garza, Constable Precinct 3
Bob Terrill, Constable Precinct 4
T.D. Hall, Deputy Constable Precinct 4
James F. Hayes, Headwaters Underground Water
Conservation District Director at Large
Mary Ellen Summerlin, Headwaters Underground
Water Conservation District, Precinct 2
John R. Elliott, Headwaters Underground Water
Conservation District, Precinct 4
Deputy Sheriffs
--- Adjourned
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On Saturday, January 1, 2005, at 10:00 a.m., a special
meeting of the Kerr County Commissioners Court was held in
District Courtroom No. 1, Kerr County Courthouse, Kerrville,
Texas, and the following proceedings were had in open court:
P R O C E E D I N G S
COMMISSIONER BALDWIN: Good morning. I'll
call the Kerr County Commissioners Court to order, please.
This is January 1, 2005. It's 10 a.m. We're in the
District Courtroom, and let the record show that there are
three Commissioners; Number 1, Number 2, and Number 3. The
Commissioner 4 and the County Judge are absent. Gentlemen,
I have taken it upon myself to ask someone to come and have
a word of prayer for us, so I have asked J.P. 1, Vance
Elliott, if he would come and lead us in a word of prayer,
and when he is complete with the prayer, I'd ask you to join
me in the pledge of allegiance, please.
(Prayer and pledge of allegiance.)
COMMISSIONER BALDWIN: Thank you very much.
I think Vance has started preaching a little bit, so I've
given him several opportunities to pray here recently --
pray for us. On behalf of the Commissioners Court, I want
to welcome everybody. Glad the courtroom is almost full.
Of course, they're all cops, but good -- good to see you.
(Laughter.) One thing that we're going to do when we get
into the swearing part of it, which mother said to never do,
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we're going to take our time. So, you folks that -- family
members or friends that want to do the photos, we'll take
our time and make sure that you get all your photos taken.
So, just wanted to let you know that.
First item on the Commissioners Court agenda
this morning is approval of official bonds for the following
people: E. Bruce Curry, 216th District Attorney;
Commissioner H.A. "Buster" Baldwin; Commissioner Jonathan
Letz; County Attorney, Rex Emerson; Sheriff Rusty
Hierholzer; District Clerk, Linda Decker; Tax
Assessor/Collector, Paula Rector; Constable Number 1, David
Billeiter; Constable Number 2, Joel Ayala, Jr.; Constable
Number 3, Angel Garza; Constable Number 4, Robert "Bob"
Terrill; Deputy Constable Number 2, Ed North; Deputy
Constable Number 4, T.D. Hall; Assistant Auditor, Mindy
Williams, as well as the District and County Clerk's Crime
Policy bond. I'd entertain a motion at this time.
COMMISSIONER WILLIAMS: Move approval of the
bonds as presented.
COMMISSIONER LETZ: Second.
COMMISSIONER BALDWIN: Motion made and
seconded. All in favor, please raise your right hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: Unanimous vote for.
Item Number 2, the approval of application of appointments
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for the following deputies: Joel Ayala, Robert Terrill,
Rusty Hierholzer, and Paula Rector. I'll entertain a
COMMISSIONER LETZ: Move approval.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER BALDWIN: Motion made and
seconded. All in favor, please raise your right hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: Would you gentlemen
like to have what I'm -- what I have here?
COMMISSIONER WILLIAMS: It would be helpful,
yeah.
COMMISSIONER BALDWIN: I've got a copy for
you. Anything I can do. Well, just anything I can do to be
of assistance to you. We're going to swear in some folks at
this time. So, one of you District Judges -- who's first in
this thing?
JUDGE ABLES: I'm first up, probably.
Podium?
COMMISSIONER
podium would be best.
JUDGE PROHL:
Judge Ables is entering his
Judge. (Applause.) Five t
believe that? It's hard to
BALDWIN:
Well, th
17th year
arms, five
perceive.
