1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Saturday, January 1, 2011 11 10:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 GUY R. OVERBY, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X January 1, 2011 2 PAGE 3 1.1 Approve Bonds of County Commissioners' with terms of office beginning January 1, 2011 4 4 1.2 Administer Oaths to County Commissioners with 5 terms of office beginning January 1, 2011: Guy R. Overby, Commissioner, Precinct 2 5 6 Bruce Oehler, Commissioner, Precinct 4 8 7 1.3 Approval of Bonds of Elected Officials and other officials requiring bonds 10 8 1.4 Administer Oaths to all other elected officials 9 whose terms of office commence on January 1, 2011: Melvin Rex Emerson, Jr., 198th District Judge 11 10 Pat Tinley, Kerr County Judge 13 Spencer W. Brown, Kerr County Court at Law Judge 14 11 Robert Earl Henneke, Kerr County Attorney 16 Linda Uecker, Kerr County District Clerk 17 12 Jannett Pieper, Kerr County Clerk 18 Mindy Williams, Kerr County Treasurer 20 13 Lee C. Voelkel, Kerr County Surveyor 21 David J. Billeiter, J.P., Precinct 1 22 14 J.R. Hoyne, J.P., Precinct 2 24 Kathy Mitchell, J.P., Precinct 3 25 15 William Ragsdale, J.P., Precinct 4 27 16 1.5 Acknowledge existence and continuation of blanket bond in Sheriff's Office 29 17 1.6 Acknowledge existence and continuation of blanket 18 bond in Tax Assessor/Collector's Office 29 19 1.7 Administer Oaths to 198th Judicial District Court staff -- 20 1.8 Acknowledge existence and continuation of all 21 other bonds 29 22 1.9 Swear in members of the Headwaters Board: Jack Pratt, Director, Precinct 1 30 23 Diane McMahon, Director, Precinct 3 31 24 1.10 Approve application(s) to appoint deputies or assistants of all other elected officials whose 25 terms of office commence on January 1, 2011 33 3 1 I N D E X (Continued) January 1, 2011 2 PAGE 3 1.11 Approve bonds of all other elected officials whose terms of office commence on January 1, 2011 -- 4 --- Adjourned 35 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 On Saturday, January 1, 2011, at 10:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this special Commissioners Court meeting 9 posted and scheduled for the first day of the new year, 10 January 1, 2011, at 10 a.m. It is that time now. Of course, 11 we're happy to see the interest in our local government 12 process. It's good to see a lot of people turn out on the 13 first day of the year and be present with us as we swear in 14 our newly elected officials, most of whom are reelected, but 15 we have some newly elected ones that will be recognized here 16 today also. We thank you for being here. The first item on 17 the agenda is to approve the bonds of County Commissioners 18 with terms of office beginning January 1, 2011. Those 19 Commissioners are Precinct 2 Commissioner, Guy R. Overby, and 20 Precinct 4 Commissioner, Bruce Oehler. Do I hear a motion 21 that the bonds as presented be approved? 22 COMMISSIONER LETZ: I move approval. 23 COMMISSIONER BALDWIN: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval of the bonds as indicated. Question or discussion 1-1-11 5 1 on the motion? All in favor of the motion, signify by 2 raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: That motion does carry. We'll go to 7 Item 2 on the agenda; to administer the oaths to the County 8 Commissioners with terms of office beginning January 1, 2011. 9 The first oath to be administered will be to Precinct 2 10 Commissioner, Guy R. Overby. Commissioner, would you come 11 forward, please, and I'll administer the oath of office to 12 you. Stand right here. If you'd raise your right hand. "I, 13 Guy R. Overby." 14 COMMISSIONER OVERBY: I, Guy R. Overby. 15 JUDGE TINLEY: "Do solemnly swear." 16 COMMISSIONER OVERBY: Do solemnly swear. 17 JUDGE TINLEY: "That I will faithfully execute the 18 duties." 19 COMMISSIONER OVERBY: That I will execute -- 20 faithfully execute the duties. 21 JUDGE TINLEY: "Of the office of Kerr County 22 Commissioner, Precinct 2." 23 COMMISSIONER OVERBY: Of Kerr County -- Kerr 24 County, Precinct 2. 25 JUDGE TINLEY: "Of the state of Texas." 1-1-11 6 1 COMMISSIONER OVERBY: Of the state of Texas. 2 JUDGE TINLEY: "And will, to the best of my 3 ability." 4 COMMISSIONER OVERBY: And will, to the best of my 5 ability. 6 JUDGE TINLEY: "Preserve, protect, and defend." 7 COMMISSIONER OVERBY: Preserve, protect, and 8 defend. 9 JUDGE TINLEY: "The Constitution and laws of the 10 United States." 11 COMMISSIONER OVERBY: The Constitution and the laws 12 of the United States. 13 JUDGE TINLEY: "And of this state." 14 COMMISSIONER OVERBY: And of this state. 15 JUDGE TINLEY: "And will not be interested." 16 COMMISSIONER OVERBY: And will not be interested. 17 JUDGE TINLEY: "Directly or indirectly." 18 COMMISSIONER OVERBY: Directly or indirectly. 19 JUDGE TINLEY: "In a contract with or claim against 20 the county." 21 COMMISSIONER OVERBY: In a contract with or a claim 22 against the county. 23 JUDGE TINLEY: "Except a contract or claim 24 expressly authorized by law." 25 COMMISSIONER OVERBY: Go ahead and say that again? 1-1-11 7 1 (Laughter.) 2 JUDGE TINLEY: "Except a contract or claim." 3 COMMISSIONER OVERBY: Except a contract or claim. 4 JUDGE TINLEY: "Expressly authorized by law." 5 COMMISSIONER OVERBY: Expressly authorized by law. 6 JUDGE TINLEY: "Or a warrant issued to the Judge." 7 COMMISSIONER OVERBY: Or a warrant issued by the 8 Judge. 9 JUDGE TINLEY: "Or Commissioner as a fee of 10 office." 11 COMMISSIONER OVERBY: Or a commission of fee by the 12 office. 13 JUDGE TINLEY: "So help me God." 14 COMMISSIONER OVERBY: So help me God. 15 JUDGE TINLEY: Congratulations. 16 (Applause.) 17 COMMISSIONER OVERBY: Thank you. 18 COMMISSIONER BALDWIN: I'm not sure you want to do 19 this. (Laughter.) 20 COMMISSIONER OVERBY: A lot of words. 21 JUDGE TINLEY: I did not give Guy the opportunity 22 to read over this oath before I sprang it on him, so you'll 23 have to forgive me. Commissioner 4? Oath to Bruce Oehler. 24 COMMISSIONER OEHLER: Rex is going to do the honor. 25 JUDGE TINLEY: Okay. 1-1-11 8 1 COMMISSIONER OEHLER: Thank you. 2 JUDGE EMERSON: Let me read the thing. 3 JUDGE TINLEY: I've got it chopped up for you. You 4 may want to chop it up a little bit more. 5 JUDGE EMERSON: Smaller? 6 COMMISSIONER OEHLER: Yeah, you might want to 7 shorten some of this. 8 JUDGE EMERSON: Please raise your right hand. "I, 9 Bruce Oehler." 10 COMMISSIONER OEHLER: I, Bruce Oehler. 11 JUDGE EMERSON: "Do solemnly swear." 12 COMMISSIONER OEHLER: Do solemnly swear. 13 JUDGE EMERSON: "That I will faithfully execute the 14 duties." 15 COMMISSIONER OEHLER: That I will faithfully 16 execute the duties. 17 JUDGE EMERSON: "Of the office of Kerr County 18 Commissioner, Precinct 4." 19 COMMISSIONER OEHLER: Of the office of Kerr County 20 Commissioner, Precinct 4. 21 JUDGE EMERSON: "Of the state of Texas." 22 COMMISSIONER OEHLER: Of the state of Texas. 23 JUDGE EMERSON: "And will, to the best of my 24 ability." 25 COMMISSIONER OEHLER: And will, to the best of my 1-1-11 9 1 ability. 2 JUDGE EMERSON: "Preserve, protect, and defend." 3 COMMISSIONER OEHLER: Preserve, protect, and 4 defend. 5 JUDGE EMERSON: "The Constitution and laws of the 6 United States." 7 COMMISSIONER OEHLER: The constitution and laws of 8 the United States. 9 JUDGE EMERSON: "And of this state." 10 COMMISSIONER OEHLER: And of this state. 11 JUDGE EMERSON: "And will not be interested." 12 COMMISSIONER OEHLER: And will not be interested. 13 JUDGE EMERSON: "Directly or indirectly." 14 COMMISSIONER OEHLER: Directly or indirectly. 15 JUDGE EMERSON: "In a contract." 16 COMMISSIONER OEHLER: In a contract. 17 JUDGE EMERSON: "With a claim against the county." 18 COMMISSIONER OEHLER: With a claim against the 19 county. 20 JUDGE EMERSON: "Except." 21 COMMISSIONER OEHLER: Except. 22 JUDGE EMERSON: "A contract or claim." 23 COMMISSIONER OEHLER: A contract or claim. 24 JUDGE EMERSON: "Expressly authorized by law." 25 COMMISSIONER OEHLER: Expressly authorized by law. 1-1-11 10 1 JUDGE EMERSON: "Or a warrant issued." 2 COMMISSIONER OEHLER: Or a warrant issued. 3 JUDGE EMERSON: "To the Judge or Commissioner." 4 COMMISSIONER OEHLER: To the Judge or Commissioner. 5 JUDGE EMERSON: "As a fee of office." 6 COMMISSIONER OEHLER: As a fee of office. 7 JUDGE EMERSON: "So help me God." 8 COMMISSIONER OEHLER: So help me God. 9 (Applause.) 