Yes, sir, I think the
is is a pleasure.
as your District
elections. Can you
Would you raise your
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right hand, please? I'm going to read the oath and ask that
you affirm. I, Stephen B. Ables, solemnly swear or affirm
that I will faithfully execute the duties of the office of
District Judge, 216th Judicial District of the State of
Texas, and will, to the best of my ability, preserve,
protect, and defend the Constitution and laws of the United
States and of this state, so help me God.
JUDGE ABLES: I do solemnly swear. Thank
you.
(Applause.)
JUDGE ABLES: And all of these, we have to
sign them right after our oath is administered and give them
to our County Clerk. Mr. Curry?
(Discussion off the record.)
JUDGE ABLES: Bruce has been your District
Attorney in the 216th District Court for 20 years.
(Applause.)
JUDGE ABLES: He's starting his sixth term of
office. Bruce, would you raise your right hand? Do you, E.
Bruce Curry, solemnly swear that you will faithfully execute
the duties of the office of District Attorney, 216th
Judicial District of the State of Texas, and will, to the
best of your ability, preserve, protect, and defend the
Constitution and the laws of the United States and of this
state, so help you God?
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MR. CURRY: I do.
JUDGE ABLES: Congratulations, Bruce.
(Applause.)
JUDGE ABLES: Is there a surrogate for Ronnie
Sutton?
JUDGE PROHL: Ron Sutton's not here? I guess
we don't do a Grand Jury Monday. So much for that.
Commissioner Baldwin?
COMMISSIONER BALDWIN: That's me.
(Discussion off the record.)
JUDGE PROHL: Buster's entering his fourth
term as your Commissioner, and at this time, would you raise
your right hand? Do you, Buster Baldwin, solemnly swear or
affirm that you will faithfully execute the duties of the
office of Kerr County Commissioner, Precinct 1, of the State
of Texas, and will, to the best of your ability, preserve,
protect, and defend the Constitution and laws of the United
States and of this state, and will not be interested,
directly or indirectly, in a contract with or a claim
against the County, except a contract or a claim expressly
authorized by law or a warrant issued to the Judge or
Commissioner as a fee of office?
COMMISSIONER BALDWIN: I will. Thank you
very much.
(Applause.)
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JUDGE ABLES: Jonathan Letz. I guess we're
going to move out here where the flags are behind us. And
Jonathan's new baby's going to come up. What term are you
starting, Jon?
name.
COMMISSIONER LETZ: My third.
JUDGE ABLES: Third term. Tell me your son's
COMMISSIONER LETZ: Sam. Samuel Becker.
JUDGE ABLES: Welcome to your first swearing
in, Samuel Becker. Would you raise ycur right hand,
Commissioner? Do you, Jonathan Letz, solemnly swear that
you will faithfully execute the duties of the office of Kerr
County Commissioner, Precinct 3, of the State of Texas, and
will, to the best of your ability, preserve, protect, and
defend the Constitution of the laws of the United States and
of this state, and will not be interested, directly or
indirectly, in a contract with or a claim against the
County, except a contract or a claim expressly authorized by
law or a warrant issued to the Judge or Commissioner as a
fee of office, so help you God?
COMMISSIONER LETZ: I do.
JUDGE ABLES: Congratulations. Sam,
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(Applause.)
JUDGE PROHL: Sheriff. Rusty? Sheriff
congratulations.
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Hierholzer is coming into his second term as our Sheriff.
(Applause.)
JUDGE PROHL: Would you raise your right
hand? Do you, William Rusty Hierholzer, solemnly swear or
affirm that you will faithfully execute the duties of the
office of Sheriff of Kerr County, Texas, and will, to the
best of your ability, preserve, protect, and defend the
Constitution and laws of the United States and of this
state, so help you God?
SHERIFF HIERHOLZER: I do.
(Applause.)
JUDGE ABLES: Paula Rector. Paula, how many
terms?
MS. RECTOR: Five.
JUDGE ABLES: This is your fifth term. You
and I started out together, didn't we?
MS. RECTOR: Yes, we did.