10 JUDGE TINLEY: The next agenda item, Item 3, is the 11 approval of the bonds of the elected officials and other 12 officials requiring bonds. I have bonds of elected officials 13 and others as follows: Pat Tinley, Kerr County Judge; 14 Spencer W. Brown, Kerr County Court at Law Judge; Robert Earl 15 Henneke, Kerr County Attorney; Linda Uecker, Kerr County 16 District Clerk; Jannett Pieper, Kerr County Clerk; Mindy 17 Williams, Kerr County Treasurer; Lee Voelkel, Kerr County 18 Surveyor; David J. Billeiter, Justice of the Peace, Precinct 19 1; J.R. Hoyne, Justice of the Peace, Precinct 2; Kathy 20 Mitchell, Justice of the Peace, Precinct 3; William Ragsdale, 21 Justice of the Peace, Precinct 4; and John Lavender, 22 Constable, Precinct 1. Do I hear a motion that the indicated 23 bonds be approved as indicated -- as recited? 24 COMMISSIONER OVERBY: Motion made. 25 COMMISSIONER LETZ: Second. 1-1-11 11 1 JUDGE TINLEY: We have a motion and a second for 2 the approval of the indicated bonds. Further question or 3 discussion? All in favor of the motion, signify by raising 4 your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: The motion does carry. The next 9 item on the agenda will be the administering of oaths to all 10 other elected officials whose terms of office commence on 11 January 1, 2011. The first one of those is Melvin Rex 12 Emerson, 198th District Judge, the oath to be administered by 13 Robert R. Barton, Senior District Judge and former 216th 14 District Judge. 15 JUDGE BARTON: Raise your right hand, please, and 16 repeat after me, using your name and office where I use mine. 17 "I, Robert Barton, do solemnly swear." 18 JUDGE EMERSON: I, Melvin Rex Emerson, Jr., do 19 solemnly swear. 20 JUDGE BARTON: "That I will faithfully execute the 21 duties of the office." 22 JUDGE EMERSON: That I will faithfully execute the 23 duties of the office. 24 JUDGE BARTON: "Of Senior District Judge, 216th 25 Judicial District." 1-1-11 12 1 JUDGE EMERSON: Of District Judge, 198th Judicial 2 District. 3 JUDGE BARTON: "Of the state of Texas." 4 JUDGE EMERSON: Of the state of Texas. 5 JUDGE BARTON: "And will, to the best of my 6 ability." 7 JUDGE EMERSON: And will, to the best of my 8 ability. 9 JUDGE BARTON: "Preserve, protect, and defend." 10 JUDGE EMERSON: Preserve, protect, and defend. 11 JUDGE BARTON: "The Constitution and laws of the 12 United States." 13 JUDGE EMERSON: The Constitution and laws of the 14 United States. 15 JUDGE BARTON: "And of this state." 16 JUDGE EMERSON: And of this state. 17 JUDGE BARTON: "So help me God." 18 JUDGE EMERSON: So help me God. 19 JUDGE BARTON: Congratulations. 20 (Applause.) 21 JUDGE TINLEY: Don't run off, Judge; we got another 22 one for you. 23 JUDGE BARTON: Okay. 24 JUDGE TINLEY: The next one to be sworn in will be 25 myself, again by Senior District Judge, Robert R. Barton. 1-1-11 13 1 JUDGE BARTON: Please raise your right hand and 2 repeat after me, using your name and office where I use mine. 3 "I, Robert Barton, do solemnly swear." 4 JUDGE TINLEY: I, Pat Tinley, do solemnly swear. 5 JUDGE BARTON: "That I will faithfully execute the 6 duties of the office." 7 JUDGE TINLEY: That I will faithfully execute the 8 duties of the office. 9 JUDGE BARTON: "Of Senior District Judge, 216th 10 Judicial District." 11 JUDGE TINLEY: Of Kerr County Judge of the state of 12 Texas. 13 JUDGE BARTON: "And will, to the best of my 14 ability." 15 JUDGE TINLEY: And will, to the best of my ability. 16 JUDGE BARTON: "Preserve, protect, and defend." 17 JUDGE TINLEY: Preserve, protect, and defend. 18 JUDGE BARTON: "The Constitution and laws of the 19 United States." 20 JUDGE TINLEY: The Constitution and laws of the 21 United States. 22 JUDGE BARTON: "And of this state." 23 JUDGE TINLEY: And of this state. 24 JUDGE BARTON: "And I will not be interested." 25 JUDGE TINLEY: And I will not be interested. 1-1-11 14 1 JUDGE BARTON: "Directly or indirectly." 2 JUDGE TINLEY: Directly or indirectly. 3 JUDGE BARTON: "In a contract with or claim against 4 the county." 5 JUDGE TINLEY: In a contract with or a claim 6 against the county. 7 JUDGE BARTON: "Except." 8 JUDGE TINLEY: Except. 9 JUDGE BARTON: "A contract or claim expressly 10 authorized by law." 11 JUDGE TINLEY: A contract or claim expressly 12 authorized by law. 13 JUDGE BARTON: "Or a warrant issued to the Judge." 14 JUDGE TINLEY: Or a warrant issued to the Judge. 15 JUDGE BARTON: "Or Commissioner as a fee of 16 office." 17 JUDGE TINLEY: Or Commissioner as a fee of office. 18 JUDGE BARTON: "So help me God." 19 JUDGE TINLEY: So help me God. 20 JUDGE BARTON: Congratulations. 21 (Applause.) 22 JUDGE TINLEY: The next official to be sworn in 23 will be Spencer W. Brown, County Court at Law Judge. Raise 24 your right hand. "I, Spencer W. Brown." 25 JUDGE BROWN: I, Spencer W. Brown. 1-1-11 15 1 JUDGE TINLEY: "Do solemnly swear." 2 JUDGE BROWN: Do solemnly swear. 3 JUDGE TINLEY: "That I will faithfully execute the 4 duties." 5 JUDGE BROWN: That I will faithfully execute the 6 duties. 7 JUDGE TINLEY: "Of the office of Kerr County Court 8 at Law Judge." 9 JUDGE BROWN: Of the office of Kerr County Court at 10 Law Judge. 11 JUDGE TINLEY: "Of the state of Texas." 12 JUDGE BROWN: Of the state of Texas. 13 JUDGE TINLEY: "And will, to the best of my 14 ability." 15 JUDGE BROWN: And will, to the best of my ability. 16 JUDGE TINLEY: "Preserve, protect, and defend." 17 JUDGE BROWN: Preserve, protect, and defend. 18 JUDGE TINLEY: "The Constitution and laws." 19 JUDGE BROWN: The Constitution and laws. 20 JUDGE TINLEY: "Of the United States." 21 JUDGE BROWN: Of the United States. 22 JUDGE TINLEY: "And of this state." 23 JUDGE BROWN: And of this state. 24 JUDGE TINLEY: "So help me God." 25 JUDGE BROWN: So help me God. Thank you, sir. 1-1-11 16 1 (Applause.) 2 JUDGE TINLEY: The next official to be sworn in is 3 the County Attorney, Robert Earl Henneke. Raise your right 4 hand, please. "I, Robert Earl Henneke." 5 MR. HENNEKE: I, Robert Earl Henneke. 6 JUDGE TINLEY: "Do solemnly swear." 7 MR. HENNEKE: Do solemnly swear. 8 JUDGE TINLEY: "That I will faithfully execute the 9 duties." 10 MR. HENNEKE: That I will faithfully execute the 11 duties. 12 JUDGE TINLEY: "Of the office of Kerr County 13 Attorney." 14 MR. HENNEKE: Of the office of Kerr County 15 Attorney. 16 JUDGE TINLEY: "Of the state of Texas." 17 MR. HENNEKE: Of the state of Texas. 18 JUDGE TINLEY: "And will, to the best of my 19 ability." 20 MR. HENNEKE: And will, to the best of my ability. 21 JUDGE TINLEY: "Preserve, protect, and defend." 22 MR. HENNEKE: Preserve, protect, and defend. 23 JUDGE TINLEY: "The Constitution and laws of the 24 United States." 25 MR. HENNEKE: The Constitution and laws of the 1-1-11 17 1 United States. 2 JUDGE TINLEY: "And of this state." 3 MR. HENNEKE: And of this state. 4 JUDGE TINLEY: "So help me God." 5 MR. HENNEKE: So help me God. 6 JUDGE TINLEY: Congratulations. 7 (Applause.) 8 JUDGE TINLEY: The next official to be sworn in 9 will be District Clerk, Linda Uecker, the oath to be 10 administered by Judge Barton. 11 MS. UECKER: One more time. 12 JUDGE BARTON: Let's do this again, in Spanish -- 13 in English. 14 COMMISSIONER OEHLER: German. 15 JUDGE BARTON: Raise your right hand and repeat 16 after me, using your name and office where I use mine. "I, 17 Robert Barton, do solemnly swear." 18 MS. UECKER: I, Linda Uecker, do solemnly swear. 19 JUDGE BARTON: "That I will faithfully execute the 20 duties." 21 MS. UECKER: That I will faithfully execute the 22 duties. 23 JUDGE BARTON: "Of the office of Senior District 24 Judge, 216th Judicial District." 25 MS. UECKER: Of the office of Kerr County District 1-1-11 18 1 Clerk. 2 JUDGE BARTON: "Of the state of Texas." 3 MS. UECKER: Of the state of Texas. 4 JUDGE BARTON: "And will, to the best of my 5 ability." 6 MS. UECKER: And will, to the best of my ability. 7 JUDGE BARTON: "Preserve, protect, and defend." 8 MS. UECKER: Preserve, protect, and defend. 9 JUDGE BARTON: "The Constitution and laws of the 10 United States." 11 MS. UECKER: The Constitution and laws of the 12 United States. 13 JUDGE BARTON: "And of this state." 14 MS. UECKER: And of this state. 15 JUDGE BARTON: "So help me God." 16 MS. UECKER: So help me God. 17 (Applause.) 18 JUDGE TINLEY: The next official to be sworn in is 19 the County Clerk, Jannett Pieper. "I, Jannett Pieper." 20 MS. PIEPER: I, Jannett Pieper. 21 JUDGE TINLEY: "Do solemnly swear." 