JUDGE ABLES: Just seems like yesterday we
took our oath. This is Paula Rector, your Tax
Assessor/Collector, who I will swear at this time. Paula,
would you raise your right hand? Paula Rector, do you
solemnly swear that you will faithfully execute the duties
of the office of Kerr County Tax Assessor/Collector of the
State of Texas, and will, to the best of your ability,
preserve, protect, and defend the Constitution and laws of
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the United States and of this state, so help you God?
MS. RECTOR: I do.
JUDGE ABLES: All right. Congratulations.
(Applause.)
JUDGE PROHL: Melvin Rex.
(Discussion off the record.)
JUDGE PROHL: This is Melvin Rex Emerson,
Jr., who is entering his first term as our County Attorney.
(Applause.)
JUDGE PROHL: Do you, Melvin Rex Emerson,
Jr., solemnly swear or affirm that you will faithfully
execute the duties of the office of Kerr County Attorney of
the State of Texas, and will, to the best of your ability,
preserve, protect, and defend the Constitution and laws of
the United States and of this state, so help you God?
MR. EMERSON: I will.
(Applause.)
JUDGE ABLES: David Billeiter.
(Discussion off the record.)
JUDGE ABLES: Ten years as constable? Is
MR. BILLEITER: No, as a deputy.
JUDGE ABLES: Deputy. Vance?
JUDGE ELLIOTT: It's his first term, but he's
been serving the County --
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JUDGE ABLES: He was trying to give me this
hieroglyphics, you know. Vance -- Vance, I'm doing this,
and here you're trying to orchestrate the whole thing.
David, would you raise your right hand? Do you, David
Billeiter, solemnly swear that you will faithfully execute
the duties of the office of Kerr County Constable, Precinct
1, of the State of Texas, and will, to the best of your
ability, preserve, protect, and defend the Constitution and
the laws of the United States and of this state, so help you
God?
MR. BILLEITER: I do.
JUDGE ABLES: Congratulations.
(Applause.)
JUDGE PROHL: Joel Ayala. This is Joel
Ayala's second term for the County. Raise your right hand.
Do you, Joel Ayala, Jr., solemnly swear that you will
faithfully execute the duties of the office of Kerr County
Constable, Precinct 2, in the State of Texas, and will, to
the best of your ability, preserve, protect, and defend the
Constitution and laws of the United States and of this
state, so help you God?
MR. AYALA: I do.
JUDGE PROHL: Congratulations.
(Applause.)
JUDGE ABLES: Angel, let me see. You wanted
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to have your judge -- come on up, Angel. So, Angel, how
long have you been doing this?
MR. GARZA: Five years.
JUDGE ABLES: Five years. I'm going to swear
in Angel for his second term. Would you raise your right
hand? Do you, Angel Garza, solemnly swear that you will
faithfully execute the duties of the office of Kerr County
Constable, Precinct 3, of the State of Texas, and will, to
the best of your ability, preserve, protect, and defend the
Constitution and the laws of the United States and of this
state, so help you God?
MR. GARZA: Yes, I do, sir.
JUDGE ABLES: Congratulations.
MR. GARZA: Thank you.
(Applause.)
JUDGE PROHL: Bob Terrill.
(Discussion off the record.)
JUDGE PROHL: This will be Bob's second term.
Would you please raise your right hand? Do you, Robert
"Bob" Terrill, solemnly swear or affirm that you will
faithfully execute the duties of the office of Kerr County
Constable, Precinct 4, of the State of Texas, and will, to
the best of your ability, preserve, protect, and defend the
Constitution of the United States and of this state, so help
you God?
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MR. TERRILL: I do.
JUDGE PROHL: Congratulations.
MR. TERRILL: Thank you.
(Applause.)
JUDGE ABLES: Ed North. Where's Ed? Is
Eddie here? Oh, I feel like he's been taking care of us
since I moved to Kerrville in the early '70's in one role or
another, but we'll get him sworn in where he'll be official.