22 MS. PIEPER: Do solemnly swear. 23 JUDGE TINLEY: "That I will faithfully execute the 24 duties." 25 MS. PIEPER: That I will faithfully execute the 1-1-11 19 1 duties. 2 JUDGE TINLEY: "Of the office of Kerr County 3 Clerk." 4 MS. PIEPER: Of the office of Kerr County Clerk. 5 JUDGE TINLEY: "Of the state of Texas." 6 MS. PIEPER: Of the state of Texas. 7 JUDGE TINLEY: "And will, to the best of my 8 ability." 9 MS. PIEPER: And will, to the best of my ability. 10 JUDGE TINLEY: "Preserve, protect, and defend." 11 MS. PIEPER: Preserve, protect, and defend. 12 JUDGE TINLEY: "The Constitution and laws of the 13 United States." 14 MS. PIEPER: The Constitution and laws of the 15 United States. 16 JUDGE TINLEY: "And of this state." 17 MS. PIEPER: And of this state. 18 JUDGE TINLEY: "So help me God." 19 MS. PIEPER: So help me God. 20 (Applause.) 21 JUDGE TINLEY: The next individual to be sworn in 22 will be the County Treasurer, Ms. Mindy Williams. 23 MS. UECKER: Go, Mindy. 24 JUDGE TINLEY: Do you want me to do this? 25 MS. WILLIAMS: Yes, sir. Sorry. 1-1-11 20 1 JUDGE TINLEY: "I, Mindy L. Williams." 2 MS. WILLIAMS: I, Mindy L. Williams. 3 JUDGE TINLEY: "Do solemnly swear." 4 MS. WILLIAMS: Do solemnly swear. 5 JUDGE TINLEY: "That I will faithfully execute the 6 duties." 7 MS. WILLIAMS: That I will faithfully execute the 8 duties. 9 JUDGE TINLEY: "Of the office of Kerr County 10 Treasurer." 11 MS. WILLIAMS: Of the office of Kerr County 12 Treasurer. 13 JUDGE TINLEY: "Of the state of Texas." 14 MS. WILLIAMS: Of the state of Texas. 15 JUDGE TINLEY: "And will, to the best of my 16 ability." 17 MS. WILLIAMS: And will, to the best of my ability. 18 JUDGE TINLEY: "Preserve, protect, and defend." 19 MS. WILLIAMS: Preserve, protect, and defend. 20 JUDGE TINLEY: "The Constitution and laws of the 21 United States." 22 MS. WILLIAMS: The Constitution and laws of the 23 United States. 24 JUDGE TINLEY: "And of this state." 25 MS. WILLIAMS: And of this state. 1-1-11 21 1 JUDGE TINLEY: "So help me God." 2 MS. WILLIAMS: So help me God. 3 (Applause.) 4 JUDGE TINLEY: Lee Voelkel. Lee Voelkel is the 5 longest continuing elected official in Kerr County. I 6 believe you went into office in 1983? 7 MR. VOELKEL: Yes, sir, '83. 8 JUDGE TINLEY: Okay. 9 MR. VOELKEL: Judge, I'd like Mr. Emerson to do 10 this. 11 JUDGE EMERSON: One Aggie to another. (Laughter.) 12 JUDGE TINLEY: Okay. 13 JUDGE EMERSON: "I, Lee C. Voelkel." 14 MR. VOELKEL: I, Lee C. Voelkel. 15 JUDGE EMERSON: "Do solemnly swear." 16 MR. VOELKEL: Do solemnly swear. 17 JUDGE EMERSON: "That I will faithfully execute." 18 MR. VOELKEL: That I will faithfully execute. 19 JUDGE EMERSON: "The duties of the office." 20 MR. VOELKEL: The duties of the office. 21 JUDGE EMERSON: "Of Kerr County Surveyor." 22 MR. VOELKEL: Of Kerr County Surveyor. 23 JUDGE EMERSON: "Of the state of Texas." 24 MR. VOELKEL: Of the state of Texas. 25 JUDGE EMERSON: "And will, to the best of my 1-1-11 22 1 ability, preserve." 2 MR. VOELKEL: And will, to the best of my ability, 3 preserve. 4 JUDGE EMERSON: "Protect and defend." 5 MR. VOELKEL: Protect and defend. 6 JUDGE EMERSON: "The Constitution and laws of the 7 United States." 8 MR. VOELKEL: The Constitution and laws of the 9 United States. 10 JUDGE EMERSON: "And of this state." 11 MR. VOELKEL: And of this state. 12 JUDGE EMERSON: "So help me God." 13 MR. VOELKEL: So help me God. 14 JUDGE EMERSON: Congratulations. 15 (Applause.) 16 JUDGE TINLEY: The next elected official to be 17 sworn in is David J. Billeiter. 18 JUDGE BILLEITER: Is it still lawful for Judge 19 Wright to swear me in? 20 JUDGE TINLEY: Absolutely. 21 JUDGE BILLEITER: Judge Wright? You swore me in 22 last time, so... 23 JUDGE WRIGHT: Raise your right hand and repeat 24 after me, "I," state your name. 25 JUDGE BILLEITER: I, David Billeiter. 1-1-11 23 1 JUDGE WRIGHT: "Do solemnly swear." 2 JUDGE BILLEITER: Do solemnly swear. 3 JUDGE WRIGHT: "That I will faithfully execute the 4 duties." 5 JUDGE BILLEITER: That I will faithfully execute 6 the duties. 7 JUDGE WRIGHT: "Of the office of." 8 JUDGE BILLEITER: Of the office of. 9 JUDGE WRIGHT: "Justice of the Peace, Precinct 1." 10 JUDGE BILLEITER: Justice of the Peace, Precinct 1. 11 JUDGE WRIGHT: "Of the state of Texas." 12 JUDGE BILLEITER: Of the state of Texas. 13 JUDGE WRIGHT: "And will, to the best of my 14 ability." 15 JUDGE BILLEITER: And will, to the best of my 16 ability. 17 JUDGE WRIGHT: "Preserve." 18 JUDGE BILLEITER: Preserve. 19 JUDGE WRIGHT: "Protect." 20 JUDGE BILLEITER: Protect. 21 JUDGE WRIGHT: "And defend the laws." 22 JUDGE BILLEITER: And defend the laws. 23 JUDGE WRIGHT: "Of the United States." 24 JUDGE BILLEITER: Of the United States. 25 JUDGE WRIGHT: "And of this state." 1-1-11 24 1 JUDGE BILLEITER: And of this state. 2 JUDGE WRIGHT: "So help me God." 3 JUDGE BILLEITER: So help me God. 4 (Applause.) 5 JUDGE TINLEY: The next official to be sworn in 6 J.R. Hoyne. He's a newly elected official. 7 JUDGE WRIGHT: And Precinct 2 did well. 8 JUDGE HOYNE: Thank you, ma'am. 9 JUDGE WRIGHT: "I," state your name. 10 JUDGE HOYNE: I, J.R. Hoyne. 11 JUDGE WRIGHT: "Do solemnly swear." 12 JUDGE HOYNE: Do solemnly swear. 13 JUDGE WRIGHT: "That I will faithfully execute the 14 duties." 15 JUDGE HOYNE: That I will faithfully execute the 16 duties. 17 JUDGE WRIGHT: "Of the office of." 18 JUDGE HOYNE: Of the office of. 19 JUDGE WRIGHT: "Kerr County Justice of the Peace, 20 Precinct 2." 21 JUDGE HOYNE: Kerr County Justice of the Peace, 22 Precinct 2. 23 JUDGE WRIGHT: "Of the state of Texas." 24 JUDGE HOYNE: Of the state of Texas. 25 JUDGE WRIGHT: "And will, to the best of my 1-1-11 25 1 ability." 2 JUDGE HOYNE: And will, to the best of my ability. 3 JUDGE WRIGHT: "Preserve." 4 JUDGE HOYNE: Preserve. 5 JUDGE WRIGHT: "Protect." 6 JUDGE HOYNE: Protect. 7 JUDGE WRIGHT: "And defend." 8 JUDGE HOYNE: And defend. 9 JUDGE WRIGHT: "The Constitution and the laws of 10 the United States." 11 JUDGE HOYNE: The Constitution and laws of the 12 United States. 13 JUDGE WRIGHT: "And of this state." 14 JUDGE HOYNE: And of this state. 15 JUDGE WRIGHT: "So help me God." 16 JUDGE HOYNE: So help me God. 17 (Applause.) 18 JUDGE TINLEY: The next official to be sworn in, 19 Kathy Mitchell, Justice of the Peace, Precinct 3. Are you 20 going to do it, Judge? 21 JUDGE MITCHELL: I'm going to let you do it. 22 JUDGE TINLEY: Okay. "I, Kathy Mitchell." 23 JUDGE MITCHELL: I, Kathy Mitchell. 24 JUDGE TINLEY: "Do solemnly swear." 25 JUDGE MITCHELL: Do solemnly swear. 1-1-11 26 1 JUDGE TINLEY: "That I will faithfully execute the 2 duties." 3 JUDGE MITCHELL: That I will faithfully execute the 4 duties. 5 JUDGE TINLEY: "Of the office of Kerr County 6 Justice of the Peace." 7 JUDGE MITCHELL: Of the office of Kerr County 8 Justice of the Peace. 9 JUDGE TINLEY: "Precinct 3." 10 JUDGE MITCHELL: Precinct 3. 11 JUDGE TINLEY: "Of the state of Texas." 12 JUDGE MITCHELL: Of the state of Texas. 13 JUDGE TINLEY: "And will, to the best of my 14 ability." 15 JUDGE MITCHELL: And will, to the best of my 16 ability. 17 JUDGE TINLEY: "Preserve, protect, and defend." 18 JUDGE MITCHELL: Preserve, protect, and defend. 19 JUDGE TINLEY: "The Constitution and laws of the 20 United States." 21 JUDGE MITCHELL: The Constitution and laws of the 22 United States. 23 JUDGE TINLEY: "And of this state." 24 JUDGE MITCHELL: And of this state. 25 JUDGE TINLEY: "So help me God." 1-1-11 27 1 JUDGE MITCHELL: So help me God. 2 (Applause.) 3 JUDGE TINLEY: The next official is William 4 Ragsdale. 5 JUDGE WRIGHT: "I," state your name. 6 JUDGE RAGSDALE: I, William Ragsdale. 7 JUDGE WRIGHT: "Do solemnly swear." 8 JUDGE RAGSDALE: Do solemnly swear. 9 JUDGE WRIGHT: "That I will faithfully execute the 10 duties." 11 JUDGE RAGSDALE: That will I will faithfully 12 execute the duties. 13 JUDGE WRIGHT: "Of the office of." 14 JUDGE RAGSDALE: Of the office of. 15 JUDGE WRIGHT: "Kerr County Justice of the Peace, 16 Precinct 4." 17 JUDGE RAGSDALE: Kerr County Justice of the Peace, 18 Precinct 4. 19 JUDGE WRIGHT: "Of the state of Texas." 20 JUDGE RAGSDALE: Of the state of Texas. 21 JUDGE WRIGHT: "And will, to the best of my 22 ability." 23 JUDGE RAGSDALE: And will, to the best of my 24 ability. 25 JUDGE WRIGHT: "Preserve." 1-1-11 28 1 JUDGE RAGSDALE: Preserve. 2 JUDGE WRIGHT: "Protect." 3 JUDGE RAGSDALE: Protect. 4 JUDGE WRIGHT: "And defend." 5 JUDGE RAGSDALE: And defend. 6 JUDGE WRIGHT: "The Constitution and laws of the 7 United States." 