Do you want to hang on to this, Jannett? All right. The
law west of T.D. -- of Mountain Home. Law west of Mountain
Home's always been taken care of by the Hall family, and,
T.D., come on up. They have a rich tradition of law
enforcement in the Hall family. T.D., how long have you
been doing this? How long you been doing this?
MR. HALL: I think this makes about my eighth
term.
JUDGE ABLES: Eighth term. Would you -- that
deserves a round of applause.
(Applause.)
JUDGE ABLES: Do you, T.D. Hall, solemnly
swear that you will faithfully execute the duties of the
office of Kerr County Deputy Constable, Precinct 4, of the
State of Texas, and will, to the best of your ability,
preserve, protect, and defend the Constitution and the laws
of the United States and of this state, so help you God?
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MR. HALL: So help me God.
JUDGE ABLES: Congratulations.
(Applause.)
JUDGE PROHL: Mr. James F. Hayes. This young
man hails from Slaton, Texas. Only reason I know that is
it's 23 miles from Tahoka, so he comes from good stock.
Raise your right hand, please. Do you, James F. Hayes,
solemnly swear or affirm that you will faithfully execute
the duties of the office of Headwaters Underground Water
Conservation District Director at Large of the State of
Texas, and will, to the best of your ability, preserve,
protect, and defend the Constitution and laws of the United
States and this state, so help you God?
MR. HAYES: So help me God.
(Applause.)
JUDGE ABLES: Mary Ellen Summerlin. Dr. Tim,
good morning. How are you doing? Step around here, Mary
Ellen. Mary Ellen has been elected to the Headwaters
Underground Water Conservation District, Precinct 2. She'll
be sworn in for her first time today. Would you raise your
right hand? Do you, Mary Ellen Summerlin, solemnly swear or
affirm that you will faithfully execute the duties of the
office of Headwaters Underground Water Conservation
District, Precinct 2, of the State of Texas, and will, to
the best of your ability, preserve, protect, and defend the
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Constitution and laws of the United States and of this
state, so help you God?
MS. SUMMERLIN: I do.
JUDGE ABLES: Congratulations.
{Applause.)
JUDGE PROHL: John R. Elliott.
(Discussion off the record.)
JUDGE PROHL: This will be John Elliott's
first term on the Headwaters Underground Water Conservation
District. Would you please raise your right hand? Do you,
John R. Elliott, solemnly swear or affirm that you will
faithfully execute the duties of the office of Headwaters
Underground Water Conservation District, Precinct 4, of the
State of Texas, and will, to the best of your ability,
preserve, protect, and defend the Constitution of the United
States and of this state, so help you God?
MR. ELLIOTT: So help me God.
(Applause.)
JUDGE ABLES: I think that's all we have up
here. Do you have the deputies?
COMMISSIONER BALDWIN: Are you doing the
deputies now? Okay.
JUDGE ABLES: We've got to hang on to those.
Rusty, if we can have everybody come up here and maybe line
up, I know I'd like everybody to see our deputies.
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SHERIFF HIERHOLZER: May be better in front
of the bench. Line up all across in front of the bench.
(Discussion off the record.)
JUDGE ABLES: I'm going to get off to the
side, 'cause I'm sure we want to get a group photo and make
sure we get all of you in it. And I'm going to swear you in
as a group. But let me tell you something. We don't tell
you how much -- enough how much we appreciate you. Thank
you so much for serving us, for protecting us and taking
care of this community. We really appreciate you folks.
(Applause.)
JUDGE ABLES: I'd like all the deputies of
Kerr County to raise their right hand and be sworn in. Do
you solemnly swear that you will faithfully execute the
duties of the office of Deputy Sheriff of the State of
Texas, and will, to the best of your ability, preserve,
protect, and defend the Constitution and the laws of the
United States and this state, so help you God? The answer
is, "I will."
(Deputies replied, "I will.")
JUDGE ABLES: Congratulations, ladies and
gentlemen.
(Applause.)
JUDGE ABLES: We have to -- do we have
another swearing in to do of anyone?
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COMMISSIONER
JUDGE ABLES:
to finish up, but we're goi
swear -- as you're talking,
just to be here in front of
COMMISSIONER
JUDGE ABLES:
COMMISSIONER
score.