8 JUDGE RAGSDALE: The Constitution and laws of the 9 United States. 10 JUDGE WRIGHT: "And of this state." 11 JUDGE RAGSDALE: And of this state. 12 JUDGE WRIGHT: "So help me God." 13 JUDGE RAGSDALE: So help me God. 14 (Applause.) 15 JUDGE TINLEY: Those are all of the elected 16 officials that we have to be sworn in today. Those of you 17 that were sworn in, please do not leave here without being 18 sure that all the paperwork that you're required to have 19 signed is, in fact, completed. The clerk's going to be 20 riding herd on that, so till she gives you the clearance to 21 go, please stay. Okay? 22 MR. ELLIOTT: Judge, I think the Headwaters need to 23 be sworn in. 24 JUDGE TINLEY: They're later on the agenda, 25 Mr. Elliott. 1-1-11 29 1 MR. ELLIOTT: All right. 2 JUDGE TINLEY: Item Number 5 on the agenda is to 3 acknowledge the existence and continuation of the blanket 4 bond which is in existence in the Sheriff's Office. Other 5 than to acknowledge, Madam Clerk, that's all we do is merely 6 acknowledge that that bond is, in fact, in existence? 7 MS. PIEPER: That is correct. 8 JUDGE TINLEY: Consider it acknowledged. We'll go 9 to Item 6, to acknowledge the existence and continuation of 10 the blanket bond in the Tax Assessor's office. That also is 11 so acknowledged. Item Number 7 is the administering of oaths 12 to the 198th Judicial District Court staff. I'm not certain 13 how this got on the agenda, but that item's not necessary at 14 this time? 15 JUDGE EMERSON: No, sir. 16 JUDGE TINLEY: Okay. We'll move to Item 8, which 17 is to acknowledge the existence and continuation of other 18 bonds. We have those in existence at the County Clerk's 19 office, District Clerk's Office, and other elected officials, 20 and those bonds are also so acknowledged. We'll go to item 21 9, the swearing in of members of the Headwaters board. The 22 newly elected members of that board are Jack Pratt and Diane 23 McMahon. I don't know who's going to handle the swearing in 24 of that. Judge Emerson? Okay. Mr. Pratt? 25 (Low-voice discussion off the record.) 1-1-11 30 1 JUDGE EMERSON: Please raise your right hand. "I, 2 Jack Pratt, Jr." 3 MR. PRATT: I, Jack Pratt, Jr. 4 JUDGE EMERSON: "Do solemnly affirm." 5 MR. PRATT: Do solemnly affirm. 6 JUDGE EMERSON: "That I will faithfully execute the 7 duties of the office." 8 MR. PRATT: That I will faithfully execute the 9 duties of the office. 10 JUDGE EMERSON: "Of Headwaters Groundwater 11 Conservation District Director, Precinct 1." 12 MR. PRATT: As Headwaters Groundwater Conservation 13 District, Precinct 1. 14 JUDGE EMERSON: "Of the state of Texas." 15 MR. PRATT: Of the state of Texas. 16 JUDGE EMERSON: "And will, to the best of my 17 ability." 18 MR. PRATT: And will, to the best of my ability. 19 JUDGE EMERSON: "Preserve." 20 MR. PRATT: Preserve. 21 JUDGE EMERSON: "Protect." 22 MR. PRATT: Protect. 23 JUDGE EMERSON: "And defend." 24 MR. PRATT: And defend. 25 JUDGE EMERSON: "The Constitution and laws." 1-1-11 31 1 MR. PRATT: The Constitution and laws. 2 JUDGE EMERSON: "Of the United States and of this 3 state." 4 MR. PRATT: Of the United States and of this state. 5 JUDGE EMERSON: "So help me God." 6 MR. PRATT: So help me God. 7 JUDGE EMERSON: Congratulations. 8 (Applause.) 9 JUDGE TINLEY: Ms. McMahon? Who do you wish to 10 have administer the oath to you? 11 MS. McMAHON: Rex will do nicely. 12 JUDGE TINLEY: Judge Emerson? 13 MS. McMAHON: Here's my paperwork. 14 JUDGE TINLEY: Okay, thank you. 15 JUDGE EMERSON: Swear or affirm? 16 MS. McMAHON: Swear is fine. 17 JUDGE EMERSON: Raise your right hand, please. "I, 18 Diane McMahon." 19 MS. McMAHON: I, Diane McMahon. 20 JUDGE EMERSON: Excuse me. 21 MS. McMAHON: That's okay. 22 JUDGE EMERSON: "Do solemnly swear." 23 MS. McMAHON: Do solemnly swear. 24 JUDGE EMERSON: "That I will faithfully execute." 25 MS. McMAHON: That I will faithfully execute. 1-1-11 32 1 JUDGE EMERSON: "The duties of the office." 2 MS. McMAHON: The duties of the office. 3 JUDGE EMERSON: "Of Headwaters Groundwater 4 Conservation District, Director of Precinct 3." 5 MS. McMAHON: Of Headwaters Groundwater 6 Conservation District 3. 7 JUDGE EMERSON: "Of the state of Texas." 8 MS. McMAHON: Of the state of Texas. 9 JUDGE EMERSON: "And will, to the best of my 10 ability." 11 MS. McMAHON: And will, to the best of my ability. 12 JUDGE EMERSON: "Preserve." 13 MS. McMAHON: Preserve. 14 JUDGE EMERSON: "Protect." 15 MS. McMAHON: Protect. 16 JUDGE EMERSON: "And defend." 17 MS. McMAHON: And defend. 18 JUDGE EMERSON: "The Constitution and laws." 19 MS. McMAHON: The Constitution and laws. 20 JUDGE EMERSON: "Of the United States and of this 21 state." 22 MS. McMAHON: Of the United States and of this 23 state. 24 JUDGE EMERSON: "So help me God." 25 MS. McMAHON: So help me God. 1-1-11 33 1 (Applause.) 2 JUDGE TINLEY: When I mentioned those that need to 3 make sure their paperwork is in order, those that 4 administered oaths also need to sign off as having 5 administered that oath, so all of those officials who have 6 done so will need to be sure we've got everything cleared 7 with them also. We appreciate your cooperation. Let's go to 8 Item 10 on the agenda, to approve applications to appoint 9 deputies or assistants of all other elected officials whose 10 terms of office commence on January 1, 2011. The various 11 clerks -- Tax Assessor, County Clerk, District Clerk, 12 Treasurer, other elected officials have deputies that -- that 13 they file an application to appoint as, in fact, their 14 deputies under the law, and do I hear a motion that the 15 applications by those officials who have filed same for the 16 authority to appoint their deputies or assistants be 17 approved? 18 COMMISSIONER BALDWIN: So moved. 19 COMMISSIONER OEHLER: Second. 20 JUDGE TINLEY: We have a motion and a second for 21 approval. Question or discussion? All in favor, signify by 22 raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 1-1-11 34 1 JUDGE TINLEY: That motion does carry. Item 11. 2 Do we have any other bonds of elected officials or others 3 whose terms of office commence on January 1, 2011? Any other 4 business to come before the Court this morning? Comments 5 from newly elected officials? Or appointed officials? 6 COMMISSIONER OVERBY: Well, I will, Judge. Again, 7 I'd like to again thank you and the Commissioners Court and 8 Judge Tinley and the citizens of Kerr County. Again, in 9 taking this position, I know that the -- the late 10 Commissioner Bill Williams did a fantastic job for 12 years 11 in this position, and I truly admired Commissioner Williams 12 and his leadership for his time, his vision for Kerrville, 13 Kerr County, for Precinct 2. I do know that he had started 14 many projects and working on many projects out in Precinct 2. 15 And I've had a chance to know Commissioner Williams for a 16 long time when he was in Kerrville and, of course, serving in 17 Precinct 2. I had an opportunity to work with him on several 18 projects and where he was serving at that time, and I just 19 want to reiterate my support and my commitment to this 20 Commissioners Court and this Judge, and to the citizens of 21 Kerr County in my efforts to be diligent and my efforts to 22 make those projects go forward, to help our community, to 23 help Kerr County citizens, and I just want Precinct 2 to know 24 that I will be honored to serve you, to let you know that 25 I'll be working as hard as I can as we move forward. I will 1-1-11 35 1 let you know that there will be a lot of information that I 2 will be absorbing in the next few weeks and coming months, 3 but I just want you to know my commitment will be there, and 4 I look forward to working in these next two years of this 5 appointment, and thank you for that opportunity. 6 JUDGE TINLEY: Thank you, sir. 7 (Applause.) 8 JUDGE TINLEY: Anyone else? Any further business 9 to come before the Court this morning? We're adjourned. 10 (Commissioners Court adjourned at 10:30 a.m.) 11 - - - - - - - - - - 12 13 STATE OF TEXAS | 14 COUNTY OF KERR | 15 The above and foregoing is a true and complete 16 transcription of my stenotype notes taken in my capacity as 17 official reporter for the Commissioners Court of Kerr County, 18 Texas, at the time and place heretofore set forth. 19 DATED at Kerrville, Texas, this 3rd day of January, 20 2011. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 1-1-11