BALDWIN: No, sir.
And I don't know how y'all want
ng to have to -- going to have to
Buster, can I get these people
me?
BALDWIN: While I'm talking?
We'll be real quiet.
BALDWIN: I wish I had the Aggie
JUDGE ELLIOTT: Maybe you don't.
COMMISSIONER BALDWIN: Bet I do. Well, this
basically concludes this part of the Commissioners Court. I
wanted to open the floor for my colleagues to make any kind
of comments that they so desire, and -- and if they don't, I
want to wish you a happy new year. Commissioner Williams?
COMMISSIONER WILLIAMS: Thank you,
Commissioner. And I want to wish everybody here a happy new
year, a prosperous new year, and a healthy new year, and I
want to just take a moment to say thank you to all the
people who work for Kerr County. As you can see by what you
have witnessed here today, we have an absolutely fine,
outstanding group of individuals, both elected officials and
appointed officials and deputy sheriffs and so forth, who
work for Kerr County, do an outstanding job. It's to our
credit. Kerr County deserves this, and we have it, and I
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think we owe all of these good folks a round of applause.
Also, I want to say thank you to those at Headwaters for the
service they perform, and wish them well in their task
ahead. It's not an easy job, and we know you'll do a fine
job representing Kerr County and protect our natural
resources. I think they all deserve a big round of
applause. Happy New Year.
(Applause.)
COMMISSIONER BALDWIN: Commissioner Letz?
COMMISSIONER LETZ: I'd like to echo what
Commissioner Williams said related to happy new year, and
thanks to all the Kerr County employees. And I'd also like
the thank all of the citizens of Kerr County that support
all of us as elected officials. It's a fun job most of the
time. I think we all run for these offices -- various
offices with the intent of serving the public. I truly
enjoy serving the public, and I really appreciate the
support I get from all the members of the community. Thank
you.
(Applause.)
COMMISSIONER BALDWIN: I just want to close
by saying thank you to the families that support our people.
And, Karl and Steve, thank you guys so much for coming up
and spending part of your New Years to -- to serve the
citizens of Kerr County. We appreciate it. Anything else
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to come before this Court? It is officially over.
(Commissioners Court adjourned at 10:23 a.m.)
STATE OF TEXAS I
COUNTY OF KERR I
The above and foregoing is a true and complete
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 4th day of January,
2005.
JANNETT PIEPER, Kerr County Clerk
B Y : ___ _ ___~________ ____
Kathy ik, Deputy County Clerk
Certified Shorthand Reporter
23				
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ORDER N0.28971
.~.
APPROVE OF OFFICIAL BONDS.
Came to be heard this the 1st day of January 2005 with a motion made by Commissioner
Williams seconded by Commissioner Letz. The Court unanimously approved by vote of
3-0-0 the Official Bonds as follows:
Buster Baldwin, Commissioner Precinct 1
Jonathan Letz, Commissioner Precinct 3
Paula Rector, Tax Assessor/Collector
Linda Uecker, District Clerk
Rex Emerson, County Attorney
William Russel Hierholzer, Sheriff
David Billeiter, Constable Precinct 1
" Joel Ayala Jr. Constable Precinct 2
Angel Garza, Constable Precinct 3
Robert Terrill, Constable Precinct 4
Edward North, Deputy Constable Precinct 2
Mindy Williams, Assistant Auditor
County and District Clerks Crime Policy Bond
ORDER N0.2$972
APPROVAL OF APPLICATIONS FOR APPOINTMENT OF DEPUTIES.
Came to be heard this the 1st day of January 2005 with a motion made by Commissioner
Letz seconded by Commissioner Williams. The Court Unanimously approved by a vote
of 3-0-0 the application to appoint deputies of:
Rusty Hierholzer ,Sheriff
Paula Rector, Tax Assessor-Collector
•Joel Ayala, Jr., Constable Precinct 2
Robert "Bob" Terrill, Constable Precinct 4
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